Mozilla Public License Version 1.1
- -1. Definitions.
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- 1.0.1. "Commercial Use" -
- means distribution or otherwise making the Covered Code available to a third party. -
- 1.1. "Contributor" -
- means each entity that creates or contributes to the creation of Modifications. -
- 1.2. "Contributor Version" -
- means the combination of the Original Code, prior Modifications used by a Contributor, - and the Modifications made by that particular Contributor. -
- 1.3. "Covered Code" -
- means the Original Code or Modifications or the combination of the Original Code and - Modifications, in each case including portions thereof. -
- 1.4. "Electronic Distribution Mechanism" -
- means a mechanism generally accepted in the software development community for the - electronic transfer of data. -
- 1.5. "Executable" -
- means Covered Code in any form other than Source Code. -
- 1.6. "Initial Developer" -
- means the individual or entity identified as the Initial Developer in the Source Code - notice required by Exhibit A. -
- 1.7. "Larger Work" -
- means a work which combines Covered Code or portions thereof with code not governed - by the terms of this License. -
- 1.8. "License" -
- means this document. -
- 1.8.1. "Licensable" -
- means having the right to grant, to the maximum extent possible, whether at the - time of the initial grant or subsequently acquired, any and all of the rights - conveyed herein. -
- 1.9. "Modifications" -
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means any addition to or deletion from the substance or structure of either the - Original Code or any previous Modifications. When Covered Code is released as a - series of files, a Modification is:
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- Any addition to or deletion from the contents of a file - containing Original Code or previous Modifications. -
- Any new file that contains any part of the Original Code or - previous Modifications. -
- - 1.10. "Original Code" -
- means Source Code of computer software code which is described in the Source Code - notice required by Exhibit A as Original Code, and which, - at the time of its release under this License is not already Covered Code governed - by this License. -
- 1.10.1. "Patent Claims" -
- means any patent claim(s), now owned or hereafter acquired, including without - limitation, method, process, and apparatus claims, in any patent Licensable by - grantor. -
- 1.11. "Source Code" -
- means the preferred form of the Covered Code for making modifications to it, - including all modules it contains, plus any associated interface definition files, - scripts used to control compilation and installation of an Executable, or source - code differential comparisons against either the Original Code or another well known, - available Covered Code of the Contributor's choice. The Source Code can be in a - compressed or archival form, provided the appropriate decompression or de-archiving - software is widely available for no charge. -
- 1.12. "You" (or "Your") -
- means an individual or a legal entity exercising rights under, and complying with - all of the terms of, this License or a future version of this License issued under - Section 6.1. For legal entities, "You" includes any entity - which controls, is controlled by, or is under common control with You. For purposes of - this definition, "control" means (a) the power, direct or indirect, to cause the - direction or management of such entity, whether by contract or otherwise, or (b) - ownership of more than fifty percent (50%) of the outstanding shares or beneficial - ownership of such entity. -
2. Source Code License.
-2.1. The Initial Developer Grant.
-The Initial Developer hereby grants You a world-wide, royalty-free, non-exclusive - license, subject to third party intellectual property claims:
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- under intellectual property rights (other than patent or - trademark) Licensable by Initial Developer to use, reproduce, modify, display, perform, - sublicense and distribute the Original Code (or portions thereof) with or without - Modifications, and/or as part of a Larger Work; and -
- under Patents Claims infringed by the making, using or selling - of Original Code, to make, have made, use, practice, sell, and offer for sale, and/or - otherwise dispose of the Original Code (or portions thereof). -
- the licenses granted in this Section 2.1 - (a) and (b) are effective on - the date Initial Developer first distributes Original Code under the terms of this - License. -
- Notwithstanding Section 2.1 (b) - above, no patent license is granted: 1) for code that You delete from the Original Code; - 2) separate from the Original Code; or 3) for infringements caused by: i) the - modification of the Original Code or ii) the combination of the Original Code with other - software or devices. -
2.2. Contributor Grant.
-Subject to third party intellectual property claims, each Contributor hereby grants You - a world-wide, royalty-free, non-exclusive license
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- under intellectual property rights (other than patent or trademark) - Licensable by Contributor, to use, reproduce, modify, display, perform, sublicense and - distribute the Modifications created by such Contributor (or portions thereof) either on - an unmodified basis, with other Modifications, as Covered Code and/or as part of a Larger - Work; and -
- under Patent Claims infringed by the making, using, or selling of - Modifications made by that Contributor either alone and/or in combination with its - Contributor Version (or portions of such combination), to make, use, sell, offer for - sale, have made, and/or otherwise dispose of: 1) Modifications made by that Contributor - (or portions thereof); and 2) the combination of Modifications made by that Contributor - with its Contributor Version (or portions of such combination). -
- the licenses granted in Sections 2.2 - (a) and 2.2 (b) are effective - on the date Contributor first makes Commercial Use of the Covered Code. -
- Notwithstanding Section 2.2 (b) - above, no patent license is granted: 1) for any code that Contributor has deleted from - the Contributor Version; 2) separate from the Contributor Version; 3) for infringements - caused by: i) third party modifications of Contributor Version or ii) the combination of - Modifications made by that Contributor with other software (except as part of the - Contributor Version) or other devices; or 4) under Patent Claims infringed by Covered Code - in the absence of Modifications made by that Contributor. -
3. Distribution Obligations.
-3.1. Application of License.
-The Modifications which You create or to which You contribute are governed by the terms - of this License, including without limitation Section 2.2. The - Source Code version of Covered Code may be distributed only under the terms of this License - or a future version of this License released under Section 6.1, - and You must include a copy of this License with every copy of the Source Code You - distribute. You may not offer or impose any terms on any Source Code version that alters or - restricts the applicable version of this License or the recipients' rights hereunder. - However, You may include an additional document offering the additional rights described in - Section 3.5.
-3.2. Availability of Source Code.
-Any Modification which You create or to which You contribute must be made available in - Source Code form under the terms of this License either on the same media as an Executable - version or via an accepted Electronic Distribution Mechanism to anyone to whom you made an - Executable version available; and if made available via Electronic Distribution Mechanism, - must remain available for at least twelve (12) months after the date it initially became - available, or at least six (6) months after a subsequent version of that particular - Modification has been made available to such recipients. You are responsible for ensuring - that the Source Code version remains available even if the Electronic Distribution - Mechanism is maintained by a third party.
-3.3. Description of Modifications.
- -You must cause all Covered Code to which You contribute to contain a file documenting the - changes You made to create that Covered Code and the date of any change. You must include a - prominent statement that the Modification is derived, directly or indirectly, from Original - Code provided by the Initial Developer and including the name of the Initial Developer in - (a) the Source Code, and (b) in any notice in an Executable version or related documentation - in which You describe the origin or ownership of the Covered Code.
-3.4. Intellectual Property Matters
-(a) Third Party Claims
-If Contributor has knowledge that a license under a third party's intellectual property - rights is required to exercise the rights granted by such Contributor under Sections - 2.1 or 2.2, Contributor must include a - text file with the Source Code distribution titled "LEGAL" which describes the claim and the - party making the claim in sufficient detail that a recipient will know whom to contact. If - Contributor obtains such knowledge after the Modification is made available as described in - Section 3.2, Contributor shall promptly modify the LEGAL file in - all copies Contributor makes available thereafter and shall take other steps (such as - notifying appropriate mailing lists or newsgroups) reasonably calculated to inform those who - received the Covered Code that new knowledge has been obtained.
-(b) Contributor APIs
- -If Contributor's Modifications include an application programming interface and Contributor - has knowledge of patent licenses which are reasonably necessary to implement that - API, Contributor must also include this information in the - legal file.
-(c) Representations.
-Contributor represents that, except as disclosed pursuant to Section 3.4 - (a) above, Contributor believes that Contributor's Modifications - are Contributor's original creation(s) and/or Contributor has sufficient rights to grant the - rights conveyed by this License.
-3.5. Required Notices.
-You must duplicate the notice in Exhibit A in each file of the - Source Code. If it is not possible to put such notice in a particular Source Code file due to - its structure, then You must include such notice in a location (such as a relevant directory) - where a user would be likely to look for such a notice. If You created one or more - Modification(s) You may add your name as a Contributor to the notice described in - Exhibit A. You must also duplicate this License in any documentation - for the Source Code where You describe recipients' rights or ownership rights relating to - Covered Code. You may choose to offer, and to charge a fee for, warranty, support, indemnity - or liability obligations to one or more recipients of Covered Code. However, You may do so - only on Your own behalf, and not on behalf of the Initial Developer or any Contributor. You - must make it absolutely clear than any such warranty, support, indemnity or liability - obligation is offered by You alone, and You hereby agree to indemnify the Initial Developer - and every Contributor for any liability incurred by the Initial Developer or such Contributor - as a result of warranty, support, indemnity or liability terms You offer.
-3.6. Distribution of Executable Versions.
- -You may distribute Covered Code in Executable form only if the requirements of Sections - 3.1, 3.2, - 3.3, 3.4 and - 3.5 have been met for that Covered Code, and if You include a - notice stating that the Source Code version of the Covered Code is available under the terms - of this License, including a description of how and where You have fulfilled the obligations - of Section 3.2. The notice must be conspicuously included in any - notice in an Executable version, related documentation or collateral in which You describe - recipients' rights relating to the Covered Code. You may distribute the Executable version of - Covered Code or ownership rights under a license of Your choice, which may contain terms - different from this License, provided that You are in compliance with the terms of this - License and that the license for the Executable version does not attempt to limit or alter the - recipient's rights in the Source Code version from the rights set forth in this License. If - You distribute the Executable version under a different license You must make it absolutely - clear that any terms which differ from this License are offered by You alone, not by the - Initial Developer or any Contributor. You hereby agree to indemnify the Initial Developer and - every Contributor for any liability incurred by the Initial Developer or such Contributor as - a result of any such terms You offer.
-3.7. Larger Works.
- -You may create a Larger Work by combining Covered Code with other code not governed by the - terms of this License and distribute the Larger Work as a single product. In such a case, - You must make sure the requirements of this License are fulfilled for the Covered Code.
-4. Inability to Comply Due to Statute or Regulation.
-If it is impossible for You to comply with any of the terms of this License with respect to - some or all of the Covered Code due to statute, judicial order, or regulation then You must: - (a) comply with the terms of this License to the maximum extent possible; and (b) describe - the limitations and the code they affect. Such description must be included in the - legal file described in Section - 3.4 and must be included with all distributions of the Source Code. - Except to the extent prohibited by statute or regulation, such description must be - sufficiently detailed for a recipient of ordinary skill to be able to understand it.
-5. Application of this License.
-This License applies to code to which the Initial Developer has attached the notice in - Exhibit A and to related Covered Code.
-6. Versions of the License.
- -6.1. New Versions
-Netscape Communications Corporation ("Netscape") may publish revised and/or new versions - of the License from time to time. Each version will be given a distinguishing version number.
-6.2. Effect of New Versions
-Once Covered Code has been published under a particular version of the License, You may - always continue to use it under the terms of that version. You may also choose to use such - Covered Code under the terms of any subsequent version of the License published by Netscape. - No one other than Netscape has the right to modify the terms applicable to Covered Code - created under this License.
-6.3. Derivative Works
-If You create or use a modified version of this License (which you may only do in order to - apply it to code which is not already Covered Code governed by this License), You must (a) - rename Your license so that the phrases "Mozilla", "MOZILLAPL", "MOZPL", "Netscape", "MPL", - "NPL" or any confusingly similar phrase do not appear in your license (except to note that - your license differs from this License) and (b) otherwise make it clear that Your version of - the license contains terms which differ from the Mozilla Public License and Netscape Public - License. (Filling in the name of the Initial Developer, Original Code or Contributor in the - notice described in Exhibit A shall not of themselves be deemed to - be modifications of this License.)
-7. Disclaimer of warranty
- -Covered code is provided under this license on an "as is" - basis, without warranty of any kind, either expressed or implied, including, without - limitation, warranties that the covered code is free of defects, merchantable, fit for a - particular purpose or non-infringing. The entire risk as to the quality and performance of - the covered code is with you. Should any covered code prove defective in any respect, you - (not the initial developer or any other contributor) assume the cost of any necessary - servicing, repair or correction. This disclaimer of warranty constitutes an essential part - of this license. No use of any covered code is authorized hereunder except under this - disclaimer.
-8. Termination
-8.1. This License and the rights granted hereunder will terminate - automatically if You fail to comply with terms herein and fail to cure such breach - within 30 days of becoming aware of the breach. All sublicenses to the Covered Code which - are properly granted shall survive any termination of this License. Provisions which, by - their nature, must remain in effect beyond the termination of this License shall survive. -
8.2. If You initiate litigation by asserting a patent infringement - claim (excluding declatory judgment actions) against Initial Developer or a Contributor - (the Initial Developer or Contributor against whom You file such action is referred to - as "Participant") alleging that:
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- such Participant's Contributor Version directly or indirectly - infringes any patent, then any and all rights granted by such Participant to You under - Sections 2.1 and/or 2.2 of this - License shall, upon 60 days notice from Participant terminate prospectively, unless if - within 60 days after receipt of notice You either: (i) agree in writing to pay - Participant a mutually agreeable reasonable royalty for Your past and future use of - Modifications made by such Participant, or (ii) withdraw Your litigation claim with - respect to the Contributor Version against such Participant. If within 60 days of - notice, a reasonable royalty and payment arrangement are not mutually agreed upon in - writing by the parties or the litigation claim is not withdrawn, the rights granted by - Participant to You under Sections 2.1 and/or - 2.2 automatically terminate at the expiration of the 60 day - notice period specified above. -
- any software, hardware, or device, other than such Participant's - Contributor Version, directly or indirectly infringes any patent, then any rights - granted to You by such Participant under Sections 2.1(b) - and 2.2(b) are revoked effective as of the date You first - made, used, sold, distributed, or had made, Modifications made by that Participant. -
8.3. If You assert a patent infringement claim against Participant - alleging that such Participant's Contributor Version directly or indirectly infringes - any patent where such claim is resolved (such as by license or settlement) prior to the - initiation of patent infringement litigation, then the reasonable value of the licenses - granted by such Participant under Sections 2.1 or - 2.2 shall be taken into account in determining the amount or - value of any payment or license. -
8.4. In the event of termination under Sections - 8.1 or 8.2 above, all end user - license agreements (excluding distributors and resellers) which have been validly - granted by You or any distributor hereunder prior to termination shall survive - termination.
-9. Limitation of liability
- -Under no circumstances and under no legal theory, whether - tort (including negligence), contract, or otherwise, shall you, the initial developer, - any other contributor, or any distributor of covered code, or any supplier of any of - such parties, be liable to any person for any indirect, special, incidental, or - consequential damages of any character including, without limitation, damages for loss - of goodwill, work stoppage, computer failure or malfunction, or any and all other - commercial damages or losses, even if such party shall have been informed of the - possibility of such damages. This limitation of liability shall not apply to liability - for death or personal injury resulting from such party's negligence to the extent - applicable law prohibits such limitation. Some jurisdictions do not allow the exclusion - or limitation of incidental or consequential damages, so this exclusion and limitation - may not apply to you. -
10. U.S. government end users
-The Covered Code is a "commercial item," as that term is defined in 48 - C.F.R. 2.101 (Oct. 1995), consisting of - "commercial computer software" and "commercial computer software documentation," as such - terms are used in 48 C.F.R. 12.212 (Sept. - - 1995). Consistent with 48 C.F.R. 12.212 and 48 C.F.R. - 227.7202-1 through 227.7202-4 (June 1995), all U.S. Government End Users - acquire Covered Code with only those rights set forth herein.
-11. Miscellaneous
-This License represents the complete agreement concerning subject matter hereof. If - any provision of this License is held to be unenforceable, such provision shall be - reformed only to the extent necessary to make it enforceable. This License shall be - governed by California law provisions (except to the extent applicable law, if any, - provides otherwise), excluding its conflict-of-law provisions. With respect to - disputes in which at least one party is a citizen of, or an entity chartered or - registered to do business in the United States of America, any litigation relating to - this License shall be subject to the jurisdiction of the Federal Courts of the - Northern District of California, with venue lying in Santa Clara County, California, - with the losing party responsible for costs, including without limitation, court - costs and reasonable attorneys' fees and expenses. The application of the United - Nations Convention on Contracts for the International Sale of Goods is expressly - excluded. Any law or regulation which provides that the language of a contract - shall be construed against the drafter shall not apply to this License.
-12. Responsibility for claims
- -As between Initial Developer and the Contributors, each party is responsible for - claims and damages arising, directly or indirectly, out of its utilization of rights - under this License and You agree to work with Initial Developer and Contributors to - distribute such responsibility on an equitable basis. Nothing herein is intended or - shall be deemed to constitute any admission of liability.
-13. Multiple-licensed code
-Initial Developer may designate portions of the Covered Code as - "Multiple-Licensed". "Multiple-Licensed" means that the Initial Developer permits - you to utilize portions of the Covered Code under Your choice of the MPL - or the alternative licenses, if any, specified by the Initial Developer in the file - described in Exhibit A.
-Exhibit A - Mozilla Public License.
-"The contents of this file are subject to the Mozilla Public License -Version 1.1 (the "License"); you may not use this file except in -compliance with the License. You may obtain a copy of the License at -http://www.mozilla.org/MPL/ - -Software distributed under the License is distributed on an "AS IS" -basis, WITHOUT WARRANTY OF ANY KIND, either express or implied. See the -License for the specific language governing rights and limitations -under the License. - -The Original Code is ______________________________________. - -The Initial Developer of the Original Code is ________________________. -Portions created by ______________________ are Copyright (C) ______ -_______________________. All Rights Reserved. - -Contributor(s): ______________________________________. - -Alternatively, the contents of this file may be used under the terms -of the _____ license (the "[___] License"), in which case the -provisions of [______] License are applicable instead of those -above. If you wish to allow use of your version of this file only -under the terms of the [____] License and not to allow others to use -your version of this file under the MPL, indicate your decision by -deleting the provisions above and replace them with the notice and -other provisions required by the [___] License. If you do not delete -the provisions above, a recipient may use your version of this file -under either the MPL or the [___] License."- -
NOTE: The text of this Exhibit A may differ slightly from the text of - the notices in the Source Code files of the Original Code. You should - use the text of this Exhibit A rather than the text found in the - Original Code Source Code for Your Modifications.
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