Mozilla Public License 1.1 (MPL 1.1)
- 1.0.1. "Commercial Use" means distribution _ otherwise making
_ Covered Code available _ a third party.
1.1. ''Contributor'' means each entity that creates _ contributes
_ the creation of Modifications.
1.2. ''Contributor Version'' means _ combination of _ Original
Code, prior Modifications used by a Contributor, _ the Modifications
made by that particular Contributor.
1.3. ''Covered Code'' means _ Original Code _ Modifications
_ the combination of _ Original Code _ Modifications, in each case
including portions thereof.
1.4. ''Electronic Distribution Mechanism'' means a mechanism
generally accepted in _ software development community for _ electronic
transfer of data.
1.5. ''Executable'' means Covered Code in any form other than
1.6. ''Initial Developer'' means _ individual _ entity identified
as _ Initial Developer in _ Source Code notice required by Exhibit
1.7. ''Larger Work'' means a work which combines Covered Code
_ portions thereof with code not governed by _ terms of this License.
1.8. ''License'' means this document.
1.8.1. "Licensable" means having _ right _ grant, _ the maximum
extent possible, whether at _ time of _ initial grant _ subsequently
acquired, any _ all of _ rights conveyed herein.
1.9. ''Modifications'' means any addition _ or deletion from
_ substance _ structure of either _ Original Code _ any previous
Modifications. When Covered Code _ released as a series of files, a
- A. Any addition _ or deletion from _ contents of a file containing
Original Code _ previous Modifications.
B. Any new file that contains any part of _ Original Code or
1.10. ''Original Code'' means Source Code of computer software code
which _ described in _ Source Code notice required by Exhibit A
as Original Code, _ which, at _ time of its release under this License
_ not already Covered Code governed by this License.
1.10.1. "Patent Claims" means any patent claim(s), now owned
_ hereafter acquired, including without limitation, method, process,
_ apparatus claims, in any patent Licensable by grantor.
1.11. ''Source Code'' means _ preferred form of _ Covered
Code for making modifications _ it, including all modules it contains,
plus any associated interface definition files, scripts used _ control
compilation _ installation of an Executable, _ source code differential
comparisons against either _ Original Code _ another well known, available
Covered Code of _ Contributor's choice. _ Source Code can be in a compressed
or archival form, provided _ appropriate decompression _ de-archiving
software _ widely available for no charge.
1.12. "You'' (or "Your") means an individual _ a legal
entity exercising rights under, _ complying with all of _ terms of,
this License _ a future version of this License issued under Section 6.1.
For legal entities, "You'' includes any entity which controls, _ controlled
by, _ is under common control with You. For purposes of this definition,
"control'' means (a) _ power, direct _ indirect, _ cause _ direction
_ management of such entity, whether by contract _ otherwise, _ (b)
ownership of more than fifty percent (50%) of _ outstanding shares or
beneficial ownership of such entity.
2. Source Code License.
- 2.1. _ Initial Developer Grant.
The Initial Developer hereby grants You a world-wide, royalty-free,
non-exclusive license, subject _ third party intellectual property claims:
- (a) under intellectual property rights (other than
patent _ trademark) Licensable by Initial Developer _ use, reproduce,
modify, display, perform, sublicense _ distribute _ Original Code (or
portions thereof) with _ without Modifications, and/or as part of a Larger
(b) under Patents Claims infringed by _ making, using _ selling
of Original Code, _ make, have made, use, practice, sell, _ offer for
sale, and/or otherwise dispose of _ Original Code (or portions thereof).
(c) the licenses granted in this Section 2.1(a) _ (b) are effective
_ the date Initial Developer first distributes Original Code under the
terms of this License.
(d) Notwithstanding Section 2.1(b) above, no patent license is
granted: 1) for code that You delete from _ Original Code; 2) separate
from _ Original Code; _ 3) for infringements caused by: i) the
modification of _ Original Code _ ii) _ combination of _ Original
Code with other software _ devices.
2.2. Contributor Grant.
Subject _ third party intellectual property claims, each Contributor
hereby grants You a world-wide, royalty-free, non-exclusive license
(a) under intellectual property rights (other than
patent _ trademark) Licensable by Contributor, _ use, reproduce, modify,
display, perform, sublicense _ distribute _ Modifications created by
such Contributor (or portions thereof) either _ an unmodified basis, with
other Modifications, as Covered Code and/or as part of a Larger Work; _
(b) under Patent Claims infringed by _ making, using, _ selling
of Modifications made by that Contributor either alone and/or in
combination with its Contributor Version (or portions of such combination),
_ make, use, sell, offer for sale, have made, and/or otherwise dispose
of: 1) Modifications made by that Contributor (or portions thereof); and
2) _ combination of Modifications made by that Contributor with
its Contributor Version (or portions of such combination).
(c) the licenses granted in Sections 2.2(a) _ 2.2(b) are effective
_ the date Contributor first makes Commercial Use of _ Covered Code.
(d) Notwithstanding Section 2.2(b) above, no
patent license _ granted: 1) for any code that Contributor has deleted
from _ Contributor Version; 2) separate from _ Contributor
3) for infringements caused by: i) third party modifications of
Version _ ii) _ combination of Modifications made by that Contributor
with other software (except as part of _ Contributor Version) or
other devices; _ 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 _ to which You contribute are governed
by _ terms of this License, including without limitation Section 2.2.
_ Source Code version of Covered Code may be distributed only under the
terms of this License _ a future version of this License released under
Section 6.1, _ You must include a copy of this License with every
copy of _ Source Code You distribute. You may not offer _ impose any
terms _ any Source Code version that alters _ restricts _ applicable
version of this License _ the recipients' rights hereunder. However, You
may include an additional document offering _ additional rights described
in Section 3.5.
3.2. Availability of Source Code.
Any Modification which You create _ to which You contribute must be
made available in Source Code form under _ terms of this License either
_ the same media as an Executable version _ via an accepted Electronic
Distribution Mechanism _ anyone _ whom you made an Executable version
available; _ if made available via Electronic Distribution Mechanism,
must remain available for at least twelve (12) months after _ date it
initially became available, _ at least six (6) months after a subsequent
version of that particular Modification has been made available _ such
recipients. You are responsible for ensuring that _ Source Code version
remains available even if _ Electronic Distribution Mechanism _ maintained
by a third party.
3.3. Description of Modifications.
You must cause all Covered Code _ which You contribute _ contain
a file documenting _ changes You made _ create that Covered Code and
_ date of any change. You must include a prominent statement that the
Modification _ derived, directly _ indirectly, from Original Code provided
by _ Initial Developer _ including _ name of _ Initial Developer
in (a) _ Source Code, _ (b) in any notice in an Executable version
_ related documentation in which You describe _ origin _ ownership
of _ Covered Code.
3.4. Intellectual Property Matters
- (a) Third Party Claims.
If Contributor has knowledge that a license under a third party's
property rights _ required _ exercise _ rights granted by such Contributor
under Sections 2.1 _ 2.2, Contributor must include a text file with the
Source Code distribution titled "LEGAL'' which describes _ claim and
_ party making _ claim in sufficient detail that a recipient will know
whom _ contact. If Contributor obtains such knowledge after _ Modification
_ made available as described in Section 3.2, Contributor shall promptly
modify _ LEGAL file in all copies Contributor makes available thereafter
_ shall take other steps (such as notifying appropriate mailing lists
_ newsgroups) reasonably calculated _ inform those who received _ Covered
Code that new knowledge has been obtained.
(b) Contributor APIs.
If Contributor's Modifications include an application programming interface
_ Contributor has knowledge of patent licenses which are reasonably necessary
_ implement that API, Contributor must also include this information in
_ LEGAL file.
- Contributor represents that, except as disclosed pursuant _ Section
3.4(a) above, Contributor believes that Contributor's Modifications are
Contributor's original creation(s) and/or Contributor has sufficient rights
_ grant _ rights conveyed by this License.
3.5. Required Notices.
You must duplicate _ notice in Exhibit A in each file of the
Source Code. If it _ not possible _ put such notice in a particular
Source Code file due _ its structure, then You must include such notice
in a location (such as a relevant directory) where a user would be likely
_ look for such a notice. If You created one _ more Modification(s)
You may add your name as a Contributor _ the notice described in Exhibit
A. You must also duplicate this License in any documentation
for _ Source Code where You describe recipients' rights _ ownership
rights relating _ Covered Code. You may choose _ offer, _ to
charge a fee for, warranty, support, indemnity _ liability obligations
_ one _ more recipients of Covered Code. However, You may do so only
_ Your own behalf, _ not _ behalf of _ Initial Developer _ any
You must make it absolutely clear than any such warranty, support, indemnity
_ liability obligation _ offered by You alone, _ You hereby agree to
indemnify _ Initial Developer _ every Contributor for any liability
incurred by _ Initial Developer _ such Contributor as a result of warranty,
support, indemnity _ liability terms You offer.
3.6. Distribution of Executable Versions.
You may distribute Covered Code in Executable form only if _ requirements
of Section 3.1-3.5 have been met for that Covered Code, _ if You
include a notice stating that _ Source Code version of _ Covered Code
_ available under _ terms of this License, including a description of
how _ where You have fulfilled _ obligations of Section 3.2.
_ notice must be conspicuously included in any notice in an Executable
version, related documentation _ collateral in which You describe recipients'
rights relating _ the Covered Code. You may distribute _ Executable
version of Covered Code _ ownership rights under a license of Your choice,
which may contain terms different from this License, provided that You
are in compliance with _ terms of this License _ that _ license for
_ Executable version does not attempt _ limit _ alter _ recipient's
rights in _ Source Code version from _ rights set forth in this License.
If You distribute _ 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 _ Initial Developer _ any Contributor.
You hereby agree _ indemnify _ Initial Developer _ every Contributor
for any liability incurred by _ Initial Developer _ 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 _ terms of this License _ distribute _ Larger Work
as a single product. In such a case, You must make sure _ requirements
of this License are fulfilled for _ Covered Code.
4. Inability _ Comply Due _ Statute _ Regulation.
- If it _ impossible for You _ comply with any of _ terms of this
License with respect _ some _ all of _ Covered Code due _ statute,
judicial order, _ regulation then You must: (a) comply with _ terms
of this License _ the maximum extent possible; _ (b) describe _ limitations
and _ code they affect. Such description must be included in _ LEGAL
file described in Section 3.4 _ must be included with all distributions
of _ Source Code. Except _ the extent prohibited by statute _ regulation,
such description must be sufficiently detailed for a recipient of ordinary
skill _ be able _ understand it.
5. Application of this License.
- This License applies _ code _ which _ Initial Developer has attached
_ notice in Exhibit A _ to related Covered Code.
6. Versions of _ License.
- 6.1. New Versions.
Netscape Communications Corporation (''Netscape'') may publish revised
and/or new versions of _ License from time _ 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
_ License, You may always continue _ use it under _ terms of that
version. You may also choose _ use such Covered Code under _ terms of
any subsequent version of _ License published by Netscape. No one other
than Netscape has _ right _ modify _ terms applicable _ Covered Code
created under this License.
6.3. Derivative Works.
If You create _ use a modified version of this License (which you
may only do in order _ apply it _ code which _ not already Covered Code
governed by this License), You must (a) rename Your license so that the
phrases ''Mozilla'', ''MOZILLAPL'', ''MOZPL'', ''Netscape'', "MPL", ''NPL''
_ any confusingly similar phrase do not appear in your license (except
_ note that your license differs from this License) _ (b) otherwise
make it clear that Your version of _ license contains terms which differ
from _ Mozilla Public License _ Netscape Public License. (Filling in
_ name of _ Initial Developer, Original Code _ Contributor in the
notice described in Exhibit A shall not of themselves be deemed
_ be modifications of this License.)
7. DISCLAIMER OF WARRANTY.
- COVERED CODE _ PROVIDED UNDER THIS LICENSE _ AN "AS IS'' BASIS, WITHOUT
WARRANTY OF ANY KIND, EITHER EXPRESSED _ IMPLIED, INCLUDING, WITHOUT
WARRANTIES THAT _ COVERED CODE _ FREE OF DEFECTS, MERCHANTABLE, FIT
FOR A PARTICULAR PURPOSE _ NON-INFRINGING. _ ENTIRE RISK AS _ THE QUALITY
_ PERFORMANCE OF _ COVERED CODE _ WITH YOU. SHOULD ANY COVERED CODE
PROVE DEFECTIVE IN ANY RESPECT, YOU (NOT _ INITIAL DEVELOPER _ ANY OTHER
CONTRIBUTOR) ASSUME _ COST OF ANY NECESSARY SERVICING, REPAIR _ CORRECTION.
THIS DISCLAIMER OF WARRANTY CONSTITUTES AN ESSENTIAL PART OF THIS LICENSE.
NO USE OF ANY COVERED CODE _ AUTHORIZED HEREUNDER EXCEPT UNDER THIS
- 8.1. This License _ the rights granted hereunder will
terminate automatically if You fail _ comply with terms herein _ fail
_ cure such breach within 30 days of becoming aware of _ breach. All
sublicenses _ the Covered Code which are properly granted shall survive
any termination of this License. Provisions which, by their nature, must
remain in effect beyond _ termination of this License shall survive.
8.2. If You initiate litigation by asserting a patent
claim (excluding declatory judgment actions) against Initial Developer
_ a Contributor (the Initial Developer _ Contributor against whom You
file such action _ referred _ as "Participant") alleging that:
(a) such Participant's Contributor Version directly or
indirectly infringes any patent, then any _ all rights granted by such
Participant _ 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
_ pay Participant a mutually agreeable reasonable royalty for Your past
_ future use of Modifications made by such Participant, _ (ii) withdraw
Your litigation claim with respect _ 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 _ parties
_ the litigation claim _ not withdrawn, _ rights granted by Participant
_ You under Sections 2.1 and/or 2.2 automatically terminate at _ expiration
of _ 60 day notice period specified above.
(b) any software, hardware, _ device, other than such
Participant's Contributor Version, directly _ indirectly infringes any
patent, then any rights granted _ You by such Participant under Sections
2.1(b) _ 2.2(b) are revoked effective as of _ date You first made,
used, sold, distributed, _ 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
_ indirectly infringes any patent where such claim _ resolved (such as
by license _ settlement) prior _ the initiation of patent infringement
litigation, then _ reasonable value of _ licenses granted by such
under Sections 2.1 _ 2.2 shall be taken into account in determining the
amount _ value of any payment _ license.
8.4. In _ event of termination under Sections 8.1 or
8.2 above, all end user license agreements (excluding distributors
_ resellers) which have been validly granted by You _ any distributor
hereunder prior _ termination shall survive termination.
9. LIMITATION OF LIABILITY.
- UNDER NO CIRCUMSTANCES _ UNDER NO LEGAL THEORY, WHETHER TORT (INCLUDING
NEGLIGENCE), CONTRACT, _ OTHERWISE, SHALL YOU, _ INITIAL DEVELOPER,
ANY OTHER CONTRIBUTOR, _ ANY DISTRIBUTOR OF COVERED CODE, _ ANY SUPPLIER
OF ANY OF SUCH PARTIES, BE LIABLE _ ANY PERSON FOR ANY INDIRECT, SPECIAL,
INCIDENTAL, _ CONSEQUENTIAL DAMAGES OF ANY CHARACTER INCLUDING, WITHOUT
LIMITATION, DAMAGES FOR LOSS OF GOODWILL, WORK STOPPAGE, COMPUTER FAILURE
_ MALFUNCTION, _ ANY _ ALL OTHER COMMERCIAL DAMAGES _ LOSSES, EVEN
IF SUCH PARTY SHALL HAVE BEEN INFORMED OF _ POSSIBILITY OF SUCH DAMAGES.
THIS LIMITATION OF LIABILITY SHALL NOT APPLY _ LIABILITY FOR DEATH OR
PERSONAL INJURY RESULTING FROM SUCH PARTY'S NEGLIGENCE _ THE EXTENT APPLICABLE
LAW PROHIBITS SUCH LIMITATION. SOME JURISDICTIONS DO NOT ALLOW _ EXCLUSION
_ LIMITATION OF INCIDENTAL _ CONSEQUENTIAL DAMAGES, SO THIS EXCLUSION
_ LIMITATION MAY NOT APPLY _ YOU.
10. U.S. GOVERNMENT END USERS.
- The Covered Code _ a ''commercial item,'' as that term _ defined
in 48 C.F.R. 2.101 (Oct. 1995), consisting of ''commercial computer software''
_ ''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.
- This License represents _ complete agreement concerning subject matter
hereof. If any provision of this License _ held _ be unenforceable, such
provision shall be reformed only _ the extent necessary _ make it enforceable.
This License shall be governed by California law provisions (except to
_ extent applicable law, if any, provides otherwise), excluding its
provisions. With respect _ disputes in which at least one party _ a citizen
of, _ an entity chartered _ registered _ do business in _ United States
of America, any litigation relating _ this License shall be subject to
_ jurisdiction of _ Federal Courts of _ Northern District of California,
with venue lying in Santa Clara County, California, with _ losing party
responsible for costs, including without limitation, court costs _ reasonable
attorneys' fees _ expenses. _ application of _ United Nations Convention
_ Contracts for _ International Sale of Goods _ expressly excluded.
Any law _ regulation which provides that _ language of a contract shall
be construed against _ drafter shall not apply _ this License.
12. RESPONSIBILITY FOR CLAIMS.
- As between Initial Developer _ the Contributors, each party _ responsible
for claims _ damages arising, directly _ indirectly, out of its utilization
of rights under this License _ You agree _ work with Initial Developer
_ Contributors _ distribute such responsibility _ an equitable basis.
Nothing herein _ intended _ shall be deemed _ constitute any admission
13. MULTIPLE-LICENSED CODE.
- Initial Developer may designate portions of _ Covered Code as
Multiple-Licensed means that _ Initial Developer permits you _ utilize
portions of _ Covered Code under Your choice of _ MPL _ the alternative
licenses, if any, specified by _ Initial Developer in _ file described
in Exhibit A.
EXHIBIT A -Mozilla Public License.
``The contents of this file are subject _ the Mozilla Public License Version 1.1 (the "License"); you may not use this file except in compliance with _ License. You may obtain a copy of _ License at www.mozilla.org/MPL/
Software distributed under _ License _ distributed _ an "AS IS"
basis, WITHOUT WARRANTY OF
ANY KIND, either express _ implied. See _ License for _ specific language governing rights and
limitations under _ License.
The Original Code _ ______________________________________.
The Initial Developer of _ Original Code _ ________________________.
Portions created by
______________________ are Copyright (C) ______
Alternatively, _ contents of this file may be used under _ terms
of _ _____ license (the [___] License), in which case _ provisions
of [______] License are applicable instead of those above.
If you wish _ allow use of your version of this file only under _ terms
of _ [____] License _ not _ allow others _ use your version of this
file under _ MPL, indicate your decision by deleting _ provisions
above _ replace them with _ notice _ other provisions required
by _ [___] License. If you do not delete _ provisions above,
a recipient may use your version of this file under either _ MPL _ the
[NOTE: _ text of this Exhibit A may differ slightly from _ text
of _ notices in _ Source Code files of _ Original Code. You should
use _ text of this Exhibit A rather than _ text found in _ Original
Code Source Code for Your Modifications.]
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