Mozilla Public License Version 1.0
1. Definitions.
1.1. "Contributor" means each entity that creates _ contributes
_ the creation of Modifications.
1.2. "Contributor Version" means _ combination of the
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 the
electronic transfer of data.
1.5. "Executable" means Covered Code in any form other than
Source Code.
1.6. "Initial Developer" means _ individual _ entity
identified as _ Initial Developer in _ Source Code notice required by
Exhibit A.
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.
1.9. "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
Modification is:
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 _ previous Modifications.
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.
1.11. "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, _ a list of 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 _ archival form, provided _ appropriate
decompression _ de-archiving software _ widely available for no charge.
1.12. "You" 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 the
direction _ management of such entity, whether by contract _ otherwise,
_ (b) ownership of fifty percent (50%) _ more of _ outstanding shares
_ 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) _ use, reproduce, modify, display, perform, sublicense
and distribute _ Original Code (or portions thereof) with or
without Modifications, _ as part of a Larger Work; and
(b) under patents now _ hereafter owned _ controlled by
Initial Developer, _ make, have made, use _ sell ("Utilize") the
Original Code (or portions thereof), but solely _ the extent that
any such patent _ reasonably necessary _ enable You _ Utilize the
Original Code (or portions thereof) _ not _ any greater extent
that may be necessary _ Utilize further Modifications or
combinations.
2.2. Contributor Grant.
Each Contributor hereby grants You a world-wide, royalty-free,
non-exclusive license, subject _ third party intellectual property
claims:
(a) _ use, reproduce, modify, display, perform, sublicense and
distribute _ Modifications created by such Contributor (or portions
thereof) either _ an unmodified basis, with other Modifications, as
Covered Code _ as part of a Larger Work; and
(b) under patents now _ hereafter owned _ controlled by
Contributor, _ Utilize _ Contributor Version (or portions thereof),
but solely _ the extent that any such patent _ reasonably necessary to
enable You _ Utilize _ Contributor Version (or portions thereof), and
not _ any greater extent that may be necessary _ Utilize further
Modifications _ combinations.
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 _ 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 is
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 _ the
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 or
ownership of _ Covered Code.
3.4. Intellectual Property Matters
(a) Third Party Claims.
If You have knowledge that a party claims an intellectual
property right in particular functionality _ code (or its
utilization under this License), you must include a text file with
the source code distribution titled "LEGAL" which describes the
claim _ the party making _ claim in sufficient detail that a
recipient will know whom _ contact. If you obtain such knowledge
after You make Your Modification available as described in Section
3.2, You shall promptly modify _ LEGAL file in all copies
You make 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 Your Modification _ an application programming interface and
You own _ control patents which are reasonably necessary to
implement that API, you must also include this information in the
LEGAL file.
3.5. Required Notices.
You must duplicate _ notice in Exhibit A in each file of the
Source Code, _ this License in any documentation for _ Source Code,
where You describe recipients' rights relating _ Covered Code. If You
created one _ more Modification(s), You may add your name as a
Contributor _ the notice described in Exhibit A. 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 file) where a user would be likely _ look for such a
notice. 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 on
behalf of _ Initial Developer _ any Contributor. You must make it
absolutely clear than any such warranty, support, indemnity _ liability
obligation _ offered by You alone, _ You hereby agree _ indemnify the
Initial Developer _ every Contributor for any liability incurred by the
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 the
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 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 and
that _ license for _ Executable version does not attempt _ limit or
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 the
Initial Developer _ any Contributor. You hereby agree _ indemnify the
Initial Developer _ every Contributor for any liability incurred by the
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 the
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 or
regulation then You must: (a) comply with _ terms of this License to
_ maximum extent possible; _ (b) describe _ limitations _ the
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
_ phrases "Mozilla", "MOZILLAPL", "MOZPL", "Netscape", "NPL"
_ any confusingly similar phrase do not appear anywhere in your 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 or
Contributor in _ 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 LIMITATION, 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 THE
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 DISCLAIMER.
8. TERMINATION.
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.
9. LIMITATION OF LIABILITY.
UNDER NO CIRCUMSTANCES _ UNDER NO LEGAL THEORY, WHETHER TORT (INCLUDING
NEGLIGENCE), CONTRACT, _ OTHERWISE, SHALL _ INITIAL DEVELOPER, ANY
OTHER CONTRIBUTOR, _ ANY DISTRIBUTOR OF COVERED CODE, _ ANY SUPPLIER OF
ANY OF SUCH PARTIES, BE LIABLE _ YOU _ ANY OTHER 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 _ 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 THAT EXCLUSION _ LIMITATION
MAY NOT APPLY _ YOU.
10. U.S. GOVERNMENT END USERS.
_ 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
_ 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 _ 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 _ the extent applicable law, if any, provides otherwise),
excluding its conflict-of-law provisions. With respect _ disputes in
which at least one party _ a citizen of, _ an entity chartered or
registered _ do business in, _ United States of America: (a) unless
otherwise agreed in writing, all disputes relating _ this License
(excepting any dispute relating _ intellectual property rights) shall be
subject _ final _ binding arbitration, with _ losing party paying
all costs of arbitration; (b) any arbitration relating _ this Agreement
shall be held in Santa Clara County, California, under _ auspices of
JAMS/EndDispute; _ (c) any litigation relating _ this Agreement shall
be subject _ the 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 and
expenses. _ application of _ United Nations Convention _ Contracts
for _ International Sale of Goods _ expressly excluded. Any law or
regulation which provides that _ language of a contract shall be
construed against _ drafter shall not apply _ this License.
12. RESPONSIBILITY FOR CLAIMS.
Except in cases where another Contributor has failed _ comply with
Section 3.4, You are responsible for damages arising, directly or
indirectly, out of Your utilization of rights under this License, based
_ the number of copies of Covered Code you made available, _ revenues
you received from utilizing such rights, _ other relevant factors. You
agree _ work with affected parties _ distribute responsibility _ an
equitable basis.
EXHIBIT A.
"The contents of this file are subject _ the Mozilla Public License
Version 1.0 (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 the
License for _ specific language governing rights _ limitations under
_ License.
The Original Code _ ______________________________________.
The Initial Developer of _ Original Code is
________________________. Portions created by ______________________ are
Copyright (C) ______ _______________________. All Rights Reserved.
Contributor(s): ______________________________________."
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