Mozilla Public License 1.1 (MPL 1.1)
1. Definitions.
- 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, ... each case
including portions thereof.
1.4. ''Electronic Distribution Mechanism'' means a mechanism
generally accepted ... the software development community for ... electronic
transfer of data.
1.5. ''Executable'' means Covered Code ... any form other than
Source Code.
1.6. ''Initial Developer'' means ... individual ... entity identified
as ... Initial Developer ... the 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.
1.8.1. "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
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 or
previous Modifications.
1.10. ''Original Code'' means Source Code of computer software code
which ... described ... the 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, ... 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 ... 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
Work; ...
(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 ... 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 ...
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 ... 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
Version;
3) for infringements caused by: i) third party modifications of
Contributor
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 ... 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
... Section 3.5.
3.2. Availability of Source Code.
Any Modification which You create ... to which You contribute must be
made available ... 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
... (a) ... Source Code, ... (b) ... any notice ... an Executable version
... related documentation ... 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
intellectual
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 ... sufficient detail that a recipient ... know
whom ... contact. If Contributor obtains such knowledge after ... Modification
... made available as described ... Section 3.2, Contributor shall promptly
modify ... LEGAL file ... 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.
(c)
Representations.
- 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 ... Exhibit A ... each file of the
Source Code. If it ... not possible ... put such notice ... a particular
Source Code file due ... its structure, then You must include such notice
... 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 ... Exhibit
A. You must also duplicate this License ... 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 ... only
... Your own behalf, ... not ... 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 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 ... 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 ... any notice ... an Executable
version, related documentation ... collateral ... 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 ... compliance with ... terms of this License ... that ... license for
... Executable version does not attempt ... limit ... alter ... recipient's
rights ... the Source Code version from ... rights set forth ... 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. ... 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 ... the LEGAL
file described ... 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 ... 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 ... order ... apply it ... code which ... not already Covered Code
governed by this License), You must (a) rename Your license ... that the
phrases ''Mozilla'', ''MOZILLAPL'', ''MOZPL'', ''Netscape'', "MPL", ''NPL''
... any confusingly similar phrase do not appear ... 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 ... the
notice described ... 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 ... 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
DISCLAIMER.
8. TERMINATION.
- 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 ... effect beyond ... 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
... 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 ... 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 ... 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
Participant
under Sections 2.1 ... 2.2 shall be taken into account ... determining the
amount ... value of any payment ... license.
8.4. ... the 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, ... THIS EXCLUSION
... LIMITATION MAY NOT APPLY ... YOU.
10. U.S. GOVERNMENT END USERS.
- The Covered Code ... a ''commercial item,'' as that term ... defined
... 48 C.F.R. 2.101 (Oct. 1995), consisting of ''commercial computer software''
... ''commercial computer software documentation,'' as such terms are used
... 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 ... 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
conflict-of-law
provisions. With respect ... disputes ... which at least one party ... a citizen
of, ... an entity chartered ... registered ... do business ... the 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 ... 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
of liability.
13. MULTIPLE-LICENSED CODE.
- Initial Developer may designate portions of ... Covered Code as
Multiple-Licensed.
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 ... the file described
... 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 ... 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) ______
_______________________.
All Rights
Reserved.
Contributor(s): ______________________________________.
Alternatively, ... contents of this file may be used under ... terms
of ... _____ license (the [___] License), ... 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
[___] License."
[NOTE: ... text of this Exhibit A may differ slightly from ... text
of ... notices ... the Source Code files of ... Original Code. You should
use ... text of this Exhibit A rather than ... text found ... the Original
Code Source Code for Your Modifications.]
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