1. Definitions.
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"
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:
a) Any addition to or deletion from the contents of a file containing
Original Code or previous Modifications.
b) 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
Codenotice 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 ofmore 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:
a) under intellectual property rights (other than patent or trademark)
Licensable by InitialDeveloper 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
b) 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).
c) 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.
d) 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
a) 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 Contributo
(or portions thereof)either on an unmodified basis, with other Modifications,
as Covered Code and/or as part of a Larger Work; and
b) 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).
c) 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.
d) 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 Licenseor a future version of this License released under Section 6.1,
and You must includea 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 theSource 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 toimplement 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 relevantdirectory) 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, indemnityor 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 thisLicense, 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 whichare 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:
a) 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.
b) 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.
Example 28.1. Mozilla Public License 1.1






