- Definitions.
- ``Contributor'' means each entity that creates or contributes
to the creation of Modifications.
- ``Contributor Version'' means the combination of the Original
Code, prior Modifications used by a Contributor, and the
Modifications made by that particular Contributor.
- ``Covered Code'' means the Original Code or Modifications or
the combination of the Original Code and Modifications, in
each case including portions thereof.
- ``Electronic Distribution Mechanism'' means a mechanism
generally accepted in the software development community for
the electronic transfer of data.
- ``Executable'' means Covered Code in any form other than
Source Code.
- ``Initial Developer'' means the individual or entity
identified as the Initial Developer in the Source Code notice
required by Exhibit A.
- ``Larger Work'' means a work which combines Covered Code or
portions thereof with code not governed by the terms of this
License.
- ``License'' means this document.
- ``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:
- 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.
- ``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.
- ``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 a list of 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.
- ``You'' 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(a). 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 fifty percent (50%) or more of the
outstanding shares or beneficial ownership of such entity.
- Source Code License.
- 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:
- to use, reproduce, modify, display, perform, sublicense
and distribute the Original Code (or portions thereof) with or
without Modifications, or as part of a Larger Work; and
- under patents now or hereafter owned or controlled by
Initial Developer, to make, have made, use and sell
(``Utilize'') the Original Code (or portions thereof), but
solely to the extent that any such patent is reasonably
necessary to enable You to Utilize the Original Code (or
portions thereof) and not to any greater extent that may be
necessary to Utilize further Modifications or combinations.
- Contributor Grant. Each Contributor hereby grants You a
world-wide, royalty-free, non-exclusive license, subject to
third party intellectual property claims:
- 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 or as part of a Larger Work; and
- under patents now or hereafter owned or controlled by
Contributor, to Utilize the Contributor Version (or portions
thereof), but solely to the extent that any such patent is
reasonably necessary to enable You to Utilize the Contributor
Version (or portions thereof), and not to any greater extent that
may be necessary to Utilize further Modifications or
combinations.
- Distribution Obligations.
- 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(a), 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.
- 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.
- 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.
- Intellectual Property Matters
- Third Party Claims.
If You have knowledge that a party claims an intellectual
property right in particular functionality or code (or its
utilization under this License), you 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 you obtain
such knowledge after You make Your Modification available as
described in Section 3(b), You shall promptly modify the LEGAL
file in all copies You make 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.
- Contributor APIs.
If Your Modification is an application programming interface and
You own or control patents which are reasonably necessary to
implement that API, you must also include this information in the
LEGAL file.
- Required Notices.
You must duplicate the notice in Exhibit A
in each file of the Source Code, and this License in any
documentation for the Source Code, where You describe
recipients' rights relating to Covered Code. If You created
one or more Modification(s), You may add your name as a
Contributor to the notice described in Exhibit A. 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 file) where a user
would be likely to look for such a notice. 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.
- Distribution of Executable Versions.
You may distribute
Covered Code in Executable form only if the requirements of
Section 3(a)-3(e) 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(b). 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 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.
- 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.
- 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 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.
- 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.
- Versions of the License.
- 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.
- 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.
- 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'', ``NPL''
or any confusingly similar phrase do not appear anywhere in
your 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.)
- 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.
- TERMINATION.
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.
- LIMITATION OF LIABILITY.
UNDER NO CIRCUMSTANCES AND UNDER NO LEGAL THEORY, WHETHER TORT
(INCLUDING NEGLIGENCE), CONTRACT, OR OTHERWISE, SHALL THE
INITIAL DEVELOPER, ANY OTHER CONTRIBUTOR, OR ANY DISTRIBUTOR
OF COVERED CODE, OR ANY SUPPLIER OF ANY OF SUCH PARTIES, BE
LIABLE TO YOU OR ANY OTHER 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 THAT EXCLUSION AND
LIMITATION MAY NOT APPLY TO YOU.
- 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.
- 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: (a) unless otherwise agreed in writing, all
disputes relating to this License (excepting any dispute
relating to intellectual property rights) shall be subject to
final and binding arbitration, with the losing party paying
all costs of arbitration; (b) any arbitration relating to this
Agreement shall be held in Santa Clara County, California,
under the auspices of JAMS/EndDispute; and (c) any litigation
relating to this Agreement 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.
- RESPONSIBILITY FOR CLAIMS.
Except in cases where another Contributor has failed to comply
with Section 3.4, You are responsible for damages arising,
directly or indirectly, out of Your utilization of rights
under this License, based on the number of copies of Covered
Code you made available, the revenues you received from
utilizing such rights, and other relevant factors. You agree
to work with affected parties to distribute responsibility on
an equitable basis.
``The contents of this file are subject to the Mozilla Public License
Version 1.0 (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.