gecko-dev/xpinstall/wizard/mac/macbuild/License
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MOZILLA PUBLIC LICENSE
Version 1.0
1. Definitions.
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.
1.9. ``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 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.
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 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.
1.12. ``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 6.1. 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 of fifty percent (50%) or more 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) 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
(b) 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.
2.2. Contributor Grant.
Each Contributor hereby grants You a world-wide, royalty-free, non-exclusive
license, subject to third party intellectual property claims:
(a) 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
(b) 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.
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 License or a future version of this License released under Section 6.1,
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.
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 the Source 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 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 3.2, 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.
(b) 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.
3.5. 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.
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, 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 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.
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 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'', ``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.)
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.
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.
9. 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.
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:
(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.
12. 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.
EXHIBIT A.
``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.
The Original Code is ______________________________________.
The Initial Developer of the Original Code is ________________________.
Portions created by ______________________ are Copyright (C) ______
_______________________. All Rights Reserved.
Contributor(s): ______________________________________.''