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MOZILLA PUBLIC LICENSE
Version 1.1
---------
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 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.
1.10.1. "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 of more 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 Initial Developer 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 Contributor (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 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
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 to implement 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 relevant directory) 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, 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 or ownership rights 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, 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 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.
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 NPL 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.]
----------------------------------------
AMENDMENTS
The Netscape Public License Version 1.1 ("NPL") consists of the
Mozilla Public License Version 1.1 with the following Amendments,
including Exhibit A-Netscape Public License. Files identified
with "Exhibit A-Netscape Public License" are governed by the
Netscape Public License Version 1.1.
Additional Terms applicable to the Netscape Public License.
I. Effect. These additional terms described in this Netscape
Public License -- Amendments shall apply to the Mozilla
Communicator client code and to all Covered Code under this
License.
II. ''Netscape's Branded Code'' means Covered Code that
Netscape distributes and/or permits others to distribute
under one or more trademark(s) which are controlled by
Netscape but which are not licensed for use under this
License.
III. Netscape and logo. This License does not grant any
rights to use the trademarks "Netscape'', the "Netscape N
and horizon'' logo or the "Netscape lighthouse" logo,
"Netcenter", "Gecko", "Java" or "JavaScript", "Smart
Browsing" even if such marks are included in the Original
Code or Modifications.
IV. Inability to Comply Due to Contractual Obligation.
Prior to licensing the Original Code under this License,
Netscape has licensed third party code for use in Netscape's
Branded Code. To the extent that Netscape is limited
contractually from making such third party code available
under this License, Netscape may choose to reintegrate such
code into Covered Code without being required to distribute
such code in Source Code form, even if such code would
otherwise be considered ''Modifications'' under this
License.
V. Use of Modifications and Covered Code by Initial
Developer. V.1. In General. The obligations of Section 3
apply to Netscape, except to the extent specified in this
Amendment, Section V.2 and V.3.
V.2. Other Products. Netscape may include Covered Code
in products other than the Netscape's Branded Code
which are released by Netscape during the two (2) years
following the release date of the Original Code,
without such additional products becoming subject to
the terms of this License, and may license such
additional products on different terms from those
contained in this License.
V.3. Alternative Licensing. Netscape may license the
Source Code of Netscape's Branded Code, including
Modifications incorporated therein, without such
Netscape Branded Code becoming subject to the terms of
this License, and may license such Netscape Branded
Code on different terms from those contained in this
License.
VI. Litigation. Notwithstanding the limitations of Section
11 above, the provisions regarding litigation in Section
11(a), (b) and (c) of the License shall apply to all
disputes relating to this License.
EXHIBIT A-Netscape Public License.
''The contents of this file are subject to the Netscape
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/NPL/
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 Mozilla Communicator client code,
released March 31, 1998.
The Initial Developer of the Original Code is Netscape
Communications Corporation. Portions created by Netscape
are Copyright (C) 1998-1999 Netscape Communications
Corporation. 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 NPL, 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 NPL or the [___]
License."
Copyright <20> 1998 The Mozilla Organization.
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