8 1.0.1. "Commercial Use" means distribution or otherwise making the
9 Covered Code available to a third party.
11 1.1. ''Contributor'' means each entity that creates or contributes to
12 the creation of Modifications.
14 1.2. ''Contributor Version'' means the combination of the Original
15 Code, prior Modifications used by a Contributor, and the Modifications
16 made by that particular Contributor.
18 1.3. ''Covered Code'' means the Original Code or Modifications or the
19 combination of the Original Code and Modifications, in each case
20 including portions thereof.
22 1.4. ''Electronic Distribution Mechanism'' means a mechanism generally
23 accepted in the software development community for the electronic
26 1.5. ''Executable'' means Covered Code in any form other than Source
29 1.6. ''Initial Developer'' means the individual or entity identified as
30 the Initial Developer in the Source Code notice required by Exhibit A.
32 1.7. ''Larger Work'' means a work which combines Covered Code or
33 portions thereof with code not governed by the terms of this License.
35 1.8. ''License'' means this document.
37 1.8.1. "Licensable" means having the right to grant, to the maximum
38 extent possible, whether at the time of the initial grant or
39 subsequently acquired, any and all of the rights conveyed herein.
41 1.9. ''Modifications'' means any addition to or deletion from the
42 substance or structure of either the Original Code or any previous
43 Modifications. When Covered Code is released as a series of files, a
46 A. Any addition to or deletion from the contents of a file
47 containing Original Code or previous Modifications.
49 B. Any new file that contains any part of the Original Code or
50 previous Modifications.
52 1.10. ''Original Code'' means Source Code of computer software code
53 which is described in the Source Code notice required by Exhibit A as
54 Original Code, and which, at the time of its release under this License
55 is not already Covered Code governed by this License.
57 1.10.1. "Patent Claims" means any patent claim(s), now owned or
58 hereafter acquired, including without limitation, method, process, and
59 apparatus claims, in any patent Licensable by grantor.
61 1.11. ''Source Code'' means the preferred form of the Covered Code for
62 making modifications to it, including all modules it contains, plus any
63 associated interface definition files, scripts used to control
64 compilation and installation of an Executable, or source code
65 differential comparisons against either the Original Code or another
66 well known, available Covered Code of the Contributor's choice. The
67 Source Code can be in a compressed or archival form, provided the
68 appropriate decompression or de-archiving software is widely available
71 1.12. "You'' (or "Your") means an individual or a legal entity
72 exercising rights under, and complying with all of the terms of, this
73 License or a future version of this License issued under Section 6.1.
74 For legal entities, "You'' includes any entity which controls, is
75 controlled by, or is under common control with You. For purposes of
76 this definition, "control'' means (a) the power, direct or indirect, to
77 cause the direction or management of such entity, whether by contract
78 or otherwise, or (b) ownership of more than fifty percent (50%) of the
79 outstanding shares or beneficial ownership of such entity.
81 2. Source Code License.
83 2.1. The Initial Developer Grant.
84 The Initial Developer hereby grants You a world-wide, royalty-free,
85 non-exclusive license, subject to third party intellectual property
88 (a) under intellectual property rights (other than patent or
89 trademark) Licensable by Initial Developer to use, reproduce,
90 modify, display, perform, sublicense and distribute the Original
91 Code (or portions thereof) with or without Modifications, and/or
92 as part of a Larger Work; and
94 (b) under Patents Claims infringed by the making, using or selling
95 of Original Code, to make, have made, use, practice, sell, and
96 offer for sale, and/or otherwise dispose of the Original Code (or
99 (c) the licenses granted in this Section 2.1(a) and (b) are
100 effective on the date Initial Developer first distributes Original
101 Code under the terms of this License.
103 (d) Notwithstanding Section 2.1(b) above, no patent license is
104 granted: 1) for code that You delete from the Original Code; 2)
105 separate from the Original Code; or 3) for infringements caused
106 by: i) the modification of the Original Code or ii) the
107 combination of the Original Code with other software or devices.
109 2.2. Contributor Grant.
110 Subject to third party intellectual property claims, each Contributor
111 hereby grants You a world-wide, royalty-free, non-exclusive license
113 (a) under intellectual property rights (other than patent or
114 trademark) Licensable by Contributor, to use, reproduce, modify,
115 display, perform, sublicense and distribute the Modifications
116 created by such Contributor (or portions thereof) either on an
117 unmodified basis, with other Modifications, as Covered Code and/or
118 as part of a Larger Work; and
120 (b) under Patent Claims infringed by the making, using, or selling
121 of Modifications made by that Contributor either alone and/or in
122 combination with its Contributor Version (or portions of such
123 combination), to make, use, sell, offer for sale, have made,
124 and/or otherwise dispose of: 1) Modifications made by that
125 Contributor (or portions thereof); and 2) the combination of
126 Modifications made by that Contributor with its Contributor
127 Version (or portions of such combination).
129 (c) the licenses granted in Sections 2.2(a) and 2.2(b) are
130 effective on the date Contributor first makes Commercial Use of
133 (d) Notwithstanding Section 2.2(b) above, no patent license is
134 granted: 1) for any code that Contributor has deleted from the
135 Contributor Version; 2) separate from the Contributor Version;
136 3) for infringements caused by: i) third party modifications of
137 Contributor Version or ii) the combination of Modifications made
138 by that Contributor with other software (except as part of the
139 Contributor Version) or other devices; or 4) under Patent Claims
140 infringed by Covered Code in the absence of Modifications made by
143 3. Distribution Obligations.
145 3.1. Application of License.
146 The Modifications which You create or to which You contribute are
147 governed by the terms of this License, including without limitation
148 Section 2.2. The Source Code version of Covered Code may be distributed
149 only under the terms of this License or a future version of this
150 License released under Section 6.1, and You must include a copy of this
151 License with every copy of the Source Code You distribute. You may not
152 offer or impose any terms on any Source Code version that alters or
153 restricts the applicable version of this License or the recipients'
154 rights hereunder. However, You may include an additional document
155 offering the additional rights described in Section 3.5.
157 3.2. Availability of Source Code.
158 Any Modification which You create or to which You contribute must be
159 made available in Source Code form under the terms of this License
160 either on the same media as an Executable version or via an accepted
161 Electronic Distribution Mechanism to anyone to whom you made an
162 Executable version available; and if made available via Electronic
163 Distribution Mechanism, must remain available for at least twelve (12)
164 months after the date it initially became available, or at least six
165 (6) months after a subsequent version of that particular Modification
166 has been made available to such recipients. You are responsible for
167 ensuring that the Source Code version remains available even if the
168 Electronic Distribution Mechanism is maintained by a third party.
170 3.3. Description of Modifications.
171 You must cause all Covered Code to which You contribute to contain a
172 file documenting the changes You made to create that Covered Code and
173 the date of any change. You must include a prominent statement that the
174 Modification is derived, directly or indirectly, from Original Code
175 provided by the Initial Developer and including the name of the Initial
176 Developer in (a) the Source Code, and (b) in any notice in an
177 Executable version or related documentation in which You describe the
178 origin or ownership of the Covered Code.
180 3.4. Intellectual Property Matters
182 (a) Third Party Claims.
183 If Contributor has knowledge that a license under a third party's
184 intellectual property rights is required to exercise the rights
185 granted by such Contributor under Sections 2.1 or 2.2, Contributor
186 must include a text file with the Source Code distribution titled
187 "LEGAL'' which describes the claim and the party making the claim
188 in sufficient detail that a recipient will know whom to contact.
189 If Contributor obtains such knowledge after the Modification is
190 made available as described in Section 3.2, Contributor shall
191 promptly modify the LEGAL file in all copies Contributor makes
192 available thereafter and shall take other steps (such as notifying
193 appropriate mailing lists or newsgroups) reasonably calculated to
194 inform those who received the Covered Code that new knowledge has
197 (b) Contributor APIs.
198 If Contributor's Modifications include an application programming
199 interface and Contributor has knowledge of patent licenses which
200 are reasonably necessary to implement that API, Contributor must
201 also include this information in the LEGAL file.
204 Contributor represents that, except as disclosed pursuant to
205 Section 3.4(a) above, Contributor believes that Contributor's
206 Modifications are Contributor's original creation(s) and/or
207 Contributor has sufficient rights to grant the rights conveyed by
210 3.5. Required Notices.
211 You must duplicate the notice in Exhibit A in each file of the Source
212 Code. If it is not possible to put such notice in a particular Source
213 Code file due to its structure, then You must include such notice in a
214 location (such as a relevant directory) where a user would be likely to
215 look for such a notice. If You created one or more Modification(s) You
216 may add your name as a Contributor to the notice described in Exhibit
217 A. You must also duplicate this License in any documentation for the
218 Source Code where You describe recipients' rights or ownership rights
219 relating to Covered Code. You may choose to offer, and to charge a fee
220 for, warranty, support, indemnity or liability obligations to one or
221 more recipients of Covered Code. However, You may do so only on Your
222 own behalf, and not on behalf of the Initial Developer or any
223 Contributor. You must make it absolutely clear than any such warranty,
224 support, indemnity or liability obligation is offered by You alone, and
225 You hereby agree to indemnify the Initial Developer and every
226 Contributor for any liability incurred by the Initial Developer or such
227 Contributor as a result of warranty, support, indemnity or liability
230 3.6. Distribution of Executable Versions.
231 You may distribute Covered Code in Executable form only if the
232 requirements of Section 3.1-3.5 have been met for that Covered Code,
233 and if You include a notice stating that the Source Code version of the
234 Covered Code is available under the terms of this License, including a
235 description of how and where You have fulfilled the obligations of
236 Section 3.2. The notice must be conspicuously included in any notice in
237 an Executable version, related documentation or collateral in which You
238 describe recipients' rights relating to the Covered Code. You may
239 distribute the Executable version of Covered Code or ownership rights
240 under a license of Your choice, which may contain terms different from
241 this License, provided that You are in compliance with the terms of
242 this License and that the license for the Executable version does not
243 attempt to limit or alter the recipient's rights in the Source Code
244 version from the rights set forth in this License. If You distribute
245 the Executable version under a different license You must make it
246 absolutely clear that any terms which differ from this License are
247 offered by You alone, not by the Initial Developer or any Contributor.
248 You hereby agree to indemnify the Initial Developer and every
249 Contributor for any liability incurred by the Initial Developer or such
250 Contributor as a result of any such terms You offer.
253 You may create a Larger Work by combining Covered Code with other code
254 not governed by the terms of this License and distribute the Larger
255 Work as a single product. In such a case, You must make sure the
256 requirements of this License are fulfilled for the Covered Code.
258 4. Inability to Comply Due to Statute or Regulation.
260 If it is impossible for You to comply with any of the terms of this
261 License with respect to some or all of the Covered Code due to statute,
262 judicial order, or regulation then You must: (a) comply with the terms
263 of this License to the maximum extent possible; and (b) describe the
264 limitations and the code they affect. Such description must be included
265 in the LEGAL file described in Section 3.4 and must be included with
266 all distributions of the Source Code. Except to the extent prohibited
267 by statute or regulation, such description must be sufficiently
268 detailed for a recipient of ordinary skill to be able to understand it.
270 5. Application of this License.
272 This License applies to code to which the Initial Developer has
273 attached the notice in Exhibit A and to related Covered Code.
275 6. Versions of the License.
278 Netscape Communications Corporation (''Netscape'') may publish revised
279 and/or new versions of the License from time to time. Each version will
280 be given a distinguishing version number.
282 6.2. Effect of New Versions.
283 Once Covered Code has been published under a particular version of the
284 License, You may always continue to use it under the terms of that
285 version. You may also choose to use such Covered Code under the terms
286 of any subsequent version of the License published by Netscape. No one
287 other than Netscape has the right to modify the terms applicable to
288 Covered Code created under this License.
290 6.3. Derivative Works.
291 If You create or use a modified version of this License (which you may
292 only do in order to apply it to code which is not already Covered Code
293 governed by this License), You must (a) rename Your license so that the
294 phrases ''Mozilla'', ''MOZILLAPL'', ''MOZPL'', ''Netscape'', "MPL",
295 ''NPL'' or any confusingly similar phrase do not appear in your license
296 (except to note that your license differs from this License) and (b)
297 otherwise make it clear that Your version of the license contains terms
298 which differ from the Mozilla Public License and Netscape Public
299 License. (Filling in the name of the Initial Developer, Original Code
300 or Contributor in the notice described in Exhibit A shall not of
301 themselves be deemed to be modifications of this License.)
303 7. DISCLAIMER OF WARRANTY.
305 COVERED CODE IS PROVIDED UNDER THIS LICENSE ON AN "AS IS'' BASIS,
306 WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING,
307 WITHOUT LIMITATION, WARRANTIES THAT THE COVERED CODE IS FREE OF
308 DEFECTS, MERCHANTABLE, FIT FOR A PARTICULAR PURPOSE OR NON-INFRINGING.
309 THE ENTIRE RISK AS TO THE QUALITY AND PERFORMANCE OF THE COVERED CODE
310 IS WITH YOU. SHOULD ANY COVERED CODE PROVE DEFECTIVE IN ANY RESPECT,
311 YOU (NOT THE INITIAL DEVELOPER OR ANY OTHER CONTRIBUTOR) ASSUME THE
312 COST OF ANY NECESSARY SERVICING, REPAIR OR CORRECTION. THIS DISCLAIMER
313 OF WARRANTY CONSTITUTES AN ESSENTIAL PART OF THIS LICENSE. NO USE OF
314 ANY COVERED CODE IS AUTHORIZED HEREUNDER EXCEPT UNDER THIS DISCLAIMER.
318 8.1. This License and the rights granted hereunder will terminate
319 automatically if You fail to comply with terms herein and fail to cure
320 such breach within 30 days of becoming aware of the breach. All
321 sublicenses to the Covered Code which are properly granted shall
322 survive any termination of this License. Provisions which, by their
323 nature, must remain in effect beyond the termination of this License
326 8.2. If You initiate litigation by asserting a patent infringement
327 claim (excluding declatory judgment actions) against Initial Developer
328 or a Contributor (the Initial Developer or Contributor against whom You
329 file such action is referred to as "Participant") alleging that:
331 (a) such Participant's Contributor Version directly or indirectly
332 infringes any patent, then any and all rights granted by such
333 Participant to You under Sections 2.1 and/or 2.2 of this License shall,
334 upon 60 days notice from Participant terminate prospectively, unless if
335 within 60 days after receipt of notice You either: (i) agree in
336 writing to pay Participant a mutually agreeable reasonable royalty for
337 Your past and future use of Modifications made by such Participant, or
338 (ii) withdraw Your litigation claim with respect to the Contributor
339 Version against such Participant. If within 60 days of notice, a
340 reasonable royalty and payment arrangement are not mutually agreed upon
341 in writing by the parties or the litigation claim is not withdrawn, the
342 rights granted by Participant to You under Sections 2.1 and/or 2.2
343 automatically terminate at the expiration of the 60 day notice period
346 (b) any software, hardware, or device, other than such Participant's
347 Contributor Version, directly or indirectly infringes any patent, then
348 any rights granted to You by such Participant under Sections 2.1(b) and
349 2.2(b) are revoked effective as of the date You first made, used, sold,
350 distributed, or had made, Modifications made by that Participant.
352 8.3. If You assert a patent infringement claim against Participant
353 alleging that such Participant's Contributor Version directly or
354 indirectly infringes any patent where such claim is resolved (such as
355 by license or settlement) prior to the initiation of patent
356 infringement litigation, then the reasonable value of the licenses
357 granted by such Participant under Sections 2.1 or 2.2 shall be taken
358 into account in determining the amount or value of any payment or
361 8.4. In the event of termination under Sections 8.1 or 8.2 above, all
362 end user license agreements (excluding distributors and resellers)
363 which have been validly granted by You or any distributor hereunder
364 prior to termination shall survive termination.
366 9. LIMITATION OF LIABILITY.
368 UNDER NO CIRCUMSTANCES AND UNDER NO LEGAL THEORY, WHETHER TORT
369 (INCLUDING NEGLIGENCE), CONTRACT, OR OTHERWISE, SHALL YOU, THE INITIAL
370 DEVELOPER, ANY OTHER CONTRIBUTOR, OR ANY DISTRIBUTOR OF COVERED CODE,
371 OR ANY SUPPLIER OF ANY OF SUCH PARTIES, BE LIABLE TO ANY PERSON FOR ANY
372 INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES OF ANY
373 CHARACTER INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF GOODWILL,
374 WORK STOPPAGE, COMPUTER FAILURE OR MALFUNCTION, OR ANY AND ALL OTHER
375 COMMERCIAL DAMAGES OR LOSSES, EVEN IF SUCH PARTY SHALL HAVE BEEN
376 INFORMED OF THE POSSIBILITY OF SUCH DAMAGES. THIS LIMITATION OF
377 LIABILITY SHALL NOT APPLY TO LIABILITY FOR DEATH OR PERSONAL INJURY
378 RESULTING FROM SUCH PARTY'S NEGLIGENCE TO THE EXTENT APPLICABLE LAW
379 PROHIBITS SUCH LIMITATION. SOME JURISDICTIONS DO NOT ALLOW THE
380 EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THIS
381 EXCLUSION AND LIMITATION MAY NOT APPLY TO YOU.
383 10. U.S. GOVERNMENT END USERS.
385 The Covered Code is a ''commercial item,'' as that term is defined in
386 48 C.F.R. 2.101 (Oct. 1995), consisting of ''commercial computer
387 software'' and ''commercial computer software documentation,'' as such
388 terms are used in 48 C.F.R. 12.212 (Sept. 1995). Consistent with 48
389 C.F.R. 12.212 and 48 C.F.R. 227.7202-1 through 227.7202-4 (June 1995),
390 all U.S. Government End Users acquire Covered Code with only those
391 rights set forth herein.
395 This License represents the complete agreement concerning subject
396 matter hereof. If any provision of this License is held to be
397 unenforceable, such provision shall be reformed only to the extent
398 necessary to make it enforceable. This License shall be governed by
399 California law provisions (except to the extent applicable law, if any,
400 provides otherwise), excluding its conflict-of-law provisions. With
401 respect to disputes in which at least one party is a citizen of, or an
402 entity chartered or registered to do business in the United States of
403 America, any litigation relating to this License shall be subject to
404 the jurisdiction of the Federal Courts of the Northern District of
405 California, with venue lying in Santa Clara County, California, with
406 the losing party responsible for costs, including without limitation,
407 court costs and reasonable attorneys' fees and expenses. The
408 application of the United Nations Convention on Contracts for the
409 International Sale of Goods is expressly excluded. Any law or
410 regulation which provides that the language of a contract shall be
411 construed against the drafter shall not apply to this License.
413 12. RESPONSIBILITY FOR CLAIMS.
415 As between Initial Developer and the Contributors, each party is
416 responsible for claims and damages arising, directly or indirectly, out
417 of its utilization of rights under this License and You agree to work
418 with Initial Developer and Contributors to distribute such
419 responsibility on an equitable basis. Nothing herein is intended or
420 shall be deemed to constitute any admission of liability.
422 13. MULTIPLE-LICENSED CODE.
424 Initial Developer may designate portions of the Covered Code as
425 "Multiple-Licensed". "Multiple-Licensed" means that the Initial
426 Developer permits you to utilize portions of the Covered Code under
427 Your choice of the NPL or the alternative licenses, if any, specified
428 by the Initial Developer in the file described in Exhibit A.
430 EXHIBIT A -Mozilla Public License.
432 ``The contents of this file are subject to the Mozilla Public License
433 Version 1.1 (the "License"); you may not use this file except in
434 compliance with the License. You may obtain a copy of the License at
435 http://www.mozilla.org/MPL/
437 Software distributed under the License is distributed on an "AS IS"
438 basis, WITHOUT WARRANTY OF
439 ANY KIND, either express or implied. See the License for the specific
440 language governing rights and
441 limitations under the License.
443 The Original Code is ______________________________________.
445 The Initial Developer of the Original Code is ________________________.
446 Portions created by ______________________ are Copyright (C) ______
447 _______________________. All Rights Reserved.
449 Contributor(s): ______________________________________.
451 Alternatively, the contents of this file may be used under the terms of
452 the _____ license (the "[___] License"), in which case the provisions
453 of [______] License are applicable instead of those above. If you
454 wish to allow use of your version of this file only under the terms of
455 the [____] License and not to allow others to use your version of this
456 file under the MPL, indicate your decision by deleting the provisions
457 above and replace them with the notice and other provisions required
458 by the [___] License. If you do not delete the provisions above, a
459 recipient may use your version of this file under either the MPL or the
462 [NOTE: The text of this Exhibit A may differ slightly from the text of
463 the notices in the Source Code files of the Original Code. You should
464 use the text of this Exhibit A rather than the text found in the
465 Original Code Source Code for Your Modifications.]
467 -----------------------------------------------------------------------
471 The Netscape Public License Version 1.1 ("NPL") consists of the Mozilla
472 Public License Version 1.1 with the following Amendments, including
473 Exhibit A-Netscape Public License. Files identified with "Exhibit
474 A-Netscape Public License" are governed by the Netscape Public License
477 Additional Terms applicable to the Netscape Public License.
479 These additional terms described in this Netscape Public
480 License -- Amendments shall apply to the Mozilla Communicator
481 client code and to all Covered Code under this License.
483 II. ''Netscape's Branded Code'' means Covered Code that Netscape
484 distributes and/or permits others to distribute under one or more
485 trademark(s) which are controlled by Netscape but which are not
486 licensed for use under this License.
488 III. Netscape and logo.
489 This License does not grant any rights to use the trademarks
490 "Netscape'', the "Netscape N and horizon'' logo or the "Netscape
491 lighthouse" logo, "Netcenter", "Gecko", "Java" or "JavaScript",
492 "Smart Browsing" even if such marks are included in the Original
493 Code or Modifications.
495 IV. Inability to Comply Due to Contractual Obligation.
496 Prior to licensing the Original Code under this License, Netscape
497 has licensed third party code for use in Netscape's Branded Code.
498 To the extent that Netscape is limited contractually from making
499 such third party code available under this License, Netscape may
500 choose to reintegrate such code into Covered Code without being
501 required to distribute such code in Source Code form, even if such
502 code would otherwise be considered ''Modifications'' under this
505 V. Use of Modifications and Covered Code by Initial Developer.
507 The obligations of Section 3 apply to Netscape, except to the
508 extent specified in this Amendment, Section V.2 and V.3.
511 Netscape may include Covered Code in products other than the
512 Netscape's Branded Code which are released by Netscape during
513 the two (2) years following the release date of the Original
514 Code, without such additional products becoming subject to
515 the terms of this License, and may license such additional
516 products on different terms from those contained in this
519 V.3. Alternative Licensing.
520 Netscape may license the Source Code of Netscape's Branded
521 Code, including Modifications incorporated therein, without
522 such Netscape Branded Code becoming subject to the terms of
523 this License, and may license such Netscape Branded Code on
524 different terms from those contained in this License.
527 Notwithstanding the limitations of Section 11 above, the
528 provisions regarding litigation in Section 11(a), (b) and (c) of
529 the License shall apply to all disputes relating to this License.
531 EXHIBIT A-Netscape Public License.
533 ''The contents of this file are subject to the Netscape Public
534 License Version 1.1 (the "License"); you may not use this file
535 except in compliance with the License. You may obtain a copy of
536 the License at http://www.mozilla.org/NPL/
538 Software distributed under the License is distributed on an "AS
539 IS" basis, WITHOUT WARRANTY OF ANY KIND, either express or
540 implied. See the License for the specific language governing
541 rights and limitations under the License.
543 The Original Code is Mozilla Communicator client code, released
546 The Initial Developer of the Original Code is Netscape
547 Communications Corporation. Portions created by Netscape are
548 Copyright (C) 1998-1999 Netscape Communications Corporation. All
551 Contributor(s): ______________________________________.
553 Alternatively, the contents of this file may be used under the
554 terms of the _____ license (the "[___] License"), in which case
555 the provisions of [______] License are applicable instead of
556 those above. If you wish to allow use of your version of this
557 file only under the terms of the [____] License and not to allow
558 others to use your version of this file under the NPL, indicate
559 your decision by deleting the provisions above and replace them
560 with the notice and other provisions required by the [___]
561 License. If you do not delete the provisions above, a recipient
562 may use your version of this file under either the NPL or the