mpl-1.0.htm

   1 <TITLE>Mozilla Public License version 1.0</TITLE>
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   6   <FONT SIZE="+2"><B>MOZILLA PUBLIC LICENSE</B></FONT><BR>
   7   <B>Version 1.0</B>
   8 </P>
   9
  10 <P><HR WIDTH="20%"><P>
  11
  12 <P><B>1. Definitions.</B>
  13 <UL>
  14
  15     <B>1.1. ``Contributor''</B> means each entity that creates or contributes
  16     to the creation of Modifications.
  17
  18     <P><B>1.2. ``Contributor Version''</B> means the combination of the
  19     Original Code, prior Modifications used by a Contributor, and the
  20     Modifications made by that particular Contributor.
  21
  22     <P><B>1.3. ``Covered Code''</B> means the Original Code or Modifications
  23     or the combination of the Original Code and Modifications, in each case
  24     including portions thereof<B>.</B>
  25
  26     <P><B>1.4. ``Electronic Distribution Mechanism''</B> means a mechanism
  27     generally accepted in the software development community for the
  28     electronic transfer of data.
  29
  30     <P><B>1.5. ``Executable''</B> means Covered Code in any form other than
  31     Source Code.
  32
  33     <P><B>1.6. ``Initial Developer''</B> means the individual or entity
  34     identified as the Initial Developer in the Source Code notice required by
  35     <B>Exhibit A</B>.
  36
  37     <P><B>1.7. ``Larger Work''</B> means a work which combines Covered Code
  38     or portions thereof with code not governed by the terms of this License.
  39
  40     <P><B>1.8. ``License''</B> means this document.
  41
  42     <P><B>1.9. ``Modifications''</B> means any addition to or deletion from
  43     the substance or structure of either the Original Code or any previous
  44     Modifications.  When Covered Code is released as a series of files, a
  45     Modification is:
  46
  47         <UL>
  48
  49         <P><B>A.</B> Any addition to or deletion from the contents of a file
  50         containing Original Code or previous Modifications.
  51
  52         <P><B>B.</B> Any new file that contains any part of the Original
  53         Code or previous Modifications.
  54
  55         </UL>
  56
  57     <P><B>1.10. ``Original Code''</B> means Source Code of computer software
  58     code which is described in the Source Code notice required by <B>Exhibit
  59     A</B> as Original Code, and which, at the time of its release under this
  60     License is not already Covered Code governed by this License.
  61
  62     <P><B>1.11. ``Source Code''</B> means the preferred form of the Covered
  63     Code for making modifications to it, including all modules it contains,
  64     plus any associated interface definition files, scripts used to control
  65     compilation and installation of an Executable, or a list of source code
  66     differential comparisons against either the Original Code or another well
  67     known, available Covered Code of the Contributor's choice. The Source
  68     Code can be in a compressed or archival form, provided the appropriate
  69     decompression or de-archiving software is widely available for no charge.
  70
  71     <P><B>1.12. ``You''</B> means an individual or a legal entity exercising
  72     rights under, and complying with all of the terms of, this License or a
  73     future version of this License issued under Section 6.1. For legal
  74     entities, ``You'' includes any entity which controls, is controlled by,
  75     or is under common control with You. For purposes of this definition,
  76     ``control'' means (a) the power, direct or indirect, to cause the
  77     direction or management of such entity, whether by contract or otherwise,
  78     or (b) ownership of fifty percent (50%) or more of the outstanding shares
  79     or beneficial ownership of such entity.
  80
  81 </UL>
  82 <B>2. Source Code License.</B>
  83 <UL>
  84
  85     <B>2.1. The Initial Developer Grant.</B>
  86
  87     <BR>The Initial Developer hereby grants You a world-wide, royalty-free,
  88     non-exclusive license, subject to third party intellectual property
  89     claims:
  90
  91         <UL>
  92
  93         <P><B>(a)</B> to use, reproduce, modify, display, perform, sublicense
  94         and distribute the Original Code (or portions thereof) with or
  95         without Modifications, or as part of a Larger Work; and
  96
  97         <P><B>(b)</B> under patents now or hereafter owned or controlled by
  98         Initial Developer, to make, have made, use and sell (``Utilize'') the
  99         Original Code (or portions thereof), but solely to the extent that
 100         any such patent is reasonably necessary to enable You to Utilize the
 101         Original Code (or portions thereof) and not to any greater extent
 102         that may be necessary to Utilize further Modifications or
 103         combinations.
 104     </UL>
 105
 106     <P><B>2.2. Contributor Grant.</B>
 107
 108     <BR>Each Contributor hereby grants You a world-wide, royalty-free,
 109     non-exclusive license, subject to third party intellectual property
 110     claims:
 111
 112     <UL>
 113
 114     <P><B>(a)</B> to use, reproduce, modify, display, perform, sublicense and
 115     distribute the Modifications created by such Contributor (or portions
 116     thereof) either on an unmodified basis, with other Modifications, as
 117     Covered Code or as part of a Larger Work; and
 118
 119     <P><B>(b)</B> under patents now or hereafter owned or controlled by
 120     Contributor, to Utilize the Contributor Version (or portions thereof),
 121     but solely to the extent that any such patent is reasonably necessary to
 122     enable You to Utilize the Contributor Version (or portions thereof), and
 123     not to any greater extent that may be necessary to Utilize further
 124     Modifications or combinations.
 125
 126     </UL>
 127
 128 </UL>
 129 <B>3. Distribution Obligations.</B>
 130 <UL>
 131
 132     <B>3.1. Application of License.</B>
 133
 134     <BR>The Modifications which You create or to which You contribute are
 135     governed by the terms of this License, including without limitation
 136     Section <B>2.2</B>.  The Source Code version of Covered Code may be
 137     distributed only under the terms of this License or a future version of
 138     this License released under Section <B>6.1</B>, and You must include a
 139     copy of this License with every copy of the Source Code You
 140     distribute. You may not offer or impose any terms on any Source Code
 141     version that alters or restricts the applicable version of this License
 142     or the recipients' rights hereunder. However, You may include an
 143     additional document offering the additional rights described in Section
 144     <B>3.5</B>.
 145
 146     <P><B>3.2. Availability of Source Code.</B>
 147
 148     <BR>Any Modification which You create or to which You contribute must be
 149     made available in Source Code form under the terms of this License either
 150     on the same media as an Executable version or via an accepted Electronic
 151     Distribution Mechanism to anyone to whom you made an Executable version
 152     available; and if made available via Electronic Distribution Mechanism,
 153     must remain available for at least twelve (12) months after the date it
 154     initially became available, or at least six (6) months after a subsequent
 155     version of that particular Modification has been made available to such
 156     recipients. You are responsible for ensuring that the Source Code version
 157     remains available even if the Electronic Distribution Mechanism is
 158     maintained by a third party.
 159
 160     <P><B>3.3. Description of Modifications.</B>
 161
 162     <BR>You must cause all Covered Code to which you contribute to contain a
 163     file documenting the changes You made to create that Covered Code and the
 164     date of any change. You must include a prominent statement that the
 165     Modification is derived, directly or indirectly, from Original Code
 166     provided by the Initial Developer and including the name of the Initial
 167     Developer in (a) the Source Code, and (b) in any notice in an Executable
 168     version or related documentation in which You describe the origin or
 169     ownership of the Covered Code.
 170
 171     <P><B>3.4. Intellectual Property Matters</B>
 172     <UL>
 173
 174         <P><B>(a) Third Party Claims</B>.
 175
 176         <BR>If You have knowledge that a party claims an intellectual
 177         property right in particular functionality or code (or its
 178         utilization under this License), you must include a text file with
 179         the source code distribution titled ``LEGAL'' which describes the
 180         claim and the party making the claim in sufficient detail that a
 181         recipient will know whom to contact. If you obtain such knowledge
 182         after You make Your Modification available as described in Section
 183         <B>3.2</B>, You shall promptly modify the LEGAL file in all copies
 184         You make available thereafter and shall take other steps (such as
 185         notifying appropriate mailing lists or newsgroups) reasonably
 186         calculated to inform those who received the Covered Code that new
 187         knowledge has been obtained.
 188
 189         <P><B>(b) Contributor APIs</B>.
 190
 191         <BR>If Your Modification is an application programming interface and
 192         You own or control patents which are reasonably necessary to
 193         implement that API, you must also include this information in the
 194         LEGAL file.
 195
 196     </UL>
 197
 198     <P><B>3.5. Required Notices.</B>
 199
 200     <BR>You must duplicate the notice in <B>Exhibit A</B> in each file of the
 201     Source Code, and this License in any documentation for the Source Code,
 202     where You describe recipients' rights relating to Covered Code. If You
 203     created one or more Modification(s), You may add your name as a
 204     Contributor to the notice described in <B>Exhibit A</B>. If it is not
 205     possible to put such notice in a particular Source Code file due to its
 206     structure, then you must include such notice in a location (such as a
 207     relevant directory file) where a user would be likely to look for such a
 208     notice.  You may choose to offer, and to charge a fee for, warranty,
 209     support, indemnity or liability obligations to one or more recipients of
 210     Covered Code. However, You may do so only on Your own behalf, and not on
 211     behalf of the Initial Developer or any Contributor.  You must make it
 212     absolutely clear than any such warranty, support, indemnity or liability
 213     obligation is offered by You alone, and You hereby agree to indemnify the
 214     Initial Developer and every Contributor for any liability incurred by the
 215     Initial Developer or such Contributor as a result of warranty, support,
 216     indemnity or liability terms You offer.
 217
 218     <P><B>3.6. Distribution of Executable Versions.</B>
 219
 220     <BR>You may distribute Covered Code in Executable form only if the
 221     requirements of Section <B>3.1-3.5</B> have been met for that Covered
 222     Code, and if You include a notice stating that the Source Code version of
 223     the Covered Code is available under the terms of this License, including
 224     a description of how and where You have fulfilled the obligations of
 225     Section <B>3.2</B>.  The notice must be conspicuously included in any
 226     notice in an Executable version, related documentation or collateral in
 227     which You describe recipients' rights relating to the Covered Code. You
 228     may distribute the Executable version of Covered Code under a license of
 229     Your choice, which may contain terms different from this License,
 230     provided that You are in compliance with the terms of this License and
 231     that the license for the Executable version does not attempt to limit or
 232     alter the recipient's rights in the Source Code version from the rights
 233     set forth in this License. If You distribute the Executable version under
 234     a different license You must make it absolutely clear that any terms
 235     which differ from this License are offered by You alone, not by the
 236     Initial Developer or any Contributor. You hereby agree to indemnify the
 237     Initial Developer and every Contributor for any liability incurred by the
 238     Initial Developer or such Contributor as a result of any such terms You
 239     offer.
 240
 241     <P><B>3.7. Larger Works.</B>
 242
 243     <BR>You may create a Larger Work by combining Covered Code with other
 244     code not governed by the terms of this License and distribute the Larger
 245     Work as a single product. In such a case, You must make sure the
 246     requirements of this License are fulfilled for the Covered Code.
 247
 248 </UL>
 249 <B>4. Inability to Comply Due to Statute or Regulation.</B>
 250 <UL>
 251
 252     <P>If it is impossible for You to comply with any of the terms of this
 253     License with respect to some or all of the Covered Code due to statute or
 254     regulation then You must: (a) comply with the terms of this License to
 255     the maximum extent possible; and (b) describe the limitations and the
 256     code they affect. Such description must be included in the LEGAL file
 257     described in Section <B>3.4</B> and must be included with all
 258     distributions of the Source Code. Except to the extent prohibited by
 259     statute or regulation, such description must be sufficiently detailed for
 260     a recipient of ordinary skill
 261     to be able to understand it.
 262
 263 </UL>
 264 <B>5. Application of this License.</B>
 265 <UL>
 266
 267     This License applies to code to which the Initial Developer has attached
 268     the notice in <B>Exhibit A</B>, and to related Covered Code.
 269
 270 </UL>
 271 <B>6. Versions of the License.</B>
 272 <UL>
 273
 274     <B>6.1. New Versions</B>.
 275
 276     <BR>Netscape Communications Corporation (``Netscape'') may publish
 277     revised and/or new versions of the License from time to time.  Each
 278     version will be given a distinguishing version number.
 279
 280     <P><B>6.2. Effect of New Versions</B>.
 281
 282     <BR>Once Covered Code has been published under a particular version of
 283     the License, You may always continue to use it under the terms of that
 284     version. You may also choose to use such Covered Code under the terms of
 285     any subsequent version of the License published by Netscape. No one other
 286     than Netscape has the right to modify the terms applicable to Covered
 287     Code created under this License.
 288
 289     <P><B>6.3. Derivative Works</B>.
 290
 291     <BR>If you create or use a modified version of this License (which you
 292     may only do in order to apply it to code which is not already Covered
 293     Code governed by this License), you must (a) rename Your license so that
 294     the phrases ``Mozilla'', ``MOZILLAPL'', ``MOZPL'', ``Netscape'', ``NPL''
 295     or any confusingly similar phrase do not appear anywhere in your license
 296     and (b) otherwise make it clear that your version of the license contains
 297     terms which differ from the Mozilla Public License and Netscape Public
 298     License. (Filling in the name of the Initial Developer, Original Code or
 299     Contributor in the notice described in <B>Exhibit A</B> shall not of
 300     themselves be deemed to be modifications of this License.)
 301
 302 </UL>
 303 <B>7. DISCLAIMER OF WARRANTY.</B>
 304 <UL>
 305
 306     COVERED CODE IS PROVIDED UNDER THIS LICENSE ON AN ``AS IS'' BASIS,
 307     WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING,
 308     WITHOUT LIMITATION, WARRANTIES THAT THE COVERED CODE IS FREE OF DEFECTS,
 309     MERCHANTABLE, FIT FOR A PARTICULAR PURPOSE OR NON-INFRINGING. THE ENTIRE
 310     RISK AS TO THE QUALITY AND PERFORMANCE OF THE COVERED CODE IS WITH
 311     YOU. SHOULD ANY COVERED CODE PROVE DEFECTIVE IN ANY RESPECT, YOU (NOT THE
 312     INITIAL DEVELOPER OR ANY OTHER CONTRIBUTOR) ASSUME THE COST OF ANY
 313     NECESSARY SERVICING, REPAIR OR CORRECTION. THIS DISCLAIMER OF WARRANTY
 314     CONSTITUTES AN ESSENTIAL PART OF THIS LICENSE. NO USE OF ANY COVERED CODE
 315     IS AUTHORIZED HEREUNDER EXCEPT UNDER THIS DISCLAIMER.
 316
 317 </UL>
 318 <B>8. TERMINATION.</B>
 319 <UL>
 320
 321     This License and the rights granted hereunder will terminate
 322     automatically if You fail to comply with terms herein and fail to cure
 323     such breach within 30 days of becoming aware of the breach. All
 324     sublicenses to the Covered Code which are properly granted shall survive
 325     any termination of this License.  Provisions which, by their nature, must
 326     remain in effect beyond the termination of this License shall survive.
 327
 328 </UL>
 329 <B>9. LIMITATION OF LIABILITY.</B>
 330 <UL>
 331
 332     UNDER NO CIRCUMSTANCES AND UNDER NO LEGAL THEORY, WHETHER TORT (INCLUDING
 333     NEGLIGENCE), CONTRACT, OR OTHERWISE, SHALL THE INITIAL DEVELOPER, ANY
 334     OTHER CONTRIBUTOR, OR ANY DISTRIBUTOR OF COVERED CODE, OR ANY SUPPLIER OF
 335     ANY OF SUCH PARTIES, BE LIABLE TO YOU OR ANY OTHER PERSON FOR ANY
 336     INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES OF ANY CHARACTER
 337     INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF GOODWILL, WORK
 338     STOPPAGE, COMPUTER FAILURE OR MALFUNCTION, OR ANY AND ALL OTHER
 339     COMMERCIAL DAMAGES OR LOSSES, EVEN IF SUCH PARTY SHALL HAVE BEEN INFORMED
 340     OF THE POSSIBILITY OF SUCH DAMAGES. THIS LIMITATION OF LIABILITY SHALL
 341     NOT APPLY TO LIABILITY FOR DEATH OR PERSONAL INJURY RESULTING FROM SUCH
 342     PARTY'S NEGLIGENCE TO THE EXTENT APPLICABLE LAW PROHIBITS SUCH
 343     LIMITATION. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION
 344     OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THAT EXCLUSION AND LIMITATION
 345     MAY NOT APPLY TO YOU.
 346
 347 </UL>
 348 <B>10. U.S. GOVERNMENT END USERS.</B>
 349 <UL>
 350
 351     The Covered Code is a ``commercial item,'' as that term is defined in 48
 352     C.F.R. 2.101 (Oct. 1995), consisting of ``commercial computer software''
 353     and ``commercial computer software documentation,'' as such terms are
 354     used in 48 C.F.R. 12.212 (Sept. 1995). Consistent with 48 C.F.R. 12.212
 355     and 48 C.F.R. 227.7202-1 through 227.7202-4 (June 1995), all
 356     U.S. Government End Users acquire Covered Code with only those rights set
 357     forth herein.
 358
 359 </UL>
 360 <B>11. MISCELLANEOUS.</B>
 361 <UL>
 362
 363     This License represents the complete agreement concerning subject matter
 364     hereof. If any provision of this License is held to be unenforceable,
 365     such provision shall be reformed only to the extent necessary to make it
 366     enforceable. This License shall be governed by California law provisions
 367     (except to the extent applicable law, if any, provides otherwise),
 368     excluding its conflict-of-law provisions. With respect to disputes in
 369     which at least one party is a citizen of, or an entity chartered or
 370     registered to do business in, the United States of America: (a) unless
 371     otherwise agreed in writing, all disputes relating to this License
 372     (excepting any dispute relating to intellectual property rights) shall be
 373     subject to final and binding arbitration, with the losing party paying
 374     all costs of arbitration; (b) any arbitration relating to this Agreement
 375     shall be held in Santa Clara County, California, under the auspices of
 376     JAMS/EndDispute; and (c) any litigation relating to this Agreement shall
 377     be subject to the jurisdiction of the Federal Courts of the Northern
 378     District of California, with venue lying in Santa Clara County,
 379     California, with the losing party responsible for costs, including
 380     without limitation, court costs and reasonable attorneys fees and
 381     expenses.  The application of the United Nations Convention on Contracts
 382     for the International Sale of Goods is expressly excluded. Any law or
 383     regulation which provides that the language of a contract shall be
 384     construed against the drafter shall not apply to this License.
 385
 386 </UL>
 387 <B>12. RESPONSIBILITY FOR CLAIMS.</B>
 388 <UL>
 389
 390     Except in cases where another Contributor has failed to comply with
 391     Section <B>3.4</B>, You are responsible for damages arising, directly or
 392     indirectly, out of Your utilization of rights under this License, based
 393     on the number of copies of Covered Code you made available, the revenues
 394     you received from utilizing such rights, and other relevant factors. You
 395     agree to work with affected parties to distribute responsibility on an
 396     equitable basis.
 397
 398 </UL>
 399 <B>EXHIBIT A.</B>
 400 <UL>
 401
 402     ``The contents of this file are subject to the Mozilla Public License
 403     Version 1.0 (the "License"); you may not use this file except in
 404     compliance with the License. You may obtain a copy of the License at
 405     http://www.mozilla.org/MPL/
 406
 407     <P>Software distributed under the License is distributed on an "AS IS"
 408     basis, WITHOUT WARRANTY OF ANY KIND, either express or implied. See the
 409     License for the specific language governing rights and limitations under
 410     the License.
 411
 412     <P>The Original Code is ______________________________________.
 413
 414     <P>The Initial Developer of the Original Code is
 415     ________________________.  Portions created by ______________________ are
 416     Copyright (C) ______ _______________________.  All Rights Reserved.
 417
 418     <P>Contributor(s): ______________________________________.''
 419
 420 </UL>