434 lines
23 KiB
Plaintext
434 lines
23 KiB
Plaintext
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Mozilla Public License Version 1.1
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1. Definitions.
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1.0.1. "Commercial Use"
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means distribution or otherwise making the Covered Code available to a third
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party.
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1.1. "Contributor"
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means each entity that creates or contributes to the creation of Modifications.
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1.2. "Contributor Version"
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means the combination of the Original Code, prior Modifications used by a
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Contributor, and the Modifications made by that particular Contributor.
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1.3. "Covered Code"
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means the Original Code or Modifications or the combination of the Original
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Code and Modifications, in each case including portions thereof.
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1.4. "Electronic Distribution Mechanism"
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means a mechanism generally accepted in the software development community for
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the electronic transfer of data.
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1.5. "Executable"
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means Covered Code in any form other than Source Code.
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1.6. "Initial Developer"
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means the individual or entity identified as the Initial Developer in the
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Source Code notice required by Exhibit A.
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1.7. "Larger Work"
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means a work which combines Covered Code or portions thereof with code not
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governed by the terms of this License.
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1.8. "License"
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means this document.
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1.8.1. "Licensable"
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means having the right to grant, to the maximum extent possible, whether at the
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time of the initial grant or subsequently acquired, any and all of the rights
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conveyed herein.
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1.9. "Modifications"
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means any addition to or deletion from the substance or structure of either the
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Original Code or any previous Modifications. When Covered Code is released as a
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series of files, a Modification is:
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Any addition to or deletion from the contents of a file containing Original
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Code or previous Modifications.
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Any new file that contains any part of the Original Code or previous
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Modifications.
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1.10. "Original Code"
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means Source Code of computer software code which is described in the Source
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Code notice required by Exhibit A as Original Code, and which, at the time of
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its release under this License is not already Covered Code governed by this
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License.
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1.10.1. "Patent Claims"
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means any patent claim(s), now owned or hereafter acquired, including without
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limitation, method, process, and apparatus claims, in any patent Licensable by
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grantor.
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1.11. "Source Code"
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means the preferred form of the Covered Code for making modifications to it,
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including all modules it contains, plus any associated interface definition
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files, scripts used to control compilation and installation of an Executable,
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or source code differential comparisons against either the Original Code or
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another well known, available Covered Code of the Contributor's choice. The
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Source Code can be in a compressed or archival form, provided the appropriate
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decompression or de-archiving software is widely available for no charge.
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1.12. "You" (or "Your")
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means an individual or a legal entity exercising rights under, and complying
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with all of the terms of, this License or a future version of this License
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issued under Section 6.1. For legal entities, "You" includes any
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entity which controls, is controlled by, or is under common control with You.
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For purposes of this definition, "control" means (a) the power,
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direct or indirect, to cause the direction or management of such entity,
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whether by contract or otherwise, or (b) ownership of more than fifty percent
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(50%) of the outstanding shares or beneficial ownership of such entity.
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2. Source Code License.
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2.1. The Initial Developer Grant.
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The Initial Developer hereby grants You a world-wide, royalty-free, non-
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exclusive license, subject to third party intellectual property claims:
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under intellectual property rights (other than patent or trademark) Licensable
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by Initial Developer to use, reproduce, modify, display, perform, sublicense
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and distribute the Original Code (or portions thereof) with or without
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Modifications, and/or as part of a Larger Work; and
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under Patents Claims infringed by the making, using or selling of Original
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Code, to make, have made, use, practice, sell, and offer for sale, and/or
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otherwise dispose of the Original Code (or portions thereof).
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the licenses granted in this Section 2.1 (a) and (b) are effective on the date
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Initial Developer first distributes Original Code under the terms of this
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License.
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Notwithstanding Section 2.1 (b) above, no patent license is granted: 1) for
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code that You delete from the Original Code; 2) separate from the Original
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Code; or 3) for infringements caused by: i) the modification of the Original
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Code or ii) the combination of the Original Code with other software or
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devices.
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2.2. Contributor Grant.
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Subject to third party intellectual property claims, each Contributor hereby
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grants You a world-wide, royalty-free, non-exclusive license
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under intellectual property rights (other than patent or trademark) Licensable
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by Contributor, to use, reproduce, modify, display, perform, sublicense and
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distribute the Modifications created by such Contributor (or portions thereof)
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either on an unmodified basis, with other Modifications, as Covered Code and/or
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as part of a Larger Work; and
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under Patent Claims infringed by the making, using, or selling of Modifications
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made by that Contributor either alone and/or in combination with its
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Contributor Version (or portions of such combination), to make, use, sell,
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offer for sale, have made, and/or otherwise dispose of: 1) Modifications made
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by that Contributor (or portions thereof); and 2) the combination of
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Modifications made by that Contributor with its Contributor Version (or
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portions of such combination).
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the licenses granted in Sections 2.2 (a) and 2.2 (b) are effective on the date
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Contributor first makes Commercial Use of the Covered Code.
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Notwithstanding Section 2.2 (b) above, no patent license is granted: 1) for any
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code that Contributor has deleted from the Contributor Version; 2) separate
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from the Contributor Version; 3) for infringements caused by: i) third party
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modifications of Contributor Version or ii) the combination of Modifications
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made by that Contributor with other software (except as part of the Contributor
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Version) or other devices; or 4) under Patent Claims infringed by Covered Code
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in the absence of Modifications made by that Contributor.
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3. Distribution Obligations.
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3.1. Application of License.
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The Modifications which You create or to which You contribute are governed by
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the terms of this License, including without limitation Section 2.2. The Source
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Code version of Covered Code may be distributed only under the terms of this
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License or a future version of this License released under Section 6.1, and You
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must include a copy of this License with every copy of the Source Code You
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distribute. You may not offer or impose any terms on any Source Code version
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that alters or restricts the applicable version of this License or the
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recipients' rights hereunder. However, You may include an additional document
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offering the additional rights described in Section 3.5.
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3.2. Availability of Source Code.
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Any Modification which You create or to which You contribute must be made
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available in Source Code form under the terms of this License either on the
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same media as an Executable version or via an accepted Electronic Distribution
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Mechanism to anyone to whom you made an Executable version available; and if
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made available via Electronic Distribution Mechanism, must remain available for
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at least twelve (12) months after the date it initially became available, or at
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least six (6) months after a subsequent version of that particular Modification
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has been made available to such recipients. You are responsible for ensuring
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that the Source Code version remains available even if the Electronic
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Distribution Mechanism is maintained by a third party.
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3.3. Description of Modifications.
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You must cause all Covered Code to which You contribute to contain a file
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documenting the changes You made to create that Covered Code and the date of
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any change. You must include a prominent statement that the Modification is
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derived, directly or indirectly, from Original Code provided by the Initial
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Developer and including the name of the Initial Developer in (a) the Source
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Code, and (b) in any notice in an Executable version or related documentation
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in which You describe the origin or ownership of the Covered Code.
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3.4. Intellectual Property Matters
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(a) Third Party Claims
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If Contributor has knowledge that a license under a third party's intellectual
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property rights is required to exercise the rights granted by such Contributor
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under Sections 2.1 or 2.2, Contributor must include a text file with the Source
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Code distribution titled "LEGAL" which describes the claim and the
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party making the claim in sufficient detail that a recipient will know whom to
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contact. If Contributor obtains such knowledge after the Modification is made
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available as described in Section 3.2, Contributor shall promptly modify the
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LEGAL file in all copies Contributor makes available thereafter and shall take
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other steps (such as notifying appropriate mailing lists or newsgroups)
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reasonably calculated to inform those who received the Covered Code that new
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knowledge has been obtained.
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(b) Contributor APIs
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If Contributor's Modifications include an application programming interface and
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Contributor has knowledge of patent licenses which are reasonably necessary to
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implement that API, Contributor must also include this information in the LEGAL
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file.
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(c) Representations.
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Contributor represents that, except as disclosed pursuant to Section 3.4 (a)
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above, Contributor believes that Contributor's Modifications are Contributor's
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original creation(s) and/or Contributor has sufficient rights to grant the
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rights conveyed by this License.
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3.5. Required Notices.
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You must duplicate the notice in Exhibit A in each file of the Source Code. If
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it is not possible to put such notice in a particular Source Code file due to
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its structure, then You must include such notice in a location (such as a
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relevant directory) where a user would be likely to look for such a notice. If
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You created one or more Modification(s) You may add your name as a Contributor
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to the notice described in Exhibit A. You must also duplicate this License in
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any documentation for the Source Code where You describe recipients' rights or
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ownership rights relating to Covered Code. You may choose to offer, and to
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charge a fee for, warranty, support, indemnity or liability obligations to one
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or more recipients of Covered Code. However, You may do so only on Your own
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behalf, and not on behalf of the Initial Developer or any Contributor. You must
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make it absolutely clear than any such warranty, support, indemnity or
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liability obligation is offered by You alone, and You hereby agree to indemnify
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the Initial Developer and every Contributor for any liability incurred by the
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Initial Developer or such Contributor as a result of warranty, support,
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indemnity or liability terms You offer.
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3.6. Distribution of Executable Versions.
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You may distribute Covered Code in Executable form only if the requirements of
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Sections 3.1, 3.2, 3.3, 3.4 and 3.5 have been met for that Covered Code, and if
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You include a notice stating that the Source Code version of the Covered Code
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is available under the terms of this License, including a description of how
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and where You have fulfilled the obligations of Section 3.2. The notice must be
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conspicuously included in any notice in an Executable version, related
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documentation or collateral in which You describe recipients' rights relating
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to the Covered Code. You may distribute the Executable version of Covered Code
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or ownership rights under a license of Your choice, which may contain terms
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different from this License, provided that You are in compliance with the terms
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of this License and that the license for the Executable version does not
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attempt to limit or alter the recipient's rights in the Source Code version
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from the rights set forth in this License. If You distribute the Executable
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version under a different license You must make it absolutely clear that any
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terms which differ from this License are offered by You alone, not by the
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Initial Developer or any Contributor. You hereby agree to indemnify the Initial
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Developer and every Contributor for any liability incurred by the Initial
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Developer or such Contributor as a result of any such terms You offer.
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3.7. Larger Works.
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You may create a Larger Work by combining Covered Code with other code not
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governed by the terms of this License and distribute the Larger Work as a
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single product. In such a case, You must make sure the requirements of this
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License are fulfilled for the Covered Code.
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4. Inability to Comply Due to Statute or Regulation.
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If it is impossible for You to comply with any of the terms of this License
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with respect to some or all of the Covered Code due to statute, judicial order,
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or regulation then You must: (a) comply with the terms of this License to the
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maximum extent possible; and (b) describe the limitations and the code they
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affect. Such description must be included in the LEGAL file described in
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Section 3.4 and must be included with all distributions of the Source Code.
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Except to the extent prohibited by statute or regulation, such description must
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be sufficiently detailed for a recipient of ordinary skill to be able to
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understand it.
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5. Application of this License.
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This License applies to code to which the Initial Developer has attached the
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notice in Exhibit A and to related Covered Code.
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6. Versions of the License.
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6.1. New Versions
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Netscape Communications Corporation ("Netscape") may publish revised
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and/or new versions of the License from time to time. Each version will be
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given a distinguishing version number.
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6.2. Effect of New Versions
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Once Covered Code has been published under a particular version of the License,
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You may always continue to use it under the terms of that version. You may also
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choose to use such Covered Code under the terms of any subsequent version of
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the License published by Netscape. No one other than Netscape has the right to
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modify the terms applicable to Covered Code created under this License.
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6.3. Derivative Works
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If You create or use a modified version of this License (which you may only do
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in order to apply it to code which is not already Covered Code governed by this
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License), You must (a) rename Your license so that the phrases
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"Mozilla", "MOZILLAPL", "MOZPL",
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"Netscape", "MPL", "NPL" or any confusingly
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similar phrase do not appear in your license (except to note that your license
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differs from this License) and (b) otherwise make it clear that Your version of
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the license contains terms which differ from the Mozilla Public License and
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Netscape Public License. (Filling in the name of the Initial Developer,
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Original Code or Contributor in the notice described in Exhibit A shall not of
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themselves be deemed to be modifications of this License.)
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7. DISCLAIMER OF WARRANTY
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COVERED CODE IS PROVIDED UNDER THIS LICENSE ON AN "AS IS" BASIS,
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WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING, WITHOUT
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LIMITATION, WARRANTIES THAT THE COVERED CODE IS FREE OF DEFECTS, MERCHANTABLE,
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FIT FOR A PARTICULAR PURPOSE OR NON-INFRINGING. THE ENTIRE RISK AS TO THE
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QUALITY AND PERFORMANCE OF THE COVERED CODE IS WITH YOU. SHOULD ANY COVERED
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CODE PROVE DEFECTIVE IN ANY RESPECT, YOU (NOT THE INITIAL DEVELOPER OR ANY
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OTHER CONTRIBUTOR) ASSUME THE COST OF ANY NECESSARY SERVICING, REPAIR OR
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CORRECTION. THIS DISCLAIMER OF WARRANTY CONSTITUTES AN ESSENTIAL PART OF THIS
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LICENSE. NO USE OF ANY COVERED CODE IS AUTHORIZED HEREUNDER EXCEPT UNDER THIS
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DISCLAIMER.
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8. Termination
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8.1. This License and the rights granted hereunder will terminate automatically
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if You fail to comply with terms herein and fail to cure such breach within 30
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days of becoming aware of the breach. All sublicenses to the Covered Code which
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are properly granted shall survive any termination of this License. Provisions
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which, by their nature, must remain in effect beyond the termination of this
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License shall survive.
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8.2. If You initiate litigation by asserting a patent infringement claim
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(excluding declatory judgment actions) against Initial Developer or a
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Contributor (the Initial Developer or Contributor against whom You file such
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action is referred to as "Participant") alleging that:
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such Participant's Contributor Version directly or indirectly infringes any
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patent, then any and all rights granted by such Participant to You under
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Sections 2.1 and/or 2.2 of this License shall, upon 60 days notice from
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Participant terminate prospectively, unless if within 60 days after receipt of
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notice You either: (i) agree in writing to pay Participant a mutually agreeable
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reasonable royalty for Your past and future use of Modifications made by such
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Participant, or (ii) withdraw Your litigation claim with respect to the
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Contributor Version against such Participant. If within 60 days of notice, a
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reasonable royalty and payment arrangement are not mutually agreed upon in
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writing by the parties or the litigation claim is not withdrawn, the rights
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granted by Participant to You under Sections 2.1 and/or 2.2 automatically
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terminate at the expiration of the 60 day notice period specified above.
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any software, hardware, or device, other than such Participant's Contributor
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Version, directly or indirectly infringes any patent, then any rights granted
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to You by such Participant under Sections 2.1(b) and 2.2(b) are revoked
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effective as of the date You first made, used, sold, distributed, or had made,
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Modifications made by that Participant.
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8.3. If You assert a patent infringement claim against Participant alleging
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that such Participant's Contributor Version directly or indirectly infringes
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any patent where such claim is resolved (such as by license or settlement)
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prior to the initiation of patent infringement litigation, then the reasonable
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value of the licenses granted by such Participant under Sections 2.1 or 2.2
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shall be taken into account in determining the amount or value of any payment
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or license.
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8.4. In the event of termination under Sections 8.1 or 8.2 above, all end user
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license agreements (excluding distributors and resellers) which have been
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validly granted by You or any distributor hereunder prior to termination shall
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survive termination.
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9. LIMITATION OF LIABILITY
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UNDER NO CIRCUMSTANCES AND UNDER NO LEGAL THEORY, WHETHER TORT (INCLUDING
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NEGLIGENCE), CONTRACT, OR OTHERWISE, SHALL YOU, THE INITIAL DEVELOPER, ANY
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OTHER CONTRIBUTOR, OR ANY DISTRIBUTOR OF COVERED CODE, OR ANY SUPPLIER OF ANY
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OF SUCH PARTIES, BE LIABLE TO ANY PERSON FOR ANY INDIRECT, SPECIAL, INCIDENTAL,
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OR CONSEQUENTIAL DAMAGES OF ANY CHARACTER INCLUDING, WITHOUT LIMITATION,
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DAMAGES FOR LOSS OF GOODWILL, WORK STOPPAGE, COMPUTER FAILURE OR MALFUNCTION,
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OR ANY AND ALL OTHER COMMERCIAL DAMAGES OR LOSSES, EVEN IF SUCH PARTY SHALL
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HAVE BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGES. THIS LIMITATION OF
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LIABILITY SHALL NOT APPLY TO LIABILITY FOR DEATH OR PERSONAL INJURY RESULTING
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FROM SUCH PARTY'S NEGLIGENCE TO THE EXTENT APPLICABLE LAW PROHIBITS SUCH
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LIMITATION. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF
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INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THIS EXCLUSION AND LIMITATION MAY NOT
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APPLY TO YOU.
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10. U.S. government end users
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The Covered Code is a "commercial item," as that term is defined in
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48 C.F.R. 2.101 (Oct. 1995), consisting of "commercial computer
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software" and "commercial computer software documentation," as
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such terms are used in 48 C.F.R. 12.212 (Sept. 1995). Consistent with 48 C.F.R.
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12.212 and 48 C.F.R. 227.7202-1 through 227.7202-4 (June 1995), all U.S.
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Government End Users acquire Covered Code with only those rights set forth
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herein.
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11. Miscellaneous
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This License represents the complete agreement concerning subject matter
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hereof. If any provision of this License is held to be unenforceable, such
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provision shall be reformed only to the extent necessary to make it
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enforceable. This License shall be governed by California law provisions
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(except to the extent applicable law, if any, provides otherwise), excluding
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its conflict-of-law provisions. With respect to disputes in which at least one
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party is a citizen of, or an entity chartered or registered to do business in
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the United States of America, any litigation relating to this License shall be
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subject to the jurisdiction of the Federal Courts of the Northern District of
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California, with venue lying in Santa Clara County, California, with the losing
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party responsible for costs, including without limitation, court costs and
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reasonable attorneys' fees and expenses. The application of the United Nations
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Convention on Contracts for the International Sale of Goods is expressly
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excluded. Any law or regulation which provides that the language of a contract
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shall be construed against the drafter shall not apply to this License.
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12. Responsibility for claims
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As between Initial Developer and the Contributors, each party is responsible
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for claims and damages arising, directly or indirectly, out of its utilization
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of rights under this License and You agree to work with Initial Developer and
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Contributors to distribute such responsibility on an equitable basis. Nothing
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herein is intended or shall be deemed to constitute any admission of liability.
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13. Multiple-licensed code
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Initial Developer may designate portions of the Covered Code as "Multiple-
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Licensed". "Multiple-Licensed" means that the Initial Developer
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permits you to utilize portions of the Covered Code under Your choice of the
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MPL or the alternative licenses, if any, specified by the Initial Developer in
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the file described in Exhibit A.
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Exhibit A - Mozilla Public License.
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"The contents of this file are subject to the Mozilla Public License
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Version 1.1 (the "License"); you may not use this file except in
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compliance with the License. You may obtain a copy of the License at
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http://www.mozilla.org/MPL/
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Software distributed under the License is distributed on an "AS IS"
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basis, WITHOUT WARRANTY OF ANY KIND, either express or implied. See the
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License for the specific language governing rights and limitations
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under the License.
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The Original Code is ______________________________________.
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The Initial Developer of the Original Code is ________________________.
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Portions created by ______________________ are Copyright (C) ______
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_______________________. All Rights Reserved.
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Contributor(s): ______________________________________.
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Alternatively, the contents of this file may be used under the terms
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of the _____ license (the "[___] License"), in which case the
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provisions of [______] License are applicable instead of those
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above. If you wish to allow use of your version of this file only
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under the terms of the [____] License and not to allow others to use
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your version of this file under the MPL, indicate your decision by
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deleting the provisions above and replace them with the notice and
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other provisions required by the [___] License. If you do not delete
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the provisions above, a recipient may use your version of this file
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under either the MPL or the [___] License."
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NOTE: The text of this Exhibit A may differ slightly from the text of the
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notices in the Source Code files of the Original Code. You should use the text
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of this Exhibit A rather than the text found in the Original Code Source Code
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for Your Modifications.
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