means any addition to or deletion from the substance or structure of either the
Original Code or any previous Modifications. When Covered Code is released as a
series of files, a Modification is:
The Initial Developer hereby grants You a world-wide, royalty-free, non-exclusive
license, subject to third party intellectual property claims:
Subject to third party intellectual property claims, each Contributor hereby grants You
a world-wide, royalty-free, non-exclusive license
The Modifications which You create or to which You contribute are governed by the terms
of this License, including without limitation Section 2.2. The
Source Code version of Covered Code may be distributed only under the terms of this License
or a future version of this License released under Section 6.1,
and You must include a copy of this License with every copy of the Source Code You
distribute. You may not offer or impose any terms on any Source Code version that alters or
restricts the applicable version of this License or the recipients' rights hereunder.
However, You may include an additional document offering the additional rights described in
Section 3.5.
Any Modification which You create or to which You contribute must be made available in
Source Code form under the terms of this License either on the same media as an Executable
version or via an accepted Electronic Distribution Mechanism to anyone to whom you made an
Executable version available; and if made available via Electronic Distribution Mechanism,
must remain available for at least twelve (12) months after the date it initially became
available, or at least six (6) months after a subsequent version of that particular
Modification has been made available to such recipients. You are responsible for ensuring
that the Source Code version remains available even if the Electronic Distribution
Mechanism is maintained by a third party.
You must cause all Covered Code to which You contribute to contain a file documenting the
changes You made to create that Covered Code and the date of any change. You must include a
prominent statement that the Modification is derived, directly or indirectly, from Original
Code provided by the Initial Developer and including the name of the Initial Developer in
(a) the Source Code, and (b) in any notice in an Executable version or related documentation
in which You describe the origin or ownership of the Covered Code.
If Contributor has knowledge that a license under a third party's intellectual property
rights is required to exercise the rights granted by such Contributor under Sections
2.1 or 2.2, Contributor must include a
text file with the Source Code distribution titled "LEGAL" which describes the claim and the
party making the claim in sufficient detail that a recipient will know whom to contact. If
Contributor obtains such knowledge after the Modification is made available as described in
Section 3.2, Contributor shall promptly modify the LEGAL file in
all copies Contributor makes available thereafter and shall take other steps (such as
notifying appropriate mailing lists or newsgroups) reasonably calculated to inform those who
received the Covered Code that new knowledge has been obtained.
If Contributor's Modifications include an application programming interface and Contributor
has knowledge of patent licenses which are reasonably necessary to implement that
API, Contributor must also include this information in the
legal file.
Contributor represents that, except as disclosed pursuant to Section 3.4
(a) above, Contributor believes that Contributor's Modifications
are Contributor's original creation(s) and/or Contributor has sufficient rights to grant the
rights conveyed by this License.
You must duplicate the notice in Exhibit A in each file of the
Source Code. If it is not possible to put such notice in a particular Source Code file due to
its structure, then You must include such notice in a location (such as a relevant directory)
where a user would be likely to look for such a notice. If You created one or more
Modification(s) You may add your name as a Contributor to the notice described in
Exhibit A. You must also duplicate this License in any documentation
for the Source Code where You describe recipients' rights or ownership rights relating to
Covered Code. You may choose to offer, and to charge a fee for, warranty, support, indemnity
or liability obligations to one or more recipients of Covered Code. However, You may do so
only on Your own behalf, and not on behalf of the Initial Developer or any Contributor. You
must make it absolutely clear than any such warranty, support, indemnity or liability
obligation is offered by You alone, and You hereby agree to indemnify the Initial Developer
and every Contributor for any liability incurred by the Initial Developer or such Contributor
as a result of warranty, support, indemnity or liability terms You offer.
You may distribute Covered Code in Executable form only if the requirements of Sections
3.1, 3.2,
3.3, 3.4 and
3.5 have been met for that Covered Code, and if You include a
notice stating that the Source Code version of the Covered Code is available under the terms
of this License, including a description of how and where You have fulfilled the obligations
of Section 3.2. The notice must be conspicuously included in any
notice in an Executable version, related documentation or collateral in which You describe
recipients' rights relating to the Covered Code. You may distribute the Executable version of
Covered Code or ownership rights under a license of Your choice, which may contain terms
different from this License, provided that You are in compliance with the terms of this
License and that the license for the Executable version does not attempt to limit or alter the
recipient's rights in the Source Code version from the rights set forth in this License. If
You distribute the Executable version under a different license You must make it absolutely
clear that any terms which differ from this License are offered by You alone, not by the
Initial Developer or any Contributor. You hereby agree to indemnify the Initial Developer and
every Contributor for any liability incurred by the Initial Developer or such Contributor as
a result of any such terms You offer.
You may create a Larger Work by combining Covered Code with other code not governed by the
terms of this License and distribute the Larger Work as a single product. In such a case,
You must make sure the requirements of this License are fulfilled for the Covered Code.
If it is impossible for You to comply with any of the terms of this License with respect to
some or all of the Covered Code due to statute, judicial order, or regulation then You must:
(a) comply with the terms of this License to the maximum extent possible; and (b) describe
the limitations and the code they affect. Such description must be included in the
legal file described in Section
3.4 and must be included with all distributions of the Source Code.
Except to the extent prohibited by statute or regulation, such description must be
sufficiently detailed for a recipient of ordinary skill to be able to understand it.
This License applies to code to which the Initial Developer has attached the notice in
Exhibit A and to related Covered Code.
Netscape Communications Corporation ("Netscape") may publish revised and/or new versions
of the License from time to time. Each version will be given a distinguishing version number.
Once Covered Code has been published under a particular version of the License, You may
always continue to use it under the terms of that version. You may also choose to use such
Covered Code under the terms of any subsequent version of the License published by Netscape.
No one other than Netscape has the right to modify the terms applicable to Covered Code
created under this License.
If You create or use a modified version of this License (which you may only do in order to
apply it to code which is not already Covered Code governed by this License), You must (a)
rename Your license so that the phrases "Mozilla", "MOZILLAPL", "MOZPL", "Netscape", "MPL",
"NPL" or any confusingly similar phrase do not appear in your license (except to note that
your license differs from this License) and (b) otherwise make it clear that Your version of
the license contains terms which differ from the Mozilla Public License and Netscape Public
License. (Filling in the name of the Initial Developer, Original Code or Contributor in the
notice described in Exhibit A shall not of themselves be deemed to
be modifications of this License.)
Covered code is provided under this license on an "as is"
basis, without warranty of any kind, either expressed or implied, including, without
limitation, warranties that the covered code is free of defects, merchantable, fit for a
particular purpose or non-infringing. The entire risk as to the quality and performance of
the covered code is with you. Should any covered code prove defective in any respect, you
(not the initial developer or any other contributor) assume the cost of any necessary
servicing, repair or correction. This disclaimer of warranty constitutes an essential part
of this license. No use of any covered code is authorized hereunder except under this
disclaimer.
8.1. This License and the rights granted hereunder will terminate
automatically if You fail to comply with terms herein and fail to cure such breach
within 30 days of becoming aware of the breach. All sublicenses to the Covered Code which
are properly granted shall survive any termination of this License. Provisions which, by
their nature, must remain in effect beyond the termination of this License shall survive.
8.2. If You initiate litigation by asserting a patent infringement
claim (excluding declatory judgment actions) against Initial Developer or a Contributor
(the Initial Developer or Contributor against whom You file such action is referred to
as "Participant") alleging that:
8.3. If You assert a patent infringement claim against Participant
alleging that such Participant's Contributor Version directly or indirectly infringes
any patent where such claim is resolved (such as by license or settlement) prior to the
initiation of patent infringement litigation, then the reasonable value of the licenses
granted by such Participant under Sections 2.1 or
2.2 shall be taken into account in determining the amount or
value of any payment or license.
8.4. In the event of termination under Sections
8.1 or 8.2 above, all end user
license agreements (excluding distributors and resellers) which have been validly
granted by You or any distributor hereunder prior to termination shall survive
termination.
Under no circumstances and under no legal theory, whether
tort (including negligence), contract, or otherwise, shall you, the initial developer,
any other contributor, or any distributor of covered code, or any supplier of any of
such parties, be liable to any person for any indirect, special, incidental, or
consequential damages of any character including, without limitation, damages for loss
of goodwill, work stoppage, computer failure or malfunction, or any and all other
commercial damages or losses, even if such party shall have been informed of the
possibility of such damages. This limitation of liability shall not apply to liability
for death or personal injury resulting from such party's negligence to the extent
applicable law prohibits such limitation. Some jurisdictions do not allow the exclusion
or limitation of incidental or consequential damages, so this exclusion and limitation
may not apply to you.
The Covered Code is a "commercial item," as that term is defined in 48
C.F.R. 2.101 (Oct. 1995), consisting of
"commercial computer software" and "commercial computer software documentation," as such
terms are used in 48 C.F.R. 12.212 (Sept.
1995). Consistent with 48 C.F.R. 12.212 and 48 C.F.R.
227.7202-1 through 227.7202-4 (June 1995), all U.S. Government End Users
acquire Covered Code with only those rights set forth herein.
This License represents the complete agreement concerning subject matter hereof. If
any provision of this License is held to be unenforceable, such provision shall be
reformed only to the extent necessary to make it enforceable. This License shall be
governed by California law provisions (except to the extent applicable law, if any,
provides otherwise), excluding its conflict-of-law provisions. With respect to
disputes in which at least one party is a citizen of, or an entity chartered or
registered to do business in the United States of America, any litigation relating to
this License shall be subject to the jurisdiction of the Federal Courts of the
Northern District of California, with venue lying in Santa Clara County, California,
with the losing party responsible for costs, including without limitation, court
costs and reasonable attorneys' fees and expenses. The application of the United
Nations Convention on Contracts for the International Sale of Goods is expressly
excluded. Any law or regulation which provides that the language of a contract
shall be construed against the drafter shall not apply to this License.
As between Initial Developer and the Contributors, each party is responsible for
claims and damages arising, directly or indirectly, out of its utilization of rights
under this License and You agree to work with Initial Developer and Contributors to
distribute such responsibility on an equitable basis. Nothing herein is intended or
shall be deemed to constitute any admission of liability.
Initial Developer may designate portions of the Covered Code as
"Multiple-Licensed". "Multiple-Licensed" means that the Initial Developer permits
you to utilize portions of the Covered Code under Your choice of the MPL
or the alternative licenses, if any, specified by the Initial Developer in the file
described in Exhibit A.
"The contents of this file are subject to the Mozilla Public License Version 1.1 (the "License"); you may not use this file except in compliance with the License. You may obtain a copy of the License at http://www.mozilla.org/MPL/ Software distributed under the License is distributed on an "AS IS" basis, WITHOUT WARRANTY OF ANY KIND, either express or implied. See the License for the specific language governing rights and limitations under the License. The Original Code is ______________________________________. The Initial Developer of the Original Code is ________________________. Portions created by ______________________ are Copyright (C) ______ _______________________. All Rights Reserved. Contributor(s): ______________________________________. Alternatively, the contents of this file may be used under the terms of the _____ license (the "[___] License"), in which case the provisions of [______] License are applicable instead of those above. If you wish to allow use of your version of this file only under the terms of the [____] License and not to allow others to use your version of this file under the MPL, indicate your decision by deleting the provisions above and replace them with the notice and other provisions required by the [___] License. If you do not delete the provisions above, a recipient may use your version of this file under either the MPL or the [___] License."
NOTE: The text of this Exhibit A may differ slightly from the text of
the notices in the Source Code files of the Original Code. You should
use the text of this Exhibit A rather than the text found in the
Original Code Source Code for Your Modifications.