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1MOZILLA PUBLIC LICENSE
2Version 1.1
3
4---------------
5
61. Definitions.
7
81.0.1. "Commercial Use" means distribution or otherwise making the
9Covered Code available to a third party.
10
111.1. "Contributor" means each entity that creates or contributes to
12the creation of Modifications.
13
141.2. "Contributor Version" means the combination of the Original
15Code, prior Modifications used by a Contributor, and the Modifications
16made by that particular Contributor.
17
181.3. "Covered Code" means the Original Code or Modifications or the
19combination of the Original Code and Modifications, in each case
20including portions thereof.
21
221.4. "Electronic Distribution Mechanism" means a mechanism generally
23accepted in the software development community for the electronic
24transfer of data.
25
261.5. "Executable" means Covered Code in any form other than Source
27Code.
28
291.6. "Initial Developer" means the individual or entity identified
30as the Initial Developer in the Source Code notice required by Exhibit
31A.
32
331.7. "Larger Work" means a work which combines Covered Code or
34portions thereof with code not governed by the terms of this License.
35
361.8. "License" means this document.
37
381.8.1. "Licensable" means having the right to grant, to the maximum
39extent possible, whether at the time of the initial grant or
40subsequently acquired, any and all of the rights conveyed herein.
41
421.9. "Modifications" means any addition to or deletion from the
43substance or structure of either the Original Code or any previous
44Modifications. When Covered Code is released as a series of files, a
45Modification is:
46A. Any addition to or deletion from the contents of a file
47containing Original Code or previous Modifications.
48
49B. Any new file that contains any part of the Original Code or
50previous Modifications.
51
521.10. "Original Code" means Source Code of computer software code
53which is described in the Source Code notice required by Exhibit A as
54Original Code, and which, at the time of its release under this
55License is not already Covered Code governed by this License.
56
571.10.1. "Patent Claims" means any patent claim(s), now owned or
58hereafter acquired, including without limitation, method, process,
59and apparatus claims, in any patent Licensable by grantor.
60
611.11. "Source Code" means the preferred form of the Covered Code for
62making modifications to it, including all modules it contains, plus
63any associated interface definition files, scripts used to control
64compilation and installation of an Executable, or source code
65differential comparisons against either the Original Code or another
66well known, available Covered Code of the Contributor's choice. The
67Source Code can be in a compressed or archival form, provided the
68appropriate decompression or de-archiving software is widely available
69for no charge.
70
711.12. "You" (or "Your") means an individual or a legal entity
72exercising rights under, and complying with all of the terms of, this
73License or a future version of this License issued under Section 6.1.
74For legal entities, "You" includes any entity which controls, is
75controlled by, or is under common control with You. For purposes of
76this definition, "control" means (a) the power, direct or indirect,
77to cause the direction or management of such entity, whether by
78contract or otherwise, or (b) ownership of more than fifty percent
79(50%) of the outstanding shares or beneficial ownership of such
80entity.
81
822. Source Code License.
83
842.1. The Initial Developer Grant.
85The Initial Developer hereby grants You a world-wide, royalty-free,
86non-exclusive license, subject to third party intellectual property
87claims:
88(a) under intellectual property rights (other than patent or
89trademark) Licensable by Initial Developer to use, reproduce,
90modify, display, perform, sublicense and distribute the Original
91Code (or portions thereof) with or without Modifications, and/or
92as part of a Larger Work; and
93
94(b) under Patents Claims infringed by the making, using or
95selling of Original Code, to make, have made, use, practice,
96sell, and offer for sale, and/or otherwise dispose of the
97Original Code (or portions thereof).
98
99(c) the licenses granted in this Section 2.1(a) and (b) are
100effective on the date Initial Developer first distributes
101Original Code under the terms of this License.
102
103(d) Notwithstanding Section 2.1(b) above, no patent license is
104granted: 1) for code that You delete from the Original Code; 2)
105separate from the Original Code; or 3) for infringements caused
106by: i) the modification of the Original Code or ii) the
107combination of the Original Code with other software or devices.
108
1092.2. Contributor Grant.
110Subject to third party intellectual property claims, each Contributor
111hereby grants You a world-wide, royalty-free, non-exclusive license
112
113(a) under intellectual property rights (other than patent or
114trademark) Licensable by Contributor, to use, reproduce, modify,
115display, perform, sublicense and distribute the Modifications
116created by such Contributor (or portions thereof) either on an
117unmodified basis, with other Modifications, as Covered Code
118and/or as part of a Larger Work; and
119
120(b) under Patent Claims infringed by the making, using, or
121selling of Modifications made by that Contributor either alone
122and/or in combination with its Contributor Version (or portions
123of such combination), to make, use, sell, offer for sale, have
124made, and/or otherwise dispose of: 1) Modifications made by that
125Contributor (or portions thereof); and 2) the combination of
126Modifications made by that Contributor with its Contributor
127Version (or portions of such combination).
128
129(c) the licenses granted in Sections 2.2(a) and 2.2(b) are
130effective on the date Contributor first makes Commercial Use of
131the Covered Code.
132
133(d) Notwithstanding Section 2.2(b) above, no patent license is
134granted: 1) for any code that Contributor has deleted from the
135Contributor Version; 2) separate from the Contributor Version;
1363) for infringements caused by: i) third party modifications of
137Contributor Version or ii) the combination of Modifications made
138by that Contributor with other software (except as part of the
139Contributor Version) or other devices; or 4) under Patent Claims
140infringed by Covered Code in the absence of Modifications made by
141that Contributor.
142
1433. Distribution Obligations.
144
1453.1. Application of License.
146The Modifications which You create or to which You contribute are
147governed by the terms of this License, including without limitation
148Section 2.2. The Source Code version of Covered Code may be
149distributed only under the terms of this License or a future version
150of this License released under Section 6.1, and You must include a
151copy of this License with every copy of the Source Code You
152distribute. You may not offer or impose any terms on any Source Code
153version that alters or restricts the applicable version of this
154License or the recipients' rights hereunder. However, You may include
155an additional document offering the additional rights described in
156Section 3.5.
157
1583.2. Availability of Source Code.
159Any Modification which You create or to which You contribute must be
160made available in Source Code form under the terms of this License
161either on the same media as an Executable version or via an accepted
162Electronic Distribution Mechanism to anyone to whom you made an
163Executable version available; and if made available via Electronic
164Distribution Mechanism, must remain available for at least twelve (12)
165months after the date it initially became available, or at least six
166(6) months after a subsequent version of that particular Modification
167has been made available to such recipients. You are responsible for
168ensuring that the Source Code version remains available even if the
169Electronic Distribution Mechanism is maintained by a third party.
170
1713.3. Description of Modifications.
172You must cause all Covered Code to which You contribute to contain a
173file documenting the changes You made to create that Covered Code and
174the date of any change. You must include a prominent statement that
175the Modification is derived, directly or indirectly, from Original
176Code provided by the Initial Developer and including the name of the
177Initial Developer in (a) the Source Code, and (b) in any notice in an
178Executable version or related documentation in which You describe the
179origin or ownership of the Covered Code.
180
1813.4. Intellectual Property Matters
182(a) Third Party Claims.
183If Contributor has knowledge that a license under a third party's
184intellectual property rights is required to exercise the rights
185granted by such Contributor under Sections 2.1 or 2.2,
186Contributor must include a text file with the Source Code
187distribution titled "LEGAL" which describes the claim and the
188party making the claim in sufficient detail that a recipient will
189know whom to contact. If Contributor obtains such knowledge after
190the Modification is made available as described in Section 3.2,
191Contributor shall promptly modify the LEGAL file in all copies
192Contributor makes available thereafter and shall take other steps
193(such as notifying appropriate mailing lists or newsgroups)
194reasonably calculated to inform those who received the Covered
195Code that new knowledge has been obtained.
196
197(b) Contributor APIs.
198If Contributor's Modifications include an application programming
199interface and Contributor has knowledge of patent licenses which
200are reasonably necessary to implement that API, Contributor must
201also include this information in the LEGAL file.
202
203(c) Representations.
204Contributor represents that, except as disclosed pursuant to
205Section 3.4(a) above, Contributor believes that Contributor's
206Modifications are Contributor's original creation(s) and/or
207Contributor has sufficient rights to grant the rights conveyed by
208this License.
209
2103.5. Required Notices.
211You must duplicate the notice in Exhibit A in each file of the Source
212Code. If it is not possible to put such notice in a particular Source
213Code file due to its structure, then You must include such notice in a
214location (such as a relevant directory) where a user would be likely
215to look for such a notice. If You created one or more Modification(s)
216You may add your name as a Contributor to the notice described in
217Exhibit A. You must also duplicate this License in any documentation
218for the Source Code where You describe recipients' rights or ownership
219rights relating to Covered Code. You may choose to offer, and to
220charge a fee for, warranty, support, indemnity or liability
221obligations to one or more recipients of Covered Code. However, You
222may do so only on Your own behalf, and not on behalf of the Initial
223Developer or any Contributor. You must make it absolutely clear than
224any such warranty, support, indemnity or liability obligation is
225offered by You alone, and You hereby agree to indemnify the Initial
226Developer and every Contributor for any liability incurred by the
227Initial Developer or such Contributor as a result of warranty,
228support, indemnity or liability terms You offer.
229
2303.6. Distribution of Executable Versions.
231You may distribute Covered Code in Executable form only if the
232requirements of Section 3.1-3.5 have been met for that Covered Code,
233and if You include a notice stating that the Source Code version of
234the Covered Code is available under the terms of this License,
235including a description of how and where You have fulfilled the
236obligations of Section 3.2. The notice must be conspicuously included
237in any notice in an Executable version, related documentation or
238collateral in which You describe recipients' rights relating to the
239Covered Code. You may distribute the Executable version of Covered
240Code or ownership rights under a license of Your choice, which may
241contain terms different from this License, provided that You are in
242compliance with the terms of this License and that the license for the
243Executable version does not attempt to limit or alter the recipient's
244rights in the Source Code version from the rights set forth in this
245License. If You distribute the Executable version under a different
246license You must make it absolutely clear that any terms which differ
247from this License are offered by You alone, not by the Initial
248Developer or any Contributor. You hereby agree to indemnify the
249Initial Developer and every Contributor for any liability incurred by
250the Initial Developer or such Contributor as a result of any such
251terms You offer.
252
2533.7. Larger Works.
254You may create a Larger Work by combining Covered Code with other code
255not governed by the terms of this License and distribute the Larger
256Work as a single product. In such a case, You must make sure the
257requirements of this License are fulfilled for the Covered Code.
258
2594. Inability to Comply Due to Statute or Regulation.
260
261If it is impossible for You to comply with any of the terms of this
262License with respect to some or all of the Covered Code due to
263statute, judicial order, or regulation then You must: (a) comply with
264the terms of this License to the maximum extent possible; and (b)
265describe the limitations and the code they affect. Such description
266must be included in the LEGAL file described in Section 3.4 and must
267be included with all distributions of the Source Code. Except to the
268extent prohibited by statute or regulation, such description must be
269sufficiently detailed for a recipient of ordinary skill to be able to
270understand it.
271
2725. Application of this License.
273
274This License applies to code to which the Initial Developer has
275attached the notice in Exhibit A and to related Covered Code.
276
2776. Versions of the License.
278
2796.1. New Versions.
280Netscape Communications Corporation ("Netscape") may publish revised
281and/or new versions of the License from time to time. Each version
282will be given a distinguishing version number.
283
2846.2. Effect of New Versions.
285Once Covered Code has been published under a particular version of the
286License, You may always continue to use it under the terms of that
287version. You may also choose to use such Covered Code under the terms
288of any subsequent version of the License published by Netscape. No one
289other than Netscape has the right to modify the terms applicable to
290Covered Code created under this License.
291
2926.3. Derivative Works.
293If You create or use a modified version of this License (which you may
294only do in order to apply it to code which is not already Covered Code
295governed by this License), You must (a) rename Your license so that
296the phrases "Mozilla", "MOZILLAPL", "MOZPL", "Netscape",
297"MPL", "NPL" or any confusingly similar phrase do not appear in your
298license (except to note that your license differs from this License)
299and (b) otherwise make it clear that Your version of the license
300contains terms which differ from the Mozilla Public License and
301Netscape Public License. (Filling in the name of the Initial
302Developer, Original Code or Contributor in the notice described in
303Exhibit A shall not of themselves be deemed to be modifications of
304this License.)
305
3067. DISCLAIMER OF WARRANTY.
307
308COVERED CODE IS PROVIDED UNDER THIS LICENSE ON AN "AS IS" BASIS,
309WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING,
310WITHOUT LIMITATION, WARRANTIES THAT THE COVERED CODE IS FREE OF
311DEFECTS, MERCHANTABLE, FIT FOR A PARTICULAR PURPOSE OR NON-INFRINGING.
312THE ENTIRE RISK AS TO THE QUALITY AND PERFORMANCE OF THE COVERED CODE
313IS WITH YOU. SHOULD ANY COVERED CODE PROVE DEFECTIVE IN ANY RESPECT,
314YOU (NOT THE INITIAL DEVELOPER OR ANY OTHER CONTRIBUTOR) ASSUME THE
315COST OF ANY NECESSARY SERVICING, REPAIR OR CORRECTION. THIS DISCLAIMER
316OF WARRANTY CONSTITUTES AN ESSENTIAL PART OF THIS LICENSE. NO USE OF
317ANY COVERED CODE IS AUTHORIZED HEREUNDER EXCEPT UNDER THIS DISCLAIMER.
318
3198. TERMINATION.
320
3218.1. This License and the rights granted hereunder will terminate
322automatically if You fail to comply with terms herein and fail to cure
323such breach within 30 days of becoming aware of the breach. All
324sublicenses to the Covered Code which are properly granted shall
325survive any termination of this License. Provisions which, by their
326nature, must remain in effect beyond the termination of this License
327shall survive.
328
3298.2. If You initiate litigation by asserting a patent infringement
330claim (excluding declatory judgment actions) against Initial Developer
331or a Contributor (the Initial Developer or Contributor against whom
332You file such action is referred to as "Participant") alleging that:
333
334(a) such Participant's Contributor Version directly or indirectly
335infringes any patent, then any and all rights granted by such
336Participant to You under Sections 2.1 and/or 2.2 of this License
337shall, upon 60 days notice from Participant terminate prospectively,
338unless if within 60 days after receipt of notice You either: (i)
339agree in writing to pay Participant a mutually agreeable reasonable
340royalty for Your past and future use of Modifications made by such
341Participant, or (ii) withdraw Your litigation claim with respect to
342the Contributor Version against such Participant. If within 60 days
343of notice, a reasonable royalty and payment arrangement are not
344mutually agreed upon in writing by the parties or the litigation claim
345is not withdrawn, the rights granted by Participant to You under
346Sections 2.1 and/or 2.2 automatically terminate at the expiration of
347the 60 day notice period specified above.
348
349(b) any software, hardware, or device, other than such Participant's
350Contributor Version, directly or indirectly infringes any patent, then
351any rights granted to You by such Participant under Sections 2.1(b)
352and 2.2(b) are revoked effective as of the date You first made, used,
353sold, distributed, or had made, Modifications made by that
354Participant.
355
3568.3. If You assert a patent infringement claim against Participant
357alleging that such Participant's Contributor Version directly or
358indirectly infringes any patent where such claim is resolved (such as
359by license or settlement) prior to the initiation of patent
360infringement litigation, then the reasonable value of the licenses
361granted by such Participant under Sections 2.1 or 2.2 shall be taken
362into account in determining the amount or value of any payment or
363license.
364
3658.4. In the event of termination under Sections 8.1 or 8.2 above,
366all end user license agreements (excluding distributors and resellers)
367which have been validly granted by You or any distributor hereunder
368prior to termination shall survive termination.
369
3709. LIMITATION OF LIABILITY.
371
372UNDER NO CIRCUMSTANCES AND UNDER NO LEGAL THEORY, WHETHER TORT
373(INCLUDING NEGLIGENCE), CONTRACT, OR OTHERWISE, SHALL YOU, THE INITIAL
374DEVELOPER, ANY OTHER CONTRIBUTOR, OR ANY DISTRIBUTOR OF COVERED CODE,
375OR ANY SUPPLIER OF ANY OF SUCH PARTIES, BE LIABLE TO ANY PERSON FOR
376ANY INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES OF ANY
377CHARACTER INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF GOODWILL,
378WORK STOPPAGE, COMPUTER FAILURE OR MALFUNCTION, OR ANY AND ALL OTHER
379COMMERCIAL DAMAGES OR LOSSES, EVEN IF SUCH PARTY SHALL HAVE BEEN
380INFORMED OF THE POSSIBILITY OF SUCH DAMAGES. THIS LIMITATION OF
381LIABILITY SHALL NOT APPLY TO LIABILITY FOR DEATH OR PERSONAL INJURY
382RESULTING FROM SUCH PARTY'S NEGLIGENCE TO THE EXTENT APPLICABLE LAW
383PROHIBITS SUCH LIMITATION. SOME JURISDICTIONS DO NOT ALLOW THE
384EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO
385THIS EXCLUSION AND LIMITATION MAY NOT APPLY TO YOU.
386
38710. U.S. GOVERNMENT END USERS.
388
389The Covered Code is a "commercial item," as that term is defined in
39048 C.F.R. 2.101 (Oct. 1995), consisting of "commercial computer
391software" and "commercial computer software documentation," as such
392terms are used in 48 C.F.R. 12.212 (Sept. 1995). Consistent with 48
393C.F.R. 12.212 and 48 C.F.R. 227.7202-1 through 227.7202-4 (June 1995),
394all U.S. Government End Users acquire Covered Code with only those
395rights set forth herein.
396
39711. MISCELLANEOUS.
398
399This License represents the complete agreement concerning subject
400matter hereof. If any provision of this License is held to be
401unenforceable, such provision shall be reformed only to the extent
402necessary to make it enforceable. This License shall be governed by
403California law provisions (except to the extent applicable law, if
404any, provides otherwise), excluding its conflict-of-law provisions.
405With respect to disputes in which at least one party is a citizen of,
406or an entity chartered or registered to do business in the United
407States of America, any litigation relating to this License shall be
408subject to the jurisdiction of the Federal Courts of the Northern
409District of California, with venue lying in Santa Clara County,
410California, with the losing party responsible for costs, including
411without limitation, court costs and reasonable attorneys' fees and
412expenses. The application of the United Nations Convention on
413Contracts for the International Sale of Goods is expressly excluded.
414Any law or regulation which provides that the language of a contract
415shall be construed against the drafter shall not apply to this
416License.
417
41812. RESPONSIBILITY FOR CLAIMS.
419
420As between Initial Developer and the Contributors, each party is
421responsible for claims and damages arising, directly or indirectly,
422out of its utilization of rights under this License and You agree to
423work with Initial Developer and Contributors to distribute such
424responsibility on an equitable basis. Nothing herein is intended or
425shall be deemed to constitute any admission of liability.
426
42713. MULTIPLE-LICENSED CODE.
428
429Initial Developer may designate portions of the Covered Code as
430"Multiple-Licensed". "Multiple-Licensed" means that the Initial
431Developer permits you to utilize portions of the Covered Code under
432Your choice of the NPL or the alternative licenses, if any, specified
433by the Initial Developer in the file described in Exhibit A.
434
435EXHIBIT A -Mozilla Public License.
436
437``The contents of this file are subject to the Mozilla Public License
438Version 1.1 (the "License"); you may not use this file except in
439compliance with the License. You may obtain a copy of the License at
440http://www.mozilla.org/MPL/
441
442Software distributed under the License is distributed on an "AS IS"
443basis, WITHOUT WARRANTY OF ANY KIND, either express or implied. See the
444License for the specific language governing rights and limitations
445under the License.
446
447The Original Code is ______________________________________.
448
449The Initial Developer of the Original Code is ________________________.
450Portions created by ______________________ are Copyright (C) ______
451_______________________. All Rights Reserved.
452
453Contributor(s): ______________________________________.
454
455Alternatively, the contents of this file may be used under the terms
456of the _____ license (the "[___] License"), in which case the
457provisions of [______] License are applicable instead of those
458above. If you wish to allow use of your version of this file only
459under the terms of the [____] License and not to allow others to use
460your version of this file under the MPL, indicate your decision by
461deleting the provisions above and replace them with the notice and
462other provisions required by the [___] License. If you do not delete
463the provisions above, a recipient may use your version of this file
464under either the MPL or the [___] License."
465
466[NOTE: The text of this Exhibit A may differ slightly from the text of
467the notices in the Source Code files of the Original Code. You should
468use the text of this Exhibit A rather than the text found in the
469Original Code Source Code for Your Modifications.]
470
471