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Mozilla Public License version 1_1.htm
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Mozilla Public License version 1_1.htm
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<!DOCTYPE HTML PUBLIC "-//W3C//DTD HTML 4.0 Transitional//EN">
<!-- saved from url=(0039)http://www.mozilla.org/MPL/MPL-1.1.html -->
<HTML><HEAD><TITLE>Mozilla Public License version 1.1</TITLE>
<META http-equiv=Content-Type content="text/html; charset=iso-8859-1">
<META content="MSHTML 6.00.2712.300" name=GENERATOR></HEAD>
<BODY text=#000000 vLink=#551a8b aLink=#ff0000 link=#0000ee bgColor=#ffffff>
<CENTER><B><FONT size=+2>MOZILLA PUBLIC LICENSE</FONT></B> <BR><B>Version
1.1</B>
<P>
<HR width="20%">
</CENTER>
<P><B>1. Definitions.</B>
<UL><B>1.0.1. "Commercial Use" </B>means distribution or otherwise making the
Covered Code available to a third party.
<P><B>1.1. ''Contributor''</B> means each entity that creates or contributes
to the creation of Modifications.
<P><B>1.2. ''Contributor Version''</B> means the combination of the Original
Code, prior Modifications used by a Contributor, and the Modifications made by
that particular Contributor.
<P><B>1.3. ''Covered Code''</B> means the Original Code or Modifications or
the combination of the Original Code and Modifications, in each case including
portions thereof<B>.</B>
<P><B>1.4. ''Electronic Distribution Mechanism''</B> means a mechanism
generally accepted in the software development community for the electronic
transfer of data.
<P><B>1.5. ''Executable''</B> means Covered Code in any form other than Source
Code.
<P><B>1.6. ''Initial Developer''</B> means the individual or entity identified
as the Initial Developer in the Source Code notice required by <B>Exhibit
A</B>.
<P><B>1.7. ''Larger Work''</B> means a work which combines Covered Code or
portions thereof with code not governed by the terms of this License.
<P><B>1.8. ''License''</B> means this document.
<P><B>1.8.1. "Licensable"</B> means having the right to grant, to the maximum
extent possible, whether at the time of the initial grant or subsequently
acquired, any and all of the rights conveyed herein.
<P><B>1.9. ''Modifications''</B> 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:
<UL><B>A.</B> Any addition to or deletion from the contents of a file
containing Original Code or previous Modifications.
<P><B>B.</B> Any new file that contains any part of the Original Code or
previous Modifications. <BR> </P></UL><B>1.10. ''Original Code''</B>
means Source Code of computer software code which is described in the Source
Code notice required by <B>Exhibit A</B> as Original Code, and which, at the
time of its release under this License is not already Covered Code governed by
this License.
<P><B>1.10.1. "Patent Claims"</B> means any patent claim(s), now owned or
hereafter acquired, including without limitation, method, process, and
apparatus claims, in any patent Licensable by grantor.
<P><B>1.11. ''Source Code''</B> means the preferred form of the Covered Code
for making modifications to it, including all modules it contains, plus any
associated interface definition files, scripts used to control compilation and
installation of an Executable, or source code differential comparisons against
either the Original Code or another well known, available Covered Code of the
Contributor's choice. The Source Code can be in a compressed or archival form,
provided the appropriate decompression or de-archiving software is widely
available for no charge.
<P><B>1.12. "You'' (or "Your") </B> means an individual or a legal entity
exercising rights under, and complying with all of the terms of, this License
or a future version of this License issued under Section 6.1. For legal
entities, "You'' includes any entity which controls, is controlled by, or is
under common control with You. For purposes of this definition, "control''
means (a) the power, direct or indirect, to cause the direction or management
of such entity, whether by contract or otherwise, or (b) ownership of more
than fifty percent (50%) of the outstanding shares or beneficial ownership of
such entity.</P></UL><B>2. Source Code License.</B>
<UL><B>2.1. The Initial Developer Grant.</B> <BR>The Initial Developer hereby
grants You a world-wide, royalty-free, non-exclusive license, subject to third
party intellectual property claims:
<UL><B>(a)</B> <B> </B>under intellectual property rights (other than
patent or trademark) Licensable by Initial Developer to use, reproduce,
modify, display, perform, sublicense and distribute the Original Code (or
portions thereof) with or without Modifications, and/or as part of a Larger
Work; and
<P><B>(b)</B> under Patents Claims infringed by the making, using or selling
of Original Code, to make, have made, use, practice, sell, and offer for
sale, and/or otherwise dispose of the Original Code (or portions thereof).
<UL>
<UL></UL></UL><B>(c) </B>the licenses granted in this Section 2.1(a) and (b)
are effective on the date Initial Developer first distributes Original Code
under the terms of this License.
<P><B>(d) </B>Notwithstanding Section 2.1(b) above, no patent license is
granted: 1) for code that You delete from the Original Code; 2) separate
from the Original Code; or 3) for infringements caused by: i) the
modification of the Original Code or ii) the combination of the Original
Code with other software or devices. <BR> </P></UL><B>2.2. Contributor
Grant.</B> <BR>Subject to third party intellectual property claims, each
Contributor hereby grants You a world-wide, royalty-free, non-exclusive
license
<UL> <BR><B>(a)</B> <B> </B>under intellectual property rights (other
than patent or trademark) Licensable by Contributor, to use, reproduce,
modify, display, perform, sublicense and distribute the Modifications
created by such Contributor (or portions thereof) either on an unmodified
basis, with other Modifications, as Covered Code and/or as part of a Larger
Work; and
<P><B>(b)</B> under Patent Claims infringed by the making, using, or selling
of Modifications made by that Contributor either alone and/or in<FONT
color=#000000> combination with its Contributor Version (or portions of such
combination), to make, use, sell, offer for sale, have made, and/or
otherwise dispose of: 1) Modifications made by that Contributor (or portions
thereof); and 2) the combination of Modifications made by that
Contributor with its Contributor Version (or portions of such
combination).</FONT>
<P><B>(c) </B>the licenses granted in Sections 2.2(a) and 2.2(b) are
effective on the date Contributor first makes Commercial Use of the Covered
Code.
<P><B>(d) </B> Notwithstanding Section 2.2(b) above, no
patent license is granted: 1) for any code that Contributor has deleted from
the Contributor Version; 2) separate from the Contributor
Version; 3) for infringements caused by: i) third party
modifications of Contributor Version or ii) the combination of
Modifications made by that Contributor with other software (except as
part of the Contributor Version) or other devices; or 4) under Patent Claims
infringed by Covered Code in the absence of Modifications made by that
Contributor.</P></UL></UL>
<P><BR><B>3. Distribution Obligations.</B>
<UL><B>3.1. Application of License.</B> <BR>The Modifications which You create
or to which You contribute are governed by the terms of this License,
including without limitation Section <B>2.2</B>. 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 <B>6.1</B>, 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 <B>3.5</B>.
<P><B>3.2. Availability of Source Code.</B> <BR>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.
<P><B>3.3. Description of Modifications.</B> <BR>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.
<P><B>3.4. Intellectual Property Matters</B>
<UL><B>(a) Third Party Claims</B>. <BR>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.
<P><B>(b) Contributor APIs</B>. <BR>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.
<BR> </P></UL>
<B>(c) Representations.</B>
<UL>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.</UL>
<P><BR><B>3.5. Required Notices.</B> <BR>You must duplicate the notice in
<B>Exhibit A</B> 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 <B>Exhibit A</B>. 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.
<P><B>3.6. Distribution of Executable Versions.</B> <BR>You may distribute
Covered Code in Executable form only if the requirements of Section
<B>3.1-3.5</B> 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 <B>3.2</B>. 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.
<P><B>3.7. Larger Works.</B> <BR>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.</P></UL><B>4. Inability to Comply Due to Statute or Regulation.</B>
<UL>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 <B>3.4</B> 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.</UL><B>5. Application of this License.</B>
<UL>This License applies to code to which the Initial Developer has attached
the notice in <B>Exhibit A</B> and to related Covered Code.</UL><B>6. Versions
of the License.</B>
<UL><B>6.1. New Versions</B>. <BR>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.
<P><B>6.2. Effect of New Versions</B>. <BR>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.
<P><B>6.3. Derivative Works</B>. <BR>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 <B>Exhibit A</B> shall not of
themselves be deemed to be modifications of this License.)</P></UL><B>7.
DISCLAIMER OF WARRANTY.</B>
<UL>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.</UL><B>8. TERMINATION.</B>
<UL><B>8.1. </B>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.
<P><B>8.2. </B>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:
<P><B>(a) </B>such Participant's Contributor Version directly or
indirectly infringes any patent, then any and all rights granted by such
Participant to You under Sections 2.1 and/or 2.2 of this License shall, upon
60 days notice from Participant terminate prospectively, unless if within 60
days after receipt of notice You either: (i) agree in writing to pay
Participant a mutually agreeable reasonable royalty for Your past and future
use of Modifications made by such Participant, or (ii) withdraw Your
litigation claim with respect to the Contributor Version against such
Participant. If within 60 days of notice, a reasonable royalty and
payment arrangement are not mutually agreed upon in writing by the parties or
the litigation claim is not withdrawn, the rights granted by Participant to
You under Sections 2.1 and/or 2.2 automatically terminate at the expiration of
the 60 day notice period specified above.
<P><B>(b)</B> any software, hardware, or device, other than such
Participant's Contributor Version, directly or indirectly infringes any
patent, then any rights granted to You by such Participant under Sections
2.1(b) and 2.2(b) are revoked effective as of the date You first made, used,
sold, distributed, or had made, Modifications made by that Participant.
<P><B>8.3. </B>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.
<P><B>8.4.</B> 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.</P></UL><B>9. LIMITATION OF
LIABILITY.</B>
<UL>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.</UL><B>10. U.S. GOVERNMENT END USERS.</B>
<UL>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.</UL><B>11.
MISCELLANEOUS.</B>
<UL>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.</UL><B>12. RESPONSIBILITY FOR CLAIMS.</B>
<UL>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.</UL><B>13. MULTIPLE-LICENSED CODE.</B>
<UL>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 NPL or the alternative licenses, if any, specified by the
Initial Developer in the file described in Exhibit A.</UL>
<P><BR><B>EXHIBIT A -Mozilla Public License.</B>
<UL>``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
<BR>http://www.mozilla.org/MPL/
<P>Software distributed under the License is distributed on an "AS IS" basis,
WITHOUT WARRANTY OF <BR>ANY KIND, either express or implied. See the License
for the specific language governing rights and <BR>limitations under the
License.
<P>The Original Code is ______________________________________.
<P>The Initial Developer of the Original Code is ________________________.
Portions created by <BR> ______________________ are Copyright (C) ______
_______________________. All Rights <BR>Reserved.
<P>Contributor(s): ______________________________________.
<P>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."
<P>[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.]
<P></P></UL></BODY></HTML>