license.terms

$Header: /cvsroot/naviserver/naviserver/license.terms,v 1.1.1.1 2005/02/16 08:38:48 vasiljevic Exp $


MOZILLA PUBLIC LICENSE
Version 1.1

1. Definitions. 

1.0.1. "Commercial Use" means distribution or otherwise making the
Covered Code available to a third party.

1.1. "Contributor" means each entity that creates or contributes to
the creation of Modifications.

1.2. "Contributor Version" means the combination of the Original
Code, prior Modifications used by a Contributor, and the Modifications
made by that particular Contributor.

1.3. "Covered Code" means the Original Code or Modifications or the
combination of the Original Code and Modifications, in each case
including portions thereof.

1.4. "Electronic Distribution Mechanism" means a mechanism generally
accepted in the software development community for the electronic
transfer of data.

1.5. "Executable" means Covered Code in any form other than Source Code. 

1.6. "Initial Developer" means the individual or entity identified
as the Initial Developer in the Source Code notice required by Exhibit
A.

1.7. "Larger Work" means a work which combines Covered Code or
portions thereof with code not governed by the terms of this License.

1.8. "License" means this document. 

1.8.1. "Licensable" 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.

1.9. "Modifications" 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:

A.  Any addition to or deletion from the contents of a file containing
Original Code or previous Modifications.

B.  Any new file that contains any part of the Original Code or
previous Modifications. 
 
1.10. "Original Code" means Source Code of computer software code
which is described in the Source Code notice required by Exhibit A as
Original Code, and which, at the time of its release under this
License is not already Covered Code governed by this License.

1.10.1. "Patent Claims" means any patent claim(s), now owned or
hereafter acquired, including without limitation, method, process, and
apparatus claims, in any patent Licensable by grantor.

1.11. "Source Code" 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.

1.12. "You" (or "Your") 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.

2. Source Code License. 

2.1. The Initial Developer Grant.
The Initial Developer hereby grants You a world-wide, royalty-free,
non-exclusive license, subject to third party intellectual property
claims:

(a) 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

(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).

(c) 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.

(d) 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.
 
2.2. Contributor Grant.
Subject to third party intellectual property claims, each Contributor
hereby grants You a world- wide, royalty-free, non-exclusive license
  
(a) 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 

(b) under Patent Claims infringed by the making, using, or selling of
Modifications made by that Contributor either alone and/or in
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).

(c) 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.

(d) 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.

3. Distribution Obligations. 

3.1. Application of 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.

3.2. Availability of Source Code.
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.

3.3. Description of Modifications.
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.

3.4. Intellectual Property Matters 

(a) Third Party Claims.
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.

(b) Contributor APIs.
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.
 
(c) Representations.
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.

3.5. Required Notices.
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.

3.6. Distribution of Executable Versions. 
You may distribute Covered Code in Executable form only if the
requirements of Section 3.1-3.5 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.

3.7. Larger Works. 
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.

4. Inability to Comply Due to Statute or Regulation. 

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.

5. Application of this License. 

This License applies to code to which the Initial Developer has
attached the notice in Exhibit A and to related Covered Code.

6. Versions of the License. 

6.1. New Versions. 
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.

6.2. Effect of New Versions. 
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.

6.3. Derivative Works. 
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.)

7. DISCLAIMER OF WARRANTY. 

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. TERMINATION. 

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 declaratory 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:

(a) 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.

(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.

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.

9. LIMITATION OF LIABILITY. 

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.

10. U.S. GOVERNMENT END USERS. 

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.

11. MISCELLANEOUS. 

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.

12. RESPONSIBILITY FOR CLAIMS. 

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.

13. MULTIPLE-LICENSED CODE. 

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 APL or the alternative licenses, if any, specified
by the Initial Developer in the file described in Exhibit A.



AMENDMENTS

The AOLserver Public License Version 1.1 ("APL") consists of the
Mozilla Public License Version 1.1 with the following Amendments,
including "Exhibit A - AOLserver Public License".  Files identified
with "Exhibit A - AOLserver Public License" are governed by the
AOLserver Public License Version 1.1.

Additional Terms applicable to the AOLserver Public License. 

I. Effect. 
These additional terms described in this AOLserver Public License --
Amendments shall apply to the AOLserver Code and to all Covered Code
under this License.

II. "AOL's Branded Code" means Covered Code that AOL distributes
and/or permits others to distribute under one or more trademark(s)
which are controlled by AOL but which are not licensed for use under
this License.

III. AOL Trademarks.  This License does not grant any rights to use
the trademarks "AOL", "America Online", "AOLserver" or the "AOL
Triangle" logo even if such marks are included in the Original Code
or Modifications.

IV. Inability to Comply Due to Contractual Obligation.  Prior to
licensing the Original Code under this License, AOL has licensed third
party code for use in AOL's Branded Code. To the extent that AOL is
limited contractually from making such third party code available
under this License, AOL may choose to reintegrate such code into
Covered Code without being required to distribute such code in Source
Code form, even if such code would otherwise be considered
"Modifications" under this License.

V. [Intentionally Omitted]
 
VI. Litigation. 
Notwithstanding the limitations of Section 11 above, the provisions
regarding litigation in Section 11(a), (b) and (c) of the License
shall apply to all disputes relating to this License.


EXHIBIT A - AOLserver Public License.
  
"The contents of this file are subject to the AOLserver 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://aolserver.com/.

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 AOLserver Code and related documentation
distributed by AOL.

The Initial Developer of the Original Code is America Online,
Inc. Portions created by AOL are Copyright (C) 1999 America Online,
Inc. All Rights Reserved.

Contributor(s): ______________________________________.

Alternatively, the contents of this file may be used under the terms
of the GNU General Public License (the "GPL"), in which case the
provisions of GPL are applicable instead of those above.  If you wish
to allow use of your version of this file only under the terms of the
GPL and not to allow others to use your version of this file under the
License, indicate your decision by deleting the provisions above and
replace them with the notice and other provisions required by the GPL.
If you do not delete the provisions above, a recipient may use your
version of this file under either the License or the GPL.