338 lines
19 KiB
Plaintext
338 lines
19 KiB
Plaintext
MOZILLA PUBLIC LICENSE
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Version 1.0
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--------------
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1. Definitions.
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1.1. ``Contributor'' means each entity that creates or contributes to
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the creation of Modifications.
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1.2. ``Contributor Version'' means the combination of the Original Code,
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prior Modifications used by a Contributor, and the Modifications made by
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that particular Contributor.
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1.3. ``Covered Code'' means the Original Code or Modifications or the
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combination of the Original Code and Modifications, in each case
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including portions thereof.
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1.4. ``Electronic Distribution Mechanism'' means a mechanism generally
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accepted in the software development community for the electronic
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transfer of data.
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1.5. ``Executable'' means Covered Code in any form other than Source
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Code.
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1.6. ``Initial Developer'' means the individual or entity identified as
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the Initial Developer in the Source Code notice required by Exhibit A.
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1.7. ``Larger Work'' means a work which combines Covered Code or
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portions thereof with code not governed by the terms of this License.
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1.8. ``License'' means this document.
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1.9. ``Modifications'' means any addition to or deletion from the
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substance or structure of either the Original Code or any previous
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Modifications. When Covered Code is released as a series of files, a
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Modification is:
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A. Any addition to or deletion from the contents of a file containing
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Original Code or previous Modifications.
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B. Any new file that contains any part of the Original Code or
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previous Modifications.
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1.10. ``Original Code'' means Source Code of computer software code
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which is described in the Source Code notice required by Exhibit A as
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Original Code, and which, at the time of its release under this License
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is not already Covered Code governed by this License.
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1.11. ``Source Code'' means the preferred form of the Covered Code for
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making modifications to it, including all modules it contains, plus any
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associated interface definition files, scripts used to control
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compilation and installation of an Executable, or a list of source code
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differential comparisons against either the Original Code or another
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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
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appropriate decompression or de-archiving software is widely available
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for no charge.
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1.12. ``You'' means an individual or a legal entity exercising rights
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under, and complying with all of the terms of, this License or a future
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version of this License issued under Section 6.1. For legal entities,
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``You'' includes any entity which controls, is controlled by, or is
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under common control with You. For purposes of this definition,
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``control'' means (a) the power, direct or indirect, to cause the
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direction or management of such entity, whether by contract or
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otherwise, or (b) ownership of fifty percent (50%) or more of the
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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,
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non-exclusive license, subject to third party intellectual property
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claims:
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(a) to use, reproduce, modify, display, perform, sublicense and
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distribute the Original Code (or portions thereof) with or without
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Modifications, or as part of a Larger Work; and
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(b) under patents now or hereafter owned or controlled by Initial
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Developer, to make, have made, use and sell (``Utilize'') the
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Original Code (or portions thereof), but solely to the extent that
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any such patent is reasonably necessary to enable You to Utilize the
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Original Code (or portions thereof) and not to any greater extent
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that may be necessary to Utilize further Modifications or
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combinations.
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2.2. Contributor Grant.
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Each Contributor hereby grants You a world-wide, royalty-free,
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non-exclusive license, subject to third party intellectual property
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claims:
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(a) to use, reproduce, modify, display, perform, sublicense and
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distribute the Modifications created by such Contributor (or portions
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thereof) either on an unmodified basis, with other Modifications, as
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Covered Code or as part of a Larger Work; and
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(b) under patents now or hereafter owned or controlled by
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Contributor, to Utilize the Contributor Version (or portions
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thereof), but solely to the extent that any such patent is reasonably
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necessary to enable You to Utilize the Contributor Version (or
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portions thereof), and not to any greater extent that may be
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necessary to Utilize further Modifications or combinations.
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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
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governed by the terms of this License, including without limitation
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Section 2.2. The Source Code version of Covered Code may be distributed
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only under the terms of this License or a future version of this License
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released under Section 6.1, and You must include a copy of this License
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with every copy of the Source Code You distribute. You may not offer or
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impose any terms on any Source Code version that alters or restricts the
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applicable version of this License or the recipients' rights hereunder.
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However, You may include an additional document offering the additional
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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
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made available in Source Code form under the terms of this License
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either on the same media as an Executable version or via an accepted
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Electronic Distribution Mechanism to anyone to whom you made an
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Executable version available; and if made available via Electronic
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Distribution Mechanism, must remain available for at least twelve (12)
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months after the date it initially became available, or at least six (6)
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months after a subsequent version of that particular Modification has
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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
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file documenting the changes You made to create that Covered Code and
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the date of any change. You must include a prominent statement that the
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Modification is derived, directly or indirectly, from Original Code
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provided by the Initial Developer and including the name of the Initial
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Developer in (a) the Source Code, and (b) in any notice in an Executable
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version or related documentation in which You describe the origin or
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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 You have knowledge that a party claims an intellectual property
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right in particular functionality or code (or its utilization under
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this License), you must include a text file with the source code
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distribution titled ``LEGAL'' which describes the claim and the party
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making the claim in sufficient detail that a recipient will know whom
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to contact. If you obtain such knowledge after You make Your
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Modification available as described in Section 3.2, You shall
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promptly modify the LEGAL file in all copies You make available
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thereafter and shall take other steps (such as notifying appropriate
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mailing lists or newsgroups) reasonably calculated to inform those
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who received the Covered Code that new knowledge has been obtained.
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(b) Contributor APIs.
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If Your Modification is an application programming interface and You
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own or control patents which are reasonably necessary to implement
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that API, you must also include this information in the LEGAL file.
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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
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Code, and this License in any documentation for the Source Code, where
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You describe recipients' rights relating to Covered Code. If You created
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one or more Modification(s), You may add your name as a Contributor to
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the notice described in Exhibit A. If it is not possible to put such
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notice in a particular Source Code file due to its structure, then you
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must include such notice in a location (such as a relevant directory
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file) where a user would be likely to look for such a notice. You may
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choose to offer, and to charge a fee for, warranty, support, indemnity
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or liability obligations to one or more recipients of Covered Code.
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However, You may do so only on Your own behalf, and not on behalf of the
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Initial Developer or any Contributor. You must make it absolutely clear
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than any such warranty, support, indemnity or liability obligation is
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offered by You alone, and You hereby agree to indemnify the Initial
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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
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requirements of Section 3.1-3.5 have been met for that Covered Code, and
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if You include a notice stating that the Source Code version of the
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Covered Code is available under the terms of this License, including a
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description of how and where You have fulfilled the obligations of
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Section 3.2. The notice must be conspicuously included in any notice in
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an Executable version, related documentation or collateral in which You
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describe recipients' rights relating to the Covered Code. You may
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distribute the Executable version of Covered Code under a license of
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Your choice, which may contain terms different from this License,
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provided that You are in compliance with the terms of this License and
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that the license for the Executable version does not attempt to limit or
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alter the recipient's rights in the Source Code version from the rights
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set forth in this License. If You distribute the Executable version
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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
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the Initial Developer or any Contributor. You hereby agree to indemnify
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the Initial Developer and every Contributor for any liability incurred
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by the Initial Developer or such Contributor as a result of any such
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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
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not governed by the terms of this License and distribute the Larger Work
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as a single product. In such a case, You must make sure the requirements
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of this 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
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License with respect to some or all of the Covered Code due to statute
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or regulation then You must: (a) comply with the terms of this License
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to the maximum extent possible; and (b) describe the limitations and the
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code they affect. Such description must be included in the LEGAL file
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described in Section 3.4 and must be included with all distributions of
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the Source Code. Except to the extent prohibited by statute or
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regulation, such description must be sufficiently detailed for a
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recipient of ordinary skill to be able to 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
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the 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
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be 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
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License, You may always continue to use it under the terms of that
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version. You may also choose to use such Covered Code under the terms of
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any subsequent version of the License published by Netscape. No one
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other than Netscape has the right to modify the terms applicable to
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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
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only do in order to apply it to code which is not already Covered Code
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governed by this License), you must (a) rename Your license so that the
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phrases ``Mozilla'', ``MOZILLAPL'', ``MOZPL'', ``Netscape'', ``NPL'' or
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any confusingly similar phrase do not appear anywhere in your license
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and (b) otherwise make it clear that your version of the license
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contains terms which differ from the Mozilla Public License and Netscape
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Public License. (Filling in the name of the Initial Developer, Original
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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,
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WITHOUT LIMITATION, WARRANTIES THAT THE COVERED CODE IS FREE OF DEFECTS,
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MERCHANTABLE, FIT FOR A PARTICULAR PURPOSE OR NON-INFRINGING. THE ENTIRE
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RISK AS TO THE QUALITY AND PERFORMANCE OF THE COVERED CODE IS WITH YOU.
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SHOULD ANY COVERED CODE PROVE DEFECTIVE IN ANY RESPECT, YOU (NOT THE
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INITIAL DEVELOPER OR ANY OTHER CONTRIBUTOR) ASSUME THE COST OF ANY
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NECESSARY SERVICING, REPAIR OR CORRECTION. THIS DISCLAIMER OF WARRANTY
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CONSTITUTES AN ESSENTIAL PART OF THIS LICENSE. NO USE OF ANY COVERED
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CODE IS AUTHORIZED HEREUNDER EXCEPT UNDER THIS DISCLAIMER.
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8. TERMINATION.
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This License and the rights granted hereunder will terminate
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automatically if You fail to comply with terms herein and fail to cure
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such breach within 30 days of becoming aware of the breach. All
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sublicenses to the Covered Code which are properly granted shall survive
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any termination of this License. Provisions which, by their nature, must
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remain in effect beyond the termination of this License shall survive.
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9. LIMITATION OF LIABILITY.
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UNDER NO CIRCUMSTANCES AND UNDER NO LEGAL THEORY, WHETHER TORT
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(INCLUDING NEGLIGENCE), CONTRACT, OR OTHERWISE, SHALL THE INITIAL
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DEVELOPER, ANY OTHER CONTRIBUTOR, OR ANY DISTRIBUTOR OF COVERED CODE, OR
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ANY SUPPLIER OF ANY OF SUCH PARTIES, BE LIABLE TO YOU OR ANY OTHER
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PERSON FOR ANY INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES
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OF ANY CHARACTER INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF
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GOODWILL, WORK STOPPAGE, COMPUTER FAILURE OR MALFUNCTION, OR ANY AND ALL
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OTHER COMMERCIAL DAMAGES OR LOSSES, EVEN IF SUCH PARTY SHALL HAVE BEEN
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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
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RESULTING FROM SUCH PARTY'S NEGLIGENCE TO THE EXTENT APPLICABLE LAW
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PROHIBITS SUCH LIMITATION. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION
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OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THAT EXCLUSION
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AND LIMITATION MAY NOT 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 48
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C.F.R. 2.101 (Oct. 1995), consisting of ``commercial computer software''
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and ``commercial computer software documentation,'' as such terms are
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used in 48 C.F.R. 12.212 (Sept. 1995). Consistent with 48 C.F.R. 12.212
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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
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forth 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,
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such 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),
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excluding its conflict-of-law provisions. With respect to disputes in
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which at least one party is a citizen of, or an entity chartered or
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registered to do business in, the United States of America: (a) unless
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otherwise agreed in writing, all disputes relating to this License
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(excepting any dispute relating to intellectual property rights) shall
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be subject to final and binding arbitration, with the losing party
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paying all costs of arbitration; (b) any arbitration relating to this
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Agreement shall be held in Santa Clara County, California, under the
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auspices of JAMS/EndDispute; and (c) any litigation relating to this
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Agreement shall be subject to the jurisdiction of the Federal Courts of
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the Northern District of California, with venue lying in Santa Clara
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County, California, with the losing party responsible for costs,
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including without limitation, court costs and reasonable attorneys fees
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and expenses. The application of the United Nations Convention on
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Contracts for the International Sale of Goods is expressly excluded. Any
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law or regulation which provides that the language of a contract shall
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be construed against the drafter shall not apply to this License.
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12. RESPONSIBILITY FOR CLAIMS.
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Except in cases where another Contributor has failed to comply with
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Section 3.4, You are responsible for damages arising, directly or
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indirectly, out of Your utilization of rights under this License, based
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on the number of copies of Covered Code you made available, the revenues
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you received from utilizing such rights, and other relevant factors. You
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agree to work with affected parties to distribute responsibility on an
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equitable basis.
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EXHIBIT A.
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``The contents of this file are subject to the Mozilla Public License
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Version 1.0 (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 under
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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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