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361 lines
19 KiB
Plaintext
361 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
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Code, prior Modifications used by a Contributor, and the Modifications
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made by 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
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containing 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
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the Original Code (or portions thereof) and not to any greater
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extent 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
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portions thereof) either on an unmodified basis, with other
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Modifications, as 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
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reasonably necessary to enable You to Utilize the Contributor
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Version (or portions thereof), and not to any greater extent that
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may be 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
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License released under Section 6.1, and You must include a copy of this
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License with every copy of the Source Code You distribute. You may not
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offer or impose any terms on any Source Code version that alters or
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restricts the applicable version of this License or the recipients'
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rights hereunder. However, You may include an additional document
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offering the additional 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
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(6) months after a subsequent version of that particular Modification
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has been made available to such recipients. You are responsible for
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ensuring that the Source Code version remains available even if the
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Electronic 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
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Executable version or related documentation in which You describe the
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origin or 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
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under this License), you must include a text file with the source
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code distribution titled ``LEGAL'' which describes the claim and
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the party making the claim in sufficient detail that a recipient
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will know whom to contact. If you obtain such knowledge after You
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make Your Modification available as described in Section 3.2, You
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shall promptly modify the LEGAL file in all copies You make
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available thereafter and shall take other steps (such as notifying
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appropriate mailing lists or newsgroups) reasonably calculated to
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inform those who received the Covered Code that new knowledge has
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been obtained.
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(b) Contributor APIs.
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If Your Modification is an application programming interface and
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You own or control patents which are reasonably necessary to
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implement that API, you must also include this information in the
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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
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created one or more Modification(s), You may add your name as a
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Contributor to the notice described in Exhibit A. If it is not possible
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to put such notice in a particular Source Code file due to its
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structure, then you must include such notice in a location (such as a
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relevant directory file) where a user would be likely to look for such
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a notice. You may choose to offer, and to charge a fee for, warranty,
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support, indemnity or liability obligations to one or more recipients
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of Covered Code. However, You may do so only on Your own behalf, and
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not on behalf of the Initial Developer or any Contributor. You must
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make it absolutely clear than any such warranty, support, indemnity or
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liability obligation is offered by You alone, and You hereby agree to
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indemnify the Initial Developer and every Contributor for any liability
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incurred by the Initial Developer or such Contributor as a result of
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warranty, support, 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,
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and 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
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or alter the recipient's rights in the Source Code version from the
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rights set forth in this License. If You distribute the Executable
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version under a different license You must make it absolutely clear
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that any terms which differ from this License are offered by You alone,
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not by the Initial Developer or any Contributor. You hereby agree to
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indemnify the Initial Developer and every Contributor for any liability
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incurred by the Initial Developer or such Contributor as a result of
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any such 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
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Work as a single product. In such a case, You must make sure the
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requirements 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
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the code they affect. Such description must be included in the LEGAL
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file described in Section 3.4 and must be included with all
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distributions of the Source Code. Except to the extent prohibited by
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statute or regulation, such description must be sufficiently detailed
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for a 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
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attached 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
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of 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
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Netscape Public License. (Filling in the name of the Initial Developer,
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Original Code or Contributor in the notice described in Exhibit A shall
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not of 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
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DEFECTS, MERCHANTABLE, FIT FOR A PARTICULAR PURPOSE OR NON-INFRINGING.
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THE ENTIRE RISK AS TO THE QUALITY AND PERFORMANCE OF THE COVERED CODE
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IS WITH YOU. SHOULD ANY COVERED CODE PROVE DEFECTIVE IN ANY RESPECT,
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YOU (NOT THE INITIAL DEVELOPER OR ANY OTHER CONTRIBUTOR) ASSUME THE
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COST OF ANY NECESSARY SERVICING, REPAIR OR CORRECTION. THIS DISCLAIMER
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OF WARRANTY CONSTITUTES AN ESSENTIAL PART OF THIS LICENSE. NO USE OF
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ANY COVERED 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
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survive any termination of this License. Provisions which, by their
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nature, must remain in effect beyond the termination of this License
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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,
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OR 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
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ALL OTHER COMMERCIAL DAMAGES OR LOSSES, EVEN IF SUCH PARTY SHALL HAVE
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BEEN 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
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EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THAT
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EXCLUSION 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
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48 C.F.R. 2.101 (Oct. 1995), consisting of ``commercial computer
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software'' and ``commercial computer software documentation,'' as such
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terms are used in 48 C.F.R. 12.212 (Sept. 1995). Consistent with 48
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C.F.R. 12.212 and 48 C.F.R. 227.7202-1 through 227.7202-4 (June 1995),
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all U.S. Government End Users acquire Covered Code with only those
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rights set forth herein.
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11. MISCELLANEOUS.
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This License represents the complete agreement concerning subject
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matter hereof. If any provision of this License is held to be
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unenforceable, such provision shall be reformed only to the extent
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necessary to make it enforceable. This License shall be governed by
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California law provisions (except to the extent applicable law, if any,
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provides otherwise), excluding its conflict-of-law provisions. With
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respect to disputes in which at least one party is a citizen of, or an
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entity chartered or registered to do business in, the United States of
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America: (a) unless otherwise agreed in writing, all disputes relating
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to this License (excepting any dispute relating to intellectual
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property rights) shall be subject to final and binding arbitration,
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with the losing party paying all costs of arbitration; (b) any
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arbitration relating to this Agreement shall be held in Santa Clara
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County, California, under the auspices of JAMS/EndDispute; and (c) any
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litigation relating to this Agreement shall be subject to the
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jurisdiction of the Federal Courts of the Northern District of
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California, with venue lying in Santa Clara County, California, with
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the losing party responsible for costs, including without limitation,
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court costs and reasonable attorneys fees and expenses. The application
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of the United Nations Convention on Contracts for the International
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Sale of Goods is expressly excluded. Any law or regulation which
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provides that the language of a contract shall be construed against the
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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
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revenues you received from utilizing such rights, and other relevant
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factors. You agree to work with affected parties to distribute
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responsibility on an 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
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under 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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