7 1.1. ``Contributor'' means each entity that creates or contributes to
8 the creation of Modifications.
10 1.2. ``Contributor Version'' means the combination of the Original Code,
11 prior Modifications used by a Contributor, and the Modifications made by
12 that particular Contributor.
14 1.3. ``Covered Code'' means the Original Code or Modifications or the
15 combination of the Original Code and Modifications, in each case
16 including portions thereof.
18 1.4. ``Electronic Distribution Mechanism'' means a mechanism generally
19 accepted in the software development community for the electronic
22 1.5. ``Executable'' means Covered Code in any form other than Source
25 1.6. ``Initial Developer'' means the individual or entity identified as
26 the Initial Developer in the Source Code notice required by Exhibit A.
28 1.7. ``Larger Work'' means a work which combines Covered Code or
29 portions thereof with code not governed by the terms of this License.
31 1.8. ``License'' means this document.
33 1.9. ``Modifications'' means any addition to or deletion from the
34 substance or structure of either the Original Code or any previous
35 Modifications. When Covered Code is released as a series of files, a
38 A. Any addition to or deletion from the contents of a file containing
39 Original Code or previous Modifications.
41 B. Any new file that contains any part of the Original Code or
42 previous Modifications.
44 1.10. ``Original Code'' means Source Code of computer software code
45 which is described in the Source Code notice required by Exhibit A as
46 Original Code, and which, at the time of its release under this License
47 is not already Covered Code governed by this License.
49 1.11. ``Source Code'' means the preferred form of the Covered Code for
50 making modifications to it, including all modules it contains, plus any
51 associated interface definition files, scripts used to control
52 compilation and installation of an Executable, or a list of source code
53 differential comparisons against either the Original Code or another
54 well known, available Covered Code of the Contributor's choice. The
55 Source Code can be in a compressed or archival form, provided the
56 appropriate decompression or de-archiving software is widely available
59 1.12. ``You'' means an individual or a legal entity exercising rights
60 under, and complying with all of the terms of, this License or a future
61 version of this License issued under Section 6.1. For legal entities,
62 ``You'' includes any entity which controls, is controlled by, or is
63 under common control with You. For purposes of this definition,
64 ``control'' means (a) the power, direct or indirect, to cause the
65 direction or management of such entity, whether by contract or
66 otherwise, or (b) ownership of fifty percent (50%) or more of the
67 outstanding shares or beneficial ownership of such entity.
69 2. Source Code License.
70 2.1. The Initial Developer Grant.
71 The Initial Developer hereby grants You a world-wide, royalty-free,
72 non-exclusive license, subject to third party intellectual property
75 (a) to use, reproduce, modify, display, perform, sublicense and
76 distribute the Original Code (or portions thereof) with or without
77 Modifications, or as part of a Larger Work; and
79 (b) under patents now or hereafter owned or controlled by Initial
80 Developer, to make, have made, use and sell (``Utilize'') the
81 Original Code (or portions thereof), but solely to the extent that
82 any such patent is reasonably necessary to enable You to Utilize the
83 Original Code (or portions thereof) and not to any greater extent
84 that may be necessary to Utilize further Modifications or
87 2.2. Contributor Grant.
88 Each Contributor hereby grants You a world-wide, royalty-free,
89 non-exclusive license, subject to third party intellectual property
92 (a) to use, reproduce, modify, display, perform, sublicense and
93 distribute the Modifications created by such Contributor (or portions
94 thereof) either on an unmodified basis, with other Modifications, as
95 Covered Code or as part of a Larger Work; and
97 (b) under patents now or hereafter owned or controlled by
98 Contributor, to Utilize the Contributor Version (or portions
99 thereof), but solely to the extent that any such patent is reasonably
100 necessary to enable You to Utilize the Contributor Version (or
101 portions thereof), and not to any greater extent that may be
102 necessary to Utilize further Modifications or combinations.
104 3. Distribution Obligations.
105 3.1. Application of License.
106 The Modifications which You create or to which You contribute are
107 governed by the terms of this License, including without limitation
108 Section 2.2. The Source Code version of Covered Code may be distributed
109 only under the terms of this License or a future version of this License
110 released under Section 6.1, and You must include a copy of this License
111 with every copy of the Source Code You distribute. You may not offer or
112 impose any terms on any Source Code version that alters or restricts the
113 applicable version of this License or the recipients' rights hereunder.
114 However, You may include an additional document offering the additional
115 rights described in Section 3.5.
117 3.2. Availability of Source Code.
118 Any Modification which You create or to which You contribute must be
119 made available in Source Code form under the terms of this License
120 either on the same media as an Executable version or via an accepted
121 Electronic Distribution Mechanism to anyone to whom you made an
122 Executable version available; and if made available via Electronic
123 Distribution Mechanism, must remain available for at least twelve (12)
124 months after the date it initially became available, or at least six (6)
125 months after a subsequent version of that particular Modification has
126 been made available to such recipients. You are responsible for ensuring
127 that the Source Code version remains available even if the Electronic
128 Distribution Mechanism is maintained by a third party.
130 3.3. Description of Modifications.
131 You must cause all Covered Code to which you contribute to contain a
132 file documenting the changes You made to create that Covered Code and
133 the date of any change. You must include a prominent statement that the
134 Modification is derived, directly or indirectly, from Original Code
135 provided by the Initial Developer and including the name of the Initial
136 Developer in (a) the Source Code, and (b) in any notice in an Executable
137 version or related documentation in which You describe the origin or
138 ownership of the Covered Code.
140 3.4. Intellectual Property Matters
142 (a) Third Party Claims.
143 If You have knowledge that a party claims an intellectual property
144 right in particular functionality or code (or its utilization under
145 this License), you must include a text file with the source code
146 distribution titled ``LEGAL'' which describes the claim and the party
147 making the claim in sufficient detail that a recipient will know whom
148 to contact. If you obtain such knowledge after You make Your
149 Modification available as described in Section 3.2, You shall
150 promptly modify the LEGAL file in all copies You make available
151 thereafter and shall take other steps (such as notifying appropriate
152 mailing lists or newsgroups) reasonably calculated to inform those
153 who received the Covered Code that new knowledge has been obtained.
155 (b) Contributor APIs.
156 If Your Modification is an application programming interface and You
157 own or control patents which are reasonably necessary to implement
158 that API, you must also include this information in the LEGAL file.
160 3.5. Required Notices.
161 You must duplicate the notice in Exhibit A in each file of the Source
162 Code, and this License in any documentation for the Source Code, where
163 You describe recipients' rights relating to Covered Code. If You created
164 one or more Modification(s), You may add your name as a Contributor to
165 the notice described in Exhibit A. If it is not possible to put such
166 notice in a particular Source Code file due to its structure, then you
167 must include such notice in a location (such as a relevant directory
168 file) where a user would be likely to look for such a notice. You may
169 choose to offer, and to charge a fee for, warranty, support, indemnity
170 or liability obligations to one or more recipients of Covered Code.
171 However, You may do so only on Your own behalf, and not on behalf of the
172 Initial Developer or any Contributor. You must make it absolutely clear
173 than any such warranty, support, indemnity or liability obligation is
174 offered by You alone, and You hereby agree to indemnify the Initial
175 Developer and every Contributor for any liability incurred by the
176 Initial Developer or such Contributor as a result of warranty, support,
177 indemnity or liability terms You offer.
179 3.6. Distribution of Executable Versions.
180 You may distribute Covered Code in Executable form only if the
181 requirements of Section 3.1-3.5 have been met for that Covered Code, and
182 if You include a notice stating that the Source Code version of the
183 Covered Code is available under the terms of this License, including a
184 description of how and where You have fulfilled the obligations of
185 Section 3.2. The notice must be conspicuously included in any notice in
186 an Executable version, related documentation or collateral in which You
187 describe recipients' rights relating to the Covered Code. You may
188 distribute the Executable version of Covered Code under a license of
189 Your choice, which may contain terms different from this License,
190 provided that You are in compliance with the terms of this License and
191 that the license for the Executable version does not attempt to limit or
192 alter the recipient's rights in the Source Code version from the rights
193 set forth in this License. If You distribute the Executable version
194 under a different license You must make it absolutely clear that any
195 terms which differ from this License are offered by You alone, not by
196 the Initial Developer or any Contributor. You hereby agree to indemnify
197 the Initial Developer and every Contributor for any liability incurred
198 by the Initial Developer or such Contributor as a result of any such
202 You may create a Larger Work by combining Covered Code with other code
203 not governed by the terms of this License and distribute the Larger Work
204 as a single product. In such a case, You must make sure the requirements
205 of this License are fulfilled for the Covered Code.
207 4. Inability to Comply Due to Statute or Regulation.
209 If it is impossible for You to comply with any of the terms of this
210 License with respect to some or all of the Covered Code due to statute
211 or regulation then You must: (a) comply with the terms of this License
212 to the maximum extent possible; and (b) describe the limitations and the
213 code they affect. Such description must be included in the LEGAL file
214 described in Section 3.4 and must be included with all distributions of
215 the Source Code. Except to the extent prohibited by statute or
216 regulation, such description must be sufficiently detailed for a
217 recipient of ordinary skill to be able to understand it.
219 5. Application of this License.
220 This License applies to code to which the Initial Developer has attached
221 the notice in Exhibit A, and to related Covered Code.
222 6. Versions of the License.
224 Netscape Communications Corporation (``Netscape'') may publish revised
225 and/or new versions of the License from time to time. Each version will
226 be given a distinguishing version number.
228 6.2. Effect of New Versions.
229 Once Covered Code has been published under a particular version of the
230 License, You may always continue to use it under the terms of that
231 version. You may also choose to use such Covered Code under the terms of
232 any subsequent version of the License published by Netscape. No one
233 other than Netscape has the right to modify the terms applicable to
234 Covered Code created under this License.
236 6.3. Derivative Works.
237 If you create or use a modified version of this License (which you may
238 only do in order to apply it to code which is not already Covered Code
239 governed by this License), you must (a) rename Your license so that the
240 phrases ``Mozilla'', ``MOZILLAPL'', ``MOZPL'', ``Netscape'', ``NPL'' or
241 any confusingly similar phrase do not appear anywhere in your license
242 and (b) otherwise make it clear that your version of the license
243 contains terms which differ from the Mozilla Public License and Netscape
244 Public License. (Filling in the name of the Initial Developer, Original
245 Code or Contributor in the notice described in Exhibit A shall not of
246 themselves be deemed to be modifications of this License.)
248 7. DISCLAIMER OF WARRANTY.
249 COVERED CODE IS PROVIDED UNDER THIS LICENSE ON AN ``AS IS'' BASIS,
250 WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING,
251 WITHOUT LIMITATION, WARRANTIES THAT THE COVERED CODE IS FREE OF DEFECTS,
252 MERCHANTABLE, FIT FOR A PARTICULAR PURPOSE OR NON-INFRINGING. THE ENTIRE
253 RISK AS TO THE QUALITY AND PERFORMANCE OF THE COVERED CODE IS WITH YOU.
254 SHOULD ANY COVERED CODE PROVE DEFECTIVE IN ANY RESPECT, YOU (NOT THE
255 INITIAL DEVELOPER OR ANY OTHER CONTRIBUTOR) ASSUME THE COST OF ANY
256 NECESSARY SERVICING, REPAIR OR CORRECTION. THIS DISCLAIMER OF WARRANTY
257 CONSTITUTES AN ESSENTIAL PART OF THIS LICENSE. NO USE OF ANY COVERED
258 CODE IS AUTHORIZED HEREUNDER EXCEPT UNDER THIS DISCLAIMER.
260 This License and the rights granted hereunder will terminate
261 automatically if You fail to comply with terms herein and fail to cure
262 such breach within 30 days of becoming aware of the breach. All
263 sublicenses to the Covered Code which are properly granted shall survive
264 any termination of this License. Provisions which, by their nature, must
265 remain in effect beyond the termination of this License shall survive.
266 9. LIMITATION OF LIABILITY.
267 UNDER NO CIRCUMSTANCES AND UNDER NO LEGAL THEORY, WHETHER TORT
268 (INCLUDING NEGLIGENCE), CONTRACT, OR OTHERWISE, SHALL THE INITIAL
269 DEVELOPER, ANY OTHER CONTRIBUTOR, OR ANY DISTRIBUTOR OF COVERED CODE, OR
270 ANY SUPPLIER OF ANY OF SUCH PARTIES, BE LIABLE TO YOU OR ANY OTHER
271 PERSON FOR ANY INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES
272 OF ANY CHARACTER INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF
273 GOODWILL, WORK STOPPAGE, COMPUTER FAILURE OR MALFUNCTION, OR ANY AND ALL
274 OTHER COMMERCIAL DAMAGES OR LOSSES, EVEN IF SUCH PARTY SHALL HAVE BEEN
275 INFORMED OF THE POSSIBILITY OF SUCH DAMAGES. THIS LIMITATION OF
276 LIABILITY SHALL NOT APPLY TO LIABILITY FOR DEATH OR PERSONAL INJURY
277 RESULTING FROM SUCH PARTY'S NEGLIGENCE TO THE EXTENT APPLICABLE LAW
278 PROHIBITS SUCH LIMITATION. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION
279 OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THAT EXCLUSION
280 AND LIMITATION MAY NOT APPLY TO YOU.
281 10. U.S. GOVERNMENT END USERS.
282 The Covered Code is a ``commercial item,'' as that term is defined in 48
283 C.F.R. 2.101 (Oct. 1995), consisting of ``commercial computer software''
284 and ``commercial computer software documentation,'' as such terms are
285 used in 48 C.F.R. 12.212 (Sept. 1995). Consistent with 48 C.F.R. 12.212
286 and 48 C.F.R. 227.7202-1 through 227.7202-4 (June 1995), all U.S.
287 Government End Users acquire Covered Code with only those rights set
290 This License represents the complete agreement concerning subject matter
291 hereof. If any provision of this License is held to be unenforceable,
292 such provision shall be reformed only to the extent necessary to make it
293 enforceable. This License shall be governed by California law provisions
294 (except to the extent applicable law, if any, provides otherwise),
295 excluding its conflict-of-law provisions. With respect to disputes in
296 which at least one party is a citizen of, or an entity chartered or
297 registered to do business in, the United States of America: (a) unless
298 otherwise agreed in writing, all disputes relating to this License
299 (excepting any dispute relating to intellectual property rights) shall
300 be subject to final and binding arbitration, with the losing party
301 paying all costs of arbitration; (b) any arbitration relating to this
302 Agreement shall be held in Santa Clara County, California, under the
303 auspices of JAMS/EndDispute; and (c) any litigation relating to this
304 Agreement shall be subject to the jurisdiction of the Federal Courts of
305 the Northern District of California, with venue lying in Santa Clara
306 County, California, with the losing party responsible for costs,
307 including without limitation, court costs and reasonable attorneys fees
308 and expenses. The application of the United Nations Convention on
309 Contracts for the International Sale of Goods is expressly excluded. Any
310 law or regulation which provides that the language of a contract shall
311 be construed against the drafter shall not apply to this License.
312 12. RESPONSIBILITY FOR CLAIMS.
313 Except in cases where another Contributor has failed to comply with
314 Section 3.4, You are responsible for damages arising, directly or
315 indirectly, out of Your utilization of rights under this License, based
316 on the number of copies of Covered Code you made available, the revenues
317 you received from utilizing such rights, and other relevant factors. You
318 agree to work with affected parties to distribute responsibility on an
321 ``The contents of this file are subject to the Mozilla Public License
322 Version 1.0 (the "License"); you may not use this file except in
323 compliance with the License. You may obtain a copy of the License at
324 http://www.mozilla.org/MPL/
326 Software distributed under the License is distributed on an "AS IS"
327 basis, WITHOUT WARRANTY OF ANY KIND, either express or implied. See the
328 License for the specific language governing rights and limitations under
331 The Original Code is ______________________________________.
333 The Initial Developer of the Original Code is ________________________.
334 Portions created by ______________________ are Copyright (C) ______
335 _______________________. All Rights Reserved.
337 Contributor(s): ______________________________________.''