moel@1: MOZILLA PUBLIC LICENSE moel@1: Version 1.1 moel@1: moel@1: --------------- moel@1: moel@1: 1. Definitions. moel@1: moel@1: 1.0.1. "Commercial Use" means distribution or otherwise making the moel@1: Covered Code available to a third party. moel@1: moel@1: 1.1. "Contributor" means each entity that creates or contributes to moel@1: the creation of Modifications. moel@1: moel@1: 1.2. "Contributor Version" means the combination of the Original moel@1: Code, prior Modifications used by a Contributor, and the Modifications moel@1: made by that particular Contributor. moel@1: moel@1: 1.3. "Covered Code" means the Original Code or Modifications or the moel@1: combination of the Original Code and Modifications, in each case moel@1: including portions thereof. moel@1: moel@1: 1.4. "Electronic Distribution Mechanism" means a mechanism generally moel@1: accepted in the software development community for the electronic moel@1: transfer of data. moel@1: moel@1: 1.5. "Executable" means Covered Code in any form other than Source moel@1: Code. moel@1: moel@1: 1.6. "Initial Developer" means the individual or entity identified moel@1: as the Initial Developer in the Source Code notice required by Exhibit moel@1: A. moel@1: moel@1: 1.7. "Larger Work" means a work which combines Covered Code or moel@1: portions thereof with code not governed by the terms of this License. moel@1: moel@1: 1.8. "License" means this document. moel@1: moel@1: 1.8.1. "Licensable" means having the right to grant, to the maximum moel@1: extent possible, whether at the time of the initial grant or moel@1: subsequently acquired, any and all of the rights conveyed herein. moel@1: moel@1: 1.9. "Modifications" means any addition to or deletion from the moel@1: substance or structure of either the Original Code or any previous moel@1: Modifications. When Covered Code is released as a series of files, a moel@1: Modification is: moel@1: A. Any addition to or deletion from the contents of a file moel@1: containing Original Code or previous Modifications. moel@1: moel@1: B. Any new file that contains any part of the Original Code or moel@1: previous Modifications. moel@1: moel@1: 1.10. "Original Code" means Source Code of computer software code moel@1: which is described in the Source Code notice required by Exhibit A as moel@1: Original Code, and which, at the time of its release under this moel@1: License is not already Covered Code governed by this License. moel@1: moel@1: 1.10.1. "Patent Claims" means any patent claim(s), now owned or moel@1: hereafter acquired, including without limitation, method, process, moel@1: and apparatus claims, in any patent Licensable by grantor. moel@1: moel@1: 1.11. "Source Code" means the preferred form of the Covered Code for moel@1: making modifications to it, including all modules it contains, plus moel@1: any associated interface definition files, scripts used to control moel@1: compilation and installation of an Executable, or source code moel@1: differential comparisons against either the Original Code or another moel@1: well known, available Covered Code of the Contributor's choice. The moel@1: Source Code can be in a compressed or archival form, provided the moel@1: appropriate decompression or de-archiving software is widely available moel@1: for no charge. moel@1: moel@1: 1.12. "You" (or "Your") means an individual or a legal entity moel@1: exercising rights under, and complying with all of the terms of, this moel@1: License or a future version of this License issued under Section 6.1. moel@1: For legal entities, "You" includes any entity which controls, is moel@1: controlled by, or is under common control with You. For purposes of moel@1: this definition, "control" means (a) the power, direct or indirect, moel@1: to cause the direction or management of such entity, whether by moel@1: contract or otherwise, or (b) ownership of more than fifty percent moel@1: (50%) of the outstanding shares or beneficial ownership of such moel@1: entity. moel@1: moel@1: 2. Source Code License. moel@1: moel@1: 2.1. The Initial Developer Grant. moel@1: The Initial Developer hereby grants You a world-wide, royalty-free, moel@1: non-exclusive license, subject to third party intellectual property moel@1: claims: moel@1: (a) under intellectual property rights (other than patent or moel@1: trademark) Licensable by Initial Developer to use, reproduce, moel@1: modify, display, perform, sublicense and distribute the Original moel@1: Code (or portions thereof) with or without Modifications, and/or moel@1: as part of a Larger Work; and moel@1: moel@1: (b) under Patents Claims infringed by the making, using or moel@1: selling of Original Code, to make, have made, use, practice, moel@1: sell, and offer for sale, and/or otherwise dispose of the moel@1: Original Code (or portions thereof). moel@1: moel@1: (c) the licenses granted in this Section 2.1(a) and (b) are moel@1: effective on the date Initial Developer first distributes moel@1: Original Code under the terms of this License. moel@1: moel@1: (d) Notwithstanding Section 2.1(b) above, no patent license is moel@1: granted: 1) for code that You delete from the Original Code; 2) moel@1: separate from the Original Code; or 3) for infringements caused moel@1: by: i) the modification of the Original Code or ii) the moel@1: combination of the Original Code with other software or devices. moel@1: moel@1: 2.2. Contributor Grant. moel@1: Subject to third party intellectual property claims, each Contributor moel@1: hereby grants You a world-wide, royalty-free, non-exclusive license moel@1: moel@1: (a) under intellectual property rights (other than patent or moel@1: trademark) Licensable by Contributor, to use, reproduce, modify, moel@1: display, perform, sublicense and distribute the Modifications moel@1: created by such Contributor (or portions thereof) either on an moel@1: unmodified basis, with other Modifications, as Covered Code moel@1: and/or as part of a Larger Work; and moel@1: moel@1: (b) under Patent Claims infringed by the making, using, or moel@1: selling of Modifications made by that Contributor either alone moel@1: and/or in combination with its Contributor Version (or portions moel@1: of such combination), to make, use, sell, offer for sale, have moel@1: made, and/or otherwise dispose of: 1) Modifications made by that moel@1: Contributor (or portions thereof); and 2) the combination of moel@1: Modifications made by that Contributor with its Contributor moel@1: Version (or portions of such combination). moel@1: moel@1: (c) the licenses granted in Sections 2.2(a) and 2.2(b) are moel@1: effective on the date Contributor first makes Commercial Use of moel@1: the Covered Code. moel@1: moel@1: (d) Notwithstanding Section 2.2(b) above, no patent license is moel@1: granted: 1) for any code that Contributor has deleted from the moel@1: Contributor Version; 2) separate from the Contributor Version; moel@1: 3) for infringements caused by: i) third party modifications of moel@1: Contributor Version or ii) the combination of Modifications made moel@1: by that Contributor with other software (except as part of the moel@1: Contributor Version) or other devices; or 4) under Patent Claims moel@1: infringed by Covered Code in the absence of Modifications made by moel@1: that Contributor. moel@1: moel@1: 3. Distribution Obligations. moel@1: moel@1: 3.1. Application of License. moel@1: The Modifications which You create or to which You contribute are moel@1: governed by the terms of this License, including without limitation moel@1: Section 2.2. The Source Code version of Covered Code may be moel@1: distributed only under the terms of this License or a future version moel@1: of this License released under Section 6.1, and You must include a moel@1: copy of this License with every copy of the Source Code You moel@1: distribute. You may not offer or impose any terms on any Source Code moel@1: version that alters or restricts the applicable version of this moel@1: License or the recipients' rights hereunder. However, You may include moel@1: an additional document offering the additional rights described in moel@1: Section 3.5. moel@1: moel@1: 3.2. Availability of Source Code. moel@1: Any Modification which You create or to which You contribute must be moel@1: made available in Source Code form under the terms of this License moel@1: either on the same media as an Executable version or via an accepted moel@1: Electronic Distribution Mechanism to anyone to whom you made an moel@1: Executable version available; and if made available via Electronic moel@1: Distribution Mechanism, must remain available for at least twelve (12) moel@1: months after the date it initially became available, or at least six moel@1: (6) months after a subsequent version of that particular Modification moel@1: has been made available to such recipients. You are responsible for moel@1: ensuring that the Source Code version remains available even if the moel@1: Electronic Distribution Mechanism is maintained by a third party. moel@1: moel@1: 3.3. Description of Modifications. moel@1: You must cause all Covered Code to which You contribute to contain a moel@1: file documenting the changes You made to create that Covered Code and moel@1: the date of any change. You must include a prominent statement that moel@1: the Modification is derived, directly or indirectly, from Original moel@1: Code provided by the Initial Developer and including the name of the moel@1: Initial Developer in (a) the Source Code, and (b) in any notice in an moel@1: Executable version or related documentation in which You describe the moel@1: origin or ownership of the Covered Code. moel@1: moel@1: 3.4. Intellectual Property Matters moel@1: (a) Third Party Claims. moel@1: If Contributor has knowledge that a license under a third party's moel@1: intellectual property rights is required to exercise the rights moel@1: granted by such Contributor under Sections 2.1 or 2.2, moel@1: Contributor must include a text file with the Source Code moel@1: distribution titled "LEGAL" which describes the claim and the moel@1: party making the claim in sufficient detail that a recipient will moel@1: know whom to contact. If Contributor obtains such knowledge after moel@1: the Modification is made available as described in Section 3.2, moel@1: Contributor shall promptly modify the LEGAL file in all copies moel@1: Contributor makes available thereafter and shall take other steps moel@1: (such as notifying appropriate mailing lists or newsgroups) moel@1: reasonably calculated to inform those who received the Covered moel@1: Code that new knowledge has been obtained. moel@1: moel@1: (b) Contributor APIs. moel@1: If Contributor's Modifications include an application programming moel@1: interface and Contributor has knowledge of patent licenses which moel@1: are reasonably necessary to implement that API, Contributor must moel@1: also include this information in the LEGAL file. moel@1: moel@1: (c) Representations. moel@1: Contributor represents that, except as disclosed pursuant to moel@1: Section 3.4(a) above, Contributor believes that Contributor's moel@1: Modifications are Contributor's original creation(s) and/or moel@1: Contributor has sufficient rights to grant the rights conveyed by moel@1: this License. moel@1: moel@1: 3.5. Required Notices. moel@1: You must duplicate the notice in Exhibit A in each file of the Source moel@1: Code. If it is not possible to put such notice in a particular Source moel@1: Code file due to its structure, then You must include such notice in a moel@1: location (such as a relevant directory) where a user would be likely moel@1: to look for such a notice. If You created one or more Modification(s) moel@1: You may add your name as a Contributor to the notice described in moel@1: Exhibit A. You must also duplicate this License in any documentation moel@1: for the Source Code where You describe recipients' rights or ownership moel@1: rights relating to Covered Code. You may choose to offer, and to moel@1: charge a fee for, warranty, support, indemnity or liability moel@1: obligations to one or more recipients of Covered Code. However, You moel@1: may do so only on Your own behalf, and not on behalf of the Initial moel@1: Developer or any Contributor. You must make it absolutely clear than moel@1: any such warranty, support, indemnity or liability obligation is moel@1: offered by You alone, and You hereby agree to indemnify the Initial moel@1: Developer and every Contributor for any liability incurred by the moel@1: Initial Developer or such Contributor as a result of warranty, moel@1: support, indemnity or liability terms You offer. moel@1: moel@1: 3.6. Distribution of Executable Versions. moel@1: You may distribute Covered Code in Executable form only if the moel@1: requirements of Section 3.1-3.5 have been met for that Covered Code, moel@1: and if You include a notice stating that the Source Code version of moel@1: the Covered Code is available under the terms of this License, moel@1: including a description of how and where You have fulfilled the moel@1: obligations of Section 3.2. The notice must be conspicuously included moel@1: in any notice in an Executable version, related documentation or moel@1: collateral in which You describe recipients' rights relating to the moel@1: Covered Code. You may distribute the Executable version of Covered moel@1: Code or ownership rights under a license of Your choice, which may moel@1: contain terms different from this License, provided that You are in moel@1: compliance with the terms of this License and that the license for the moel@1: Executable version does not attempt to limit or alter the recipient's moel@1: rights in the Source Code version from the rights set forth in this moel@1: License. If You distribute the Executable version under a different moel@1: license You must make it absolutely clear that any terms which differ moel@1: from this License are offered by You alone, not by the Initial moel@1: Developer or any Contributor. You hereby agree to indemnify the moel@1: Initial Developer and every Contributor for any liability incurred by moel@1: the Initial Developer or such Contributor as a result of any such moel@1: terms You offer. moel@1: moel@1: 3.7. Larger Works. moel@1: You may create a Larger Work by combining Covered Code with other code moel@1: not governed by the terms of this License and distribute the Larger moel@1: Work as a single product. In such a case, You must make sure the moel@1: requirements of this License are fulfilled for the Covered Code. moel@1: moel@1: 4. Inability to Comply Due to Statute or Regulation. moel@1: moel@1: If it is impossible for You to comply with any of the terms of this moel@1: License with respect to some or all of the Covered Code due to moel@1: statute, judicial order, or regulation then You must: (a) comply with moel@1: the terms of this License to the maximum extent possible; and (b) moel@1: describe the limitations and the code they affect. Such description moel@1: must be included in the LEGAL file described in Section 3.4 and must moel@1: be included with all distributions of the Source Code. Except to the moel@1: extent prohibited by statute or regulation, such description must be moel@1: sufficiently detailed for a recipient of ordinary skill to be able to moel@1: understand it. moel@1: moel@1: 5. Application of this License. moel@1: moel@1: This License applies to code to which the Initial Developer has moel@1: attached the notice in Exhibit A and to related Covered Code. moel@1: moel@1: 6. Versions of the License. moel@1: moel@1: 6.1. New Versions. moel@1: Netscape Communications Corporation ("Netscape") may publish revised moel@1: and/or new versions of the License from time to time. Each version moel@1: will be given a distinguishing version number. moel@1: moel@1: 6.2. Effect of New Versions. moel@1: Once Covered Code has been published under a particular version of the moel@1: License, You may always continue to use it under the terms of that moel@1: version. You may also choose to use such Covered Code under the terms moel@1: of any subsequent version of the License published by Netscape. No one moel@1: other than Netscape has the right to modify the terms applicable to moel@1: Covered Code created under this License. moel@1: moel@1: 6.3. Derivative Works. moel@1: If You create or use a modified version of this License (which you may moel@1: only do in order to apply it to code which is not already Covered Code moel@1: governed by this License), You must (a) rename Your license so that moel@1: the phrases "Mozilla", "MOZILLAPL", "MOZPL", "Netscape", moel@1: "MPL", "NPL" or any confusingly similar phrase do not appear in your moel@1: license (except to note that your license differs from this License) moel@1: and (b) otherwise make it clear that Your version of the license moel@1: contains terms which differ from the Mozilla Public License and moel@1: Netscape Public License. (Filling in the name of the Initial moel@1: Developer, Original Code or Contributor in the notice described in moel@1: Exhibit A shall not of themselves be deemed to be modifications of moel@1: this License.) moel@1: moel@1: 7. DISCLAIMER OF WARRANTY. moel@1: moel@1: COVERED CODE IS PROVIDED UNDER THIS LICENSE ON AN "AS IS" BASIS, moel@1: WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING, moel@1: WITHOUT LIMITATION, WARRANTIES THAT THE COVERED CODE IS FREE OF moel@1: DEFECTS, MERCHANTABLE, FIT FOR A PARTICULAR PURPOSE OR NON-INFRINGING. moel@1: THE ENTIRE RISK AS TO THE QUALITY AND PERFORMANCE OF THE COVERED CODE moel@1: IS WITH YOU. SHOULD ANY COVERED CODE PROVE DEFECTIVE IN ANY RESPECT, moel@1: YOU (NOT THE INITIAL DEVELOPER OR ANY OTHER CONTRIBUTOR) ASSUME THE moel@1: COST OF ANY NECESSARY SERVICING, REPAIR OR CORRECTION. THIS DISCLAIMER moel@1: OF WARRANTY CONSTITUTES AN ESSENTIAL PART OF THIS LICENSE. NO USE OF moel@1: ANY COVERED CODE IS AUTHORIZED HEREUNDER EXCEPT UNDER THIS DISCLAIMER. moel@1: moel@1: 8. TERMINATION. moel@1: moel@1: 8.1. This License and the rights granted hereunder will terminate moel@1: automatically if You fail to comply with terms herein and fail to cure moel@1: such breach within 30 days of becoming aware of the breach. All moel@1: sublicenses to the Covered Code which are properly granted shall moel@1: survive any termination of this License. Provisions which, by their moel@1: nature, must remain in effect beyond the termination of this License moel@1: shall survive. moel@1: moel@1: 8.2. If You initiate litigation by asserting a patent infringement moel@1: claim (excluding declatory judgment actions) against Initial Developer moel@1: or a Contributor (the Initial Developer or Contributor against whom moel@1: You file such action is referred to as "Participant") alleging that: moel@1: moel@1: (a) such Participant's Contributor Version directly or indirectly moel@1: infringes any patent, then any and all rights granted by such moel@1: Participant to You under Sections 2.1 and/or 2.2 of this License moel@1: shall, upon 60 days notice from Participant terminate prospectively, moel@1: unless if within 60 days after receipt of notice You either: (i) moel@1: agree in writing to pay Participant a mutually agreeable reasonable moel@1: royalty for Your past and future use of Modifications made by such moel@1: Participant, or (ii) withdraw Your litigation claim with respect to moel@1: the Contributor Version against such Participant. If within 60 days moel@1: of notice, a reasonable royalty and payment arrangement are not moel@1: mutually agreed upon in writing by the parties or the litigation claim moel@1: is not withdrawn, the rights granted by Participant to You under moel@1: Sections 2.1 and/or 2.2 automatically terminate at the expiration of moel@1: the 60 day notice period specified above. moel@1: moel@1: (b) any software, hardware, or device, other than such Participant's moel@1: Contributor Version, directly or indirectly infringes any patent, then moel@1: any rights granted to You by such Participant under Sections 2.1(b) moel@1: and 2.2(b) are revoked effective as of the date You first made, used, moel@1: sold, distributed, or had made, Modifications made by that moel@1: Participant. moel@1: moel@1: 8.3. If You assert a patent infringement claim against Participant moel@1: alleging that such Participant's Contributor Version directly or moel@1: indirectly infringes any patent where such claim is resolved (such as moel@1: by license or settlement) prior to the initiation of patent moel@1: infringement litigation, then the reasonable value of the licenses moel@1: granted by such Participant under Sections 2.1 or 2.2 shall be taken moel@1: into account in determining the amount or value of any payment or moel@1: license. moel@1: moel@1: 8.4. In the event of termination under Sections 8.1 or 8.2 above, moel@1: all end user license agreements (excluding distributors and resellers) moel@1: which have been validly granted by You or any distributor hereunder moel@1: prior to termination shall survive termination. moel@1: moel@1: 9. LIMITATION OF LIABILITY. moel@1: moel@1: UNDER NO CIRCUMSTANCES AND UNDER NO LEGAL THEORY, WHETHER TORT moel@1: (INCLUDING NEGLIGENCE), CONTRACT, OR OTHERWISE, SHALL YOU, THE INITIAL moel@1: DEVELOPER, ANY OTHER CONTRIBUTOR, OR ANY DISTRIBUTOR OF COVERED CODE, moel@1: OR ANY SUPPLIER OF ANY OF SUCH PARTIES, BE LIABLE TO ANY PERSON FOR moel@1: ANY INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES OF ANY moel@1: CHARACTER INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF GOODWILL, moel@1: WORK STOPPAGE, COMPUTER FAILURE OR MALFUNCTION, OR ANY AND ALL OTHER moel@1: COMMERCIAL DAMAGES OR LOSSES, EVEN IF SUCH PARTY SHALL HAVE BEEN moel@1: INFORMED OF THE POSSIBILITY OF SUCH DAMAGES. THIS LIMITATION OF moel@1: LIABILITY SHALL NOT APPLY TO LIABILITY FOR DEATH OR PERSONAL INJURY moel@1: RESULTING FROM SUCH PARTY'S NEGLIGENCE TO THE EXTENT APPLICABLE LAW moel@1: PROHIBITS SUCH LIMITATION. SOME JURISDICTIONS DO NOT ALLOW THE moel@1: EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO moel@1: THIS EXCLUSION AND LIMITATION MAY NOT APPLY TO YOU. moel@1: moel@1: 10. U.S. GOVERNMENT END USERS. moel@1: moel@1: The Covered Code is a "commercial item," as that term is defined in moel@1: 48 C.F.R. 2.101 (Oct. 1995), consisting of "commercial computer moel@1: software" and "commercial computer software documentation," as such moel@1: terms are used in 48 C.F.R. 12.212 (Sept. 1995). Consistent with 48 moel@1: C.F.R. 12.212 and 48 C.F.R. 227.7202-1 through 227.7202-4 (June 1995), moel@1: all U.S. Government End Users acquire Covered Code with only those moel@1: rights set forth herein. moel@1: moel@1: 11. MISCELLANEOUS. moel@1: moel@1: This License represents the complete agreement concerning subject moel@1: matter hereof. If any provision of this License is held to be moel@1: unenforceable, such provision shall be reformed only to the extent moel@1: necessary to make it enforceable. This License shall be governed by moel@1: California law provisions (except to the extent applicable law, if moel@1: any, provides otherwise), excluding its conflict-of-law provisions. moel@1: With respect to disputes in which at least one party is a citizen of, moel@1: or an entity chartered or registered to do business in the United moel@1: States of America, any litigation relating to this License shall be moel@1: subject to the jurisdiction of the Federal Courts of the Northern moel@1: District of California, with venue lying in Santa Clara County, moel@1: California, with the losing party responsible for costs, including moel@1: without limitation, court costs and reasonable attorneys' fees and moel@1: expenses. The application of the United Nations Convention on moel@1: Contracts for the International Sale of Goods is expressly excluded. moel@1: Any law or regulation which provides that the language of a contract moel@1: shall be construed against the drafter shall not apply to this moel@1: License. moel@1: moel@1: 12. RESPONSIBILITY FOR CLAIMS. moel@1: moel@1: As between Initial Developer and the Contributors, each party is moel@1: responsible for claims and damages arising, directly or indirectly, moel@1: out of its utilization of rights under this License and You agree to moel@1: work with Initial Developer and Contributors to distribute such moel@1: responsibility on an equitable basis. Nothing herein is intended or moel@1: shall be deemed to constitute any admission of liability. moel@1: moel@1: 13. MULTIPLE-LICENSED CODE. moel@1: moel@1: Initial Developer may designate portions of the Covered Code as moel@1: "Multiple-Licensed". "Multiple-Licensed" means that the Initial moel@1: Developer permits you to utilize portions of the Covered Code under moel@1: Your choice of the NPL or the alternative licenses, if any, specified moel@1: by the Initial Developer in the file described in Exhibit A. moel@1: moel@1: EXHIBIT A -Mozilla Public License. moel@1: moel@1: ``The contents of this file are subject to the Mozilla Public License moel@1: Version 1.1 (the "License"); you may not use this file except in moel@1: compliance with the License. You may obtain a copy of the License at moel@1: http://www.mozilla.org/MPL/ moel@1: moel@1: Software distributed under the License is distributed on an "AS IS" moel@1: basis, WITHOUT WARRANTY OF ANY KIND, either express or implied. See the moel@1: License for the specific language governing rights and limitations moel@1: under the License. moel@1: moel@1: The Original Code is ______________________________________. moel@1: moel@1: The Initial Developer of the Original Code is ________________________. moel@1: Portions created by ______________________ are Copyright (C) ______ moel@1: _______________________. All Rights Reserved. moel@1: moel@1: Contributor(s): ______________________________________. moel@1: moel@1: Alternatively, the contents of this file may be used under the terms moel@1: of the _____ license (the "[___] License"), in which case the moel@1: provisions of [______] License are applicable instead of those moel@1: above. If you wish to allow use of your version of this file only moel@1: under the terms of the [____] License and not to allow others to use moel@1: your version of this file under the MPL, indicate your decision by moel@1: deleting the provisions above and replace them with the notice and moel@1: other provisions required by the [___] License. If you do not delete moel@1: the provisions above, a recipient may use your version of this file moel@1: under either the MPL or the [___] License." moel@1: moel@1: [NOTE: The text of this Exhibit A may differ slightly from the text of moel@1: the notices in the Source Code files of the Original Code. You should moel@1: use the text of this Exhibit A rather than the text found in the moel@1: Original Code Source Code for Your Modifications.] moel@1: