Wed, 31 Dec 2014 06:09:35 +0100
Cloned upstream origin tor-browser at tor-browser-31.3.0esr-4.5-1-build1
revision ID fc1c9ff7c1b2defdbc039f12214767608f46423f for hacking purpose.
michael@0 | 1 | MOZILLA PUBLIC LICENSE |
michael@0 | 2 | Version 1.1 |
michael@0 | 3 | |
michael@0 | 4 | --------------- |
michael@0 | 5 | |
michael@0 | 6 | 1. Definitions. |
michael@0 | 7 | |
michael@0 | 8 | 1.0.1. "Commercial Use" means distribution or otherwise making the |
michael@0 | 9 | Covered Code available to a third party. |
michael@0 | 10 | |
michael@0 | 11 | 1.1. "Contributor" means each entity that creates or contributes to |
michael@0 | 12 | the creation of Modifications. |
michael@0 | 13 | |
michael@0 | 14 | 1.2. "Contributor Version" means the combination of the Original |
michael@0 | 15 | Code, prior Modifications used by a Contributor, and the Modifications |
michael@0 | 16 | made by that particular Contributor. |
michael@0 | 17 | |
michael@0 | 18 | 1.3. "Covered Code" means the Original Code or Modifications or the |
michael@0 | 19 | combination of the Original Code and Modifications, in each case |
michael@0 | 20 | including portions thereof. |
michael@0 | 21 | |
michael@0 | 22 | 1.4. "Electronic Distribution Mechanism" means a mechanism generally |
michael@0 | 23 | accepted in the software development community for the electronic |
michael@0 | 24 | transfer of data. |
michael@0 | 25 | |
michael@0 | 26 | 1.5. "Executable" means Covered Code in any form other than Source |
michael@0 | 27 | Code. |
michael@0 | 28 | |
michael@0 | 29 | 1.6. "Initial Developer" means the individual or entity identified |
michael@0 | 30 | as the Initial Developer in the Source Code notice required by Exhibit |
michael@0 | 31 | A. |
michael@0 | 32 | |
michael@0 | 33 | 1.7. "Larger Work" means a work which combines Covered Code or |
michael@0 | 34 | portions thereof with code not governed by the terms of this License. |
michael@0 | 35 | |
michael@0 | 36 | 1.8. "License" means this document. |
michael@0 | 37 | |
michael@0 | 38 | 1.8.1. "Licensable" means having the right to grant, to the maximum |
michael@0 | 39 | extent possible, whether at the time of the initial grant or |
michael@0 | 40 | subsequently acquired, any and all of the rights conveyed herein. |
michael@0 | 41 | |
michael@0 | 42 | 1.9. "Modifications" means any addition to or deletion from the |
michael@0 | 43 | substance or structure of either the Original Code or any previous |
michael@0 | 44 | Modifications. When Covered Code is released as a series of files, a |
michael@0 | 45 | Modification is: |
michael@0 | 46 | A. Any addition to or deletion from the contents of a file |
michael@0 | 47 | containing Original Code or previous Modifications. |
michael@0 | 48 | |
michael@0 | 49 | B. Any new file that contains any part of the Original Code or |
michael@0 | 50 | previous Modifications. |
michael@0 | 51 | |
michael@0 | 52 | 1.10. "Original Code" means Source Code of computer software code |
michael@0 | 53 | which is described in the Source Code notice required by Exhibit A as |
michael@0 | 54 | Original Code, and which, at the time of its release under this |
michael@0 | 55 | License is not already Covered Code governed by this License. |
michael@0 | 56 | |
michael@0 | 57 | 1.10.1. "Patent Claims" means any patent claim(s), now owned or |
michael@0 | 58 | hereafter acquired, including without limitation, method, process, |
michael@0 | 59 | and apparatus claims, in any patent Licensable by grantor. |
michael@0 | 60 | |
michael@0 | 61 | 1.11. "Source Code" means the preferred form of the Covered Code for |
michael@0 | 62 | making modifications to it, including all modules it contains, plus |
michael@0 | 63 | any associated interface definition files, scripts used to control |
michael@0 | 64 | compilation and installation of an Executable, or source code |
michael@0 | 65 | differential comparisons against either the Original Code or another |
michael@0 | 66 | well known, available Covered Code of the Contributor's choice. The |
michael@0 | 67 | Source Code can be in a compressed or archival form, provided the |
michael@0 | 68 | appropriate decompression or de-archiving software is widely available |
michael@0 | 69 | for no charge. |
michael@0 | 70 | |
michael@0 | 71 | 1.12. "You" (or "Your") means an individual or a legal entity |
michael@0 | 72 | exercising rights under, and complying with all of the terms of, this |
michael@0 | 73 | License or a future version of this License issued under Section 6.1. |
michael@0 | 74 | For legal entities, "You" includes any entity which controls, is |
michael@0 | 75 | controlled by, or is under common control with You. For purposes of |
michael@0 | 76 | this definition, "control" means (a) the power, direct or indirect, |
michael@0 | 77 | to cause the direction or management of such entity, whether by |
michael@0 | 78 | contract or otherwise, or (b) ownership of more than fifty percent |
michael@0 | 79 | (50%) of the outstanding shares or beneficial ownership of such |
michael@0 | 80 | entity. |
michael@0 | 81 | |
michael@0 | 82 | 2. Source Code License. |
michael@0 | 83 | |
michael@0 | 84 | 2.1. The Initial Developer Grant. |
michael@0 | 85 | The Initial Developer hereby grants You a world-wide, royalty-free, |
michael@0 | 86 | non-exclusive license, subject to third party intellectual property |
michael@0 | 87 | claims: |
michael@0 | 88 | (a) under intellectual property rights (other than patent or |
michael@0 | 89 | trademark) Licensable by Initial Developer to use, reproduce, |
michael@0 | 90 | modify, display, perform, sublicense and distribute the Original |
michael@0 | 91 | Code (or portions thereof) with or without Modifications, and/or |
michael@0 | 92 | as part of a Larger Work; and |
michael@0 | 93 | |
michael@0 | 94 | (b) under Patents Claims infringed by the making, using or |
michael@0 | 95 | selling of Original Code, to make, have made, use, practice, |
michael@0 | 96 | sell, and offer for sale, and/or otherwise dispose of the |
michael@0 | 97 | Original Code (or portions thereof). |
michael@0 | 98 | |
michael@0 | 99 | (c) the licenses granted in this Section 2.1(a) and (b) are |
michael@0 | 100 | effective on the date Initial Developer first distributes |
michael@0 | 101 | Original Code under the terms of this License. |
michael@0 | 102 | |
michael@0 | 103 | (d) Notwithstanding Section 2.1(b) above, no patent license is |
michael@0 | 104 | granted: 1) for code that You delete from the Original Code; 2) |
michael@0 | 105 | separate from the Original Code; or 3) for infringements caused |
michael@0 | 106 | by: i) the modification of the Original Code or ii) the |
michael@0 | 107 | combination of the Original Code with other software or devices. |
michael@0 | 108 | |
michael@0 | 109 | 2.2. Contributor Grant. |
michael@0 | 110 | Subject to third party intellectual property claims, each Contributor |
michael@0 | 111 | hereby grants You a world-wide, royalty-free, non-exclusive license |
michael@0 | 112 | |
michael@0 | 113 | (a) under intellectual property rights (other than patent or |
michael@0 | 114 | trademark) Licensable by Contributor, to use, reproduce, modify, |
michael@0 | 115 | display, perform, sublicense and distribute the Modifications |
michael@0 | 116 | created by such Contributor (or portions thereof) either on an |
michael@0 | 117 | unmodified basis, with other Modifications, as Covered Code |
michael@0 | 118 | and/or as part of a Larger Work; and |
michael@0 | 119 | |
michael@0 | 120 | (b) under Patent Claims infringed by the making, using, or |
michael@0 | 121 | selling of Modifications made by that Contributor either alone |
michael@0 | 122 | and/or in combination with its Contributor Version (or portions |
michael@0 | 123 | of such combination), to make, use, sell, offer for sale, have |
michael@0 | 124 | made, and/or otherwise dispose of: 1) Modifications made by that |
michael@0 | 125 | Contributor (or portions thereof); and 2) the combination of |
michael@0 | 126 | Modifications made by that Contributor with its Contributor |
michael@0 | 127 | Version (or portions of such combination). |
michael@0 | 128 | |
michael@0 | 129 | (c) the licenses granted in Sections 2.2(a) and 2.2(b) are |
michael@0 | 130 | effective on the date Contributor first makes Commercial Use of |
michael@0 | 131 | the Covered Code. |
michael@0 | 132 | |
michael@0 | 133 | (d) Notwithstanding Section 2.2(b) above, no patent license is |
michael@0 | 134 | granted: 1) for any code that Contributor has deleted from the |
michael@0 | 135 | Contributor Version; 2) separate from the Contributor Version; |
michael@0 | 136 | 3) for infringements caused by: i) third party modifications of |
michael@0 | 137 | Contributor Version or ii) the combination of Modifications made |
michael@0 | 138 | by that Contributor with other software (except as part of the |
michael@0 | 139 | Contributor Version) or other devices; or 4) under Patent Claims |
michael@0 | 140 | infringed by Covered Code in the absence of Modifications made by |
michael@0 | 141 | that Contributor. |
michael@0 | 142 | |
michael@0 | 143 | 3. Distribution Obligations. |
michael@0 | 144 | |
michael@0 | 145 | 3.1. Application of License. |
michael@0 | 146 | The Modifications which You create or to which You contribute are |
michael@0 | 147 | governed by the terms of this License, including without limitation |
michael@0 | 148 | Section 2.2. The Source Code version of Covered Code may be |
michael@0 | 149 | distributed only under the terms of this License or a future version |
michael@0 | 150 | of this License released under Section 6.1, and You must include a |
michael@0 | 151 | copy of this License with every copy of the Source Code You |
michael@0 | 152 | distribute. You may not offer or impose any terms on any Source Code |
michael@0 | 153 | version that alters or restricts the applicable version of this |
michael@0 | 154 | License or the recipients' rights hereunder. However, You may include |
michael@0 | 155 | an additional document offering the additional rights described in |
michael@0 | 156 | Section 3.5. |
michael@0 | 157 | |
michael@0 | 158 | 3.2. Availability of Source Code. |
michael@0 | 159 | Any Modification which You create or to which You contribute must be |
michael@0 | 160 | made available in Source Code form under the terms of this License |
michael@0 | 161 | either on the same media as an Executable version or via an accepted |
michael@0 | 162 | Electronic Distribution Mechanism to anyone to whom you made an |
michael@0 | 163 | Executable version available; and if made available via Electronic |
michael@0 | 164 | Distribution Mechanism, must remain available for at least twelve (12) |
michael@0 | 165 | months after the date it initially became available, or at least six |
michael@0 | 166 | (6) months after a subsequent version of that particular Modification |
michael@0 | 167 | has been made available to such recipients. You are responsible for |
michael@0 | 168 | ensuring that the Source Code version remains available even if the |
michael@0 | 169 | Electronic Distribution Mechanism is maintained by a third party. |
michael@0 | 170 | |
michael@0 | 171 | 3.3. Description of Modifications. |
michael@0 | 172 | You must cause all Covered Code to which You contribute to contain a |
michael@0 | 173 | file documenting the changes You made to create that Covered Code and |
michael@0 | 174 | the date of any change. You must include a prominent statement that |
michael@0 | 175 | the Modification is derived, directly or indirectly, from Original |
michael@0 | 176 | Code provided by the Initial Developer and including the name of the |
michael@0 | 177 | Initial Developer in (a) the Source Code, and (b) in any notice in an |
michael@0 | 178 | Executable version or related documentation in which You describe the |
michael@0 | 179 | origin or ownership of the Covered Code. |
michael@0 | 180 | |
michael@0 | 181 | 3.4. Intellectual Property Matters |
michael@0 | 182 | (a) Third Party Claims. |
michael@0 | 183 | If Contributor has knowledge that a license under a third party's |
michael@0 | 184 | intellectual property rights is required to exercise the rights |
michael@0 | 185 | granted by such Contributor under Sections 2.1 or 2.2, |
michael@0 | 186 | Contributor must include a text file with the Source Code |
michael@0 | 187 | distribution titled "LEGAL" which describes the claim and the |
michael@0 | 188 | party making the claim in sufficient detail that a recipient will |
michael@0 | 189 | know whom to contact. If Contributor obtains such knowledge after |
michael@0 | 190 | the Modification is made available as described in Section 3.2, |
michael@0 | 191 | Contributor shall promptly modify the LEGAL file in all copies |
michael@0 | 192 | Contributor makes available thereafter and shall take other steps |
michael@0 | 193 | (such as notifying appropriate mailing lists or newsgroups) |
michael@0 | 194 | reasonably calculated to inform those who received the Covered |
michael@0 | 195 | Code that new knowledge has been obtained. |
michael@0 | 196 | |
michael@0 | 197 | (b) Contributor APIs. |
michael@0 | 198 | If Contributor's Modifications include an application programming |
michael@0 | 199 | interface and Contributor has knowledge of patent licenses which |
michael@0 | 200 | are reasonably necessary to implement that API, Contributor must |
michael@0 | 201 | also include this information in the LEGAL file. |
michael@0 | 202 | |
michael@0 | 203 | (c) Representations. |
michael@0 | 204 | Contributor represents that, except as disclosed pursuant to |
michael@0 | 205 | Section 3.4(a) above, Contributor believes that Contributor's |
michael@0 | 206 | Modifications are Contributor's original creation(s) and/or |
michael@0 | 207 | Contributor has sufficient rights to grant the rights conveyed by |
michael@0 | 208 | this License. |
michael@0 | 209 | |
michael@0 | 210 | 3.5. Required Notices. |
michael@0 | 211 | You must duplicate the notice in Exhibit A in each file of the Source |
michael@0 | 212 | Code. If it is not possible to put such notice in a particular Source |
michael@0 | 213 | Code file due to its structure, then You must include such notice in a |
michael@0 | 214 | location (such as a relevant directory) where a user would be likely |
michael@0 | 215 | to look for such a notice. If You created one or more Modification(s) |
michael@0 | 216 | You may add your name as a Contributor to the notice described in |
michael@0 | 217 | Exhibit A. You must also duplicate this License in any documentation |
michael@0 | 218 | for the Source Code where You describe recipients' rights or ownership |
michael@0 | 219 | rights relating to Covered Code. You may choose to offer, and to |
michael@0 | 220 | charge a fee for, warranty, support, indemnity or liability |
michael@0 | 221 | obligations to one or more recipients of Covered Code. However, You |
michael@0 | 222 | may do so only on Your own behalf, and not on behalf of the Initial |
michael@0 | 223 | Developer or any Contributor. You must make it absolutely clear than |
michael@0 | 224 | any such warranty, support, indemnity or liability obligation is |
michael@0 | 225 | offered by You alone, and You hereby agree to indemnify the Initial |
michael@0 | 226 | Developer and every Contributor for any liability incurred by the |
michael@0 | 227 | Initial Developer or such Contributor as a result of warranty, |
michael@0 | 228 | support, indemnity or liability terms You offer. |
michael@0 | 229 | |
michael@0 | 230 | 3.6. Distribution of Executable Versions. |
michael@0 | 231 | You may distribute Covered Code in Executable form only if the |
michael@0 | 232 | requirements of Section 3.1-3.5 have been met for that Covered Code, |
michael@0 | 233 | and if You include a notice stating that the Source Code version of |
michael@0 | 234 | the Covered Code is available under the terms of this License, |
michael@0 | 235 | including a description of how and where You have fulfilled the |
michael@0 | 236 | obligations of Section 3.2. The notice must be conspicuously included |
michael@0 | 237 | in any notice in an Executable version, related documentation or |
michael@0 | 238 | collateral in which You describe recipients' rights relating to the |
michael@0 | 239 | Covered Code. You may distribute the Executable version of Covered |
michael@0 | 240 | Code or ownership rights under a license of Your choice, which may |
michael@0 | 241 | contain terms different from this License, provided that You are in |
michael@0 | 242 | compliance with the terms of this License and that the license for the |
michael@0 | 243 | Executable version does not attempt to limit or alter the recipient's |
michael@0 | 244 | rights in the Source Code version from the rights set forth in this |
michael@0 | 245 | License. If You distribute the Executable version under a different |
michael@0 | 246 | license You must make it absolutely clear that any terms which differ |
michael@0 | 247 | from this License are offered by You alone, not by the Initial |
michael@0 | 248 | Developer or any Contributor. You hereby agree to indemnify the |
michael@0 | 249 | Initial Developer and every Contributor for any liability incurred by |
michael@0 | 250 | the Initial Developer or such Contributor as a result of any such |
michael@0 | 251 | terms You offer. |
michael@0 | 252 | |
michael@0 | 253 | 3.7. Larger Works. |
michael@0 | 254 | You may create a Larger Work by combining Covered Code with other code |
michael@0 | 255 | not governed by the terms of this License and distribute the Larger |
michael@0 | 256 | Work as a single product. In such a case, You must make sure the |
michael@0 | 257 | requirements of this License are fulfilled for the Covered Code. |
michael@0 | 258 | |
michael@0 | 259 | 4. Inability to Comply Due to Statute or Regulation. |
michael@0 | 260 | |
michael@0 | 261 | If it is impossible for You to comply with any of the terms of this |
michael@0 | 262 | License with respect to some or all of the Covered Code due to |
michael@0 | 263 | statute, judicial order, or regulation then You must: (a) comply with |
michael@0 | 264 | the terms of this License to the maximum extent possible; and (b) |
michael@0 | 265 | describe the limitations and the code they affect. Such description |
michael@0 | 266 | must be included in the LEGAL file described in Section 3.4 and must |
michael@0 | 267 | be included with all distributions of the Source Code. Except to the |
michael@0 | 268 | extent prohibited by statute or regulation, such description must be |
michael@0 | 269 | sufficiently detailed for a recipient of ordinary skill to be able to |
michael@0 | 270 | understand it. |
michael@0 | 271 | |
michael@0 | 272 | 5. Application of this License. |
michael@0 | 273 | |
michael@0 | 274 | This License applies to code to which the Initial Developer has |
michael@0 | 275 | attached the notice in Exhibit A and to related Covered Code. |
michael@0 | 276 | |
michael@0 | 277 | 6. Versions of the License. |
michael@0 | 278 | |
michael@0 | 279 | 6.1. New Versions. |
michael@0 | 280 | Netscape Communications Corporation ("Netscape") may publish revised |
michael@0 | 281 | and/or new versions of the License from time to time. Each version |
michael@0 | 282 | will be given a distinguishing version number. |
michael@0 | 283 | |
michael@0 | 284 | 6.2. Effect of New Versions. |
michael@0 | 285 | Once Covered Code has been published under a particular version of the |
michael@0 | 286 | License, You may always continue to use it under the terms of that |
michael@0 | 287 | version. You may also choose to use such Covered Code under the terms |
michael@0 | 288 | of any subsequent version of the License published by Netscape. No one |
michael@0 | 289 | other than Netscape has the right to modify the terms applicable to |
michael@0 | 290 | Covered Code created under this License. |
michael@0 | 291 | |
michael@0 | 292 | 6.3. Derivative Works. |
michael@0 | 293 | If You create or use a modified version of this License (which you may |
michael@0 | 294 | only do in order to apply it to code which is not already Covered Code |
michael@0 | 295 | governed by this License), You must (a) rename Your license so that |
michael@0 | 296 | the phrases "Mozilla", "MOZILLAPL", "MOZPL", "Netscape", |
michael@0 | 297 | "MPL", "NPL" or any confusingly similar phrase do not appear in your |
michael@0 | 298 | license (except to note that your license differs from this License) |
michael@0 | 299 | and (b) otherwise make it clear that Your version of the license |
michael@0 | 300 | contains terms which differ from the Mozilla Public License and |
michael@0 | 301 | Netscape Public License. (Filling in the name of the Initial |
michael@0 | 302 | Developer, Original Code or Contributor in the notice described in |
michael@0 | 303 | Exhibit A shall not of themselves be deemed to be modifications of |
michael@0 | 304 | this License.) |
michael@0 | 305 | |
michael@0 | 306 | 7. DISCLAIMER OF WARRANTY. |
michael@0 | 307 | |
michael@0 | 308 | COVERED CODE IS PROVIDED UNDER THIS LICENSE ON AN "AS IS" BASIS, |
michael@0 | 309 | WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING, |
michael@0 | 310 | WITHOUT LIMITATION, WARRANTIES THAT THE COVERED CODE IS FREE OF |
michael@0 | 311 | DEFECTS, MERCHANTABLE, FIT FOR A PARTICULAR PURPOSE OR NON-INFRINGING. |
michael@0 | 312 | THE ENTIRE RISK AS TO THE QUALITY AND PERFORMANCE OF THE COVERED CODE |
michael@0 | 313 | IS WITH YOU. SHOULD ANY COVERED CODE PROVE DEFECTIVE IN ANY RESPECT, |
michael@0 | 314 | YOU (NOT THE INITIAL DEVELOPER OR ANY OTHER CONTRIBUTOR) ASSUME THE |
michael@0 | 315 | COST OF ANY NECESSARY SERVICING, REPAIR OR CORRECTION. THIS DISCLAIMER |
michael@0 | 316 | OF WARRANTY CONSTITUTES AN ESSENTIAL PART OF THIS LICENSE. NO USE OF |
michael@0 | 317 | ANY COVERED CODE IS AUTHORIZED HEREUNDER EXCEPT UNDER THIS DISCLAIMER. |
michael@0 | 318 | |
michael@0 | 319 | 8. TERMINATION. |
michael@0 | 320 | |
michael@0 | 321 | 8.1. This License and the rights granted hereunder will terminate |
michael@0 | 322 | automatically if You fail to comply with terms herein and fail to cure |
michael@0 | 323 | such breach within 30 days of becoming aware of the breach. All |
michael@0 | 324 | sublicenses to the Covered Code which are properly granted shall |
michael@0 | 325 | survive any termination of this License. Provisions which, by their |
michael@0 | 326 | nature, must remain in effect beyond the termination of this License |
michael@0 | 327 | shall survive. |
michael@0 | 328 | |
michael@0 | 329 | 8.2. If You initiate litigation by asserting a patent infringement |
michael@0 | 330 | claim (excluding declatory judgment actions) against Initial Developer |
michael@0 | 331 | or a Contributor (the Initial Developer or Contributor against whom |
michael@0 | 332 | You file such action is referred to as "Participant") alleging that: |
michael@0 | 333 | |
michael@0 | 334 | (a) such Participant's Contributor Version directly or indirectly |
michael@0 | 335 | infringes any patent, then any and all rights granted by such |
michael@0 | 336 | Participant to You under Sections 2.1 and/or 2.2 of this License |
michael@0 | 337 | shall, upon 60 days notice from Participant terminate prospectively, |
michael@0 | 338 | unless if within 60 days after receipt of notice You either: (i) |
michael@0 | 339 | agree in writing to pay Participant a mutually agreeable reasonable |
michael@0 | 340 | royalty for Your past and future use of Modifications made by such |
michael@0 | 341 | Participant, or (ii) withdraw Your litigation claim with respect to |
michael@0 | 342 | the Contributor Version against such Participant. If within 60 days |
michael@0 | 343 | of notice, a reasonable royalty and payment arrangement are not |
michael@0 | 344 | mutually agreed upon in writing by the parties or the litigation claim |
michael@0 | 345 | is not withdrawn, the rights granted by Participant to You under |
michael@0 | 346 | Sections 2.1 and/or 2.2 automatically terminate at the expiration of |
michael@0 | 347 | the 60 day notice period specified above. |
michael@0 | 348 | |
michael@0 | 349 | (b) any software, hardware, or device, other than such Participant's |
michael@0 | 350 | Contributor Version, directly or indirectly infringes any patent, then |
michael@0 | 351 | any rights granted to You by such Participant under Sections 2.1(b) |
michael@0 | 352 | and 2.2(b) are revoked effective as of the date You first made, used, |
michael@0 | 353 | sold, distributed, or had made, Modifications made by that |
michael@0 | 354 | Participant. |
michael@0 | 355 | |
michael@0 | 356 | 8.3. If You assert a patent infringement claim against Participant |
michael@0 | 357 | alleging that such Participant's Contributor Version directly or |
michael@0 | 358 | indirectly infringes any patent where such claim is resolved (such as |
michael@0 | 359 | by license or settlement) prior to the initiation of patent |
michael@0 | 360 | infringement litigation, then the reasonable value of the licenses |
michael@0 | 361 | granted by such Participant under Sections 2.1 or 2.2 shall be taken |
michael@0 | 362 | into account in determining the amount or value of any payment or |
michael@0 | 363 | license. |
michael@0 | 364 | |
michael@0 | 365 | 8.4. In the event of termination under Sections 8.1 or 8.2 above, |
michael@0 | 366 | all end user license agreements (excluding distributors and resellers) |
michael@0 | 367 | which have been validly granted by You or any distributor hereunder |
michael@0 | 368 | prior to termination shall survive termination. |
michael@0 | 369 | |
michael@0 | 370 | 9. LIMITATION OF LIABILITY. |
michael@0 | 371 | |
michael@0 | 372 | UNDER NO CIRCUMSTANCES AND UNDER NO LEGAL THEORY, WHETHER TORT |
michael@0 | 373 | (INCLUDING NEGLIGENCE), CONTRACT, OR OTHERWISE, SHALL YOU, THE INITIAL |
michael@0 | 374 | DEVELOPER, ANY OTHER CONTRIBUTOR, OR ANY DISTRIBUTOR OF COVERED CODE, |
michael@0 | 375 | OR ANY SUPPLIER OF ANY OF SUCH PARTIES, BE LIABLE TO ANY PERSON FOR |
michael@0 | 376 | ANY INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES OF ANY |
michael@0 | 377 | CHARACTER INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF GOODWILL, |
michael@0 | 378 | WORK STOPPAGE, COMPUTER FAILURE OR MALFUNCTION, OR ANY AND ALL OTHER |
michael@0 | 379 | COMMERCIAL DAMAGES OR LOSSES, EVEN IF SUCH PARTY SHALL HAVE BEEN |
michael@0 | 380 | INFORMED OF THE POSSIBILITY OF SUCH DAMAGES. THIS LIMITATION OF |
michael@0 | 381 | LIABILITY SHALL NOT APPLY TO LIABILITY FOR DEATH OR PERSONAL INJURY |
michael@0 | 382 | RESULTING FROM SUCH PARTY'S NEGLIGENCE TO THE EXTENT APPLICABLE LAW |
michael@0 | 383 | PROHIBITS SUCH LIMITATION. SOME JURISDICTIONS DO NOT ALLOW THE |
michael@0 | 384 | EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO |
michael@0 | 385 | THIS EXCLUSION AND LIMITATION MAY NOT APPLY TO YOU. |
michael@0 | 386 | |
michael@0 | 387 | 10. U.S. GOVERNMENT END USERS. |
michael@0 | 388 | |
michael@0 | 389 | The Covered Code is a "commercial item," as that term is defined in |
michael@0 | 390 | 48 C.F.R. 2.101 (Oct. 1995), consisting of "commercial computer |
michael@0 | 391 | software" and "commercial computer software documentation," as such |
michael@0 | 392 | terms are used in 48 C.F.R. 12.212 (Sept. 1995). Consistent with 48 |
michael@0 | 393 | C.F.R. 12.212 and 48 C.F.R. 227.7202-1 through 227.7202-4 (June 1995), |
michael@0 | 394 | all U.S. Government End Users acquire Covered Code with only those |
michael@0 | 395 | rights set forth herein. |
michael@0 | 396 | |
michael@0 | 397 | 11. MISCELLANEOUS. |
michael@0 | 398 | |
michael@0 | 399 | This License represents the complete agreement concerning subject |
michael@0 | 400 | matter hereof. If any provision of this License is held to be |
michael@0 | 401 | unenforceable, such provision shall be reformed only to the extent |
michael@0 | 402 | necessary to make it enforceable. This License shall be governed by |
michael@0 | 403 | California law provisions (except to the extent applicable law, if |
michael@0 | 404 | any, provides otherwise), excluding its conflict-of-law provisions. |
michael@0 | 405 | With respect to disputes in which at least one party is a citizen of, |
michael@0 | 406 | or an entity chartered or registered to do business in the United |
michael@0 | 407 | States of America, any litigation relating to this License shall be |
michael@0 | 408 | subject to the jurisdiction of the Federal Courts of the Northern |
michael@0 | 409 | District of California, with venue lying in Santa Clara County, |
michael@0 | 410 | California, with the losing party responsible for costs, including |
michael@0 | 411 | without limitation, court costs and reasonable attorneys' fees and |
michael@0 | 412 | expenses. The application of the United Nations Convention on |
michael@0 | 413 | Contracts for the International Sale of Goods is expressly excluded. |
michael@0 | 414 | Any law or regulation which provides that the language of a contract |
michael@0 | 415 | shall be construed against the drafter shall not apply to this |
michael@0 | 416 | License. |
michael@0 | 417 | |
michael@0 | 418 | 12. RESPONSIBILITY FOR CLAIMS. |
michael@0 | 419 | |
michael@0 | 420 | As between Initial Developer and the Contributors, each party is |
michael@0 | 421 | responsible for claims and damages arising, directly or indirectly, |
michael@0 | 422 | out of its utilization of rights under this License and You agree to |
michael@0 | 423 | work with Initial Developer and Contributors to distribute such |
michael@0 | 424 | responsibility on an equitable basis. Nothing herein is intended or |
michael@0 | 425 | shall be deemed to constitute any admission of liability. |
michael@0 | 426 | |
michael@0 | 427 | 13. MULTIPLE-LICENSED CODE. |
michael@0 | 428 | |
michael@0 | 429 | Initial Developer may designate portions of the Covered Code as |
michael@0 | 430 | "Multiple-Licensed". "Multiple-Licensed" means that the Initial |
michael@0 | 431 | Developer permits you to utilize portions of the Covered Code under |
michael@0 | 432 | Your choice of the NPL or the alternative licenses, if any, specified |
michael@0 | 433 | by the Initial Developer in the file described in Exhibit A. |
michael@0 | 434 | |
michael@0 | 435 | EXHIBIT A -Mozilla Public License. |
michael@0 | 436 | |
michael@0 | 437 | ``The contents of this file are subject to the Mozilla Public License |
michael@0 | 438 | Version 1.1 (the "License"); you may not use this file except in |
michael@0 | 439 | compliance with the License. You may obtain a copy of the License at |
michael@0 | 440 | http://www.mozilla.org/MPL/ |
michael@0 | 441 | |
michael@0 | 442 | Software distributed under the License is distributed on an "AS IS" |
michael@0 | 443 | basis, WITHOUT WARRANTY OF ANY KIND, either express or implied. See the |
michael@0 | 444 | License for the specific language governing rights and limitations |
michael@0 | 445 | under the License. |
michael@0 | 446 | |
michael@0 | 447 | The Original Code is ______________________________________. |
michael@0 | 448 | |
michael@0 | 449 | The Initial Developer of the Original Code is ________________________. |
michael@0 | 450 | Portions created by ______________________ are Copyright (C) ______ |
michael@0 | 451 | _______________________. All Rights Reserved. |
michael@0 | 452 | |
michael@0 | 453 | Contributor(s): ______________________________________. |
michael@0 | 454 | |
michael@0 | 455 | Alternatively, the contents of this file may be used under the terms |
michael@0 | 456 | of the _____ license (the "[___] License"), in which case the |
michael@0 | 457 | provisions of [______] License are applicable instead of those |
michael@0 | 458 | above. If you wish to allow use of your version of this file only |
michael@0 | 459 | under the terms of the [____] License and not to allow others to use |
michael@0 | 460 | your version of this file under the MPL, indicate your decision by |
michael@0 | 461 | deleting the provisions above and replace them with the notice and |
michael@0 | 462 | other provisions required by the [___] License. If you do not delete |
michael@0 | 463 | the provisions above, a recipient may use your version of this file |
michael@0 | 464 | under either the MPL or the [___] License." |
michael@0 | 465 | |
michael@0 | 466 | [NOTE: The text of this Exhibit A may differ slightly from the text of |
michael@0 | 467 | the notices in the Source Code files of the Original Code. You should |
michael@0 | 468 | use the text of this Exhibit A rather than the text found in the |
michael@0 | 469 | Original Code Source Code for Your Modifications.] |
michael@0 | 470 |