michael@0: MOZILLA PUBLIC LICENSE michael@0: Version 1.1 michael@0: michael@0: --------------- michael@0: michael@0: 1. Definitions. michael@0: michael@0: 1.0.1. "Commercial Use" means distribution or otherwise making the michael@0: Covered Code available to a third party. michael@0: michael@0: 1.1. "Contributor" means each entity that creates or contributes to michael@0: the creation of Modifications. michael@0: michael@0: 1.2. "Contributor Version" means the combination of the Original michael@0: Code, prior Modifications used by a Contributor, and the Modifications michael@0: made by that particular Contributor. michael@0: michael@0: 1.3. "Covered Code" means the Original Code or Modifications or the michael@0: combination of the Original Code and Modifications, in each case michael@0: including portions thereof. michael@0: michael@0: 1.4. "Electronic Distribution Mechanism" means a mechanism generally michael@0: accepted in the software development community for the electronic michael@0: transfer of data. michael@0: michael@0: 1.5. "Executable" means Covered Code in any form other than Source michael@0: Code. michael@0: michael@0: 1.6. "Initial Developer" means the individual or entity identified michael@0: as the Initial Developer in the Source Code notice required by Exhibit michael@0: A. michael@0: michael@0: 1.7. "Larger Work" means a work which combines Covered Code or michael@0: portions thereof with code not governed by the terms of this License. michael@0: michael@0: 1.8. "License" means this document. michael@0: michael@0: 1.8.1. "Licensable" means having the right to grant, to the maximum michael@0: extent possible, whether at the time of the initial grant or michael@0: subsequently acquired, any and all of the rights conveyed herein. michael@0: michael@0: 1.9. "Modifications" means any addition to or deletion from the michael@0: substance or structure of either the Original Code or any previous michael@0: Modifications. When Covered Code is released as a series of files, a michael@0: Modification is: michael@0: A. Any addition to or deletion from the contents of a file michael@0: containing Original Code or previous Modifications. michael@0: michael@0: B. Any new file that contains any part of the Original Code or michael@0: previous Modifications. michael@0: michael@0: 1.10. "Original Code" means Source Code of computer software code michael@0: which is described in the Source Code notice required by Exhibit A as michael@0: Original Code, and which, at the time of its release under this michael@0: License is not already Covered Code governed by this License. michael@0: michael@0: 1.10.1. "Patent Claims" means any patent claim(s), now owned or michael@0: hereafter acquired, including without limitation, method, process, michael@0: and apparatus claims, in any patent Licensable by grantor. michael@0: michael@0: 1.11. "Source Code" means the preferred form of the Covered Code for michael@0: making modifications to it, including all modules it contains, plus michael@0: any associated interface definition files, scripts used to control michael@0: compilation and installation of an Executable, or source code michael@0: differential comparisons against either the Original Code or another michael@0: well known, available Covered Code of the Contributor's choice. The michael@0: Source Code can be in a compressed or archival form, provided the michael@0: appropriate decompression or de-archiving software is widely available michael@0: for no charge. michael@0: michael@0: 1.12. "You" (or "Your") means an individual or a legal entity michael@0: exercising rights under, and complying with all of the terms of, this michael@0: License or a future version of this License issued under Section 6.1. michael@0: For legal entities, "You" includes any entity which controls, is michael@0: controlled by, or is under common control with You. For purposes of michael@0: this definition, "control" means (a) the power, direct or indirect, michael@0: to cause the direction or management of such entity, whether by michael@0: contract or otherwise, or (b) ownership of more than fifty percent michael@0: (50%) of the outstanding shares or beneficial ownership of such michael@0: entity. michael@0: michael@0: 2. Source Code License. michael@0: michael@0: 2.1. The Initial Developer Grant. michael@0: The Initial Developer hereby grants You a world-wide, royalty-free, michael@0: non-exclusive license, subject to third party intellectual property michael@0: claims: michael@0: (a) under intellectual property rights (other than patent or michael@0: trademark) Licensable by Initial Developer to use, reproduce, michael@0: modify, display, perform, sublicense and distribute the Original michael@0: Code (or portions thereof) with or without Modifications, and/or michael@0: as part of a Larger Work; and michael@0: michael@0: (b) under Patents Claims infringed by the making, using or michael@0: selling of Original Code, to make, have made, use, practice, michael@0: sell, and offer for sale, and/or otherwise dispose of the michael@0: Original Code (or portions thereof). michael@0: michael@0: (c) the licenses granted in this Section 2.1(a) and (b) are michael@0: effective on the date Initial Developer first distributes michael@0: Original Code under the terms of this License. michael@0: michael@0: (d) Notwithstanding Section 2.1(b) above, no patent license is michael@0: granted: 1) for code that You delete from the Original Code; 2) michael@0: separate from the Original Code; or 3) for infringements caused michael@0: by: i) the modification of the Original Code or ii) the michael@0: combination of the Original Code with other software or devices. michael@0: michael@0: 2.2. Contributor Grant. michael@0: Subject to third party intellectual property claims, each Contributor michael@0: hereby grants You a world-wide, royalty-free, non-exclusive license michael@0: michael@0: (a) under intellectual property rights (other than patent or michael@0: trademark) Licensable by Contributor, to use, reproduce, modify, michael@0: display, perform, sublicense and distribute the Modifications michael@0: created by such Contributor (or portions thereof) either on an michael@0: unmodified basis, with other Modifications, as Covered Code michael@0: and/or as part of a Larger Work; and michael@0: michael@0: (b) under Patent Claims infringed by the making, using, or michael@0: selling of Modifications made by that Contributor either alone michael@0: and/or in combination with its Contributor Version (or portions michael@0: of such combination), to make, use, sell, offer for sale, have michael@0: made, and/or otherwise dispose of: 1) Modifications made by that michael@0: Contributor (or portions thereof); and 2) the combination of michael@0: Modifications made by that Contributor with its Contributor michael@0: Version (or portions of such combination). michael@0: michael@0: (c) the licenses granted in Sections 2.2(a) and 2.2(b) are michael@0: effective on the date Contributor first makes Commercial Use of michael@0: the Covered Code. michael@0: michael@0: (d) Notwithstanding Section 2.2(b) above, no patent license is michael@0: granted: 1) for any code that Contributor has deleted from the michael@0: Contributor Version; 2) separate from the Contributor Version; michael@0: 3) for infringements caused by: i) third party modifications of michael@0: Contributor Version or ii) the combination of Modifications made michael@0: by that Contributor with other software (except as part of the michael@0: Contributor Version) or other devices; or 4) under Patent Claims michael@0: infringed by Covered Code in the absence of Modifications made by michael@0: that Contributor. michael@0: michael@0: 3. Distribution Obligations. michael@0: michael@0: 3.1. Application of License. michael@0: The Modifications which You create or to which You contribute are michael@0: governed by the terms of this License, including without limitation michael@0: Section 2.2. The Source Code version of Covered Code may be michael@0: distributed only under the terms of this License or a future version michael@0: of this License released under Section 6.1, and You must include a michael@0: copy of this License with every copy of the Source Code You michael@0: distribute. You may not offer or impose any terms on any Source Code michael@0: version that alters or restricts the applicable version of this michael@0: License or the recipients' rights hereunder. However, You may include michael@0: an additional document offering the additional rights described in michael@0: Section 3.5. michael@0: michael@0: 3.2. Availability of Source Code. michael@0: Any Modification which You create or to which You contribute must be michael@0: made available in Source Code form under the terms of this License michael@0: either on the same media as an Executable version or via an accepted michael@0: Electronic Distribution Mechanism to anyone to whom you made an michael@0: Executable version available; and if made available via Electronic michael@0: Distribution Mechanism, must remain available for at least twelve (12) michael@0: months after the date it initially became available, or at least six michael@0: (6) months after a subsequent version of that particular Modification michael@0: has been made available to such recipients. You are responsible for michael@0: ensuring that the Source Code version remains available even if the michael@0: Electronic Distribution Mechanism is maintained by a third party. michael@0: michael@0: 3.3. Description of Modifications. michael@0: You must cause all Covered Code to which You contribute to contain a michael@0: file documenting the changes You made to create that Covered Code and michael@0: the date of any change. You must include a prominent statement that michael@0: the Modification is derived, directly or indirectly, from Original michael@0: Code provided by the Initial Developer and including the name of the michael@0: Initial Developer in (a) the Source Code, and (b) in any notice in an michael@0: Executable version or related documentation in which You describe the michael@0: origin or ownership of the Covered Code. michael@0: michael@0: 3.4. Intellectual Property Matters michael@0: (a) Third Party Claims. michael@0: If Contributor has knowledge that a license under a third party's michael@0: intellectual property rights is required to exercise the rights michael@0: granted by such Contributor under Sections 2.1 or 2.2, michael@0: Contributor must include a text file with the Source Code michael@0: distribution titled "LEGAL" which describes the claim and the michael@0: party making the claim in sufficient detail that a recipient will michael@0: know whom to contact. If Contributor obtains such knowledge after michael@0: the Modification is made available as described in Section 3.2, michael@0: Contributor shall promptly modify the LEGAL file in all copies michael@0: Contributor makes available thereafter and shall take other steps michael@0: (such as notifying appropriate mailing lists or newsgroups) michael@0: reasonably calculated to inform those who received the Covered michael@0: Code that new knowledge has been obtained. michael@0: michael@0: (b) Contributor APIs. michael@0: If Contributor's Modifications include an application programming michael@0: interface and Contributor has knowledge of patent licenses which michael@0: are reasonably necessary to implement that API, Contributor must michael@0: also include this information in the LEGAL file. michael@0: michael@0: (c) Representations. michael@0: Contributor represents that, except as disclosed pursuant to michael@0: Section 3.4(a) above, Contributor believes that Contributor's michael@0: Modifications are Contributor's original creation(s) and/or michael@0: Contributor has sufficient rights to grant the rights conveyed by michael@0: this License. michael@0: michael@0: 3.5. Required Notices. michael@0: You must duplicate the notice in Exhibit A in each file of the Source michael@0: Code. If it is not possible to put such notice in a particular Source michael@0: Code file due to its structure, then You must include such notice in a michael@0: location (such as a relevant directory) where a user would be likely michael@0: to look for such a notice. If You created one or more Modification(s) michael@0: You may add your name as a Contributor to the notice described in michael@0: Exhibit A. You must also duplicate this License in any documentation michael@0: for the Source Code where You describe recipients' rights or ownership michael@0: rights relating to Covered Code. You may choose to offer, and to michael@0: charge a fee for, warranty, support, indemnity or liability michael@0: obligations to one or more recipients of Covered Code. However, You michael@0: may do so only on Your own behalf, and not on behalf of the Initial michael@0: Developer or any Contributor. You must make it absolutely clear than michael@0: any such warranty, support, indemnity or liability obligation is michael@0: offered by You alone, and You hereby agree to indemnify the Initial michael@0: Developer and every Contributor for any liability incurred by the michael@0: Initial Developer or such Contributor as a result of warranty, michael@0: support, indemnity or liability terms You offer. michael@0: michael@0: 3.6. Distribution of Executable Versions. michael@0: You may distribute Covered Code in Executable form only if the michael@0: requirements of Section 3.1-3.5 have been met for that Covered Code, michael@0: and if You include a notice stating that the Source Code version of michael@0: the Covered Code is available under the terms of this License, michael@0: including a description of how and where You have fulfilled the michael@0: obligations of Section 3.2. The notice must be conspicuously included michael@0: in any notice in an Executable version, related documentation or michael@0: collateral in which You describe recipients' rights relating to the michael@0: Covered Code. You may distribute the Executable version of Covered michael@0: Code or ownership rights under a license of Your choice, which may michael@0: contain terms different from this License, provided that You are in michael@0: compliance with the terms of this License and that the license for the michael@0: Executable version does not attempt to limit or alter the recipient's michael@0: rights in the Source Code version from the rights set forth in this michael@0: License. If You distribute the Executable version under a different michael@0: license You must make it absolutely clear that any terms which differ michael@0: from this License are offered by You alone, not by the Initial michael@0: Developer or any Contributor. You hereby agree to indemnify the michael@0: Initial Developer and every Contributor for any liability incurred by michael@0: the Initial Developer or such Contributor as a result of any such michael@0: terms You offer. michael@0: michael@0: 3.7. Larger Works. michael@0: You may create a Larger Work by combining Covered Code with other code michael@0: not governed by the terms of this License and distribute the Larger michael@0: Work as a single product. In such a case, You must make sure the michael@0: requirements of this License are fulfilled for the Covered Code. michael@0: michael@0: 4. Inability to Comply Due to Statute or Regulation. michael@0: michael@0: If it is impossible for You to comply with any of the terms of this michael@0: License with respect to some or all of the Covered Code due to michael@0: statute, judicial order, or regulation then You must: (a) comply with michael@0: the terms of this License to the maximum extent possible; and (b) michael@0: describe the limitations and the code they affect. Such description michael@0: must be included in the LEGAL file described in Section 3.4 and must michael@0: be included with all distributions of the Source Code. Except to the michael@0: extent prohibited by statute or regulation, such description must be michael@0: sufficiently detailed for a recipient of ordinary skill to be able to michael@0: understand it. michael@0: michael@0: 5. Application of this License. michael@0: michael@0: This License applies to code to which the Initial Developer has michael@0: attached the notice in Exhibit A and to related Covered Code. michael@0: michael@0: 6. Versions of the License. michael@0: michael@0: 6.1. New Versions. michael@0: Netscape Communications Corporation ("Netscape") may publish revised michael@0: and/or new versions of the License from time to time. Each version michael@0: will be given a distinguishing version number. michael@0: michael@0: 6.2. Effect of New Versions. michael@0: Once Covered Code has been published under a particular version of the michael@0: License, You may always continue to use it under the terms of that michael@0: version. You may also choose to use such Covered Code under the terms michael@0: of any subsequent version of the License published by Netscape. No one michael@0: other than Netscape has the right to modify the terms applicable to michael@0: Covered Code created under this License. michael@0: michael@0: 6.3. Derivative Works. michael@0: If You create or use a modified version of this License (which you may michael@0: only do in order to apply it to code which is not already Covered Code michael@0: governed by this License), You must (a) rename Your license so that michael@0: the phrases "Mozilla", "MOZILLAPL", "MOZPL", "Netscape", michael@0: "MPL", "NPL" or any confusingly similar phrase do not appear in your michael@0: license (except to note that your license differs from this License) michael@0: and (b) otherwise make it clear that Your version of the license michael@0: contains terms which differ from the Mozilla Public License and michael@0: Netscape Public License. (Filling in the name of the Initial michael@0: Developer, Original Code or Contributor in the notice described in michael@0: Exhibit A shall not of themselves be deemed to be modifications of michael@0: this License.) michael@0: michael@0: 7. DISCLAIMER OF WARRANTY. michael@0: michael@0: COVERED CODE IS PROVIDED UNDER THIS LICENSE ON AN "AS IS" BASIS, michael@0: WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING, michael@0: WITHOUT LIMITATION, WARRANTIES THAT THE COVERED CODE IS FREE OF michael@0: DEFECTS, MERCHANTABLE, FIT FOR A PARTICULAR PURPOSE OR NON-INFRINGING. michael@0: THE ENTIRE RISK AS TO THE QUALITY AND PERFORMANCE OF THE COVERED CODE michael@0: IS WITH YOU. SHOULD ANY COVERED CODE PROVE DEFECTIVE IN ANY RESPECT, michael@0: YOU (NOT THE INITIAL DEVELOPER OR ANY OTHER CONTRIBUTOR) ASSUME THE michael@0: COST OF ANY NECESSARY SERVICING, REPAIR OR CORRECTION. THIS DISCLAIMER michael@0: OF WARRANTY CONSTITUTES AN ESSENTIAL PART OF THIS LICENSE. NO USE OF michael@0: ANY COVERED CODE IS AUTHORIZED HEREUNDER EXCEPT UNDER THIS DISCLAIMER. michael@0: michael@0: 8. TERMINATION. michael@0: michael@0: 8.1. This License and the rights granted hereunder will terminate michael@0: automatically if You fail to comply with terms herein and fail to cure michael@0: such breach within 30 days of becoming aware of the breach. All michael@0: sublicenses to the Covered Code which are properly granted shall michael@0: survive any termination of this License. Provisions which, by their michael@0: nature, must remain in effect beyond the termination of this License michael@0: shall survive. michael@0: michael@0: 8.2. If You initiate litigation by asserting a patent infringement michael@0: claim (excluding declatory judgment actions) against Initial Developer michael@0: or a Contributor (the Initial Developer or Contributor against whom michael@0: You file such action is referred to as "Participant") alleging that: michael@0: michael@0: (a) such Participant's Contributor Version directly or indirectly michael@0: infringes any patent, then any and all rights granted by such michael@0: Participant to You under Sections 2.1 and/or 2.2 of this License michael@0: shall, upon 60 days notice from Participant terminate prospectively, michael@0: unless if within 60 days after receipt of notice You either: (i) michael@0: agree in writing to pay Participant a mutually agreeable reasonable michael@0: royalty for Your past and future use of Modifications made by such michael@0: Participant, or (ii) withdraw Your litigation claim with respect to michael@0: the Contributor Version against such Participant. If within 60 days michael@0: of notice, a reasonable royalty and payment arrangement are not michael@0: mutually agreed upon in writing by the parties or the litigation claim michael@0: is not withdrawn, the rights granted by Participant to You under michael@0: Sections 2.1 and/or 2.2 automatically terminate at the expiration of michael@0: the 60 day notice period specified above. michael@0: michael@0: (b) any software, hardware, or device, other than such Participant's michael@0: Contributor Version, directly or indirectly infringes any patent, then michael@0: any rights granted to You by such Participant under Sections 2.1(b) michael@0: and 2.2(b) are revoked effective as of the date You first made, used, michael@0: sold, distributed, or had made, Modifications made by that michael@0: Participant. michael@0: michael@0: 8.3. If You assert a patent infringement claim against Participant michael@0: alleging that such Participant's Contributor Version directly or michael@0: indirectly infringes any patent where such claim is resolved (such as michael@0: by license or settlement) prior to the initiation of patent michael@0: infringement litigation, then the reasonable value of the licenses michael@0: granted by such Participant under Sections 2.1 or 2.2 shall be taken michael@0: into account in determining the amount or value of any payment or michael@0: license. michael@0: michael@0: 8.4. In the event of termination under Sections 8.1 or 8.2 above, michael@0: all end user license agreements (excluding distributors and resellers) michael@0: which have been validly granted by You or any distributor hereunder michael@0: prior to termination shall survive termination. michael@0: michael@0: 9. LIMITATION OF LIABILITY. michael@0: michael@0: UNDER NO CIRCUMSTANCES AND UNDER NO LEGAL THEORY, WHETHER TORT michael@0: (INCLUDING NEGLIGENCE), CONTRACT, OR OTHERWISE, SHALL YOU, THE INITIAL michael@0: DEVELOPER, ANY OTHER CONTRIBUTOR, OR ANY DISTRIBUTOR OF COVERED CODE, michael@0: OR ANY SUPPLIER OF ANY OF SUCH PARTIES, BE LIABLE TO ANY PERSON FOR michael@0: ANY INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES OF ANY michael@0: CHARACTER INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF GOODWILL, michael@0: WORK STOPPAGE, COMPUTER FAILURE OR MALFUNCTION, OR ANY AND ALL OTHER michael@0: COMMERCIAL DAMAGES OR LOSSES, EVEN IF SUCH PARTY SHALL HAVE BEEN michael@0: INFORMED OF THE POSSIBILITY OF SUCH DAMAGES. THIS LIMITATION OF michael@0: LIABILITY SHALL NOT APPLY TO LIABILITY FOR DEATH OR PERSONAL INJURY michael@0: RESULTING FROM SUCH PARTY'S NEGLIGENCE TO THE EXTENT APPLICABLE LAW michael@0: PROHIBITS SUCH LIMITATION. SOME JURISDICTIONS DO NOT ALLOW THE michael@0: EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO michael@0: THIS EXCLUSION AND LIMITATION MAY NOT APPLY TO YOU. michael@0: michael@0: 10. U.S. GOVERNMENT END USERS. michael@0: michael@0: The Covered Code is a "commercial item," as that term is defined in michael@0: 48 C.F.R. 2.101 (Oct. 1995), consisting of "commercial computer michael@0: software" and "commercial computer software documentation," as such michael@0: terms are used in 48 C.F.R. 12.212 (Sept. 1995). Consistent with 48 michael@0: C.F.R. 12.212 and 48 C.F.R. 227.7202-1 through 227.7202-4 (June 1995), michael@0: all U.S. Government End Users acquire Covered Code with only those michael@0: rights set forth herein. michael@0: michael@0: 11. MISCELLANEOUS. michael@0: michael@0: This License represents the complete agreement concerning subject michael@0: matter hereof. If any provision of this License is held to be michael@0: unenforceable, such provision shall be reformed only to the extent michael@0: necessary to make it enforceable. This License shall be governed by michael@0: California law provisions (except to the extent applicable law, if michael@0: any, provides otherwise), excluding its conflict-of-law provisions. michael@0: With respect to disputes in which at least one party is a citizen of, michael@0: or an entity chartered or registered to do business in the United michael@0: States of America, any litigation relating to this License shall be michael@0: subject to the jurisdiction of the Federal Courts of the Northern michael@0: District of California, with venue lying in Santa Clara County, michael@0: California, with the losing party responsible for costs, including michael@0: without limitation, court costs and reasonable attorneys' fees and michael@0: expenses. The application of the United Nations Convention on michael@0: Contracts for the International Sale of Goods is expressly excluded. michael@0: Any law or regulation which provides that the language of a contract michael@0: shall be construed against the drafter shall not apply to this michael@0: License. michael@0: michael@0: 12. RESPONSIBILITY FOR CLAIMS. michael@0: michael@0: As between Initial Developer and the Contributors, each party is michael@0: responsible for claims and damages arising, directly or indirectly, michael@0: out of its utilization of rights under this License and You agree to michael@0: work with Initial Developer and Contributors to distribute such michael@0: responsibility on an equitable basis. Nothing herein is intended or michael@0: shall be deemed to constitute any admission of liability. michael@0: michael@0: 13. MULTIPLE-LICENSED CODE. michael@0: michael@0: Initial Developer may designate portions of the Covered Code as michael@0: "Multiple-Licensed". "Multiple-Licensed" means that the Initial michael@0: Developer permits you to utilize portions of the Covered Code under michael@0: Your choice of the NPL or the alternative licenses, if any, specified michael@0: by the Initial Developer in the file described in Exhibit A. michael@0: michael@0: EXHIBIT A -Mozilla Public License. michael@0: michael@0: ``The contents of this file are subject to the Mozilla Public License michael@0: Version 1.1 (the "License"); you may not use this file except in michael@0: compliance with the License. You may obtain a copy of the License at michael@0: http://www.mozilla.org/MPL/ michael@0: michael@0: Software distributed under the License is distributed on an "AS IS" michael@0: basis, WITHOUT WARRANTY OF ANY KIND, either express or implied. See the michael@0: License for the specific language governing rights and limitations michael@0: under the License. michael@0: michael@0: The Original Code is ______________________________________. michael@0: michael@0: The Initial Developer of the Original Code is ________________________. michael@0: Portions created by ______________________ are Copyright (C) ______ michael@0: _______________________. All Rights Reserved. michael@0: michael@0: Contributor(s): ______________________________________. michael@0: michael@0: Alternatively, the contents of this file may be used under the terms michael@0: of the _____ license (the "[___] License"), in which case the michael@0: provisions of [______] License are applicable instead of those michael@0: above. If you wish to allow use of your version of this file only michael@0: under the terms of the [____] License and not to allow others to use michael@0: your version of this file under the MPL, indicate your decision by michael@0: deleting the provisions above and replace them with the notice and michael@0: other provisions required by the [___] License. If you do not delete michael@0: the provisions above, a recipient may use your version of this file michael@0: under either the MPL or the [___] License." michael@0: michael@0: [NOTE: The text of this Exhibit A may differ slightly from the text of michael@0: the notices in the Source Code files of the Original Code. You should michael@0: use the text of this Exhibit A rather than the text found in the michael@0: Original Code Source Code for Your Modifications.] michael@0: