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1 Mozilla Public License 1.1 (MPL 1.1) 2 3 1. Definitions. 4 5 1.0.1. "Commercial Use" means distribution or 6 otherwise making the Covered Code available to a third 7 party. 8 9 1.1. ''Contributor'' means each entity that creates or 10 contributes to the creation of Modifications. 11 12 1.2. ''Contributor Version'' means the combination of 13 the Original Code, prior Modifications used by 14 a Contributor, and the Modifications made by that 15 particular Contributor. 16 17 1.3. ''Covered Code'' means the Original Code or 18 Modifications or the combination of the Original Code 19 and Modifications, in each case including portions 20 thereof. 21 22 1.4. ''Electronic Distribution Mechanism'' means a 23 mechanism generally accepted in the software 24 development community for the electronic transfer of 25 data. 26 27 1.5. ''Executable'' means Covered Code in any form 28 other than Source Code. 29 30 1.6. ''Initial Developer'' means the individual or 31 entity identified as the Initial Developer in the 32 Source Code notice required by Exhibit A. 33 34 1.7. ''Larger Work'' means a work which combines 35 Covered Code or portions thereof with code not 36 governed by the terms of this License. 37 38 1.8. ''License'' means this document. 39 40 1.8.1. "Licensable" means having the right to grant, 41 to the maximum extent possible, whether at the time of 42 the initial grant or subsequently acquired, any and 43 all of the rights conveyed herein. 44 45 1.9. ''Modifications'' means any addition to or 46 deletion from the substance or structure of either the 47 Original Code or any previous Modifications. When 48 Covered Code is released as a series of files, a 49 Modification is: 50 51 A. Any addition to or deletion from the contents 52 of a file containing Original Code or previous 53 Modifications. 54 55 B. Any new file that contains any part of the 56 Original Code or previous Modifications. 57 58 1.10. ''Original Code'' means Source Code of computer 59 software code which is described in the Source Code 60 notice required by Exhibit A as Original Code, and 61 which, at the time of its release under this License 62 is not already Covered Code governed by this License. 63 64 1.10.1. "Patent Claims" means any patent claim(s), now 65 owned or hereafter acquired, including without 66 limitation, method, process, and apparatus claims, in 67 any patent Licensable by grantor. 68 69 1.11. ''Source Code'' means the preferred form of the 70 Covered Code for making modifications to it, including 71 all modules it contains, plus any associated interface 72 definition files, scripts used to control compilation 73 and installation of an Executable, or source code 74 differential comparisons against either the Original 75 Code or another well known, available Covered Code of 76 the Contributor's choice. The Source Code can be in a 77 compressed or archival form, provided the appropriate 78 decompression or de-archiving software is widely 79 available for no charge. 80 81 1.12. "You'' (or "Your") means an individual or a 82 legal entity exercising rights under, and complying 83 with all of the terms of, this License or a future 84 version of this License issued under Section 6.1. For 85 legal entities, "You'' includes any entity which 86 controls, is controlled by, or is under common control 87 with You. For purposes of this definition, "control'' 88 means (a) the power, direct or indirect, to cause the 89 direction or management of such entity, whether by 90 contract or otherwise, or (b) ownership of more than 91 fifty percent (50%) of the outstanding shares or 92 beneficial ownership of such entity. 93 94 95 2. Source Code License. 96 97 2.1. The Initial Developer Grant. 98 The Initial Developer hereby grants You a world-wide, 99 royalty-free, non-exclusive license, subject to third 100 party intellectual property claims: 101 (a) under intellectual property rights (other 102 than patent or trademark) Licensable by Initial 103 Developer to use, reproduce, modify, display, 104 perform, sublicense and distribute the Original 105 Code (or portions thereof) with or without 106 Modifications, and/or as part of a Larger Work; 107 and 108 109 (b) under Patents Claims infringed by the making, 110 using or selling of Original Code, to make, have 111 made, use, practice, sell, and offer for sale, 112 and/or otherwise dispose of the Original Code (or 113 portions thereof). 114 115 (c) the licenses granted in this Section 2.1(a) 116 and (b) are effective on the date Initial 117 Developer first distributes Original Code under 118 the terms of this License. 119 120 (d) Notwithstanding Section 2.1(b) above, no 121 patent license is granted: 1) for code that You 122 delete from the Original Code; 2) separate from 123 the Original Code; or 3) for infringements 124 caused by: i) the modification of the Original 125 Code or ii) the combination of the Original Code 126 with other software or devices. 127 128 2.2. Contributor Grant. 129 Subject to third party intellectual property claims, 130 each Contributor hereby grants You a world-wide, 131 royalty-free, non-exclusive license 132 133 (a) under intellectual property rights (other 134 than patent or trademark) Licensable by 135 Contributor, to use, reproduce, modify, display, 136 perform, sublicense and distribute the 137 Modifications created by such Contributor (or 138 portions thereof) either on an unmodified basis, 139 with other Modifications, as Covered Code and/or 140 as part of a Larger Work; 141 and 142 143 (b) under Patent Claims infringed by the making, 144 using, or selling of Modifications made by that 145 Contributor either alone and/or in combination 146 with its Contributor Version (or portions of such 147 combination), to make, use, sell, offer for sale, 148 have made, and/or otherwise dispose of: 1) 149 Modifications made by that Contributor (or 150 portions thereof); and 2) the combination of 151 Modifications made by that Contributor with its 152 Contributor Version (or portions of such 153 combination). 154 155 (c) the licenses granted in Sections 2.2(a) and 156 2.2(b) are effective on the date Contributor 157 first makes Commercial Use of the Covered Code. 158 159 (d) Notwithstanding Section 2.2(b) above, no 160 patent license is granted: 1) for any code that 161 Contributor has deleted from the Contributor 162 Version; 2) separate from the Contributor 163 Version; 3) for infringements caused by: i) 164 third party modifications of Contributor Version 165 or ii) the combination of Modifications made by 166 that Contributor with other software (except as 167 part of the Contributor Version) or other 168 devices; or 4) under Patent Claims infringed by 169 Covered Code in the absence of Modifications made 170 by that Contributor. 171 172 173 3. Distribution Obligations. 174 175 3.1. Application of License. 176 The Modifications which You create or to which You 177 contribute are governed by the terms of this License, 178 including without limitation Section 2.2. The Source 179 Code version of Covered Code may be distributed only 180 under the terms of this License or a future version of 181 this License released under Section 6.1, and You must 182 include a copy of this License with every copy of the 183 Source Code You distribute. You may not offer or 184 impose any terms on any Source Code version that 185 alters or restricts the applicable version of this 186 License or the recipients' rights hereunder. However, 187 You may include an additional document offering the 188 additional rights described in Section 3.5. 189 190 3.2. Availability of Source Code. 191 Any Modification which You create or to which You 192 contribute must be made available in Source Code form 193 under the terms of this License either on the same 194 media as an Executable version or via an accepted 195 Electronic Distribution Mechanism to anyone to whom 196 you made an Executable version available; and if made 197 available via Electronic Distribution Mechanism, must 198 remain available for at least twelve (12) months after 199 the date it initially became available, or at least 200 six (6) months after a subsequent version of that 201 particular Modification has been made available to 202 such recipients. You are responsible for ensuring that 203 the Source Code version remains available even if the 204 Electronic Distribution Mechanism is maintained by a 205 third party. 206 207 3.3. Description of Modifications. 208 You must cause all Covered Code to which You 209 contribute to contain a file documenting the changes 210 You made to create that Covered Code and the date of 211 any change. You must include a prominent statement 212 that the Modification is derived, directly or 213 indirectly, from Original Code provided by the Initial 214 Developer and including the name of the Initial 215 Developer in (a) the Source Code, and (b) in any 216 notice in an Executable version or related 217 documentation in which You describe the origin or 218 ownership of the Covered Code. 219 220 3.4. Intellectual Property Matters 221 (a) Third Party Claims. 222 If Contributor has knowledge that a license under 223 a third party's intellectual property rights is 224 required to exercise the rights granted by such 225 Contributor under Sections 2.1 or 2.2, 226 Contributor must include a text file with the 227 Source Code distribution titled "LEGAL'' which 228 describes the claim and the party making the 229 claim in sufficient detail that a recipient will 230 know whom to contact. If Contributor obtains such 231 knowledge after the Modification is made 232 available as described in Section 3.2, 233 Contributor shall promptly modify the LEGAL file 234 in all copies Contributor makes available 235 thereafter and shall take other steps (such as 236 notifying appropriate mailing lists or 237 newsgroups) reasonably calculated to inform those 238 who received the Covered Code that new knowledge 239 has been obtained. 240 241 (b) Contributor APIs. 242 If Contributor's Modifications include an 243 application programming interface and Contributor 244 has knowledge of patent licenses which are 245 reasonably necessary to implement that API, 246 Contributor must also include this information in 247 the LEGAL file. 248 249 (c) Representations. 250 Contributor represents that, except as disclosed 251 pursuant to Section 3.4(a) above, Contributor 252 believes that Contributor's Modifications are 253 Contributor's original creation(s) and/or 254 Contributor has sufficient rights to grant the 255 rights conveyed by this License. 256 257 3.5. Required Notices. 258 You must duplicate the notice in Exhibit A in each 259 file of the Source Code. If it is not possible to put 260 such notice in a particular Source Code file due to 261 its structure, then You must include such notice in a 262 location (such as a relevant directory) where a user 263 would be likely to look for such a notice. If You 264 created one or more Modification(s) You may add your 265 name as a Contributor to the notice described in 266 Exhibit A. You must also duplicate this License in 267 any documentation for the Source Code where You 268 describe recipients' rights or ownership rights 269 relating to Covered Code. You may choose to offer, 270 and to charge a fee for, warranty, support, indemnity 271 or liability obligations to one or more recipients of 272 Covered Code. However, You may do so only on Your own 273 behalf, and not on behalf of the Initial Developer or 274 any Contributor. You must make it absolutely clear 275 than any such warranty, support, indemnity or 276 liability obligation is offered by You alone, and You 277 hereby agree to indemnify the Initial Developer and 278 every Contributor for any liability incurred by the 279 Initial Developer or such Contributor as a result of 280 warranty, support, indemnity or liability terms You 281 offer. 282 283 3.6. Distribution of Executable Versions. 284 You may distribute Covered Code in Executable form 285 only if the requirements of Section 3.1-3.5 have been 286 met for that Covered Code, and if You include a notice 287 stating that the Source Code version of the Covered 288 Code is available under the terms of this License, 289 including a description of how and where You have 290 fulfilled the obligations of Section 3.2. The notice 291 must be conspicuously included in any notice in an 292 Executable version, related documentation or 293 collateral in which You describe recipients' rights 294 relating to the Covered Code. You may distribute the 295 Executable version of Covered Code or ownership rights 296 under a license of Your choice, which may contain 297 terms different from this License, provided that You 298 are in compliance with the terms of this License and 299 that the license for the Executable version does not 300 attempt to limit or alter the recipient's rights in 301 the Source Code version from the rights set forth in 302 this License. If You distribute the Executable version 303 under a different license You must make it absolutely 304 clear that any terms which differ from this License 305 are offered by You alone, not by the Initial Developer 306 or any Contributor. You hereby agree to indemnify the 307 Initial Developer and every Contributor for any 308 liability incurred by the Initial Developer or such 309 Contributor as a result of any such terms You offer. 310 311 3.7. Larger Works. 312 You may create a Larger Work by combining Covered Code 313 with other code not governed by the terms of this 314 License and distribute the Larger Work as a single 315 product. In such a case, You must make sure the 316 requirements of this License are fulfilled for the 317 Covered Code. 318 319 320 4. Inability to Comply Due to Statute or Regulation. 321 322 If it is impossible for You to comply with any of the 323 terms of this License with respect to some or all of 324 the Covered Code due to statute, judicial order, or 325 regulation then You must: (a) comply with the terms of 326 this License to the maximum extent possible; and (b) 327 describe the limitations and the code they affect. 328 Such description must be included in the LEGAL file 329 described in Section 3.4 and must be included with all 330 distributions of the Source Code. Except to the extent 331 prohibited by statute or regulation, such description 332 must be sufficiently detailed for a recipient of 333 ordinary skill to be able to understand it. 334 335 336 5. Application of this License. 337 338 This License applies to code to which the Initial 339 Developer has attached the notice in Exhibit A and to 340 related Covered Code. 341 342 343 6. Versions of the License. 344 345 6.1. New Versions. 346 Netscape Communications Corporation (''Netscape'') may 347 publish revised and/or new versions of the License 348 from time to time. Each version will be given a 349 distinguishing version number. 350 351 6.2. Effect of New Versions. 352 Once Covered Code has been published under a 353 particular version of the License, You may always 354 continue to use it under the terms of that version. 355 You may also choose to use such Covered Code under the 356 terms of any subsequent version of the License 357 published by Netscape. No one other than Netscape has 358 the right to modify the terms applicable to Covered 359 Code created under this License. 360 361 6.3. Derivative Works. 362 If You create or use a modified version of this 363 License (which you may only do in order to apply it to 364 code which is not already Covered Code governed by 365 this License), You must (a) rename Your license so 366 that the phrases ''Mozilla'', ''MOZILLAPL'', 367 ''MOZPL'', ''Netscape'', "MPL", ''NPL'' or any 368 confusingly similar phrase do not appear in your 369 license (except to note that your license differs from 370 this License) and (b) otherwise make it clear that 371 Your version of the license contains terms which 372 differ from the Mozilla Public License and Netscape 373 Public License. (Filling in the name of the Initial 374 Developer, Original Code or Contributor in the notice 375 described in Exhibit A shall not of themselves be 376 deemed to be modifications of this License.) 377 378 379 7. DISCLAIMER OF WARRANTY. 380 381 COVERED CODE IS PROVIDED UNDER THIS LICENSE ON AN "AS 382 IS'' BASIS, WITHOUT WARRANTY OF ANY KIND, EITHER 383 EXPRESSED OR IMPLIED, INCLUDING, WITHOUT LIMITATION, 384 WARRANTIES THAT THE COVERED CODE IS FREE OF DEFECTS, 385 MERCHANTABLE, FIT FOR A PARTICULAR PURPOSE OR NON- 386 INFRINGING. THE ENTIRE RISK AS TO THE QUALITY AND 387 PERFORMANCE OF THE COVERED CODE IS WITH YOU. SHOULD 388 ANY COVERED CODE PROVE DEFECTIVE IN ANY RESPECT, YOU 389 (NOT THE INITIAL DEVELOPER OR ANY OTHER CONTRIBUTOR) 390 ASSUME THE COST OF ANY NECESSARY SERVICING, REPAIR OR 391 CORRECTION. THIS DISCLAIMER OF WARRANTY CONSTITUTES AN 392 ESSENTIAL PART OF THIS LICENSE. NO USE OF ANY COVERED 393 CODE IS AUTHORIZED HEREUNDER EXCEPT UNDER THIS 394 DISCLAIMER. 395 396 397 8. TERMINATION. 398 399 8.1. This License and the rights granted hereunder 400 will terminate automatically if You fail to comply 401 with terms herein and fail to cure such breach within 402 30 days of becoming aware of the breach. All 403 sublicenses to the Covered Code which are properly 404 granted shall survive any termination of this License. 405 Provisions which, by their nature, must remain in 406 effect beyond the termination of this License shall 407 survive. 408 409 8.2. If You initiate litigation by asserting a patent 410 infringement claim (excluding declatory judgment 411 actions) against Initial Developer or a Contributor 412 (the Initial Developer or Contributor against whom You 413 file such action is referred to as "Participant") 414 alleging that: 415 416 (a) such Participant's Contributor Version directly 417 or indirectly infringes any patent, then any and all 418 rights granted by such Participant to You under 419 Sections 2.1 and/or 2.2 of this License shall, upon 60 420 days notice from Participant terminate prospectively, 421 unless if within 60 days after receipt of notice You 422 either: (i) agree in writing to pay Participant a 423 mutually agreeable reasonable royalty for Your past 424 and future use of Modifications made by such 425 Participant, or (ii) withdraw Your litigation claim 426 with respect to the Contributor Version against such 427 Participant. If within 60 days of notice, a 428 reasonable royalty and payment arrangement are not 429 mutually agreed upon in writing by the parties or the 430 litigation claim is not withdrawn, the rights granted 431 by Participant to You under Sections 2.1 and/or 2.2 432 automatically terminate at the expiration of the 60 433 day notice period specified above. 434 435 (b) any software, hardware, or device, other than 436 such Participant's Contributor Version, directly or 437 indirectly infringes any patent, then any rights 438 granted to You by such Participant under Sections 2.1 439 (b) and 2.2(b) are revoked effective as of the date 440 You first made, used, sold, distributed, or had made, 441 Modifications made by that Participant. 442 443 8.3. If You assert a patent infringement claim 444 against Participant alleging that such Participant's 445 Contributor Version directly or indirectly infringes 446 any patent where such claim is resolved (such as by 447 license or settlement) prior to the initiation of 448 patent infringement litigation, then the reasonable 449 value of the licenses granted by such Participant 450 under Sections 2.1 or 2.2 shall be taken into account 451 in determining the amount or value of any payment or 452 license. 453 454 8.4. In the event of termination under Sections 8.1 455 or 8.2 above, all end user license agreements 456 (excluding distributors and resellers) which have been 457 validly granted by You or any distributor hereunder 458 prior to termination shall survive termination. 459 460 461 9. LIMITATION OF LIABILITY. 462 463 UNDER NO CIRCUMSTANCES AND UNDER NO LEGAL THEORY, 464 WHETHER TORT (INCLUDING NEGLIGENCE), CONTRACT, OR 465 OTHERWISE, SHALL YOU, THE INITIAL DEVELOPER, ANY OTHER 466 CONTRIBUTOR, OR ANY DISTRIBUTOR OF COVERED CODE, OR 467 ANY SUPPLIER OF ANY OF SUCH PARTIES, BE LIABLE TO ANY 468 PERSON FOR ANY INDIRECT, SPECIAL, INCIDENTAL, OR 469 CONSEQUENTIAL DAMAGES OF ANY CHARACTER INCLUDING, 470 WITHOUT LIMITATION, DAMAGES FOR LOSS OF GOODWILL, WORK 471 STOPPAGE, COMPUTER FAILURE OR MALFUNCTION, OR ANY AND 472 ALL OTHER COMMERCIAL DAMAGES OR LOSSES, EVEN IF SUCH 473 PARTY SHALL HAVE BEEN INFORMED OF THE POSSIBILITY OF 474 SUCH DAMAGES. THIS LIMITATION OF LIABILITY SHALL NOT 475 APPLY TO LIABILITY FOR DEATH OR PERSONAL INJURY 476 RESULTING FROM SUCH PARTY'S NEGLIGENCE TO THE EXTENT 477 APPLICABLE LAW PROHIBITS SUCH LIMITATION. SOME 478 JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION 479 OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THIS 480 EXCLUSION AND LIMITATION MAY NOT APPLY TO YOU. 481 482 483 10. U.S. GOVERNMENT END USERS. 484 485 The Covered Code is a ''commercial item,'' as that 486 term is defined in 48 C.F.R. 2.101 (Oct. 1995), 487 consisting of ''commercial computer software'' and 488 ''commercial computer software documentation,'' as 489 such terms are used in 48 C.F.R. 12.212 (Sept. 1995). 490 Consistent with 48 C.F.R. 12.212 and 48 C.F.R. 491 227.7202-1 through 227.7202-4 (June 1995), all U.S. 492 Government End Users acquire Covered Code with only 493 those rights set forth herein. 494 495 496 11. MISCELLANEOUS. 497 498 This License represents the complete agreement 499 concerning subject matter hereof. If any provision of 500 this License is held to be unenforceable, such 501 provision shall be reformed only to the extent 502 necessary to make it enforceable. This License shall 503 be governed by California law provisions (except to 504 the extent applicable law, if any, provides 505 otherwise), excluding its conflict-of-law provisions. 506 With respect to disputes in which at least one party 507 is a citizen of, or an entity chartered or registered 508 to do business in the United States of America, any 509 litigation relating to this License shall be subject 510 to the jurisdiction of the Federal Courts of the 511 Northern District of California, with venue lying in 512 Santa Clara County, California, with the losing party 513 responsible for costs, including without limitation, 514 court costs and reasonable attorneys' fees and 515 expenses. The application of the United Nations 516 Convention on Contracts for the International Sale of 517 Goods is expressly excluded. Any law or regulation 518 which provides that the language of a contract shall 519 be construed against the drafter shall not apply to 520 this License. 521 522 523 12. RESPONSIBILITY FOR CLAIMS. 524 525 As between Initial Developer and the Contributors, 526 each party is responsible for claims and damages 527 arising, directly or indirectly, out of its 528 utilization of rights under this License and You agree 529 to work with Initial Developer and Contributors to 530 distribute such responsibility on an equitable basis. 531 Nothing herein is intended or shall be deemed to 532 constitute any admission of liability. 533 534 535 13. MULTIPLE-LICENSED CODE. 536 537 Initial Developer may designate portions of the 538 Covered Code as Multiple-Licensed. Multiple-Licensed 539 means that the Initial Developer permits you to 540 utilize portions of the Covered Code under Your choice 541 of the NPL or the alternative licenses, if any, 542 specified by the Initial Developer in the file 543 described in Exhibit A. 544 545 546 547 EXHIBIT A - Mozilla Public License. 548 549 The contents of this file are subject to the Mozilla Public License Version 550 1.1 (the "License"); you may not use this file except in compliance with 551 the License. You may obtain a copy of the License at 552 http://www.mozilla.org/MPL/ 553 554 Software distributed under the License is distributed on an "AS IS" basis, 555 WITHOUT WARRANTY OF ANY KIND, either express or implied. See the License 556 for the specific language governing rights and limitations under the License. 557 558 The Original Code is ______________________________________. 559 560 The Initial Developer of the Original Code is 561 ________________________. 562 Portions created by ______________________ are Copyright (C) ______ 563 _______________________. All Rights Reserved. 564 565 Contributor(s): ______________________________________. 566 567 Alternatively, the contents of this file may be used under the terms of 568 the _____ license (the [___] License), in which case the provisions of 569 [______] License are applicable instead of those above. If you wish to 570 allow use of your version of this file only under the terms of the [____] 571 License and not to allow others to use your version of this file under 572 the MPL, indicate your decision by deleting the provisions above and 573 replace them with the notice and other provisions required by the [___] 574 License. If you do not delete the provisions above, a recipient may use 575 your version of this file under either the MPL or the [___] License. 576 577 [NOTE: The text of this Exhibit A may differ slightly from the text of 578 the notices in the Source Code files of the Original Code. You should use 579 the text of this Exhibit A rather than the text found in the Original Code 580 Source Code for Your Modifications.] 581
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