Mozilla Public License
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[ This was taken from http://aolserver.com/license/, as of 2000-08-15. The original can be gotten at http://www.mozilla.org/MPL/MPL-1.1.html ]
MOZILLA PUBLIC LICENSE
Version 1.1
1. Definitions.
1.0.1. "Commercial Use" means distribution or otherwise making
the Covered Code available to a third party.
1.1. ''Contributor'' means each entity that creates or
contributes to the creation of Modifications.
1.2. ''Contributor Version'' means the combination of the
Original Code, prior Modifications used by a Contributor, and the
Modifications made by that particular Contributor.
1.3. ''Covered Code'' means the Original Code or Modifications or
the combination of the Original Code and Modifications, in each
case including portions thereof.
1.4. ''Electronic Distribution Mechanism'' means a mechanism
generally accepted in the software development community for the
electronic transfer of data.
1.5. ''Executable'' means Covered Code in any form other than
Source Code.
1.6. ''Initial Developer'' means the individual or entity
identified as the Initial Developer in the Source Code notice
required by Exhibit A.
1.7. ''Larger Work'' means a work which combines Covered Code or
portions thereof with code not governed by the terms of this
License.
1.8. ''License'' means this document.
1.8.1. "Licensable" means having the right to grant, to the
maximum extent possible, whether at the time of the initial grant
or subsequently acquired, any and all of the rights conveyed
herein.
1.9. ''Modifications'' means any addition to or deletion from the
substance or structure of either the Original Code or any
previous Modifications. When Covered Code is released as a series
of files, a Modification is:
A. Any addition to or deletion from the contents of a file
containing Original Code or previous Modifications.
B. Any new file that contains any part of the Original Code or
previous Modifications.
1.10. ''Original Code'' means Source Code of computer software
code which is described in the Source Code notice required by
Exhibit A as Original Code, and which, at the time of its release
under this License is not already Covered Code governed by this
License.
1.10.1. "Patent Claims" means any patent claim(s), now owned or
hereafter acquired, including without limitation, method,
process, and apparatus claims, in any patent Licensable by
grantor.
1.11. ''Source Code'' means the preferred form of the Covered
Code for making modifications to it, including all modules it
contains, plus any associated interface definition files, scripts
used to control compilation and installation of an Executable, or
source code differential comparisons against either the Original
Code or another well known, available Covered Code of the
Contributor's choice. The Source Code can be in a compressed or
archival form, provided the appropriate decompression or
de-archiving software is widely available for no charge.
1.12. "You'' (or "Your") means an individual or a legal entity
exercising rights under, and complying with all of the terms of,
this License or a future version of this License issued under
Section 6.1. For legal entities, "You'' includes any entity which
controls, is controlled by, or is under common control with You.
For purposes of this definition, "control'' means (a) the power,
direct or indirect, to cause the direction or management of such
entity, whether by contract or otherwise, or (b) ownership of
more than fifty percent (50%) of the outstanding shares or
beneficial ownership of such entity.
2. Source Code License.
2.1. The Initial Developer Grant.
The Initial Developer hereby grants You a world-wide,
royalty-free, non-exclusive license, subject to third party
intellectual property claims:
(a) under intellectual property rights (other than patent or
trademark) Licensable by Initial Developer to use, reproduce,
modify, display, perform, sublicense and distribute the Original
Code (or portions thereof) with or without Modifications, and/or
as part of a Larger Work; and
(b) under Patents Claims infringed by the making, using or
selling of Original Code, to make, have made, use, practice,
sell, and offer for sale, and/or otherwise dispose of the
Original Code (or portions thereof).
(c) the licenses granted in this Section 2.1(a) and (b) are
effective on the date Initial Developer first distributes
Original Code under the terms of this License.
(d) Notwithstanding Section 2.1(b) above, no patent license is
granted: 1) for code that You delete from the Original Code; 2)
separate from the Original Code; or 3) for infringements caused
by: i) the modification of the Original Code or ii) the
combination of the Original Code with other software or devices.
2.2. Contributor Grant.
Subject to third party intellectual property claims, each
Contributor hereby grants You a world-wide, royalty-free,
non-exclusive license
(a) under intellectual property rights (other than patent or
trademark) Licensable by Contributor, to use, reproduce, modify,
display, perform, sublicense and distribute the Modifications
created by such Contributor (or portions thereof) either on an
unmodified basis, with other Modifications, as Covered Code
and/or as part of a Larger Work; and
(b) under Patent Claims infringed by the making, using, or
selling of Modifications made by that Contributor either alone
and/or in combination with its Contributor Version (or portions
of such combination), to make, use, sell, offer for sale, have
made, and/or otherwise dispose of: 1) Modifications made by that
Contributor (or portions thereof); and 2) the combination of
Modifications made by that Contributor with its Contributor
Version (or portions of such combination).
(c) the licenses granted in Sections 2.2(a) and 2.2(b) are
effective on the date Contributor first makes Commercial Use of
the Covered Code.
(d) Notwithstanding Section 2.2(b) above, no patent license is
granted: 1) for any code that Contributor has deleted from the
Contributor Version; 2) separate from the Contributor Version;
3) for infringements caused by: i) third party modifications of
Contributor Version or ii) the combination of Modifications made
by that Contributor with other software (except as part of the
Contributor Version) or other devices; or 4) under Patent Claims
infringed by Covered Code in the absence of Modifications made by
that Contributor.
3. Distribution Obligations.
3.1. Application of License.
The Modifications which You create or to which You contribute are
governed by the terms of this License, including without
limitation Section 2.2. The Source Code version of Covered Code
may be distributed only under the terms of this License or a
future version of this License released under Section 6.1, and
You must include a copy of this License with every copy of the
Source Code You distribute. You may not offer or impose any terms
on any Source Code version that alters or restricts the
applicable version of this License or the recipients' rights
hereunder. However, You may include an additional document
offering the additional rights described in Section 3.5.
3.2. Availability of Source Code.
Any Modification which You create or to which You contribute must
be made available in Source Code form under the terms of this
License either on the same media as an Executable version or via
an accepted Electronic Distribution Mechanism to anyone to whom
you made an Executable version available; and if made available
via Electronic Distribution Mechanism, must remain available for
at least twelve (12) months after the date it initially became
available, or at least six (6) months after a subsequent version
of that particular Modification has been made available to such
recipients. You are responsible for ensuring that the Source Code
version remains available even if the Electronic Distribution
Mechanism is maintained by a third party.
3.3. Description of Modifications.
You must cause all Covered Code to which You contribute to
contain a file documenting the changes You made to create that
Covered Code and the date of any change. You must include a
prominent statement that the Modification is derived, directly or
indirectly, from Original Code provided by the Initial Developer
and including the name of the Initial Developer in (a) the Source
Code, and (b) in any notice in an Executable version or related
documentation in which You describe the origin or ownership of
the Covered Code.
3.4. Intellectual Property Matters
(a) Third Party Claims.
If Contributor has knowledge that a license under a third party's
intellectual property rights is required to exercise the rights
granted by such Contributor under Sections 2.1 or 2.2,
Contributor must include a text file with the Source Code
distribution titled "LEGAL'' which describes the claim and the
party making the claim in sufficient detail that a recipient will
know whom to contact. If Contributor obtains such knowledge after
the Modification is made available as described in Section 3.2,
Contributor shall promptly modify the LEGAL file in all copies
Contributor makes available thereafter and shall take other steps
(such as notifying appropriate mailing lists or newsgroups)
reasonably calculated to inform those who received the Covered
Code that new knowledge has been obtained.
(b) Contributor APIs.
If Contributor's Modifications include an application programming
interface and Contributor has knowledge of patent licenses which
are reasonably necessary to implement that API, Contributor must
also include this information in the LEGAL file.
(c) Representations.
Contributor represents that, except as disclosed pursuant to
Section 3.4(a) above, Contributor believes that Contributor's
Modifications are Contributor's original creation(s) and/or
Contributor has sufficient rights to grant the rights conveyed by
this License.
3.5. Required Notices.
You must duplicate the notice in Exhibit A in each file of the
Source Code. If it is not possible to put such notice in a
particular Source Code file due to its structure, then You must
include such notice in a location (such as a relevant directory)
where a user would be likely to look for such a notice. If You
created one or more Modification(s) You may add your name as a
Contributor to the notice described in Exhibit A. You must also
duplicate this License in any documentation for the Source Code
where You describe recipients' rights or ownership rights
relating to Covered Code. You may choose to offer, and to charge
a fee for, warranty, support, indemnity or liability obligations
to one or more recipients of Covered Code. However, You may do so
only on Your own behalf, and not on behalf of the Initial
Developer or any Contributor. You must make it absolutely clear
than any such warranty, support, indemnity or liability
obligation is offered by You alone, and You hereby agree to
indemnify the Initial Developer and every Contributor for any
liability incurred by the Initial Developer or such Contributor
as a result of warranty, support, indemnity or liability terms
You offer.
3.6. Distribution of Executable Versions.
You may distribute Covered Code in Executable form only if the
requirements of Section 3.1-3.5 have been met for that Covered
Code, and if You include a notice stating that the Source Code
version of the Covered Code is available under the terms of this
License, including a description of how and where You have
fulfilled the obligations of Section 3.2. The notice must be
conspicuously included in any notice in an Executable version,
related documentation or collateral in which You describe
recipients' rights relating to the Covered Code. You may
distribute the Executable version of Covered Code or ownership
rights under a license of Your choice, which may contain terms
different from this License, provided that You are in compliance
with the terms of this License and that the license for the
Executable version does not attempt to limit or alter the
recipient's rights in the Source Code version from the rights set
forth in this License. If You distribute the Executable version
under a different license You must make it absolutely clear that
any terms which differ from this License are offered by You
alone, not by the Initial Developer or any Contributor. You
hereby agree to indemnify the Initial Developer and every
Contributor for any liability incurred by the Initial Developer
or such Contributor as a result of any such terms You offer.
3.7. Larger Works.
You may create a Larger Work by combining Covered Code with other
code not governed by the terms of this License and distribute the
Larger Work as a single product. In such a case, You must make
sure the requirements of this License are fulfilled for the
Covered Code.
4. Inability to Comply Due to Statute or Regulation.
If it is impossible for You to comply with any of the terms of
this License with respect to some or all of the Covered Code due
to statute, judicial order, or regulation then You must: (a)
comply with the terms of this License to the maximum extent
possible; and (b) describe the limitations and the code they
affect. Such description must be included in the LEGAL file
described in Section 3.4 and must be included with all
distributions of the Source Code. Except to the extent prohibited
by statute or regulation, such description must be sufficiently
detailed for a recipient of ordinary skill to be able to
understand it.
5. Application of this License.
This License applies to code to which the Initial Developer has
attached the notice in Exhibit A and to related Covered Code.
6. Versions of the License.
6.1. New Versions.
Netscape Communications Corporation (''Netscape'') may publish
revised and/or new versions of the License from time to time.
Each version will be given a distinguishing version number.
6.2. Effect of New Versions.
Once Covered Code has been published under a particular version
of the License, You may always continue to use it under the terms
of that version. You may also choose to use such Covered Code
under the terms of any subsequent version of the License
published by Netscape. No one other than Netscape has the right
to modify the terms applicable to Covered Code created under this
License.
6.3. Derivative Works.
If You create or use a modified version of this License (which
you may only do in order to apply it to code which is not already
Covered Code governed by this License), You must (a) rename Your
license so that the phrases ''Mozilla'', ''MOZILLAPL'',
''MOZPL'', ''Netscape'', "MPL", ''NPL'' or any confusingly
similar phrase do not appear in your license (except to note that
your license differs from this License) and (b) otherwise make it
clear that Your version of the license contains terms which
differ from the Mozilla Public License and Netscape Public
License. (Filling in the name of the Initial Developer, Original
Code or Contributor in the notice described in Exhibit A shall
not of themselves be deemed to be modifications of this License.)
7. DISCLAIMER OF WARRANTY.
COVERED CODE IS PROVIDED UNDER THIS LICENSE ON AN "AS IS'' BASIS,
WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESSED OR IMPLIED,
INCLUDING, WITHOUT LIMITATION, WARRANTIES THAT THE COVERED CODE
IS FREE OF DEFECTS, MERCHANTABLE, FIT FOR A PARTICULAR PURPOSE OR
NON-INFRINGING. THE ENTIRE RISK AS TO THE QUALITY AND PERFORMANCE
OF THE COVERED CODE IS WITH YOU. SHOULD ANY COVERED CODE PROVE
DEFECTIVE IN ANY RESPECT, YOU (NOT THE INITIAL DEVELOPER OR ANY
OTHER CONTRIBUTOR) ASSUME THE COST OF ANY NECESSARY SERVICING,
REPAIR OR CORRECTION. THIS DISCLAIMER OF WARRANTY CONSTITUTES AN
ESSENTIAL PART OF THIS LICENSE. NO USE OF ANY COVERED CODE IS
AUTHORIZED HEREUNDER EXCEPT UNDER THIS DISCLAIMER.
8. TERMINATION.
8.1. This License and the rights granted hereunder will
terminate automatically if You fail to comply with terms herein
and fail to cure such breach within 30 days of becoming aware of
the breach. All sublicenses to the Covered Code which are
properly granted shall survive any termination of this License.
Provisions which, by their nature, must remain in effect beyond
the termination of this License shall survive.
8.2. If You initiate litigation by asserting a patent
infringement claim (excluding declaratory judgment actions)
against Initial Developer or a Contributor (the Initial Developer
or Contributor against whom You file such action is referred to
as "Participant") alleging that:
(a) such Participant's Contributor Version directly or
indirectly infringes any patent, then any and all rights granted
by such Participant to You under Sections 2.1 and/or 2.2 of this
License shall, upon 60 days notice from Participant terminate
prospectively, unless if within 60 days after receipt of notice
You either: (i) agree in writing to pay Participant a mutually
agreeable reasonable royalty for Your past and future use of
Modifications made by such Participant, or (ii) withdraw Your
litigation claim with respect to the Contributor Version against
such Participant. If within 60 days of notice, a reasonable
royalty and payment arrangement are not mutually agreed upon in
writing by the parties or the litigation claim is not withdrawn,
the rights granted by Participant to You under Sections 2.1
and/or 2.2 automatically terminate at the expiration of the 60
day notice period specified above.
(b) any software, hardware, or device, other than such
Participant's Contributor Version, directly or indirectly
infringes any patent, then any rights granted to You by such
Participant under Sections 2.1(b) and 2.2(b) are revoked
effective as of the date You first made, used, sold, distributed,
or had made, Modifications made by that Participant.
8.3. If You assert a patent infringement claim against
Participant alleging that such Participant's Contributor Version
directly or indirectly infringes any patent where such claim is
resolved (such as by license or settlement) prior to the
initiation of patent infringement litigation, then the reasonable
value of the licenses granted by such Participant under Sections
2.1 or 2.2 shall be taken into account in determining the amount
or value of any payment or license.
8.4. In the event of termination under Sections 8.1 or 8.2
above, all end user license agreements (excluding distributors
and resellers) which have been validly granted by You or any
distributor hereunder prior to termination shall survive
termination.
9. LIMITATION OF LIABILITY.
UNDER NO CIRCUMSTANCES AND UNDER NO LEGAL THEORY, WHETHER TORT
(INCLUDING NEGLIGENCE), CONTRACT, OR OTHERWISE, SHALL YOU, THE
INITIAL DEVELOPER, ANY OTHER CONTRIBUTOR, OR ANY DISTRIBUTOR OF
COVERED CODE, OR ANY SUPPLIER OF ANY OF SUCH PARTIES, BE LIABLE
TO ANY PERSON FOR ANY INDIRECT, SPECIAL, INCIDENTAL, OR
CONSEQUENTIAL DAMAGES OF ANY CHARACTER INCLUDING, WITHOUT
LIMITATION, DAMAGES FOR LOSS OF GOODWILL, WORK STOPPAGE, COMPUTER
FAILURE OR MALFUNCTION, OR ANY AND ALL OTHER COMMERCIAL DAMAGES
OR LOSSES, EVEN IF SUCH PARTY SHALL HAVE BEEN INFORMED OF THE
POSSIBILITY OF SUCH DAMAGES. THIS LIMITATION OF LIABILITY SHALL
NOT APPLY TO LIABILITY FOR DEATH OR PERSONAL INJURY RESULTING
FROM SUCH PARTY'S NEGLIGENCE TO THE EXTENT APPLICABLE LAW
PROHIBITS SUCH LIMITATION. SOME JURISDICTIONS DO NOT ALLOW THE
EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES,
SO THIS EXCLUSION AND LIMITATION MAY NOT APPLY TO YOU.
10. U.S. GOVERNMENT END USERS.
The Covered Code is a ''commercial item,'' as that term is
defined in 48 C.F.R. 2.101 (Oct. 1995), consisting of
''commercial computer software'' and ''commercial computer
software documentation,'' as such terms are used in 48 C.F.R.
12.212 (Sept. 1995). Consistent with 48 C.F.R. 12.212 and 48
C.F.R. 227.7202-1 through 227.7202-4 (June 1995), all U.S.
Government End Users acquire Covered Code with only those rights
set forth herein.
11. MISCELLANEOUS.
This License represents the complete agreement concerning subject
matter hereof. If any provision of this License is held to be
unenforceable, such provision shall be reformed only to the
extent necessary to make it enforceable. This License shall be
governed by California law provisions (except to the extent
applicable law, if any, provides otherwise), excluding its
conflict-of-law provisions. With respect to disputes in which at
least one party is a citizen of, or an entity chartered or
registered to do business in the United States of America, any
litigation relating to this License shall be subject to the
jurisdiction of the Federal Courts of the Northern District of
California, with venue lying in Santa Clara County, California,
with the losing party responsible for costs, including without
limitation, court costs and reasonable attorneys' fees and
expenses. The application of the United Nations Convention on
Contracts for the International Sale of Goods is expressly
excluded. Any law or regulation which provides that the language
of a contract shall be construed against the drafter shall not
apply to this License.
12. RESPONSIBILITY FOR CLAIMS.
As between Initial Developer and the Contributors, each party is
responsible for claims and damages arising, directly or
indirectly, out of its utilization of rights under this License
and You agree to work with Initial Developer and Contributors to
distribute such responsibility on an equitable basis. Nothing
herein is intended or shall be deemed to constitute any admission
of liability.
13. MULTIPLE-LICENSED CODE.
Initial Developer may designate portions of the Covered Code as
"Multiple-Licensed". "Multiple-Licensed" means that the Initial
Developer permits you to utilize portions of the Covered Code
under Your choice of the APL or the alternative licenses, if any,
specified by the Initial Developer in the file described in
Exhibit A.
