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
(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 declatory 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-Licensedmeans that the Initial Developer permits you to utilize portions of the
Covered Code under Your choice of the MPL or the alternative licenses, if any, specified by
the Initial Developer in the file described in Exhibit A.
EXHIBIT A -Mozilla Public License.
``The contents of this file are subject to the Mozilla Public License Version 1.1 (the
"License"); you may not use this file except in compliance with the License. You
may obtain a copy of the License at
http://www.mozilla.org/MPL/
Software distributed under the License is distributed on an "AS IS" basis, WITHOUT
WARRANTY OF
ANY KIND, either express or implied. See the License for the specific language governing
rights and
limitations under the License.
The Original Code is ______________________________________.
The Initial Developer of the Original Code is ________________________. Portions created by
______________________ are Copyright (C) ______ _______________________. All Rights
Reserved.
Contributor(s): ______________________________________.
Alternatively, the contents of this file may be used under the terms of the _____ license
(the [___] License), in which case the provisions of [______] License are
applicable instead of those above. If you wish to allow use of your version of
this file only under the terms of the [____] License and not to allow others to use your
version of this file under the MPL, indicate your decision by deleting the provisions
above and replace them with the notice and other provisions required by the [___]
License. If you do not delete the provisions above, a recipient may use your version
of this file under either the MPL or the [___] License."
[NOTE: The text of this Exhibit A may differ slightly from the text of the notices in the
Source Code files of the Original Code. You should use the text of this Exhibit A rather
than the text found in the Original Code Source Code for Your Modifications.]