diff -r 459a447d7e79 -r 175df10e0b56 licenses/mpl.html --- /dev/null Thu Jan 01 00:00:00 1970 +0000 +++ b/licenses/mpl.html Wed Mar 26 02:56:23 2008 -0400 @@ -0,0 +1,469 @@ + + + +Mozilla Public License + + + + + +
+ +

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:

+
    +
  1. Any addition to or deletion from the contents of a file + containing Original Code or previous Modifications.
    2. +
  2. Any new file that contains any part of the Original Code or + previous Modifications.
    3. +
+
+
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:

+
    +
  1. 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
    2. +
  2. 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).
    3. +
  3. 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.
    4. +
  4. 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.
    5. +
+ +

2.2. Contributor Grant.

+

Subject to third party intellectual property claims, each Contributor hereby grants You + a world-wide, royalty-free, non-exclusive license

+
    +
  1. 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
    2. +
  2. 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).
    3. +
  3. 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. +
  4. 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.
    5. +
+ +

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 Sections + 3.1, 3.2, + 3.3, 3.4 and + 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:

+
    +
  1. 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.
    2. +
  2. 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.
    3. +
+ +

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 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.

+ +
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+ +
+ + +