Mozilla Public License 1.1 (MPL 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 incombination 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 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-Licensed means that
the Initial Developer permits you to utilize portions of the
Covered Code under Your choice of the NPL 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 specificlanguage governing
rights and limitations under the License.
The Original Code is Passant.
The Initial Developer of the Original Code is Ed Vander
Hoek. Portions created by Ed Vander Hoek are Copyright (C) 2003
Ed Vander Hoek. All Rights Reserved.
Contributor(s): Ed Vander Hoek.
|