Mozilla Public License 1.1 (MPL 1.1)

Mozilla Public License 1.1 (MPL 1.1)

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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 <font color="#000000">
      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).</font>

      (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 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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