1 MOZILLA PUBLIC LICENSE 2 Version 1.1 3 4 --------------- 5 6 1. Definitions. 7 8 1.0.1. "Commercial Use" means distribution or otherwise making the 9 Covered Code available to a third party. 10 11 1.1. "Contributor" means each entity that creates or contributes to 12 the creation of Modifications. 13 14 1.2. "Contributor Version" means the combination of the Original 15 Code, prior Modifications used by a Contributor, and the Modifications 16 made by that particular Contributor. 17 18 1.3. "Covered Code" means the Original Code or Modifications or the 19 combination of the Original Code and Modifications, in each case 20 including portions thereof. 21 22 1.4. "Electronic Distribution Mechanism" means a mechanism generally 23 accepted in the software development community for the electronic 24 transfer of data. 25 26 1.5. "Executable" means Covered Code in any form other than Source 27 Code. 28 29 1.6. "Initial Developer" means the individual or entity identified 30 as the Initial Developer in the Source Code notice required by Exhibit 31 A. 32 33 1.7. "Larger Work" means a work which combines Covered Code or 34 portions thereof with code not governed by the terms of this License. 35 36 1.8. "License" means this document. 37 38 1.8.1. "Licensable" means having the right to grant, to the maximum 39 extent possible, whether at the time of the initial grant or 40 subsequently acquired, any and all of the rights conveyed herein. 41 42 1.9. "Modifications" means any addition to or deletion from the 43 substance or structure of either the Original Code or any previous 44 Modifications. When Covered Code is released as a series of files, a 45 Modification is: 46 A. Any addition to or deletion from the contents of a file 47 containing Original Code or previous Modifications. 48 49 B. Any new file that contains any part of the Original Code or 50 previous Modifications. 51 52 1.10. "Original Code" means Source Code of computer software code 53 which is described in the Source Code notice required by Exhibit A as 54 Original Code, and which, at the time of its release under this 55 License is not already Covered Code governed by this License. 56 57 1.10.1. "Patent Claims" means any patent claim(s), now owned or 58 hereafter acquired, including without limitation, method, process, 59 and apparatus claims, in any patent Licensable by grantor. 60 61 1.11. "Source Code" means the preferred form of the Covered Code for 62 making modifications to it, including all modules it contains, plus 63 any associated interface definition files, scripts used to control 64 compilation and installation of an Executable, or source code 65 differential comparisons against either the Original Code or another 66 well known, available Covered Code of the Contributor's choice. The 67 Source Code can be in a compressed or archival form, provided the 68 appropriate decompression or de-archiving software is widely available 69 for no charge. 70 71 1.12. "You" (or "Your") means an individual or a legal entity 72 exercising rights under, and complying with all of the terms of, this 73 License or a future version of this License issued under Section 6.1. 74 For legal entities, "You" includes any entity which controls, is 75 controlled by, or is under common control with You. For purposes of 76 this definition, "control" means (a) the power, direct or indirect, 77 to cause the direction or management of such entity, whether by 78 contract or otherwise, or (b) ownership of more than fifty percent 79 (50%) of the outstanding shares or beneficial ownership of such 80 entity. 81 82 2. Source Code License. 83 84 2.1. The Initial Developer Grant. 85 The Initial Developer hereby grants You a world-wide, royalty-free, 86 non-exclusive license, subject to third party intellectual property 87 claims: 88 (a) under intellectual property rights (other than patent or 89 trademark) Licensable by Initial Developer to use, reproduce, 90 modify, display, perform, sublicense and distribute the Original 91 Code (or portions thereof) with or without Modifications, and/or 92 as part of a Larger Work; and 93 94 (b) under Patents Claims infringed by the making, using or 95 selling of Original Code, to make, have made, use, practice, 96 sell, and offer for sale, and/or otherwise dispose of the 97 Original Code (or portions thereof). 98 99 (c) the licenses granted in this Section 2.1(a) and (b) are 100 effective on the date Initial Developer first distributes 101 Original Code under the terms of this License. 102 103 (d) Notwithstanding Section 2.1(b) above, no patent license is 104 granted: 1) for code that You delete from the Original Code; 2) 105 separate from the Original Code; or 3) for infringements caused 106 by: i) the modification of the Original Code or ii) the 107 combination of the Original Code with other software or devices. 108 109 2.2. Contributor Grant. 110 Subject to third party intellectual property claims, each Contributor 111 hereby grants You a world-wide, royalty-free, non-exclusive license 112 113 (a) under intellectual property rights (other than patent or 114 trademark) Licensable by Contributor, to use, reproduce, modify, 115 display, perform, sublicense and distribute the Modifications 116 created by such Contributor (or portions thereof) either on an 117 unmodified basis, with other Modifications, as Covered Code 118 and/or as part of a Larger Work; and 119 120 (b) under Patent Claims infringed by the making, using, or 121 selling of Modifications made by that Contributor either alone 122 and/or in combination with its Contributor Version (or portions 123 of such combination), to make, use, sell, offer for sale, have 124 made, and/or otherwise dispose of: 1) Modifications made by that 125 Contributor (or portions thereof); and 2) the combination of 126 Modifications made by that Contributor with its Contributor 127 Version (or portions of such combination). 128 129 (c) the licenses granted in Sections 2.2(a) and 2.2(b) are 130 effective on the date Contributor first makes Commercial Use of 131 the Covered Code. 132 133 (d) Notwithstanding Section 2.2(b) above, no patent license is 134 granted: 1) for any code that Contributor has deleted from the 135 Contributor Version; 2) separate from the Contributor Version; 136 3) for infringements caused by: i) third party modifications of 137 Contributor Version or ii) the combination of Modifications made 138 by that Contributor with other software (except as part of the 139 Contributor Version) or other devices; or 4) under Patent Claims 140 infringed by Covered Code in the absence of Modifications made by 141 that Contributor. 142 143 3. Distribution Obligations. 144 145 3.1. Application of License. 146 The Modifications which You create or to which You contribute are 147 governed by the terms of this License, including without limitation 148 Section 2.2. The Source Code version of Covered Code may be 149 distributed only under the terms of this License or a future version 150 of this License released under Section 6.1, and You must include a 151 copy of this License with every copy of the Source Code You 152 distribute. You may not offer or impose any terms on any Source Code 153 version that alters or restricts the applicable version of this 154 License or the recipients' rights hereunder. However, You may include 155 an additional document offering the additional rights described in 156 Section 3.5. 157 158 3.2. Availability of Source Code. 159 Any Modification which You create or to which You contribute must be 160 made available in Source Code form under the terms of this License 161 either on the same media as an Executable version or via an accepted 162 Electronic Distribution Mechanism to anyone to whom you made an 163 Executable version available; and if made available via Electronic 164 Distribution Mechanism, must remain available for at least twelve (12) 165 months after the date it initially became available, or at least six 166 (6) months after a subsequent version of that particular Modification 167 has been made available to such recipients. You are responsible for 168 ensuring that the Source Code version remains available even if the 169 Electronic Distribution Mechanism is maintained by a third party. 170 171 3.3. Description of Modifications. 172 You must cause all Covered Code to which You contribute to contain a 173 file documenting the changes You made to create that Covered Code and 174 the date of any change. You must include a prominent statement that 175 the Modification is derived, directly or indirectly, from Original 176 Code provided by the Initial Developer and including the name of the 177 Initial Developer in (a) the Source Code, and (b) in any notice in an 178 Executable version or related documentation in which You describe the 179 origin or ownership of the Covered Code. 180 181 3.4. Intellectual Property Matters 182 (a) Third Party Claims. 183 If Contributor has knowledge that a license under a third party's 184 intellectual property rights is required to exercise the rights 185 granted by such Contributor under Sections 2.1 or 2.2, 186 Contributor must include a text file with the Source Code 187 distribution titled "LEGAL" which describes the claim and the 188 party making the claim in sufficient detail that a recipient will 189 know whom to contact. If Contributor obtains such knowledge after 190 the Modification is made available as described in Section 3.2, 191 Contributor shall promptly modify the LEGAL file in all copies 192 Contributor makes available thereafter and shall take other steps 193 (such as notifying appropriate mailing lists or newsgroups) 194 reasonably calculated to inform those who received the Covered 195 Code that new knowledge has been obtained. 196 197 (b) Contributor APIs. 198 If Contributor's Modifications include an application programming 199 interface and Contributor has knowledge of patent licenses which 200 are reasonably necessary to implement that API, Contributor must 201 also include this information in the LEGAL file. 202 203 (c) Representations. 204 Contributor represents that, except as disclosed pursuant to 205 Section 3.4(a) above, Contributor believes that Contributor's 206 Modifications are Contributor's original creation(s) and/or 207 Contributor has sufficient rights to grant the rights conveyed by 208 this License. 209 210 3.5. Required Notices. 211 You must duplicate the notice in Exhibit A in each file of the Source 212 Code. If it is not possible to put such notice in a particular Source 213 Code file due to its structure, then You must include such notice in a 214 location (such as a relevant directory) where a user would be likely 215 to look for such a notice. If You created one or more Modification(s) 216 You may add your name as a Contributor to the notice described in 217 Exhibit A. You must also duplicate this License in any documentation 218 for the Source Code where You describe recipients' rights or ownership 219 rights relating to Covered Code. You may choose to offer, and to 220 charge a fee for, warranty, support, indemnity or liability 221 obligations to one or more recipients of Covered Code. However, You 222 may do so only on Your own behalf, and not on behalf of the Initial 223 Developer or any Contributor. You must make it absolutely clear than 224 any such warranty, support, indemnity or liability obligation is 225 offered by You alone, and You hereby agree to indemnify the Initial 226 Developer and every Contributor for any liability incurred by the 227 Initial Developer or such Contributor as a result of warranty, 228 support, indemnity or liability terms You offer. 229 230 3.6. Distribution of Executable Versions. 231 You may distribute Covered Code in Executable form only if the 232 requirements of Section 3.1-3.5 have been met for that Covered Code, 233 and if You include a notice stating that the Source Code version of 234 the Covered Code is available under the terms of this License, 235 including a description of how and where You have fulfilled the 236 obligations of Section 3.2. The notice must be conspicuously included 237 in any notice in an Executable version, related documentation or 238 collateral in which You describe recipients' rights relating to the 239 Covered Code. You may distribute the Executable version of Covered 240 Code or ownership rights under a license of Your choice, which may 241 contain terms different from this License, provided that You are in 242 compliance with the terms of this License and that the license for the 243 Executable version does not attempt to limit or alter the recipient's 244 rights in the Source Code version from the rights set forth in this 245 License. If You distribute the Executable version under a different 246 license You must make it absolutely clear that any terms which differ 247 from this License are offered by You alone, not by the Initial 248 Developer or any Contributor. You hereby agree to indemnify the 249 Initial Developer and every Contributor for any liability incurred by 250 the Initial Developer or such Contributor as a result of any such 251 terms You offer. 252 253 3.7. Larger Works. 254 You may create a Larger Work by combining Covered Code with other code 255 not governed by the terms of this License and distribute the Larger 256 Work as a single product. In such a case, You must make sure the 257 requirements of this License are fulfilled for the Covered Code. 258 259 4. Inability to Comply Due to Statute or Regulation. 260 261 If it is impossible for You to comply with any of the terms of this 262 License with respect to some or all of the Covered Code due to 263 statute, judicial order, or regulation then You must: (a) comply with 264 the terms of this License to the maximum extent possible; and (b) 265 describe the limitations and the code they affect. Such description 266 must be included in the LEGAL file described in Section 3.4 and must 267 be included with all distributions of the Source Code. Except to the 268 extent prohibited by statute or regulation, such description must be 269 sufficiently detailed for a recipient of ordinary skill to be able to 270 understand it. 271 272 5. Application of this License. 273 274 This License applies to code to which the Initial Developer has 275 attached the notice in Exhibit A and to related Covered Code. 276 277 6. Versions of the License. 278 279 6.1. New Versions. 280 Netscape Communications Corporation ("Netscape") may publish revised 281 and/or new versions of the License from time to time. Each version 282 will be given a distinguishing version number. 283 284 6.2. Effect of New Versions. 285 Once Covered Code has been published under a particular version of the 286 License, You may always continue to use it under the terms of that 287 version. You may also choose to use such Covered Code under the terms 288 of any subsequent version of the License published by Netscape. No one 289 other than Netscape has the right to modify the terms applicable to 290 Covered Code created under this License. 291 292 6.3. Derivative Works. 293 If You create or use a modified version of this License (which you may 294 only do in order to apply it to code which is not already Covered Code 295 governed by this License), You must (a) rename Your license so that 296 the phrases "Mozilla", "MOZILLAPL", "MOZPL", "Netscape", 297 "MPL", "NPL" or any confusingly similar phrase do not appear in your 298 license (except to note that your license differs from this License) 299 and (b) otherwise make it clear that Your version of the license 300 contains terms which differ from the Mozilla Public License and 301 Netscape Public License. (Filling in the name of the Initial 302 Developer, Original Code or Contributor in the notice described in 303 Exhibit A shall not of themselves be deemed to be modifications of 304 this License.) 305 306 7. DISCLAIMER OF WARRANTY. 307 308 COVERED CODE IS PROVIDED UNDER THIS LICENSE ON AN "AS IS" BASIS, 309 WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING, 310 WITHOUT LIMITATION, WARRANTIES THAT THE COVERED CODE IS FREE OF 311 DEFECTS, MERCHANTABLE, FIT FOR A PARTICULAR PURPOSE OR NON-INFRINGING. 312 THE ENTIRE RISK AS TO THE QUALITY AND PERFORMANCE OF THE COVERED CODE 313 IS WITH YOU. SHOULD ANY COVERED CODE PROVE DEFECTIVE IN ANY RESPECT, 314 YOU (NOT THE INITIAL DEVELOPER OR ANY OTHER CONTRIBUTOR) ASSUME THE 315 COST OF ANY NECESSARY SERVICING, REPAIR OR CORRECTION. THIS DISCLAIMER 316 OF WARRANTY CONSTITUTES AN ESSENTIAL PART OF THIS LICENSE. NO USE OF 317 ANY COVERED CODE IS AUTHORIZED HEREUNDER EXCEPT UNDER THIS DISCLAIMER. 318 319 8. TERMINATION. 320 321 8.1. This License and the rights granted hereunder will terminate 322 automatically if You fail to comply with terms herein and fail to cure 323 such breach within 30 days of becoming aware of the breach. All 324 sublicenses to the Covered Code which are properly granted shall 325 survive any termination of this License. Provisions which, by their 326 nature, must remain in effect beyond the termination of this License 327 shall survive. 328 329 8.2. If You initiate litigation by asserting a patent infringement 330 claim (excluding declatory judgment actions) against Initial Developer 331 or a Contributor (the Initial Developer or Contributor against whom 332 You file such action is referred to as "Participant") alleging that: 333 334 (a) such Participant's Contributor Version directly or indirectly 335 infringes any patent, then any and all rights granted by such 336 Participant to You under Sections 2.1 and/or 2.2 of this License 337 shall, upon 60 days notice from Participant terminate prospectively, 338 unless if within 60 days after receipt of notice You either: (i) 339 agree in writing to pay Participant a mutually agreeable reasonable 340 royalty for Your past and future use of Modifications made by such 341 Participant, or (ii) withdraw Your litigation claim with respect to 342 the Contributor Version against such Participant. If within 60 days 343 of notice, a reasonable royalty and payment arrangement are not 344 mutually agreed upon in writing by the parties or the litigation claim 345 is not withdrawn, the rights granted by Participant to You under 346 Sections 2.1 and/or 2.2 automatically terminate at the expiration of 347 the 60 day notice period specified above. 348 349 (b) any software, hardware, or device, other than such Participant's 350 Contributor Version, directly or indirectly infringes any patent, then 351 any rights granted to You by such Participant under Sections 2.1(b) 352 and 2.2(b) are revoked effective as of the date You first made, used, 353 sold, distributed, or had made, Modifications made by that 354 Participant. 355 356 8.3. If You assert a patent infringement claim against Participant 357 alleging that such Participant's Contributor Version directly or 358 indirectly infringes any patent where such claim is resolved (such as 359 by license or settlement) prior to the initiation of patent 360 infringement litigation, then the reasonable value of the licenses 361 granted by such Participant under Sections 2.1 or 2.2 shall be taken 362 into account in determining the amount or value of any payment or 363 license. 364 365 8.4. In the event of termination under Sections 8.1 or 8.2 above, 366 all end user license agreements (excluding distributors and resellers) 367 which have been validly granted by You or any distributor hereunder 368 prior to termination shall survive termination. 369 370 9. LIMITATION OF LIABILITY. 371 372 UNDER NO CIRCUMSTANCES AND UNDER NO LEGAL THEORY, WHETHER TORT 373 (INCLUDING NEGLIGENCE), CONTRACT, OR OTHERWISE, SHALL YOU, THE INITIAL 374 DEVELOPER, ANY OTHER CONTRIBUTOR, OR ANY DISTRIBUTOR OF COVERED CODE, 375 OR ANY SUPPLIER OF ANY OF SUCH PARTIES, BE LIABLE TO ANY PERSON FOR 376 ANY INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES OF ANY 377 CHARACTER INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF GOODWILL, 378 WORK STOPPAGE, COMPUTER FAILURE OR MALFUNCTION, OR ANY AND ALL OTHER 379 COMMERCIAL DAMAGES OR LOSSES, EVEN IF SUCH PARTY SHALL HAVE BEEN 380 INFORMED OF THE POSSIBILITY OF SUCH DAMAGES. THIS LIMITATION OF 381 LIABILITY SHALL NOT APPLY TO LIABILITY FOR DEATH OR PERSONAL INJURY 382 RESULTING FROM SUCH PARTY'S NEGLIGENCE TO THE EXTENT APPLICABLE LAW 383 PROHIBITS SUCH LIMITATION. SOME JURISDICTIONS DO NOT ALLOW THE 384 EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO 385 THIS EXCLUSION AND LIMITATION MAY NOT APPLY TO YOU. 386 387 10. U.S. GOVERNMENT END USERS. 388 389 The Covered Code is a "commercial item," as that term is defined in 390 48 C.F.R. 2.101 (Oct. 1995), consisting of "commercial computer 391 software" and "commercial computer software documentation," as such 392 terms are used in 48 C.F.R. 12.212 (Sept. 1995). Consistent with 48 393 C.F.R. 12.212 and 48 C.F.R. 227.7202-1 through 227.7202-4 (June 1995), 394 all U.S. Government End Users acquire Covered Code with only those 395 rights set forth herein. 396 397 11. MISCELLANEOUS. 398 399 This License represents the complete agreement concerning subject 400 matter hereof. If any provision of this License is held to be 401 unenforceable, such provision shall be reformed only to the extent 402 necessary to make it enforceable. This License shall be governed by 403 California law provisions (except to the extent applicable law, if 404 any, provides otherwise), excluding its conflict-of-law provisions. 405 With respect to disputes in which at least one party is a citizen of, 406 or an entity chartered or registered to do business in the United 407 States of America, any litigation relating to this License shall be 408 subject to the jurisdiction of the Federal Courts of the Northern 409 District of California, with venue lying in Santa Clara County, 410 California, with the losing party responsible for costs, including 411 without limitation, court costs and reasonable attorneys' fees and 412 expenses. The application of the United Nations Convention on 413 Contracts for the International Sale of Goods is expressly excluded. 414 Any law or regulation which provides that the language of a contract 415 shall be construed against the drafter shall not apply to this 416 License. 417 418 12. RESPONSIBILITY FOR CLAIMS. 419 420 As between Initial Developer and the Contributors, each party is 421 responsible for claims and damages arising, directly or indirectly, 422 out of its utilization of rights under this License and You agree to 423 work with Initial Developer and Contributors to distribute such 424 responsibility on an equitable basis. Nothing herein is intended or 425 shall be deemed to constitute any admission of liability. 426 427 13. MULTIPLE-LICENSED CODE. 428 429 Initial Developer may designate portions of the Covered Code as 430 "Multiple-Licensed". "Multiple-Licensed" means that the Initial 431 Developer permits you to utilize portions of the Covered Code under 432 Your choice of the NPL or the alternative licenses, if any, specified 433 by the Initial Developer in the file described in Exhibit A. 434 435 EXHIBIT A -Mozilla Public License. 436 437 ``The contents of this file are subject to the Mozilla Public License 438 Version 1.1 (the "License"); you may not use this file except in 439 compliance with the License. You may obtain a copy of the License at 440 http://www.mozilla.org/MPL/ 441 442 Software distributed under the License is distributed on an "AS IS" 443 basis, WITHOUT WARRANTY OF ANY KIND, either express or implied. See the 444 License for the specific language governing rights and limitations 445 under the License. 446 447 The Original Code is ______________________________________. 448 449 The Initial Developer of the Original Code is ________________________. 450 Portions created by ______________________ are Copyright (C) ______ 451 _______________________. All Rights Reserved. 452 453 Contributor(s): ______________________________________. 454 455 Alternatively, the contents of this file may be used under the terms 456 of the _____ license (the "[___] License"), in which case the 457 provisions of [______] License are applicable instead of those 458 above. If you wish to allow use of your version of this file only 459 under the terms of the [____] License and not to allow others to use 460 your version of this file under the MPL, indicate your decision by 461 deleting the provisions above and replace them with the notice and 462 other provisions required by the [___] License. If you do not delete 463 the provisions above, a recipient may use your version of this file 464 under either the MPL or the [___] License." 465 466 [NOTE: The text of this Exhibit A may differ slightly from the text of 467 the notices in the Source Code files of the Original Code. You should 468 use the text of this Exhibit A rather than the text found in the 469 Original Code Source Code for Your Modifications.] 470 471
