path: root/meta/files/common-licenses/MPL-1

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:
Any addition to or deletion from the contents of a file containing Original
Code or previous Modifications.
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:

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
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).
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.
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

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
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).
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.
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
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:

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.
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.