From 43f4bf9158b5223febd61d0fc035b3f92c61ccbf Mon Sep 17 00:00:00 2001 From: mark Date: Mon, 7 Feb 2000 19:26:25 +0000 Subject: [PATCH] Initial add of the MPL version 1.1. --- LICENSE | 563 ++++++++++++++++++++++++++++++++++++++++++++++++++++++++ 1 file changed, 563 insertions(+) create mode 100644 LICENSE diff --git a/LICENSE b/LICENSE new file mode 100644 index 0000000..8d23a4c --- /dev/null +++ b/LICENSE @@ -0,0 +1,563 @@ + 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: + + 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 + 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). + + (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 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.] + + ----------------------------------------------------------------------- + + AMENDMENTS + + The Netscape Public License Version 1.1 ("NPL") consists of the Mozilla + Public License Version 1.1 with the following Amendments, including + Exhibit A-Netscape Public License. Files identified with "Exhibit + A-Netscape Public License" are governed by the Netscape Public License + Version 1.1. + + Additional Terms applicable to the Netscape Public License. + I. Effect. + These additional terms described in this Netscape Public + License -- Amendments shall apply to the Mozilla Communicator + client code and to all Covered Code under this License. + + II. ''Netscape's Branded Code'' means Covered Code that Netscape + distributes and/or permits others to distribute under one or more + trademark(s) which are controlled by Netscape but which are not + licensed for use under this License. + + III. Netscape and logo. + This License does not grant any rights to use the trademarks + "Netscape'', the "Netscape N and horizon'' logo or the "Netscape + lighthouse" logo, "Netcenter", "Gecko", "Java" or "JavaScript", + "Smart Browsing" even if such marks are included in the Original + Code or Modifications. + + IV. Inability to Comply Due to Contractual Obligation. + Prior to licensing the Original Code under this License, Netscape + has licensed third party code for use in Netscape's Branded Code. + To the extent that Netscape is limited contractually from making + such third party code available under this License, Netscape may + choose to reintegrate such code into Covered Code without being + required to distribute such code in Source Code form, even if such + code would otherwise be considered ''Modifications'' under this + License. + + V. Use of Modifications and Covered Code by Initial Developer. + V.1. In General. + The obligations of Section 3 apply to Netscape, except to the + extent specified in this Amendment, Section V.2 and V.3. + + V.2. Other Products. + Netscape may include Covered Code in products other than the + Netscape's Branded Code which are released by Netscape during + the two (2) years following the release date of the Original + Code, without such additional products becoming subject to + the terms of this License, and may license such additional + products on different terms from those contained in this + License. + + V.3. Alternative Licensing. + Netscape may license the Source Code of Netscape's Branded + Code, including Modifications incorporated therein, without + such Netscape Branded Code becoming subject to the terms of + this License, and may license such Netscape Branded Code on + different terms from those contained in this License. + + VI. Litigation. + Notwithstanding the limitations of Section 11 above, the + provisions regarding litigation in Section 11(a), (b) and (c) of + the License shall apply to all disputes relating to this License. + + EXHIBIT A-Netscape Public License. + + ''The contents of this file are subject to the Netscape 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/NPL/ + + 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 Mozilla Communicator client code, released + March 31, 1998. + + The Initial Developer of the Original Code is Netscape + Communications Corporation. Portions created by Netscape are + Copyright (C) 1998-1999 Netscape Communications Corporation. 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 NPL, 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 NPL or the + [___] License."