matteo brancaleoni
10 years ago
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| 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 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.] | |||