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  1. NETSCAPE PUBLIC LICENSE
  2. Version 1.0
  3. 1. Definitions.
  4. 1.1. ``Contributor'' means each entity that creates or contributes to the
  5. creation of Modifications.
  6. 1.2. ``Contributor Version'' means the combination of the Original Code, prior
  7. Modifications used by a Contributor, and the Modifications made by that particular
  8. Contributor.
  9. 1.3. ``Covered Code'' means the Original Code or Modifications or the combination
  10. of the Original Code and Modifications, in each case including portions thereof.
  11. 1.4. ``Electronic Distribution Mechanism'' means a mechanism generally accepted
  12. in the software development community for the electronic transfer of data.
  13. 1.5. ``Executable'' means Covered Code in any form other than Source Code.
  14. 1.6. ``Initial Developer'' means the individual or entity identified as the
  15. Initial Developer in the Source Code notice required byExhibit A.
  16. 1.7. ``Larger Work'' means a work which combines Covered Code or portions
  17. thereof with code not governed by the terms of this License.
  18. 1.8. ``License'' means this document.
  19. 1.9. ``Modifications'' means any addition to or deletion from the substance
  20. or structure of either the Original Code or any previous Modifications. When
  21. Covered Code is released as a series of files, a Modification is:
  22. A. Any addition to or deletion from the contents of a file containing Original
  23. Code or previous Modifications.
  24. B. Any new file that contains any part of the Original Code or previous Modifications.
  25. 1.10. ``Original Code'' means Source Code of computer software code which
  26. is described in the Source Code notice required byExhibit A as Original Code,
  27. and which, at the time of its release under this License is not already Covered
  28. Code governed by this License.
  29. 1.11. ``Source Code'' means the preferred form of the Covered Code for making
  30. modifications to it, including all modules it contains, plus any associated
  31. interface definition files, scripts used to control compilation and installation
  32. of an Executable, or a list of source code differential comparisons against
  33. either the Original Code or another well known, available Covered Code of
  34. the Contributor's choice. The Source Code can be in a compressed or archival
  35. form, provided the appropriate decompression or de-archiving software is widely
  36. available for no charge.
  37. 1.12. ``You'' means an individual or a legal entity exercising rights under,
  38. and complying with all of the terms of, this License or a future version of
  39. this License issued under Section 6.1. For legal entities, ``You'' includes
  40. any entity which controls, is controlled by, or is under common control with
  41. You. For purposes of this definition, ``control'' means (a) the power, direct
  42. or indirect, to cause the direction or management of such entity, whether
  43. by contract or otherwise, or (b) ownership of fifty percent (50%) or more
  44. of the outstanding shares or beneficial ownership of such entity.
  45. 2. Source Code License.
  46. 2.1. The Initial Developer Grant. The Initial Developer hereby grants You
  47. a world-wide, royalty-free, non-exclusive license, subject to third party
  48. intellectual property claims:
  49. a) to use, reproduce, modify, display, perform, sublicense and distribute
  50. the Original Code (or portions thereof) with or without Modifications, or
  51. as part of a Larger Work; and
  52. (b) under patents now or hereafter owned or controlled by Initial Developer,
  53. to make, have made, use and sell (``Utilize'') the Original Code (or portions
  54. thereof), but solely to the extent that any such patent is reasonably necessary
  55. to enable You to Utilize the Original Code (or portions thereof) and not to
  56. any greater extent that may be necessary to Utilize further Modifications
  57. or combinations.
  58. 2.2. Contributor Grant.
  59. Each Contributor hereby grants You a world-wide, royalty-free, non-exclusive
  60. license, subject to third party intellectual property claims:
  61. (a) to use, reproduce, modify, display, perform, sublicense and distribute
  62. the Modifications created by such Contributor (or portions thereof) either
  63. on an unmodified basis, with other Modifications, as Covered Code or as part
  64. of a Larger Work; and
  65. (b) under patents now or hereafter owned or controlled by Contributor, to
  66. Utilize the Contributor Version (or portions thereof), but solely to the extent
  67. that any such patent is reasonably necessary to enable You to Utilize the
  68. Contributor Version (or portions thereof), and not to any greater extent that
  69. may be necessary to Utilize further Modifications or combinations.
  70. 3. Distribution Obligations.
  71. 3.1. Application of License. The Modifications which You create or to which
  72. You contribute are governed by the terms of this License, including without
  73. limitation Section 2.2. The Source Code version of Covered Code may be distributed
  74. only under the terms of this License or a future version of this License released
  75. under Section 6.1, and You must include a copy of this License with every
  76. copy of the Source Code You distribute. You may not offer or impose any terms
  77. on any Source Code version that alters or restricts the applicable version
  78. of this License or the recipients' rights hereunder. However, You may include
  79. an additional document offering the additional rights described in Section
  80. 3.5.
  81. 3.2. Availability of Source Code. Any Modification which You create or to
  82. which You contribute must be made available in Source Code form under the
  83. terms of this License either on the same media as an Executable version or
  84. via an accepted Electronic Distribution Mechanism to anyone to whom you made
  85. an Executable version available; and if made available via Electronic Distribution
  86. Mechanism, must remain available for at least twelve (12) months after the
  87. date it initially became available, or at least six (6) months after a subsequent
  88. version of that particular Modification has been made available to such recipients.
  89. You are responsible for ensuring that the Source Code version remains available
  90. even if the Electronic Distribution Mechanism is maintained by a third party.
  91. 3.3. Description of Modifications. You must cause all Covered Code to which
  92. you contribute to contain a file documenting the changes You made to create
  93. that Covered Code and the date of any change. You must include a prominent
  94. statement that the Modification is derived, directly or indirectly, from Original
  95. Code provided by the Initial Developer and including the name of the Initial
  96. Developer in (a) the Source Code, and (b) in any notice in an Executable version
  97. or related documentation in which You describe the origin or ownership of
  98. the Covered Code.
  99. 3.4. Intellectual Property Matters
  100. (a) Third Party Claims. If You have knowledge that a party claims an intellectual
  101. property right in particular functionality or code (or its utilization under
  102. this License), you must include a text file with the source code distribution
  103. titled ``LEGAL'' which describes the claim and the party making the claim
  104. in sufficient detail that a recipient will know whom to contact. If you obtain
  105. such knowledge after You make Your Modification available as described in
  106. Section 3.2, You shall promptly modify the LEGAL file in all copies You make
  107. available thereafter and shall take other steps (such as notifying appropriate
  108. mailing lists or newsgroups) reasonably calculated to inform those who received
  109. the Covered Code that new knowledge has been obtained.
  110. (b) Contributor APIs. If Your Modification is an application programming interface
  111. and You own or control patents which are reasonably necessary to implement
  112. that API, you must also include this information in the LEGAL file.
  113. 3.5. Required Notices. You must duplicate the notice in Exhibit A in each
  114. file of the Source Code, and this License in any documentation for the Source
  115. Code, where You describe recipients' rights relating to Covered Code. If You
  116. created one or more Modification(s), You may add your name as a Contributor
  117. to the notice described in Exhibit A. If it is not possible to put such notice
  118. in a particular Source Code file due to its structure, then you must include
  119. such notice in a location (such as a relevant directory file) where a user
  120. would be likely to look for such a notice. You may choose to offer, and to
  121. charge a fee for, warranty, support, indemnity or liability obligations to
  122. one or more recipients of Covered Code. However, You may do so only on Your
  123. own behalf, and not on behalf of the Initial Developer or any Contributor.
  124. You must make it absolutely clear than any such warranty, support, indemnity
  125. or liability obligation is offered by You alone, and You hereby agree to indemnify
  126. the Initial Developer and every Contributor for any liability incurred by
  127. the Initial Developer or such Contributor as a result of warranty, support,
  128. indemnity or liability terms You offer.
  129. 3.6. Distribution of Executable Versions. You may distribute Covered Code
  130. in Executable form only if the requirements of Section 3.1-3.5 have been met
  131. for that Covered Code, and if You include a notice stating that the Source
  132. Code version of the Covered Code is available under the terms of this License,
  133. including a description of how and where You have fulfilled the obligations
  134. of Section 3.2. The notice must be conspicuously included in any notice in
  135. an Executable version, related documentation or collateral in which You describe
  136. recipients' rights relating to the Covered Code. You may distribute the Executable
  137. version of Covered Code under a license of Your choice, which may contain
  138. terms different from this License, provided that You are in compliance with
  139. the terms of this License and that the license for the Executable version
  140. does not attempt to limit or alter the recipient's rights in the Source Code
  141. version from the rights set forth in this License. If You distribute the Executable
  142. version under a different license You must make it absolutely clear that any
  143. terms which differ from this License are offered by You alone, not by the
  144. Initial Developer or any Contributor. You hereby agree to indemnify the Initial
  145. Developer and every Contributor for any liability incurred by the Initial
  146. Developer or such Contributor as a result of any such terms You offer.
  147. 3.7. Larger Works. You may create a Larger Work by combining Covered Code
  148. with other code not governed by the terms of this License and distribute the
  149. Larger Work as a single product. In such a case, You must make sure the requirements
  150. of this License are fulfilled for the Covered Code.
  151. 4. Inability to Comply Due to Statute or Regulation.
  152. If it is impossible for You to comply with any of the terms of this License
  153. with respect to some or all of the Covered Code due to statute or regulation
  154. then You must: (a) comply with the terms of this License to the maximum extent
  155. possible; and (b) describe the limitations and the code they affect. Such
  156. description must be included in the LEGAL file described in Section 3.4 and
  157. must be included with all distributions of the Source Code. Except to the
  158. extent prohibited by statute or regulation, such description must be sufficiently
  159. detailed for a recipient of ordinary skill to be able to understand it.
  160. 5. Application of this License.
  161. This License applies to code to which the Initial Developer has attached the
  162. notice in Exhibit A, and to related Covered Code.
  163. 6. Versions of the License.
  164. 6.1. New Versions. Netscape Communications Corporation (``Netscape'') may
  165. publish revised and/or new versions of the License from time to time. Each
  166. version will be given a distinguishing version number.
  167. 6.2. Effect of New Versions. Once Covered Code has been published under a
  168. particular version of the License, You may always continue to use it under
  169. the terms of that version. You may also choose to use such Covered Code under
  170. the terms of any subsequent version of the License published by Netscape.
  171. No one other than Netscape has the right to modify the terms applicable to
  172. Covered Code created under this License.
  173. 6.3. Derivative Works. If you create or use a modified version of this License
  174. (which you may only do in order to apply it to code which is not already Covered
  175. Code governed by this License), you must (a) rename Your license so that the
  176. phrases ``Mozilla'', ``MOZILLAPL'', ``MOZPL'', ``Netscape'', ``NPL'' or any
  177. confusingly similar phrase do not appear anywhere in your license and (b)
  178. otherwise make it clear that your version of the license contains terms which
  179. differ from the Mozilla Public License and Netscape Public License. (Filling
  180. in the name of the Initial Developer, Original Code or Contributor in the
  181. notice described in Exhibit A shall not of themselves be deemed to be modifications
  182. of this License.)
  183. 7. DISCLAIMER OF WARRANTY.
  184. COVERED CODE IS PROVIDED UNDER THIS LICENSE ON AN ``AS IS'' BASIS, WITHOUT
  185. WARRANTY OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING, WITHOUT LIMITATION,
  186. WARRANTIES THAT THE COVERED CODE IS FREE OF DEFECTS, MERCHANTABLE, FIT FOR
  187. A PARTICULAR PURPOSE OR NON-INFRINGING. THE ENTIRE RISK AS TO THE QUALITY
  188. AND PERFORMANCE OF THE COVERED CODE IS WITH YOU. SHOULD ANY COVERED CODE PROVE
  189. DEFECTIVE IN ANY RESPECT, YOU (NOT THE INITIAL DEVELOPER OR ANY OTHER CONTRIBUTOR)
  190. ASSUME THE COST OF ANY NECESSARY SERVICING, REPAIR OR CORRECTION. THIS DISCLAIMER
  191. OF WARRANTY CONSTITUTES AN ESSENTIAL PART OF THIS LICENSE. NO USE OF ANY COVERED
  192. CODE IS AUTHORIZED HEREUNDER EXCEPT UNDER THIS DISCLAIMER.
  193. 8. TERMINATION.
  194. This License and the rights granted hereunder will terminate automatically
  195. if You fail to comply with terms herein and fail to cure such breach within
  196. 30 days of becoming aware of the breach. All sublicenses to the Covered Code
  197. which are properly granted shall survive any termination of this License.
  198. Provisions which, by their nature, must remain in effect beyond the termination
  199. of this License shall survive.
  200. 9. LIMITATION OF LIABILITY.
  201. UNDER NO CIRCUMSTANCES AND UNDER NO LEGAL THEORY, WHETHER TORT (INCLUDING
  202. NEGLIGENCE), CONTRACT, OR OTHERWISE, SHALL THE INITIAL DEVELOPER, ANY OTHER
  203. CONTRIBUTOR, OR ANY DISTRIBUTOR OF COVERED CODE, OR ANY SUPPLIER OF ANY OF
  204. SUCH PARTIES, BE LIABLE TO YOU OR ANY OTHER PERSON FOR ANY INDIRECT, SPECIAL,
  205. INCIDENTAL, OR CONSEQUENTIAL DAMAGES OF ANY CHARACTER INCLUDING, WITHOUT LIMITATION,
  206. DAMAGES FOR LOSS OF GOODWILL, WORK STOPPAGE, COMPUTER FAILURE OR MALFUNCTION,
  207. OR ANY AND ALL OTHER COMMERCIAL DAMAGES OR LOSSES, EVEN IF SUCH PARTY SHALL
  208. HAVE BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGES. THIS LIMITATION OF
  209. LIABILITY SHALL NOT APPLY TO LIABILITY FOR DEATH OR PERSONAL INJURY RESULTING
  210. FROM SUCH PARTY'S NEGLIGENCE TO THE EXTENT APPLICABLE LAW PROHIBITS SUCH LIMITATION.
  211. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL
  212. OR CONSEQUENTIAL DAMAGES, SO THAT EXCLUSION AND LIMITATION MAY NOT APPLY TO
  213. YOU.
  214. 10. U.S. GOVERNMENT END USERS.
  215. The Covered Code is a ``commercial item,'' as that term is defined in 48 C.F.R.
  216. 2.101 (Oct. 1995), consisting of ``commercial computer software'' and ``commercial
  217. computer software documentation,'' as such terms are used in 48 C.F.R. 12.212
  218. (Sept. 1995). Consistent with 48 C.F.R. 12.212 and 48 C.F.R. 227.7202-1 through
  219. 227.7202-4 (June 1995), all U.S. Government End Users acquire Covered Code
  220. with only those rights set forth herein.
  221. 11. MISCELLANEOUS.
  222. This License represents the complete agreement concerning subject matter hereof.
  223. If any provision of this License is held to be unenforceable, such provision
  224. shall be reformed only to the extent necessary to make it enforceable. This
  225. License shall be governed by California law provisions (except to the extent
  226. applicable law, if any, provides otherwise), excluding its conflict-of-law
  227. provisions. With respect to disputes in which at least one party is a citizen
  228. of, or an entity chartered or registered to do business in, the United States
  229. of America: (a) unless otherwise agreed in writing, all disputes relating
  230. to this License (excepting any dispute relating to intellectual property rights)
  231. shall be subject to final and binding arbitration, with the losing party paying
  232. all costs of arbitration; (b) any arbitration relating to this Agreement shall
  233. be held in Santa Clara County, California, under the auspices of JAMS/EndDispute;
  234. and (c) any litigation relating to this Agreement shall be subject to the
  235. jurisdiction of the Federal Courts of the Northern District of California,
  236. with venue lying in Santa Clara County, California, with the losing party
  237. responsible for costs, including without limitation, court costs and reasonable
  238. attorneys fees and expenses. The application of the United Nations Convention
  239. on Contracts for the International Sale of Goods is expressly excluded. Any
  240. law or regulation which provides that the language of a contract shall be
  241. construed against the drafter shall not apply to this License.
  242. 12. RESPONSIBILITY FOR CLAIMS.
  243. Except in cases where another Contributor has failed to comply with Section
  244. 3.4, You are responsible for damages arising, directly or indirectly, out
  245. of Your utilization of rights under this License, based on the number of copies
  246. of Covered Code you made available, the revenues you received from utilizing
  247. such rights, and other relevant factors. You agree to work with affected parties
  248. to distribute responsibility on an equitable basis.
  249. AMENDMENTS
  250. Additional Terms applicable to the Netscape Public License.
  251. I. Effect.
  252. These additional terms described in this Netscape Public License -- Amendments
  253. shall apply to the Mozilla Communicator client code and to all Covered Code
  254. under this License.
  255. II. ``Netscape's Branded Code'' means Covered Code that Netscape distributes
  256. and/or permits others to distribute under one or more trademark(s) which are
  257. controlled by Netscape but which are not licensed for use under this License.
  258. III. Netscape and logo.
  259. This License does not grant any rights to use the trademark ``Netscape'',
  260. the ``Netscape N and horizon'' logo or the Netscape lighthouse logo, even
  261. if such marks are included in the Original Code.
  262. IV. Inability to Comply Due to Contractual Obligation.
  263. Prior to licensing the Original Code under this License, Netscape has licensed
  264. third party code for use in Netscape's Branded Code. To the extent that Netscape
  265. is limited contractually from making such third party code available under
  266. this License, Netscape may choose to reintegrate such code into Covered Code
  267. without being required to distribute such code in Source Code form, even if
  268. such code would otherwise be considered ``Modifications'' under this License.
  269. V. Use of Modifications and Covered Code by Initial Developer.
  270. V.1. In General. The obligations of Section 3 apply to Netscape, except to
  271. the extent specified in this Amendment, Section V.2 and V.3.
  272. V.2. Other Products. Netscape may include Covered Code in products other than
  273. the Netscape's Branded Code which are released by Netscape during the two
  274. (2) years following the release date of the Original Code, without such additional
  275. products becoming subject to the terms of this License, and may license such
  276. additional products on different terms from those contained in this License.
  277. V.3. Alternative Licensing. Netscape may license the Source Code of Netscape's
  278. Branded Code, including Modifications incorporated therein, without such additional
  279. products becoming subject to the terms of this License, and may license such
  280. additional products on different terms from those contained in this License.
  281. VI. Arbitration and Litigation.
  282. Notwithstanding the limitations of Section 11 above, the provisions regarding
  283. arbitration and litigation in Section 11(a), (b) and (c) of the License shall
  284. apply to all disputes relating to this License. EXHIBIT A.
  285. "The contents of this file are subject to the Netscape Public License Version
  286. 1.0 (the "License"); you may not use this file except in compliance with the
  287. License. You may obtain a copy of the License at http://www.mozilla.org/NPL/
  288. Software distributed under the License is distributed on an "AS IS" basis,
  289. WITHOUT WARRANTY OF ANY KIND, either express or implied. See the License for
  290. the specific language governing rights and limitations under the License.
  291. The Original Code is Mozilla Communicator client code, released March 31, 1998.
  292. The Initial Developer of the Original Code is Netscape Communications Corporation.
  293. Portions created by Netscape are Copyright (C) 1998 Netscape Communications
  294. Corporation. All Rights Reserved.
  295. Contributor(s): ______________________________________."
  296. [NOTE: The text of this Exhibit A may differ slightly from the text of the
  297. notices in the Source Code files of the Original Code. This is due to time
  298. constraints encountered in simultaneously finalizing the License and in preparing
  299. the Original Code for release. You should use the text of this Exhibit A rather
  300. than the text found in the Original Code Source Code for Your Modifications.]
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