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- NETSCAPE PUBLIC LICENSE
-
- Version 1.0
-
- 1. Definitions.
-
- 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 byExhibit 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.
-
- 1.9. ``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 byExhibit A as Original Code,
- and which, at the time of its release under this License is not already Covered
- Code governed by this License.
-
- 1.11. ``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 a list of 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'' 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 fifty percent (50%) or more
- 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) to use, reproduce, modify, display, perform, sublicense and distribute
- the Original Code (or portions thereof) with or without Modifications, or
- as part of a Larger Work; and
-
- (b) under patents now or hereafter owned or controlled by Initial Developer,
- to make, have made, use and sell (``Utilize'') the Original Code (or portions
- thereof), but solely to the extent that any such patent is reasonably necessary
- to enable You to Utilize the Original Code (or portions thereof) and not to
- any greater extent that may be necessary to Utilize further Modifications
- or combinations.
-
-
-
- 2.2. Contributor Grant.
-
- Each Contributor hereby grants You a world-wide, royalty-free, non-exclusive
- license, subject to third party intellectual property claims:
-
- (a) 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 or as part
- of a Larger Work; and
-
- (b) under patents now or hereafter owned or controlled by Contributor, to
- Utilize the Contributor Version (or portions thereof), but solely to the extent
- that any such patent is reasonably necessary to enable You to Utilize the
- Contributor Version (or portions thereof), and not to any greater extent that
- may be necessary to Utilize further Modifications or combinations.
-
- 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 You have knowledge that a party claims an intellectual
- property right in particular functionality or code (or its utilization under
- this License), you 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 you obtain
- such knowledge after You make Your Modification available as described in
- Section 3.2, You shall promptly modify the LEGAL file in all copies You make
- 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 Your Modification is an application programming interface
- and You own or control patents which are reasonably necessary to implement
- that API, you must also include this information in the LEGAL file.
-
- 3.5. Required Notices. You must duplicate the notice in Exhibit A in each
- file of the Source Code, and this License in any documentation for the Source
- Code, where You describe recipients' rights relating to Covered Code. If You
- created one or more Modification(s), You may add your name as a Contributor
- to the notice described in Exhibit A. 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 file) where a user
- would be likely to look for such a notice. 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 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 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'', ``NPL'' or any
- confusingly similar phrase do not appear anywhere in your 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.
-
- 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.
-
- 9. LIMITATION OF LIABILITY.
-
- UNDER NO CIRCUMSTANCES AND UNDER NO LEGAL THEORY, WHETHER TORT (INCLUDING
- NEGLIGENCE), CONTRACT, OR OTHERWISE, SHALL THE INITIAL DEVELOPER, ANY OTHER
- CONTRIBUTOR, OR ANY DISTRIBUTOR OF COVERED CODE, OR ANY SUPPLIER OF ANY OF
- SUCH PARTIES, BE LIABLE TO YOU OR ANY OTHER 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 THAT 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: (a) unless otherwise agreed in writing, all disputes relating
- to this License (excepting any dispute relating to intellectual property rights)
- shall be subject to final and binding arbitration, with the losing party paying
- all costs of arbitration; (b) any arbitration relating to this Agreement shall
- be held in Santa Clara County, California, under the auspices of JAMS/EndDispute;
- and (c) any litigation relating to this Agreement 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.
-
- Except in cases where another Contributor has failed to comply with Section
- 3.4, You are responsible for damages arising, directly or indirectly, out
- of Your utilization of rights under this License, based on the number of copies
- of Covered Code you made available, the revenues you received from utilizing
- such rights, and other relevant factors. You agree to work with affected parties
- to distribute responsibility on an equitable basis.
-
- AMENDMENTS
-
- 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 trademark ``Netscape'',
- the ``Netscape N and horizon'' logo or the Netscape lighthouse logo, even
- if such marks are included in the Original Code.
-
- 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 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.
-
- VI. Arbitration and Litigation.
-
- Notwithstanding the limitations of Section 11 above, the provisions regarding
- arbitration and litigation in Section 11(a), (b) and (c) of the License shall
- apply to all disputes relating to this License. EXHIBIT A.
-
- "The contents of this file are subject to the Netscape Public License Version
- 1.0 (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 Netscape Communications
- Corporation. All Rights Reserved.
-
- Contributor(s): ______________________________________."
-
- [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. This is due to time
- constraints encountered in simultaneously finalizing the License and in preparing
- the Original Code for release. You should use the text of this Exhibit A rather
- than the text found in the Original Code Source Code for Your Modifications.]
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