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Sat Jun 21 06:55:58 2003 UTC (11 years, 3 months ago) by george
Branch: MAIN
CVS Tags: HEAD
Branch point for: RELEASE-1_4
Mozilla Public License 1.0, necessary for dev-lang/nqc

1 george 1.1
2     MOZILLA PUBLIC LICENSE
3     Version 1.0
4    
5     ----------------
6    
7     1. Definitions.
8    
9     1.1. ``Contributor'' means each entity that creates or contributes to
10     the creation of Modifications.
11    
12     1.2. ``Contributor Version'' means the combination of the Original
13     Code, prior Modifications used by a Contributor, and the Modifications
14     made by that particular Contributor.
15    
16     1.3. ``Covered Code'' means the Original Code or Modifications or the
17     combination of the Original Code and Modifications, in each case
18     including portions thereof.
19    
20     1.4. ``Electronic Distribution Mechanism'' means a mechanism generally
21     accepted in the software development community for the electronic
22     transfer of data.
23    
24     1.5. ``Executable'' means Covered Code in any form other than Source
25     Code.
26    
27     1.6. ``Initial Developer'' means the individual or entity identified as
28     the Initial Developer in the Source Code notice required by Exhibit A.
29    
30     1.7. ``Larger Work'' means a work which combines Covered Code or
31     portions thereof with code not governed by the terms of this License.
32    
33     1.8. ``License'' means this document.
34    
35     1.9. ``Modifications'' means any addition to or deletion from the
36     substance or structure of either the Original Code or any previous
37     Modifications. When Covered Code is released as a series of files, a
38     Modification is:
39    
40     A. Any addition to or deletion from the contents of a file
41     containing Original Code or previous Modifications.
42    
43     B. Any new file that contains any part of the Original Code or
44     previous Modifications.
45    
46     1.10. ``Original Code'' means Source Code of computer software code
47     which is described in the Source Code notice required by Exhibit A as
48     Original Code, and which, at the time of its release under this License
49     is not already Covered Code governed by this License.
50    
51     1.11. ``Source Code'' means the preferred form of the Covered Code for
52     making modifications to it, including all modules it contains, plus any
53     associated interface definition files, scripts used to control
54     compilation and installation of an Executable, or a list of source code
55     differential comparisons against either the Original Code or another
56     well known, available Covered Code of the Contributor's choice. The
57     Source Code can be in a compressed or archival form, provided the
58     appropriate decompression or de-archiving software is widely available
59     for no charge.
60    
61     1.12. ``You'' means an individual or a legal entity exercising rights
62     under, and complying with all of the terms of, this License or a future
63     version of this License issued under Section 6.1. For legal entities,
64     ``You'' includes any entity which controls, is controlled by, or is
65     under common control with You. For purposes of this definition,
66     ``control'' means (a) the power, direct or indirect, to cause the
67     direction or management of such entity, whether by contract or
68     otherwise, or (b) ownership of fifty percent (50%) or more of the
69     outstanding shares or beneficial ownership of such entity.
70    
71     2. Source Code License.
72    
73     2.1. The Initial Developer Grant.
74     The Initial Developer hereby grants You a world-wide, royalty-free,
75     non-exclusive license, subject to third party intellectual property
76     claims:
77    
78     (a) to use, reproduce, modify, display, perform, sublicense and
79     distribute the Original Code (or portions thereof) with or without
80     Modifications, or as part of a Larger Work; and
81    
82     (b) under patents now or hereafter owned or controlled by Initial
83     Developer, to make, have made, use and sell (``Utilize'') the
84     Original Code (or portions thereof), but solely to the extent that
85     any such patent is reasonably necessary to enable You to Utilize
86     the Original Code (or portions thereof) and not to any greater
87     extent that may be necessary to Utilize further Modifications or
88     combinations.
89    
90     2.2. Contributor Grant.
91     Each Contributor hereby grants You a world-wide, royalty-free,
92     non-exclusive license, subject to third party intellectual property
93     claims:
94    
95     (a) to use, reproduce, modify, display, perform, sublicense and
96     distribute the Modifications created by such Contributor (or
97     portions thereof) either on an unmodified basis, with other
98     Modifications, as Covered Code or as part of a Larger Work; and
99    
100     (b) under patents now or hereafter owned or controlled by
101     Contributor, to Utilize the Contributor Version (or portions
102     thereof), but solely to the extent that any such patent is
103     reasonably necessary to enable You to Utilize the Contributor
104     Version (or portions thereof), and not to any greater extent that
105     may be necessary to Utilize further Modifications or combinations.
106    
107     3. Distribution Obligations.
108    
109     3.1. Application of License.
110     The Modifications which You create or to which You contribute are
111     governed by the terms of this License, including without limitation
112     Section 2.2. The Source Code version of Covered Code may be distributed
113     only under the terms of this License or a future version of this
114     License released under Section 6.1, and You must include a copy of this
115     License with every copy of the Source Code You distribute. You may not
116     offer or impose any terms on any Source Code version that alters or
117     restricts the applicable version of this License or the recipients'
118     rights hereunder. However, You may include an additional document
119     offering the additional rights described in Section 3.5.
120    
121     3.2. Availability of Source Code.
122     Any Modification which You create or to which You contribute must be
123     made available in Source Code form under the terms of this License
124     either on the same media as an Executable version or via an accepted
125     Electronic Distribution Mechanism to anyone to whom you made an
126     Executable version available; and if made available via Electronic
127     Distribution Mechanism, must remain available for at least twelve (12)
128     months after the date it initially became available, or at least six
129     (6) months after a subsequent version of that particular Modification
130     has been made available to such recipients. You are responsible for
131     ensuring that the Source Code version remains available even if the
132     Electronic Distribution Mechanism is maintained by a third party.
133    
134     3.3. Description of Modifications.
135     You must cause all Covered Code to which you contribute to contain a
136     file documenting the changes You made to create that Covered Code and
137     the date of any change. You must include a prominent statement that the
138     Modification is derived, directly or indirectly, from Original Code
139     provided by the Initial Developer and including the name of the Initial
140     Developer in (a) the Source Code, and (b) in any notice in an
141     Executable version or related documentation in which You describe the
142     origin or ownership of the Covered Code.
143    
144     3.4. Intellectual Property Matters
145    
146     (a) Third Party Claims.
147     If You have knowledge that a party claims an intellectual property
148     right in particular functionality or code (or its utilization
149     under this License), you must include a text file with the source
150     code distribution titled ``LEGAL'' which describes the claim and
151     the party making the claim in sufficient detail that a recipient
152     will know whom to contact. If you obtain such knowledge after You
153     make Your Modification available as described in Section 3.2, You
154     shall promptly modify the LEGAL file in all copies You make
155     available thereafter and shall take other steps (such as notifying
156     appropriate mailing lists or newsgroups) reasonably calculated to
157     inform those who received the Covered Code that new knowledge has
158     been obtained.
159    
160     (b) Contributor APIs.
161     If Your Modification is an application programming interface and
162     You own or control patents which are reasonably necessary to
163     implement that API, you must also include this information in the
164     LEGAL file.
165    
166     3.5. Required Notices.
167     You must duplicate the notice in Exhibit A in each file of the Source
168     Code, and this License in any documentation for the Source Code, where
169     You describe recipients' rights relating to Covered Code. If You
170     created one or more Modification(s), You may add your name as a
171     Contributor to the notice described in Exhibit A. If it is not possible
172     to put such notice in a particular Source Code file due to its
173     structure, then you must include such notice in a location (such as a
174     relevant directory file) where a user would be likely to look for such
175     a notice. You may choose to offer, and to charge a fee for, warranty,
176     support, indemnity or liability obligations to one or more recipients
177     of Covered Code. However, You may do so only on Your own behalf, and
178     not on behalf of the Initial Developer or any Contributor. You must
179     make it absolutely clear than any such warranty, support, indemnity or
180     liability obligation is offered by You alone, and You hereby agree to
181     indemnify the Initial Developer and every Contributor for any liability
182     incurred by the Initial Developer or such Contributor as a result of
183     warranty, support, indemnity or liability terms You offer.
184    
185     3.6. Distribution of Executable Versions.
186     You may distribute Covered Code in Executable form only if the
187     requirements of Section 3.1-3.5 have been met for that Covered Code,
188     and if You include a notice stating that the Source Code version of the
189     Covered Code is available under the terms of this License, including a
190     description of how and where You have fulfilled the obligations of
191     Section 3.2. The notice must be conspicuously included in any notice in
192     an Executable version, related documentation or collateral in which You
193     describe recipients' rights relating to the Covered Code. You may
194     distribute the Executable version of Covered Code under a license of
195     Your choice, which may contain terms different from this License,
196     provided that You are in compliance with the terms of this License and
197     that the license for the Executable version does not attempt to limit
198     or alter the recipient's rights in the Source Code version from the
199     rights set forth in this License. If You distribute the Executable
200     version under a different license You must make it absolutely clear
201     that any terms which differ from this License are offered by You alone,
202     not by the Initial Developer or any Contributor. You hereby agree to
203     indemnify the Initial Developer and every Contributor for any liability
204     incurred by the Initial Developer or such Contributor as a result of
205     any such terms You offer.
206    
207     3.7. Larger Works.
208     You may create a Larger Work by combining Covered Code with other code
209     not governed by the terms of this License and distribute the Larger
210     Work as a single product. In such a case, You must make sure the
211     requirements of this License are fulfilled for the Covered Code.
212    
213     4. Inability to Comply Due to Statute or Regulation.
214    
215     If it is impossible for You to comply with any of the terms of this
216     License with respect to some or all of the Covered Code due to statute
217     or regulation then You must: (a) comply with the terms of this License
218     to the maximum extent possible; and (b) describe the limitations and
219     the code they affect. Such description must be included in the LEGAL
220     file described in Section 3.4 and must be included with all
221     distributions of the Source Code. Except to the extent prohibited by
222     statute or regulation, such description must be sufficiently detailed
223     for a recipient of ordinary skill to be able to understand it.
224    
225     5. Application of this License.
226    
227     This License applies to code to which the Initial Developer has
228     attached the notice in Exhibit A, and to related Covered Code.
229    
230     6. Versions of the License.
231    
232     6.1. New Versions.
233     Netscape Communications Corporation (``Netscape'') may publish revised
234     and/or new versions of the License from time to time. Each version will
235     be given a distinguishing version number.
236    
237     6.2. Effect of New Versions.
238     Once Covered Code has been published under a particular version of the
239     License, You may always continue to use it under the terms of that
240     version. You may also choose to use such Covered Code under the terms
241     of any subsequent version of the License published by Netscape. No one
242     other than Netscape has the right to modify the terms applicable to
243     Covered Code created under this License.
244    
245     6.3. Derivative Works.
246     If you create or use a modified version of this License (which you may
247     only do in order to apply it to code which is not already Covered Code
248     governed by this License), you must (a) rename Your license so that the
249     phrases ``Mozilla'', ``MOZILLAPL'', ``MOZPL'', ``Netscape'', ``NPL'' or
250     any confusingly similar phrase do not appear anywhere in your license
251     and (b) otherwise make it clear that your version of the license
252     contains terms which differ from the Mozilla Public License and
253     Netscape Public License. (Filling in the name of the Initial Developer,
254     Original Code or Contributor in the notice described in Exhibit A shall
255     not of themselves be deemed to be modifications of this License.)
256    
257     7. DISCLAIMER OF WARRANTY.
258    
259     COVERED CODE IS PROVIDED UNDER THIS LICENSE ON AN ``AS IS'' BASIS,
260     WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING,
261     WITHOUT LIMITATION, WARRANTIES THAT THE COVERED CODE IS FREE OF
262     DEFECTS, MERCHANTABLE, FIT FOR A PARTICULAR PURPOSE OR NON-INFRINGING.
263     THE ENTIRE RISK AS TO THE QUALITY AND PERFORMANCE OF THE COVERED CODE
264     IS WITH YOU. SHOULD ANY COVERED CODE PROVE DEFECTIVE IN ANY RESPECT,
265     YOU (NOT THE INITIAL DEVELOPER OR ANY OTHER CONTRIBUTOR) ASSUME THE
266     COST OF ANY NECESSARY SERVICING, REPAIR OR CORRECTION. THIS DISCLAIMER
267     OF WARRANTY CONSTITUTES AN ESSENTIAL PART OF THIS LICENSE. NO USE OF
268     ANY COVERED CODE IS AUTHORIZED HEREUNDER EXCEPT UNDER THIS DISCLAIMER.
269    
270     8. TERMINATION.
271    
272     This License and the rights granted hereunder will terminate
273     automatically if You fail to comply with terms herein and fail to cure
274     such breach within 30 days of becoming aware of the breach. All
275     sublicenses to the Covered Code which are properly granted shall
276     survive any termination of this License. Provisions which, by their
277     nature, must remain in effect beyond the termination of this License
278     shall survive.
279    
280     9. LIMITATION OF LIABILITY.
281    
282     UNDER NO CIRCUMSTANCES AND UNDER NO LEGAL THEORY, WHETHER TORT
283     (INCLUDING NEGLIGENCE), CONTRACT, OR OTHERWISE, SHALL THE INITIAL
284     DEVELOPER, ANY OTHER CONTRIBUTOR, OR ANY DISTRIBUTOR OF COVERED CODE,
285     OR ANY SUPPLIER OF ANY OF SUCH PARTIES, BE LIABLE TO YOU OR ANY OTHER
286     PERSON FOR ANY INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES
287     OF ANY CHARACTER INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF
288     GOODWILL, WORK STOPPAGE, COMPUTER FAILURE OR MALFUNCTION, OR ANY AND
289     ALL OTHER COMMERCIAL DAMAGES OR LOSSES, EVEN IF SUCH PARTY SHALL HAVE
290     BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGES. THIS LIMITATION OF
291     LIABILITY SHALL NOT APPLY TO LIABILITY FOR DEATH OR PERSONAL INJURY
292     RESULTING FROM SUCH PARTY'S NEGLIGENCE TO THE EXTENT APPLICABLE LAW
293     PROHIBITS SUCH LIMITATION. SOME JURISDICTIONS DO NOT ALLOW THE
294     EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THAT
295     EXCLUSION AND LIMITATION MAY NOT APPLY TO YOU.
296    
297     10. U.S. GOVERNMENT END USERS.
298    
299     The Covered Code is a ``commercial item,'' as that term is defined in
300     48 C.F.R. 2.101 (Oct. 1995), consisting of ``commercial computer
301     software'' and ``commercial computer software documentation,'' as such
302     terms are used in 48 C.F.R. 12.212 (Sept. 1995). Consistent with 48
303     C.F.R. 12.212 and 48 C.F.R. 227.7202-1 through 227.7202-4 (June 1995),
304     all U.S. Government End Users acquire Covered Code with only those
305     rights set forth herein.
306    
307     11. MISCELLANEOUS.
308    
309     This License represents the complete agreement concerning subject
310     matter hereof. If any provision of this License is held to be
311     unenforceable, such provision shall be reformed only to the extent
312     necessary to make it enforceable. This License shall be governed by
313     California law provisions (except to the extent applicable law, if any,
314     provides otherwise), excluding its conflict-of-law provisions. With
315     respect to disputes in which at least one party is a citizen of, or an
316     entity chartered or registered to do business in, the United States of
317     America: (a) unless otherwise agreed in writing, all disputes relating
318     to this License (excepting any dispute relating to intellectual
319     property rights) shall be subject to final and binding arbitration,
320     with the losing party paying all costs of arbitration; (b) any
321     arbitration relating to this Agreement shall be held in Santa Clara
322     County, California, under the auspices of JAMS/EndDispute; and (c) any
323     litigation relating to this Agreement shall be subject to the
324     jurisdiction of the Federal Courts of the Northern District of
325     California, with venue lying in Santa Clara County, California, with
326     the losing party responsible for costs, including without limitation,
327     court costs and reasonable attorneys fees and expenses. The application
328     of the United Nations Convention on Contracts for the International
329     Sale of Goods is expressly excluded. Any law or regulation which
330     provides that the language of a contract shall be construed against the
331     drafter shall not apply to this License.
332    
333     12. RESPONSIBILITY FOR CLAIMS.
334    
335     Except in cases where another Contributor has failed to comply with
336     Section 3.4, You are responsible for damages arising, directly or
337     indirectly, out of Your utilization of rights under this License, based
338     on the number of copies of Covered Code you made available, the
339     revenues you received from utilizing such rights, and other relevant
340     factors. You agree to work with affected parties to distribute
341     responsibility on an equitable basis.
342    
343     EXHIBIT A.
344    
345     ``The contents of this file are subject to the Mozilla Public License
346     Version 1.0 (the "License"); you may not use this file except in
347     compliance with the License. You may obtain a copy of the License at
348     http://www.mozilla.org/MPL/
349    
350     Software distributed under the License is distributed on an "AS IS"
351     basis, WITHOUT WARRANTY OF ANY KIND, either express or implied. See the
352     License for the specific language governing rights and limitations
353     under the License.
354    
355     The Original Code is ______________________________________.
356    
357     The Initial Developer of the Original Code is ________________________.
358     Portions created by ______________________ are Copyright (C) ______
359     _______________________. All Rights Reserved.
360    
361     Contributor(s): ______________________________________.''

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