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Revision 1.1 - (show annotations) (download)
Sat Jun 21 06:55:58 2003 UTC (11 years, 6 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
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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