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Revision 1.1 - (show annotations) (download)
Sat Jun 21 06:55:58 2003 UTC (14 years, 5 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 MOZILLA PUBLIC LICENSE
2 Version 1.0
3
4 ----------------
5
6 1. Definitions.
7
8 1.1. ``Contributor'' means each entity that creates or contributes to
9 the creation of Modifications.
10
11 1.2. ``Contributor Version'' means the combination of the Original
12 Code, prior Modifications used by a Contributor, and the Modifications
13 made by that particular Contributor.
14
15 1.3. ``Covered Code'' means the Original Code or Modifications or the
16 combination of the Original Code and Modifications, in each case
17 including portions thereof.
18
19 1.4. ``Electronic Distribution Mechanism'' means a mechanism generally
20 accepted in the software development community for the electronic
21 transfer of data.
22
23 1.5. ``Executable'' means Covered Code in any form other than Source
24 Code.
25
26 1.6. ``Initial Developer'' means the individual or entity identified as
27 the Initial Developer in the Source Code notice required by Exhibit A.
28
29 1.7. ``Larger Work'' means a work which combines Covered Code or
30 portions thereof with code not governed by the terms of this License.
31
32 1.8. ``License'' means this document.
33
34 1.9. ``Modifications'' means any addition to or deletion from the
35 substance or structure of either the Original Code or any previous
36 Modifications. When Covered Code is released as a series of files, a
37 Modification is:
38
39 A. Any addition to or deletion from the contents of a file
40 containing Original Code or previous Modifications.
41
42 B. Any new file that contains any part of the Original Code or
43 previous Modifications.
44
45 1.10. ``Original Code'' means Source Code of computer software code
46 which is described in the Source Code notice required by Exhibit A as
47 Original Code, and which, at the time of its release under this License
48 is not already Covered Code governed by this License.
49
50 1.11. ``Source Code'' means the preferred form of the Covered Code for
51 making modifications to it, including all modules it contains, plus any
52 associated interface definition files, scripts used to control
53 compilation and installation of an Executable, or a list of source code
54 differential comparisons against either the Original Code or another
55 well known, available Covered Code of the Contributor's choice. The
56 Source Code can be in a compressed or archival form, provided the
57 appropriate decompression or de-archiving software is widely available
58 for no charge.
59
60 1.12. ``You'' means an individual or a legal entity exercising rights
61 under, and complying with all of the terms of, this License or a future
62 version of this License issued under Section 6.1. For legal entities,
63 ``You'' includes any entity which controls, is controlled by, or is
64 under common control with You. For purposes of this definition,
65 ``control'' means (a) the power, direct or indirect, to cause the
66 direction or management of such entity, whether by contract or
67 otherwise, or (b) ownership of fifty percent (50%) or more of the
68 outstanding shares or beneficial ownership of such entity.
69
70 2. Source Code License.
71
72 2.1. The Initial Developer Grant.
73 The Initial Developer hereby grants You a world-wide, royalty-free,
74 non-exclusive license, subject to third party intellectual property
75 claims:
76
77 (a) to use, reproduce, modify, display, perform, sublicense and
78 distribute the Original Code (or portions thereof) with or without
79 Modifications, or as part of a Larger Work; and
80
81 (b) under patents now or hereafter owned or controlled by Initial
82 Developer, to make, have made, use and sell (``Utilize'') the
83 Original Code (or portions thereof), but solely to the extent that
84 any such patent is reasonably necessary to enable You to Utilize
85 the Original Code (or portions thereof) and not to any greater
86 extent that may be necessary to Utilize further Modifications or
87 combinations.
88
89 2.2. Contributor Grant.
90 Each Contributor hereby grants You a world-wide, royalty-free,
91 non-exclusive license, subject to third party intellectual property
92 claims:
93
94 (a) to use, reproduce, modify, display, perform, sublicense and
95 distribute the Modifications created by such Contributor (or
96 portions thereof) either on an unmodified basis, with other
97 Modifications, as Covered Code or as part of a Larger Work; and
98
99 (b) under patents now or hereafter owned or controlled by
100 Contributor, to Utilize the Contributor Version (or portions
101 thereof), but solely to the extent that any such patent is
102 reasonably necessary to enable You to Utilize the Contributor
103 Version (or portions thereof), and not to any greater extent that
104 may be necessary to Utilize further Modifications or combinations.
105
106 3. Distribution Obligations.
107
108 3.1. Application of License.
109 The Modifications which You create or to which You contribute are
110 governed by the terms of this License, including without limitation
111 Section 2.2. The Source Code version of Covered Code may be distributed
112 only under the terms of this License or a future version of this
113 License released under Section 6.1, and You must include a copy of this
114 License with every copy of the Source Code You distribute. You may not
115 offer or impose any terms on any Source Code version that alters or
116 restricts the applicable version of this License or the recipients'
117 rights hereunder. However, You may include an additional document
118 offering the additional rights described in Section 3.5.
119
120 3.2. Availability of Source Code.
121 Any Modification which You create or to which You contribute must be
122 made available in Source Code form under the terms of this License
123 either on the same media as an Executable version or via an accepted
124 Electronic Distribution Mechanism to anyone to whom you made an
125 Executable version available; and if made available via Electronic
126 Distribution Mechanism, must remain available for at least twelve (12)
127 months after the date it initially became available, or at least six
128 (6) months after a subsequent version of that particular Modification
129 has been made available to such recipients. You are responsible for
130 ensuring that the Source Code version remains available even if the
131 Electronic Distribution Mechanism is maintained by a third party.
132
133 3.3. Description of Modifications.
134 You must cause all Covered Code to which you contribute to contain a
135 file documenting the changes You made to create that Covered Code and
136 the date of any change. You must include a prominent statement that the
137 Modification is derived, directly or indirectly, from Original Code
138 provided by the Initial Developer and including the name of the Initial
139 Developer in (a) the Source Code, and (b) in any notice in an
140 Executable version or related documentation in which You describe the
141 origin or ownership of the Covered Code.
142
143 3.4. Intellectual Property Matters
144
145 (a) Third Party Claims.
146 If You have knowledge that a party claims an intellectual property
147 right in particular functionality or code (or its utilization
148 under this License), you must include a text file with the source
149 code distribution titled ``LEGAL'' which describes the claim and
150 the party making the claim in sufficient detail that a recipient
151 will know whom to contact. If you obtain such knowledge after You
152 make Your Modification available as described in Section 3.2, You
153 shall promptly modify the LEGAL file in all copies You make
154 available thereafter and shall take other steps (such as notifying
155 appropriate mailing lists or newsgroups) reasonably calculated to
156 inform those who received the Covered Code that new knowledge has
157 been obtained.
158
159 (b) Contributor APIs.
160 If Your Modification is an application programming interface and
161 You own or control patents which are reasonably necessary to
162 implement that API, you must also include this information in the
163 LEGAL file.
164
165 3.5. Required Notices.
166 You must duplicate the notice in Exhibit A in each file of the Source
167 Code, and this License in any documentation for the Source Code, where
168 You describe recipients' rights relating to Covered Code. If You
169 created one or more Modification(s), You may add your name as a
170 Contributor to the notice described in Exhibit A. If it is not possible
171 to put such notice in a particular Source Code file due to its
172 structure, then you must include such notice in a location (such as a
173 relevant directory file) where a user would be likely to look for such
174 a notice. You may choose to offer, and to charge a fee for, warranty,
175 support, indemnity or liability obligations to one or more recipients
176 of Covered Code. However, You may do so only on Your own behalf, and
177 not on behalf of the Initial Developer or any Contributor. You must
178 make it absolutely clear than any such warranty, support, indemnity or
179 liability obligation is offered by You alone, and You hereby agree to
180 indemnify the Initial Developer and every Contributor for any liability
181 incurred by the Initial Developer or such Contributor as a result of
182 warranty, support, indemnity or liability terms You offer.
183
184 3.6. Distribution of Executable Versions.
185 You may distribute Covered Code in Executable form only if the
186 requirements of Section 3.1-3.5 have been met for that Covered Code,
187 and if You include a notice stating that the Source Code version of the
188 Covered Code is available under the terms of this License, including a
189 description of how and where You have fulfilled the obligations of
190 Section 3.2. The notice must be conspicuously included in any notice in
191 an Executable version, related documentation or collateral in which You
192 describe recipients' rights relating to the Covered Code. You may
193 distribute the Executable version of Covered Code under a license of
194 Your choice, which may contain terms different from this License,
195 provided that You are in compliance with the terms of this License and
196 that the license for the Executable version does not attempt to limit
197 or alter the recipient's rights in the Source Code version from the
198 rights set forth in this License. If You distribute the Executable
199 version under a different license You must make it absolutely clear
200 that any terms which differ from this License are offered by You alone,
201 not by the Initial Developer or any Contributor. You hereby agree to
202 indemnify the Initial Developer and every Contributor for any liability
203 incurred by the Initial Developer or such Contributor as a result of
204 any such terms You offer.
205
206 3.7. Larger Works.
207 You may create a Larger Work by combining Covered Code with other code
208 not governed by the terms of this License and distribute the Larger
209 Work as a single product. In such a case, You must make sure the
210 requirements of this License are fulfilled for the Covered Code.
211
212 4. Inability to Comply Due to Statute or Regulation.
213
214 If it is impossible for You to comply with any of the terms of this
215 License with respect to some or all of the Covered Code due to statute
216 or regulation then You must: (a) comply with the terms of this License
217 to the maximum extent possible; and (b) describe the limitations and
218 the code they affect. Such description must be included in the LEGAL
219 file described in Section 3.4 and must be included with all
220 distributions of the Source Code. Except to the extent prohibited by
221 statute or regulation, such description must be sufficiently detailed
222 for a recipient of ordinary skill to be able to understand it.
223
224 5. Application of this License.
225
226 This License applies to code to which the Initial Developer has
227 attached the notice in Exhibit A, and to related Covered Code.
228
229 6. Versions of the License.
230
231 6.1. New Versions.
232 Netscape Communications Corporation (``Netscape'') may publish revised
233 and/or new versions of the License from time to time. Each version will
234 be given a distinguishing version number.
235
236 6.2. Effect of New Versions.
237 Once Covered Code has been published under a particular version of the
238 License, You may always continue to use it under the terms of that
239 version. You may also choose to use such Covered Code under the terms
240 of any subsequent version of the License published by Netscape. No one
241 other than Netscape has the right to modify the terms applicable to
242 Covered Code created under this License.
243
244 6.3. Derivative Works.
245 If you create or use a modified version of this License (which you may
246 only do in order to apply it to code which is not already Covered Code
247 governed by this License), you must (a) rename Your license so that the
248 phrases ``Mozilla'', ``MOZILLAPL'', ``MOZPL'', ``Netscape'', ``NPL'' or
249 any confusingly similar phrase do not appear anywhere in your license
250 and (b) otherwise make it clear that your version of the license
251 contains terms which differ from the Mozilla Public License and
252 Netscape Public License. (Filling in the name of the Initial Developer,
253 Original Code or Contributor in the notice described in Exhibit A shall
254 not of themselves be deemed to be modifications of this License.)
255
256 7. DISCLAIMER OF WARRANTY.
257
258 COVERED CODE IS PROVIDED UNDER THIS LICENSE ON AN ``AS IS'' BASIS,
259 WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING,
260 WITHOUT LIMITATION, WARRANTIES THAT THE COVERED CODE IS FREE OF
261 DEFECTS, MERCHANTABLE, FIT FOR A PARTICULAR PURPOSE OR NON-INFRINGING.
262 THE ENTIRE RISK AS TO THE QUALITY AND PERFORMANCE OF THE COVERED CODE
263 IS WITH YOU. SHOULD ANY COVERED CODE PROVE DEFECTIVE IN ANY RESPECT,
264 YOU (NOT THE INITIAL DEVELOPER OR ANY OTHER CONTRIBUTOR) ASSUME THE
265 COST OF ANY NECESSARY SERVICING, REPAIR OR CORRECTION. THIS DISCLAIMER
266 OF WARRANTY CONSTITUTES AN ESSENTIAL PART OF THIS LICENSE. NO USE OF
267 ANY COVERED CODE IS AUTHORIZED HEREUNDER EXCEPT UNDER THIS DISCLAIMER.
268
269 8. TERMINATION.
270
271 This License and the rights granted hereunder will terminate
272 automatically if You fail to comply with terms herein and fail to cure
273 such breach within 30 days of becoming aware of the breach. All
274 sublicenses to the Covered Code which are properly granted shall
275 survive any termination of this License. Provisions which, by their
276 nature, must remain in effect beyond the termination of this License
277 shall survive.
278
279 9. LIMITATION OF LIABILITY.
280
281 UNDER NO CIRCUMSTANCES AND UNDER NO LEGAL THEORY, WHETHER TORT
282 (INCLUDING NEGLIGENCE), CONTRACT, OR OTHERWISE, SHALL THE INITIAL
283 DEVELOPER, ANY OTHER CONTRIBUTOR, OR ANY DISTRIBUTOR OF COVERED CODE,
284 OR ANY SUPPLIER OF ANY OF SUCH PARTIES, BE LIABLE TO YOU OR ANY OTHER
285 PERSON FOR ANY INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES
286 OF ANY CHARACTER INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF
287 GOODWILL, WORK STOPPAGE, COMPUTER FAILURE OR MALFUNCTION, OR ANY AND
288 ALL OTHER COMMERCIAL DAMAGES OR LOSSES, EVEN IF SUCH PARTY SHALL HAVE
289 BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGES. THIS LIMITATION OF
290 LIABILITY SHALL NOT APPLY TO LIABILITY FOR DEATH OR PERSONAL INJURY
291 RESULTING FROM SUCH PARTY'S NEGLIGENCE TO THE EXTENT APPLICABLE LAW
292 PROHIBITS SUCH LIMITATION. SOME JURISDICTIONS DO NOT ALLOW THE
293 EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THAT
294 EXCLUSION AND LIMITATION MAY NOT APPLY TO YOU.
295
296 10. U.S. GOVERNMENT END USERS.
297
298 The Covered Code is a ``commercial item,'' as that term is defined in
299 48 C.F.R. 2.101 (Oct. 1995), consisting of ``commercial computer
300 software'' and ``commercial computer software documentation,'' as such
301 terms are used in 48 C.F.R. 12.212 (Sept. 1995). Consistent with 48
302 C.F.R. 12.212 and 48 C.F.R. 227.7202-1 through 227.7202-4 (June 1995),
303 all U.S. Government End Users acquire Covered Code with only those
304 rights set forth herein.
305
306 11. MISCELLANEOUS.
307
308 This License represents the complete agreement concerning subject
309 matter hereof. If any provision of this License is held to be
310 unenforceable, such provision shall be reformed only to the extent
311 necessary to make it enforceable. This License shall be governed by
312 California law provisions (except to the extent applicable law, if any,
313 provides otherwise), excluding its conflict-of-law provisions. With
314 respect to disputes in which at least one party is a citizen of, or an
315 entity chartered or registered to do business in, the United States of
316 America: (a) unless otherwise agreed in writing, all disputes relating
317 to this License (excepting any dispute relating to intellectual
318 property rights) shall be subject to final and binding arbitration,
319 with the losing party paying all costs of arbitration; (b) any
320 arbitration relating to this Agreement shall be held in Santa Clara
321 County, California, under the auspices of JAMS/EndDispute; and (c) any
322 litigation relating to this Agreement shall be subject to the
323 jurisdiction of the Federal Courts of the Northern District of
324 California, with venue lying in Santa Clara County, California, with
325 the losing party responsible for costs, including without limitation,
326 court costs and reasonable attorneys fees and expenses. The application
327 of the United Nations Convention on Contracts for the International
328 Sale of Goods is expressly excluded. Any law or regulation which
329 provides that the language of a contract shall be construed against the
330 drafter shall not apply to this License.
331
332 12. RESPONSIBILITY FOR CLAIMS.
333
334 Except in cases where another Contributor has failed to comply with
335 Section 3.4, You are responsible for damages arising, directly or
336 indirectly, out of Your utilization of rights under this License, based
337 on the number of copies of Covered Code you made available, the
338 revenues you received from utilizing such rights, and other relevant
339 factors. You agree to work with affected parties to distribute
340 responsibility on an equitable basis.
341
342 EXHIBIT A.
343
344 ``The contents of this file are subject to the Mozilla Public License
345 Version 1.0 (the "License"); you may not use this file except in
346 compliance with the License. You may obtain a copy of the License at
347 http://www.mozilla.org/MPL/
348
349 Software distributed under the License is distributed on an "AS IS"
350 basis, WITHOUT WARRANTY OF ANY KIND, either express or implied. See the
351 License for the specific language governing rights and limitations
352 under the License.
353
354 The Original Code is ______________________________________.
355
356 The Initial Developer of the Original Code is ________________________.
357 Portions created by ______________________ are Copyright (C) ______
358 _______________________. All Rights Reserved.
359
360 Contributor(s): ______________________________________.''

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