License:NPLv1.1
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| Name | Netscape Public License Version 1.1 |
|---|---|
| URL | www.mozilla.org/MPL/NPL-1.1.html |
| Comment |
License text
AMENDMENTS
The Netscape Public License Version 1.1 ("NPL") consists of the
Mozilla Public License Version 1.1 with the following Amendments,
including Exhibit A-Netscape Public License. Files identified with
"Exhibit A-Netscape Public License" are governed by the Netscape
Public License Version 1.1.
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 trademarks
"Netscape'', the "Netscape N and horizon'' logo or the
"Netscape lighthouse" logo, "Netcenter", "Gecko", "Java" or
"JavaScript", "Smart Browsing" even if such marks are included
in the Original Code or Modifications.
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 Netscape Branded Code becoming
subject to the terms of this License, and may license
such Netscape Branded Code on different terms from those
contained in this License.
VI. Litigation.
Notwithstanding the limitations of Section 11 above, the
provisions regarding litigation in Section 11(a), (b) and (c)
of the License shall apply to all disputes relating to this
License.
EXHIBIT A-Netscape Public License.
''The contents of this file are subject to the Netscape Public
License Version 1.1 (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) 1998-1999 Netscape Communications Corporation. All
Rights Reserved.
Contributor(s): ______________________________________.
Alternatively, the contents of this file may be used under the
terms of the _____ license (the �[___] License�), in which case
the provisions of [______] License are applicable instead of those
above. If you wish to allow use of your version of this file only
under the terms of the [____] License and not to allow others to
use your version of this file under the NPL, indicate your
decision by deleting the provisions above and replace them with
the notice and other provisions required by the [___] License. If
you do not delete the provisions above, a recipient may use your
version of this file under either the NPL or the [___] License."
----------------------
MOZILLA PUBLIC LICENSE
Version 1.1
1. Definitions.
1.0.1. "Commercial Use" means distribution or otherwise making the
Covered Code available to a third party.
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 by Exhibit 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.
1.8.1. "Licensable" means having the right to grant, to the
maximum extent possible, whether at the time of the initial grant
or subsequently acquired, any and all of the rights conveyed
herein.
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 by
Exhibit A as Original Code, and which, at the time of its release
under this License is not already Covered Code governed by this
License.
1.10.1. "Patent Claims" means any patent claim(s), now owned or
hereafter acquired, including without limitation, method, process,
and apparatus claims, in any patent Licensable by grantor.
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 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'' (or "Your") 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
more than fifty percent (50%) 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) under intellectual property rights (other than patent or
trademark) Licensable by Initial Developer to use, reproduce,
modify, display, perform, sublicense and distribute the
Original Code (or portions thereof) with or without
Modifications, and/or as part of a Larger Work; and
(b) under Patents Claims infringed by the making, using or
selling of Original Code, to make, have made, use, practice,
sell, and offer for sale, and/or otherwise dispose of the
Original Code (or portions thereof).
(c) the licenses granted in this Section 2.1(a) and (b) are
effective on the date Initial Developer first distributes
Original Code under the terms of this License.
(d) Notwithstanding Section 2.1(b) above, no patent license is
granted: 1) for code that You delete from the Original Code;
2) separate from the Original Code; or 3) for infringements
caused by: i) the modification of the Original Code or ii) the
combination of the Original Code with other software or
devices.
2.2. Contributor Grant.
Subject to third party intellectual property claims, each
Contributor hereby grants You a world-wide, royalty-free,
non-exclusive license
(a) under intellectual property rights (other than patent or
trademark) Licensable by Contributor, 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 and/or as part of a Larger
Work; and
(b) under Patent Claims infringed by the making, using, or
selling of Modifications made by that Contributor either alone
and/or in combination with its Contributor Version (or
portions of such combination), to make, use, sell, offer for
sale, have made, and/or otherwise dispose of: 1) Modifications
made by that Contributor (or portions thereof); and 2) the
combination of Modifications made by that Contributor with its
Contributor Version (or portions of such combination).
(c) the licenses granted in Sections 2.2(a) and 2.2(b) are
effective on the date Contributor first makes Commercial Use
of the Covered Code.
(d) Notwithstanding Section 2.2(b) above, no patent license is
granted: 1) for any code that Contributor has deleted from the
Contributor Version; 2) separate from the Contributor Version;
3) for infringements caused by: i) third party modifications
of Contributor Version or ii) the combination of Modifications
made by that Contributor with other software (except as part
of the Contributor Version) or other devices; or 4) under
Patent Claims infringed by Covered Code in the absence of
Modifications made by that Contributor.
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 Contributor has knowledge that a license under a third
party's intellectual property rights is required to exercise
the rights granted by such Contributor under Sections 2.1 or
2.2, Contributor 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 Contributor obtains such
knowledge after the Modification is made available as
described in Section 3.2, Contributor shall promptly modify
the LEGAL file in all copies Contributor makes 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 Contributor's Modifications include an application
programming interface and Contributor has knowledge of patent
licenses which are reasonably necessary to implement that API,
Contributor must also include this information in the LEGAL
file.
(c) Representations.
Contributor represents that, except as disclosed pursuant to
Section 3.4(a) above, Contributor believes that Contributor's
Modifications are Contributor's original creation(s) and/or
Contributor has sufficient rights to grant the rights conveyed
by this License.
3.5. Required Notices.
You must duplicate the notice in Exhibit A in each file of the
Source Code. 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)
where a user would be likely to look for such a notice. If You
created one or more Modification(s) You may add your name as a
Contributor to the notice described in Exhibit A. You must also
duplicate this License in any documentation for the Source Code
where You describe recipients' rights or ownership rights relating
to Covered Code. 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 or ownership
rights 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, judicial order, 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'', "MPL", ''NPL'' or any confusingly similar phrase do
not appear in your license (except to note that your license
differs from this 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.
8.1. 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.
8.2. If You initiate litigation by asserting a patent
infringement claim (excluding declatory judgment actions) against
Initial Developer or a Contributor (the Initial Developer or
Contributor against whom You file such action is referred to as
"Participant") alleging that:
(a) such Participant's Contributor Version directly or indirectly
infringes any patent, then any and all rights granted by such
Participant to You under Sections 2.1 and/or 2.2 of this License
shall, upon 60 days notice from Participant terminate
prospectively, unless if within 60 days after receipt of notice
You either: (i) agree in writing to pay Participant a mutually
agreeable reasonable royalty for Your past and future use of
Modifications made by such Participant, or (ii) withdraw Your
litigation claim with respect to the Contributor Version against
such Participant. If within 60 days of notice, a reasonable
royalty and payment arrangement are not mutually agreed upon in
writing by the parties or the litigation claim is not withdrawn,
the rights granted by Participant to You under Sections 2.1 and/or
2.2 automatically terminate at the expiration of the 60 day notice
period specified above.
(b) any software, hardware, or device, other than such
Participant's Contributor Version, directly or indirectly
infringes any patent, then any rights granted to You by such
Participant under Sections 2.1(b) and 2.2(b) are revoked effective
as of the date You first made, used, sold, distributed, or had
made, Modifications made by that Participant.
8.3. If You assert a patent infringement claim against
Participant alleging that such Participant's Contributor Version
directly or indirectly infringes any patent where such claim is
resolved (such as by license or settlement) prior to the
initiation of patent infringement litigation, then the reasonable
value of the licenses granted by such Participant under Sections
2.1 or 2.2 shall be taken into account in determining the amount
or value of any payment or license.
8.4. In the event of termination under Sections 8.1 or 8.2 above,
all end user license agreements (excluding distributors and
resellers) which have been validly granted by You or any
distributor hereunder prior to termination shall survive
termination.
9. LIMITATION OF LIABILITY.
UNDER NO CIRCUMSTANCES AND UNDER NO LEGAL THEORY, WHETHER TORT
(INCLUDING NEGLIGENCE), CONTRACT, OR OTHERWISE, SHALL YOU, THE
INITIAL DEVELOPER, ANY OTHER CONTRIBUTOR, OR ANY DISTRIBUTOR OF
COVERED CODE, OR ANY SUPPLIER OF ANY OF SUCH PARTIES, BE LIABLE TO
ANY 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 THIS
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, any litigation relating
to this License 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.
As between Initial Developer and the Contributors, each party is
responsible for claims and damages arising, directly or
indirectly, out of its utilization of rights under this License
and You agree to work with Initial Developer and Contributors to
distribute such responsibility on an equitable basis. Nothing
herein is intended or shall be deemed to constitute any admission
of liability.
13. MULTIPLE-LICENSED CODE.
Initial Developer may designate portions of the Covered Code as
�Multiple-Licensed�. �Multiple-Licensed� means that the Initial
Developer permits you to utilize portions of the Covered Code
under Your choice of the NPL or the alternative licenses, if any,
specified by the Initial Developer in the file described in
Exhibit A.
EXHIBIT A -Mozilla Public License.
``The contents of this file are subject to the Mozilla Public
License Version 1.1 (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/MPL/
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 ______________________________________.
The Initial Developer of the Original Code is
________________________. Portions created by
______________________ are Copyright (C) ______
_______________________. All Rights Reserved.
Contributor(s): ______________________________________.
Alternatively, the contents of this file may be used under the
terms of the _____ license (the �[___] License�), in which case
the provisions of [______] License are applicable instead of those
above. If you wish to allow use of your version of this file only
under the terms of the [____] License and not to allow others to
use your version of this file under the MPL, indicate your
decision by deleting the provisions above and replace them with
the notice and other provisions required by the [___] License. If
you do not delete the provisions above, a recipient may use your
version of this file under either the MPL or the [___] License."
[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. You should use the text of this Exhibit A rather than the
text found in the Original Code Source Code for Your
Modifications.]
Permission is granted to copy, distribute and/or modify this document under the terms of the GNU Free Documentation License, Version 1.3 or any later version published by the Free Software Foundation; with no Invariant Sections, no Front-Cover Texts, and no Back-Cover Texts. A copy of the license is included in the page “GNU Free Documentation License”.
The copyright and license notices on this page only apply to the text on this page. Any software described in this text has its own copyright notice and license, which can usually be found in the distribution itself.