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345 строки
20 KiB
Plaintext
345 строки
20 KiB
Plaintext
MOZILLA PUBLIC LICENSE
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Version 1.0
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1. Definitions.
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1.1. ``Contributor'' means each entity that creates or contributes to the creation
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of Modifications.
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1.2. ``Contributor Version'' means the combination of the Original Code, prior
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Modifications used by a Contributor, and the Modifications made by that
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particular Contributor.
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1.3. ``Covered Code'' means the Original Code or Modifications or the
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combination of the Original Code and Modifications, in each case including
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portions thereof.
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1.4. ``Electronic Distribution Mechanism'' means a mechanism generally
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accepted in the software development community for the electronic transfer of
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data.
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1.5. ``Executable'' means Covered Code in any form other than Source Code.
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1.6. ``Initial Developer'' means the individual or entity identified as the Initial
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Developer in the Source Code notice required by Exhibit A.
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1.7. ``Larger Work'' means a work which combines Covered Code or portions
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thereof with code not governed by the terms of this License.
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1.8. ``License'' means this document.
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1.9. ``Modifications'' means any addition to or deletion from the substance or
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structure of either the Original Code or any previous Modifications. When
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Covered Code is released as a series of files, a Modification is:
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A. Any addition to or deletion from the contents of a file containing
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Original Code or previous Modifications.
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B. Any new file that contains any part of the Original Code or previous
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Modifications.
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1.10. ``Original Code'' means Source Code of computer software code which is
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described in the Source Code notice required by Exhibit A as Original Code,
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and which, at the time of its release under this License is not already Covered
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Code governed by this License.
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1.11. ``Source Code'' means the preferred form of the Covered Code for making
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modifications to it, including all modules it contains, plus any associated
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interface definition files, scripts used to control compilation and installation of
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an Executable, or a list of source code differential comparisons against either
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the Original Code or another well known, available Covered Code of the
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Contributor's choice. The Source Code can be in a compressed or archival form,
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provided the appropriate decompression or de-archiving software is widely
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available for no charge.
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1.12. ``You'' means an individual or a legal entity exercising rights under, and
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complying with all of the terms of, this License or a future version of this
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License issued under Section 6.1. For legal entities, ``You'' includes any entity
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which controls, is controlled by, or is under common control with You. For
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purposes of this definition, ``control'' means (a) the power, direct or indirect, to
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cause the direction or management of such entity, whether by contract or
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otherwise, or (b) ownership of fifty percent (50%) or more of the outstanding
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shares or beneficial ownership of such entity.
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2. Source Code License.
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2.1. The Initial Developer Grant.
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The Initial Developer hereby grants You a world-wide, royalty-free,
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non-exclusive license, subject to third party intellectual property claims:
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(a) to use, reproduce, modify, display, perform, sublicense and
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distribute the Original Code (or portions thereof) with or without
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Modifications, or as part of a Larger Work; and
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(b) under patents now or hereafter owned or controlled by Initial
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Developer, to make, have made, use and sell (``Utilize'') the Original
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Code (or portions thereof), but solely to the extent that any such patent
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is reasonably necessary to enable You to Utilize the Original Code (or
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portions thereof) and not to any greater extent that may be necessary to
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Utilize further Modifications or combinations.
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2.2. Contributor Grant.
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Each Contributor hereby grants You a world-wide, royalty-free, non-exclusive
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license, subject to third party intellectual property claims:
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(a) to use, reproduce, modify, display, perform, sublicense and
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distribute the Modifications created by such Contributor (or portions
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thereof) either on an unmodified basis, with other Modifications, as
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Covered Code or as part of a Larger Work; and
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(b) under patents now or hereafter owned or controlled by Contributor,
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to Utilize the Contributor Version (or portions thereof), but solely to
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the extent that any such patent is reasonably necessary to enable You to
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Utilize the Contributor Version (or portions thereof), and not to any
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greater extent that may be necessary to Utilize further Modifications or
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combinations.
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3. Distribution Obligations.
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3.1. Application of License.
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The Modifications which You create or to which You contribute are governed
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by the terms of this License, including without limitation Section 2.2. The
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Source Code version of Covered Code may be distributed only under the terms
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of this License or a future version of this License released under Section 6.1,
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and You must include a copy of this License with every copy of the Source
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Code You distribute. You may not offer or impose any terms on any Source
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Code version that alters or restricts the applicable version of this License or the
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recipients' rights hereunder. However, You may include an additional document
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offering the additional rights described in Section 3.5.
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3.2. Availability of Source Code.
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Any Modification which You create or to which You contribute must be made
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available in Source Code form under the terms of this License either on the
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same media as an Executable version or via an accepted Electronic Distribution
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Mechanism to anyone to whom you made an Executable version available; and
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if made available via Electronic Distribution Mechanism, must remain available
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for at least twelve (12) months after the date it initially became available, or at
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least six (6) months after a subsequent version of that particular Modification
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has been made available to such recipients. You are responsible for ensuring
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that the Source Code version remains available even if the Electronic
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Distribution Mechanism is maintained by a third party.
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3.3. Description of Modifications.
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You must cause all Covered Code to which you contribute to contain a file
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documenting the changes You made to create that Covered Code and the date of
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any change. You must include a prominent statement that the Modification is
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derived, directly or indirectly, from Original Code provided by the Initial
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Developer and including the name of the Initial Developer in (a) the Source
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Code, and (b) in any notice in an Executable version or related documentation in
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which You describe the origin or ownership of the Covered Code.
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3.4. Intellectual Property Matters
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(a) Third Party Claims.
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If You have knowledge that a party claims an intellectual property right
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in particular functionality or code (or its utilization under this License),
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you must include a text file with the source code distribution titled
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``LEGAL'' which describes the claim and the party making the claim in
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sufficient detail that a recipient will know whom to contact. If you
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obtain such knowledge after You make Your Modification available as
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described in Section 3.2, You shall promptly modify the LEGAL file in
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all copies You make available thereafter and shall take other steps (such
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as notifying appropriate mailing lists or newsgroups) reasonably
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calculated to inform those who received the Covered Code that new
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knowledge has been obtained.
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(b) Contributor APIs.
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If Your Modification is an application programming interface and You
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own or control patents which are reasonably necessary to implement
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that API, you must also include this information in the LEGAL file.
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3.5. Required Notices.
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You must duplicate the notice in Exhibit A in each file of the Source Code, and
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this License in any documentation for the Source Code, where You describe
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recipients' rights relating to Covered Code. If You created one or more
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Modification(s), You may add your name as a Contributor to the notice
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described in Exhibit A. If it is not possible to put such notice in a particular
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Source Code file due to its structure, then you must include such notice in a
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location (such as a relevant directory file) where a user would be likely to look
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for such a notice. You may choose to offer, and to charge a fee for, warranty,
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support, indemnity or liability obligations to one or more recipients of Covered
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Code. However, You may do so only on Your own behalf, and not on behalf of
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the Initial Developer or any Contributor. You must make it absolutely clear than
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any such warranty, support, indemnity or liability obligation is offered by You
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alone, and You hereby agree to indemnify the Initial Developer and every
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Contributor for any liability incurred by the Initial Developer or such
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Contributor as a result of warranty, support, indemnity or liability terms You
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offer.
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3.6. Distribution of Executable Versions.
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You may distribute Covered Code in Executable form only if the requirements
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of Section 3.1-3.5 have been met for that Covered Code, and if You include a
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notice stating that the Source Code version of the Covered Code is available
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under the terms of this License, including a description of how and where You
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have fulfilled the obligations of Section 3.2. The notice must be conspicuously
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included in any notice in an Executable version, related documentation or
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collateral in which You describe recipients' rights relating to the Covered Code.
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You may distribute the Executable version of Covered Code under a license of
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Your choice, which may contain terms different from this License, provided that
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You are in compliance with the terms of this License and that the license for the
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Executable version does not attempt to limit or alter the recipient's rights in the
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Source Code version from the rights set forth in this License. If You distribute
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the Executable version under a different license You must make it absolutely
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clear that any terms which differ from this License are offered by You alone, not
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by the Initial Developer or any Contributor. You hereby agree to indemnify the
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Initial Developer and every Contributor for any liability incurred by the Initial
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Developer or such Contributor as a result of any such terms You offer.
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3.7. Larger Works.
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You may create a Larger Work by combining Covered Code with other code
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not governed by the terms of this License and distribute the Larger Work as a
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single product. In such a case, You must make sure the requirements of this
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License are fulfilled for the Covered Code.
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4. Inability to Comply Due to Statute or Regulation.
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If it is impossible for You to comply with any of the terms of this License with
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respect to some or all of the Covered Code due to statute or regulation then You
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must: (a) comply with the terms of this License to the maximum extent
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possible; and (b) describe the limitations and the code they affect. Such
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description must be included in the LEGAL file described in Section 3.4 and
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must be included with all distributions of the Source Code. Except to the extent
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prohibited by statute or regulation, such description must be sufficiently
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detailed for a recipient of ordinary skill to be able to understand it.
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5. Application of this License.
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This License applies to code to which the Initial Developer has attached the
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notice in Exhibit A, and to related Covered Code.
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6. Versions of the License.
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6.1. New Versions.
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Netscape Communications Corporation (``Netscape'') may publish revised
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and/or new versions of the License from time to time. Each version will be given
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a distinguishing version number.
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6.2. Effect of New Versions.
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Once Covered Code has been published under a particular version of the
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License, You may always continue to use it under the terms of that version. You
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may also choose to use such Covered Code under the terms of any subsequent
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version of the License published by Netscape. No one other than Netscape has
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the right to modify the terms applicable to Covered Code created under this
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License.
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6.3. Derivative Works.
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If you create or use a modified version of this License (which you may only do
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in order to apply it to code which is not already Covered Code governed by this
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License), you must (a) rename Your license so that the phrases ``Mozilla'',
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``MOZILLAPL'', ``MOZPL'', ``Netscape'', ``NPL'' or any confusingly similar
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phrase do not appear anywhere in your license and (b) otherwise make it clear
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that your version of the license contains terms which differ from the Mozilla
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Public License and Netscape Public License. (Filling in the name of the Initial
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Developer, Original Code or Contributor in the notice described in Exhibit A
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shall not of themselves be deemed to be modifications of this License.)
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7. DISCLAIMER OF WARRANTY.
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COVERED CODE IS PROVIDED UNDER THIS LICENSE ON AN ``AS
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IS'' BASIS, WITHOUT WARRANTY OF ANY KIND, EITHER
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EXPRESSED OR IMPLIED, INCLUDING, WITHOUT LIMITATION,
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WARRANTIES THAT THE COVERED CODE IS FREE OF DEFECTS,
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MERCHANTABLE, FIT FOR A PARTICULAR PURPOSE OR
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NON-INFRINGING. THE ENTIRE RISK AS TO THE QUALITY AND
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PERFORMANCE OF THE COVERED CODE IS WITH YOU. SHOULD
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ANY COVERED CODE PROVE DEFECTIVE IN ANY RESPECT, YOU
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(NOT THE INITIAL DEVELOPER OR ANY OTHER CONTRIBUTOR)
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ASSUME THE COST OF ANY NECESSARY SERVICING, REPAIR OR
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CORRECTION. THIS DISCLAIMER OF WARRANTY CONSTITUTES
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AN ESSENTIAL PART OF THIS LICENSE. NO USE OF ANY COVERED
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CODE IS AUTHORIZED HEREUNDER EXCEPT UNDER THIS
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DISCLAIMER.
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8. TERMINATION.
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This License and the rights granted hereunder will terminate automatically if
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You fail to comply with terms herein and fail to cure such breach within 30 days
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of becoming aware of the breach. All sublicenses to the Covered Code which
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are properly granted shall survive any termination of this License. Provisions
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which, by their nature, must remain in effect beyond the termination of this
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License shall survive.
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9. LIMITATION OF LIABILITY.
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UNDER NO CIRCUMSTANCES AND UNDER NO LEGAL THEORY,
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WHETHER TORT (INCLUDING NEGLIGENCE), CONTRACT, OR
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OTHERWISE, SHALL THE INITIAL DEVELOPER, ANY OTHER
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CONTRIBUTOR, OR ANY DISTRIBUTOR OF COVERED CODE, OR
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ANY SUPPLIER OF ANY OF SUCH PARTIES, BE LIABLE TO YOU OR
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ANY OTHER PERSON FOR ANY INDIRECT, SPECIAL, INCIDENTAL,
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OR CONSEQUENTIAL DAMAGES OF ANY CHARACTER INCLUDING,
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WITHOUT LIMITATION, DAMAGES FOR LOSS OF GOODWILL,
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WORK STOPPAGE, COMPUTER FAILURE OR MALFUNCTION, OR
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ANY AND ALL OTHER COMMERCIAL DAMAGES OR LOSSES, EVEN
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IF SUCH PARTY SHALL HAVE BEEN INFORMED OF THE
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POSSIBILITY OF SUCH DAMAGES. THIS LIMITATION OF LIABILITY
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SHALL NOT APPLY TO LIABILITY FOR DEATH OR PERSONAL
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INJURY RESULTING FROM SUCH PARTY'S NEGLIGENCE TO THE
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EXTENT APPLICABLE LAW PROHIBITS SUCH LIMITATION. SOME
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JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION
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OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THAT
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EXCLUSION AND LIMITATION MAY NOT APPLY TO YOU.
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10. U.S. GOVERNMENT END USERS.
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The Covered Code is a ``commercial item,'' as that term is defined in 48 C.F.R.
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2.101 (Oct. 1995), consisting of ``commercial computer software'' and
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``commercial computer software documentation,'' as such terms are used in 48
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C.F.R. 12.212 (Sept. 1995). Consistent with 48 C.F.R. 12.212 and 48 C.F.R.
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227.7202-1 through 227.7202-4 (June 1995), all U.S. Government End Users
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acquire Covered Code with only those rights set forth herein.
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11. MISCELLANEOUS.
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This License represents the complete agreement concerning subject matter
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hereof. If any provision of this License is held to be unenforceable, such
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provision shall be reformed only to the extent necessary to make it enforceable.
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This License shall be governed by California law provisions (except to the
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extent applicable law, if any, provides otherwise), excluding its conflict-of-law
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provisions. With respect to disputes in which at least one party is a citizen of, or
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an entity chartered or registered to do business in, the United States of America:
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(a) unless otherwise agreed in writing, all disputes relating to this License
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(excepting any dispute relating to intellectual property rights) shall be subject to
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final and binding arbitration, with the losing party paying all costs of arbitration;
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(b) any arbitration relating to this Agreement shall be held in Santa Clara
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County, California, under the auspices of JAMS/EndDispute; and (c) any
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litigation relating to this Agreement shall be subject to the jurisdiction of the
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Federal Courts of the Northern District of California, with venue lying in Santa
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Clara County, California, with the losing party responsible for costs, including
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without limitation, court costs and reasonable attorneys fees and expenses. The
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application of the United Nations Convention on Contracts for the International
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Sale of Goods is expressly excluded. Any law or regulation which provides that
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the language of a contract shall be construed against the drafter shall not apply
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to this License.
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12. RESPONSIBILITY FOR CLAIMS.
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Except in cases where another Contributor has failed to comply with Section
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3.4, You are responsible for damages arising, directly or indirectly, out of Your
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utilization of rights under this License, based on the number of copies of
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Covered Code you made available, the revenues you received from utilizing
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such rights, and other relevant factors. You agree to work with affected parties
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to distribute responsibility on an equitable basis.
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EXHIBIT A.
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``The contents of this file are subject to the Mozilla Public License Version 1.0
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(the "License"); you may not use this file except in compliance with the
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License. You may obtain a copy of the License at http://www.mozilla.org/MPL/
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Software distributed under the License is distributed on an "AS IS" basis,
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WITHOUT WARRANTY OF ANY KIND, either express or implied. See the
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License for the specific language governing rights and limitations under the
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License.
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The Original Code is ______________________________________.
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The Initial Developer of the Original Code is ________________________.
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Portions created by ______________________ are Copyright (C) ______
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_______________________. All Rights Reserved.
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Contributor(s): ______________________________________.''
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