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Bug 794777 - Upgrade license to MPL 2 for /suite/installer/license.txt. r=neil 

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Tony Mechelynck [:tonymec] 2012-10-03 20:23:48 -04:00
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suite/installer/license.txt
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@ -1,567 +1,373 @@
MOZILLA PUBLIC LICENSE Mozilla Public License Version 2.0
Version 1.1 ==================================
--------------- 1. Definitions
--------------
1. Definitions.
1.1. "Contributor"
1.0.1. "Commercial Use" means distribution or otherwise making the means each individual or legal entity that creates, contributes to
Covered Code available to a third party. the creation of, or owns Covered Software.
1.1. "Contributor" means each entity that creates or contributes to 1.2. "Contributor Version"
the creation of Modifications. means the combination of the Contributions of others (if any) used
by a Contributor and that particular Contributor's Contribution.
1.2. "Contributor Version" means the combination of the Original
Code, prior Modifications used by a Contributor, and the Modifications 1.3. "Contribution"
made by that particular Contributor. means Covered Software of a particular Contributor.
1.3. "Covered Code" means the Original Code or Modifications or the 1.4. "Covered Software"
combination of the Original Code and Modifications, in each case means Source Code Form to which the initial Contributor has attached
including portions thereof. the notice in Exhibit A, the Executable Form of such Source Code
Form, and Modifications of such Source Code Form, in each case
1.4. "Electronic Distribution Mechanism" means a mechanism generally including portions thereof.
accepted in the software development community for the electronic
transfer of data. 1.5. "Incompatible With Secondary Licenses"
means
1.5. "Executable" means Covered Code in any form other than Source
Code. (a) that the initial Contributor has attached the notice described
in Exhibit B to the Covered Software; or
1.6. "Initial Developer" means the individual or entity identified
as the Initial Developer in the Source Code notice required by Exhibit (b) that the Covered Software was made available under the terms of
A. version 1.1 or earlier of the License, but not also under the
terms of a Secondary License.
1.7. "Larger Work" means a work which combines Covered Code or
portions thereof with code not governed by the terms of this License. 1.6. "Executable Form"
means any form of the work other than Source Code Form.
1.8. "License" means this document.
1.7. "Larger Work"
1.8.1. "Licensable" means having the right to grant, to the maximum means a work that combines Covered Software with other material, in
extent possible, whether at the time of the initial grant or a separate file or files, that is not Covered Software.
subsequently acquired, any and all of the rights conveyed herein.
1.8. "License"
1.9. "Modifications" means any addition to or deletion from the means this document.
substance or structure of either the Original Code or any previous
Modifications. When Covered Code is released as a series of files, a 1.9. "Licensable"
Modification is: means having the right to grant, to the maximum extent possible,
A. Any addition to or deletion from the contents of a file whether at the time of the initial grant or subsequently, any and
containing Original Code or previous Modifications. all of the rights conveyed by this License.
B. Any new file that contains any part of the Original Code or 1.10. "Modifications"
previous Modifications. means any of the following:
1.10. "Original Code" means Source Code of computer software code (a) any file in Source Code Form that results from an addition to,
which is described in the Source Code notice required by Exhibit A as deletion from, or modification of the contents of Covered
Original Code, and which, at the time of its release under this Software; or
License is not already Covered Code governed by this License.
(b) any new file in Source Code Form that contains any Covered
1.10.1. "Patent Claims" means any patent claim(s), now owned or Software.
hereafter acquired, including without limitation, method, process,
and apparatus claims, in any patent Licensable by grantor. 1.11. "Patent Claims" of a Contributor
means any patent claim(s), including without limitation, method,
1.11. "Source Code" means the preferred form of the Covered Code for process, and apparatus claims, in any patent Licensable by such
making modifications to it, including all modules it contains, plus Contributor that would be infringed, but for the grant of the
any associated interface definition files, scripts used to control License, by the making, using, selling, offering for sale, having
compilation and installation of an Executable, or source code made, import, or transfer of either its Contributions or its
differential comparisons against either the Original Code or another Contributor Version.
well known, available Covered Code of the Contributor's choice. The
Source Code can be in a compressed or archival form, provided the 1.12. "Secondary License"
appropriate decompression or de-archiving software is widely available means either the GNU General Public License, Version 2.0, the GNU
for no charge. Lesser General Public License, Version 2.1, the GNU Affero General
Public License, Version 3.0, or any later versions of those
1.12. "You" (or "Your") means an individual or a legal entity licenses.
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. 1.13. "Source Code Form"
For legal entities, "You" includes any entity which controls, is means the form of the work preferred for making modifications.
controlled by, or is under common control with You. For purposes of
this definition, "control" means (a) the power, direct or indirect, 1.14. "You" (or "Your")
to cause the direction or management of such entity, whether by means an individual or a legal entity exercising rights under this
contract or otherwise, or (b) ownership of more than fifty percent License. For legal entities, "You" includes any entity that
(50%) of the outstanding shares or beneficial ownership of such controls, is controlled by, or is under common control with You. For
entity. purposes of this definition, "control" means (a) the power, direct
or indirect, to cause the direction or management of such entity,
2. Source Code License. whether by contract or otherwise, or (b) ownership of more than
fifty percent (50%) of the outstanding shares or beneficial
2.1. The Initial Developer Grant. ownership of such entity.
The Initial Developer hereby grants You a world-wide, royalty-free,
non-exclusive license, subject to third party intellectual property 2. License Grants and Conditions
claims: --------------------------------
(a) under intellectual property rights (other than patent or
trademark) Licensable by Initial Developer to use, reproduce, 2.1. Grants
modify, display, perform, sublicense and distribute the Original
Code (or portions thereof) with or without Modifications, and/or Each Contributor hereby grants You a world-wide, royalty-free,
as part of a Larger Work; and non-exclusive license:
(b) under Patents Claims infringed by the making, using or (a) under intellectual property rights (other than patent or trademark)
selling of Original Code, to make, have made, use, practice, Licensable by such Contributor to use, reproduce, make available,
sell, and offer for sale, and/or otherwise dispose of the modify, display, perform, distribute, and otherwise exploit its
Original Code (or portions thereof). Contributions, either on an unmodified basis, with Modifications, or
as part of a Larger Work; and
(c) the licenses granted in this Section 2.1(a) and (b) are
effective on the date Initial Developer first distributes (b) under Patent Claims of such Contributor to make, use, sell, offer
Original Code under the terms of this License. for sale, have made, import, and otherwise transfer either its
Contributions or its Contributor Version.
(d) Notwithstanding Section 2.1(b) above, no patent license is
granted: 1) for code that You delete from the Original Code; 2) 2.2. Effective Date
separate from the Original Code; or 3) for infringements caused
by: i) the modification of the Original Code or ii) the The licenses granted in Section 2.1 with respect to any Contribution
combination of the Original Code with other software or devices. become effective for each Contribution on the date the Contributor first
distributes such Contribution.
2.2. Contributor Grant.
Subject to third party intellectual property claims, each Contributor 2.3. Limitations on Grant Scope
hereby grants You a world-wide, royalty-free, non-exclusive license
The licenses granted in this Section 2 are the only rights granted under
(a) under intellectual property rights (other than patent or this License. No additional rights or licenses will be implied from the
trademark) Licensable by Contributor, to use, reproduce, modify, distribution or licensing of Covered Software under this License.
display, perform, sublicense and distribute the Modifications Notwithstanding Section 2.1(b) above, no patent license is granted by a
created by such Contributor (or portions thereof) either on an Contributor:
unmodified basis, with other Modifications, as Covered Code
and/or as part of a Larger Work; and (a) for any code that a Contributor has removed from Covered Software;
or
(b) under Patent Claims infringed by the making, using, or
selling of Modifications made by that Contributor either alone (b) for infringements caused by: (i) Your and any other third party's
and/or in combination with its Contributor Version (or portions modifications of Covered Software, or (ii) the combination of its
of such combination), to make, use, sell, offer for sale, have Contributions with other software (except as part of its Contributor
made, and/or otherwise dispose of: 1) Modifications made by that Version); or
Contributor (or portions thereof); and 2) the combination of
Modifications made by that Contributor with its Contributor (c) under Patent Claims infringed by Covered Software in the absence of
Version (or portions of such combination). its Contributions.
(c) the licenses granted in Sections 2.2(a) and 2.2(b) are This License does not grant any rights in the trademarks, service marks,
effective on the date Contributor first makes Commercial Use of or logos of any Contributor (except as may be necessary to comply with
the Covered Code. the notice requirements in Section 3.4).
(d) Notwithstanding Section 2.2(b) above, no patent license is 2.4. Subsequent Licenses
granted: 1) for any code that Contributor has deleted from the
Contributor Version; 2) separate from the Contributor Version; No Contributor makes additional grants as a result of Your choice to
3) for infringements caused by: i) third party modifications of distribute the Covered Software under a subsequent version of this
Contributor Version or ii) the combination of Modifications made License (see Section 10.2) or under the terms of a Secondary License (if
by that Contributor with other software (except as part of the permitted under the terms of Section 3.3).
Contributor Version) or other devices; or 4) under Patent Claims
infringed by Covered Code in the absence of Modifications made by 2.5. Representation
that Contributor.
Each Contributor represents that the Contributor believes its
3. Distribution Obligations. Contributions are its original creation(s) or it has sufficient rights
to grant the rights to its Contributions conveyed by this License.
3.1. Application of License.
The Modifications which You create or to which You contribute are 2.6. Fair Use
governed by the terms of this License, including without limitation
Section 2.2. The Source Code version of Covered Code may be This License is not intended to limit any rights You have under
distributed only under the terms of this License or a future version applicable copyright doctrines of fair use, fair dealing, or other
of this License released under Section 6.1, and You must include a equivalents.
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 2.7. Conditions
version that alters or restricts the applicable version of this
License or the recipients' rights hereunder. However, You may include Sections 3.1, 3.2, 3.3, and 3.4 are conditions of the licenses granted
an additional document offering the additional rights described in in Section 2.1.
Section 3.5.
3. Responsibilities
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 3.1. Distribution of Source Form
either on the same media as an Executable version or via an accepted
Electronic Distribution Mechanism to anyone to whom you made an All distribution of Covered Software in Source Code Form, including any
Executable version available; and if made available via Electronic Modifications that You create or to which You contribute, must be under
Distribution Mechanism, must remain available for at least twelve (12) the terms of this License. You must inform recipients that the Source
months after the date it initially became available, or at least six Code Form of the Covered Software is governed by the terms of this
(6) months after a subsequent version of that particular Modification License, and how they can obtain a copy of this License. You may not
has been made available to such recipients. You are responsible for attempt to alter or restrict the recipients' rights in the Source Code
ensuring that the Source Code version remains available even if the Form.
Electronic Distribution Mechanism is maintained by a third party.
3.2. Distribution of Executable Form
3.3. Description of Modifications.
You must cause all Covered Code to which You contribute to contain a If You distribute Covered Software in Executable Form then:
file documenting the changes You made to create that Covered Code and
the date of any change. You must include a prominent statement that (a) such Covered Software must also be made available in Source Code
the Modification is derived, directly or indirectly, from Original Form, as described in Section 3.1, and You must inform recipients of
Code provided by the Initial Developer and including the name of the the Executable Form how they can obtain a copy of such Source Code
Initial Developer in (a) the Source Code, and (b) in any notice in an Form by reasonable means in a timely manner, at a charge no more
Executable version or related documentation in which You describe the than the cost of distribution to the recipient; and
origin or ownership of the Covered Code.
(b) You may distribute such Executable Form under the terms of this
3.4. Intellectual Property Matters License, or sublicense it under different terms, provided that the
(a) Third Party Claims. license for the Executable Form does not attempt to limit or alter
If Contributor has knowledge that a license under a third party's the recipients' rights in the Source Code Form under this License.
intellectual property rights is required to exercise the rights
granted by such Contributor under Sections 2.1 or 2.2, 3.3. Distribution of a Larger Work
Contributor must include a text file with the Source Code
distribution titled "LEGAL" which describes the claim and the You may create and distribute a Larger Work under terms of Your choice,
party making the claim in sufficient detail that a recipient will provided that You also comply with the requirements of this License for
know whom to contact. If Contributor obtains such knowledge after the Covered Software. If the Larger Work is a combination of Covered
the Modification is made available as described in Section 3.2, Software with a work governed by one or more Secondary Licenses, and the
Contributor shall promptly modify the LEGAL file in all copies Covered Software is not Incompatible With Secondary Licenses, this
Contributor makes available thereafter and shall take other steps License permits You to additionally distribute such Covered Software
(such as notifying appropriate mailing lists or newsgroups) under the terms of such Secondary License(s), so that the recipient of
reasonably calculated to inform those who received the Covered the Larger Work may, at their option, further distribute the Covered
Code that new knowledge has been obtained. Software under the terms of either this License or such Secondary
License(s).
(b) Contributor APIs.
If Contributor's Modifications include an application programming 3.4. Notices
interface and Contributor has knowledge of patent licenses which
are reasonably necessary to implement that API, Contributor must You may not remove or alter the substance of any license notices
also include this information in the LEGAL file. (including copyright notices, patent notices, disclaimers of warranty,
or limitations of liability) contained within the Source Code Form of
(c) Representations. the Covered Software, except that You may alter any license notices to
Contributor represents that, except as disclosed pursuant to the extent required to remedy known factual inaccuracies.
Section 3.4(a) above, Contributor believes that Contributor's
Modifications are Contributor's original creation(s) and/or 3.5. Application of Additional Terms
Contributor has sufficient rights to grant the rights conveyed by
this License. You may choose to offer, and to charge a fee for, warranty, support,
indemnity or liability obligations to one or more recipients of Covered
3.5. Required Notices. Software. However, You may do so only on Your own behalf, and not on
You must duplicate the notice in Exhibit A in each file of the Source behalf of any Contributor. You must make it absolutely clear that any
Code. If it is not possible to put such notice in a particular Source such warranty, support, indemnity, or liability obligation is offered by
Code file due to its structure, then You must include such notice in a You alone, and You hereby agree to indemnify every Contributor for any
location (such as a relevant directory) where a user would be likely liability incurred by such Contributor as a result of warranty, support,
to look for such a notice. If You created one or more Modification(s) indemnity or liability terms You offer. You may include additional
You may add your name as a Contributor to the notice described in disclaimers of warranty and limitations of liability specific to any
Exhibit A. You must also duplicate this License in any documentation jurisdiction.
for the Source Code where You describe recipients' rights or ownership
rights relating to Covered Code. You may choose to offer, and to 4. Inability to Comply Due to Statute or Regulation
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 If it is impossible for You to comply with any of the terms of this
Developer or any Contributor. You must make it absolutely clear than License with respect to some or all of the Covered Software due to
any such warranty, support, indemnity or liability obligation is statute, judicial order, or regulation then You must: (a) comply with
offered by You alone, and You hereby agree to indemnify the Initial the terms of this License to the maximum extent possible; and (b)
Developer and every Contributor for any liability incurred by the describe the limitations and the code they affect. Such description must
Initial Developer or such Contributor as a result of warranty, be placed in a text file included with all distributions of the Covered
support, indemnity or liability terms You offer. Software under this License. Except to the extent prohibited by statute
or regulation, such description must be sufficiently detailed for a
3.6. Distribution of Executable Versions. recipient of ordinary skill to be able to understand it.
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, 5. Termination
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 5.1. The rights granted under this License will terminate automatically
obligations of Section 3.2. The notice must be conspicuously included if You fail to comply with any of its terms. However, if You become
in any notice in an Executable version, related documentation or compliant, then the rights granted under this License from a particular
collateral in which You describe recipients' rights relating to the Contributor are reinstated (a) provisionally, unless and until such
Covered Code. You may distribute the Executable version of Covered Contributor explicitly and finally terminates Your grants, and (b) on an
Code or ownership rights under a license of Your choice, which may ongoing basis, if such Contributor fails to notify You of the
contain terms different from this License, provided that You are in non-compliance by some reasonable means prior to 60 days after You have
compliance with the terms of this License and that the license for the come back into compliance. Moreover, Your grants from a particular
Executable version does not attempt to limit or alter the recipient's Contributor are reinstated on an ongoing basis if such Contributor
rights in the Source Code version from the rights set forth in this notifies You of the non-compliance by some reasonable means, this is the
License. If You distribute the Executable version under a different first time You have received notice of non-compliance with this License
license You must make it absolutely clear that any terms which differ from such Contributor, and You become compliant prior to 30 days after
from this License are offered by You alone, not by the Initial Your receipt of the notice.
Developer or any Contributor. You hereby agree to indemnify the
Initial Developer and every Contributor for any liability incurred by 5.2. If You initiate litigation against any entity by asserting a patent
the Initial Developer or such Contributor as a result of any such infringement claim (excluding declaratory judgment actions,
terms You offer. counter-claims, and cross-claims) alleging that a Contributor Version
directly or indirectly infringes any patent, then the rights granted to
3.7. Larger Works. You by any and all Contributors for the Covered Software under Section
You may create a Larger Work by combining Covered Code with other code 2.1 of this License shall terminate.
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 5.3. In the event of termination under Sections 5.1 or 5.2 above, all
requirements of this License are fulfilled for the Covered Code. end user license agreements (excluding distributors and resellers) which
have been validly granted by You or Your distributors under this License
4. Inability to Comply Due to Statute or Regulation. prior to termination shall survive termination.
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 * 6. Disclaimer of Warranty *
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 * Covered Software is provided under this License on an "as is" *
be included with all distributions of the Source Code. Except to the * basis, without warranty of any kind, either expressed, implied, or *
extent prohibited by statute or regulation, such description must be * statutory, including, without limitation, warranties that the *
sufficiently detailed for a recipient of ordinary skill to be able to * Covered Software is free of defects, merchantable, fit for a *
understand it. * particular purpose or non-infringing. The entire risk as to the *
* quality and performance of the Covered Software is with You. *
5. Application of this License. * Should any Covered Software prove defective in any respect, You *
* (not any Contributor) assume the cost of any necessary servicing, *
This License applies to code to which the Initial Developer has * repair, or correction. This disclaimer of warranty constitutes an *
attached the notice in Exhibit A and to related Covered Code. * essential part of this License. No use of any Covered Software is *
* authorized under this License except under this disclaimer. *
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. * 7. Limitation of Liability *
* -------------------------- *
6.2. Effect of New Versions. * *
Once Covered Code has been published under a particular version of the * Under no circumstances and under no legal theory, whether tort *
License, You may always continue to use it under the terms of that * (including negligence), contract, or otherwise, shall any *
version. You may also choose to use such Covered Code under the terms * Contributor, or anyone who distributes Covered Software as *
of any subsequent version of the License published by Netscape. No one * permitted above, be liable to You for any direct, indirect, *
other than Netscape has the right to modify the terms applicable to * special, incidental, or consequential damages of any character *
Covered Code created under this License. * including, without limitation, damages for lost profits, loss of *
* goodwill, work stoppage, computer failure or malfunction, or any *
6.3. Derivative Works. * and all other commercial damages or losses, even if such party *
If You create or use a modified version of this License (which you may * shall have been informed of the possibility of such damages. This *
only do in order to apply it to code which is not already Covered Code * limitation of liability shall not apply to liability for death or *
governed by this License), You must (a) rename Your license so that * personal injury resulting from such party's negligence to the *
the phrases "Mozilla", "MOZILLAPL", "MOZPL", "Netscape", * extent applicable law prohibits such limitation. Some *
"MPL", "NPL" or any confusingly similar phrase do not appear in your * jurisdictions do not allow the exclusion or limitation of *
license (except to note that your license differs from this License) * incidental or consequential damages, so this exclusion and *
and (b) otherwise make it clear that Your version of the license * limitation may not apply to You. *
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 8. Litigation
this License.) -------------
7. DISCLAIMER OF WARRANTY. Any litigation relating to this License may be brought only in the
courts of a jurisdiction where the defendant maintains its principal
COVERED CODE IS PROVIDED UNDER THIS LICENSE ON AN "AS IS" BASIS, place of business and such litigation shall be governed by laws of that
WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING, jurisdiction, without reference to its conflict-of-law provisions.
WITHOUT LIMITATION, WARRANTIES THAT THE COVERED CODE IS FREE OF Nothing in this Section shall prevent a party's ability to bring
DEFECTS, MERCHANTABLE, FIT FOR A PARTICULAR PURPOSE OR NON-INFRINGING. cross-claims or counter-claims.
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, 9. Miscellaneous
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 This License represents the complete agreement concerning the subject
ANY COVERED CODE IS AUTHORIZED HEREUNDER EXCEPT UNDER THIS DISCLAIMER. matter hereof. If any provision of this License is held to be
unenforceable, such provision shall be reformed only to the extent
8. TERMINATION. necessary to make it enforceable. Any law or regulation which provides
that the language of a contract shall be construed against the drafter
8.1. This License and the rights granted hereunder will terminate shall not be used to construe this License against a Contributor.
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 10. Versions of the License
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 10.1. New Versions
shall survive.
Mozilla Foundation is the license steward. Except as provided in Section
8.2. If You initiate litigation by asserting a patent infringement 10.3, no one other than the license steward has the right to modify or
claim (excluding declatory judgment actions) against Initial Developer publish new versions of this License. Each version will be given a
or a Contributor (the Initial Developer or Contributor against whom distinguishing version number.
You file such action is referred to as "Participant") alleging that:
10.2. Effect of New Versions
(a) such Participant's Contributor Version directly or indirectly
infringes any patent, then any and all rights granted by such You may distribute the Covered Software under the terms of the version
Participant to You under Sections 2.1 and/or 2.2 of this License of the License under which You originally received the Covered Software,
shall, upon 60 days notice from Participant terminate prospectively, or under the terms of any subsequent version published by the license
unless if within 60 days after receipt of notice You either: (i) steward.
agree in writing to pay Participant a mutually agreeable reasonable
royalty for Your past and future use of Modifications made by such 10.3. Modified Versions
Participant, or (ii) withdraw Your litigation claim with respect to
the Contributor Version against such Participant. If within 60 days If you create software not governed by this License, and you want to
of notice, a reasonable royalty and payment arrangement are not create a new license for such software, you may create and use a
mutually agreed upon in writing by the parties or the litigation claim modified version of this License if you rename the license and remove
is not withdrawn, the rights granted by Participant to You under any references to the name of the license steward (except to note that
Sections 2.1 and/or 2.2 automatically terminate at the expiration of such modified license differs from this License).
the 60 day notice period specified above.
10.4. Distributing Source Code Form that is Incompatible With Secondary
(b) any software, hardware, or device, other than such Participant's Licenses
Contributor Version, directly or indirectly infringes any patent, then
any rights granted to You by such Participant under Sections 2.1(b) If You choose to distribute Source Code Form that is Incompatible With
and 2.2(b) are revoked effective as of the date You first made, used, Secondary Licenses under the terms of this version of the License, the
sold, distributed, or had made, Modifications made by that notice described in Exhibit B of this License must be attached.
Participant.
Exhibit A - Source Code Form License Notice
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 This Source Code Form is subject to the terms of the Mozilla Public
by license or settlement) prior to the initiation of patent License, v. 2.0. If a copy of the MPL was not distributed with this
infringement litigation, then the reasonable value of the licenses file, You can obtain one at http://mozilla.org/MPL/2.0/.
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 If it is not possible or desirable to put the notice in a particular
license. file, then You may include the notice in a location (such as a LICENSE
file in a relevant directory) where a recipient would be likely to look
8.4. In the event of termination under Sections 8.1 or 8.2 above, for such a notice.
all end user license agreements (excluding distributors and resellers)
which have been validly granted by You or any distributor hereunder You may add additional accurate notices of copyright ownership.
prior to termination shall survive termination.
Exhibit B - "Incompatible With Secondary Licenses" Notice
9. LIMITATION OF LIABILITY. ---------------------------------------------------------
UNDER NO CIRCUMSTANCES AND UNDER NO LEGAL THEORY, WHETHER TORT This Source Code Form is "Incompatible With Secondary Licenses", as
(INCLUDING NEGLIGENCE), CONTRACT, OR OTHERWISE, SHALL YOU, THE INITIAL defined by the Mozilla Public License, v. 2.0.
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.]
----------------------------------------------------------------------
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."