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use strict; |
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use warnings; |
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$Software::License::Mozilla_1_1::VERSION = '0.104002'; |
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use parent 'Software::License'; |
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# ABSTRACT: The Mozilla Public License 1.1 |
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1; |
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=pod |
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=encoding UTF-8 |
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=head1 NAME |
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Software::License::Mozilla_1_1 - The Mozilla Public License 1.1 |
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=head1 VERSION |
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version 0.104002 |
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=head1 PERL VERSION |
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This module is part of CPAN toolchain, or is treated as such. As such, it |
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follows the agreement of the Perl Toolchain Gang to require no newer version of |
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perl than v5.8.1. This version may change by agreement of the Toolchain Gang, |
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but for now is governed by the L<Lancaster |
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Consensus|https://github.com/Perl-Toolchain-Gang/toolchain-site/blob/master/lancaster-consensus.md> |
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of 2013. |
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=head1 AUTHOR |
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Ricardo Signes <rjbs@semiotic.systems> |
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=head1 COPYRIGHT AND LICENSE |
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This software is copyright (c) 2022 by Ricardo Signes. |
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This is free software; you can redistribute it and/or modify it under |
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the same terms as the Perl 5 programming language system itself. |
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=cut |
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__LICENSE__ |
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Mozilla Public License 1.1 (MPL 1.1) |
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1. Definitions. |
48
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49
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1.0.1. "Commercial Use" means distribution or |
50
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otherwise making the Covered Code available to a third |
51
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party. |
52
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53
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1.1. ''Contributor'' means each entity that creates or |
54
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contributes to the creation of Modifications. |
55
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56
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1.2. ''Contributor Version'' means the combination of |
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the Original Code, prior Modifications used by a |
58
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Contributor, and the Modifications made by that |
59
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particular Contributor. |
60
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61
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1.3. ''Covered Code'' means the Original Code or |
62
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Modifications or the combination of the Original Code |
63
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and Modifications, in each case including portions |
64
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thereof. |
65
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66
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1.4. ''Electronic Distribution Mechanism'' means a |
67
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mechanism generally accepted in the software |
68
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development community for the electronic transfer of |
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data. |
70
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71
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1.5. ''Executable'' means Covered Code in any form |
72
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other than Source Code. |
73
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74
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1.6. ''Initial Developer'' means the individual or entity |
75
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identified as the Initial Developer in the Source Code |
76
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notice required by Exhibit A. |
77
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1.7. ''Larger Work'' means a work which combines |
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Covered Code or portions thereof with code not |
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governed by the terms of this License. |
81
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82
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1.8. ''License'' means this document. |
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84
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1.8.1. "Licensable" means having the right to grant, |
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to the maximum extent possible, whether at the time |
86
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of the initial grant or subsequently acquired, any and |
87
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all of the rights conveyed herein. |
88
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89
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1.9. ''Modifications'' means any addition to or deletion |
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from the substance or structure of either the Original |
91
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Code or any previous Modifications. When Covered |
92
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Code is released as a series of files, a Modification is: |
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A. Any addition to or deletion from the contents |
94
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of a file containing Original Code or previous |
95
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Modifications. |
96
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97
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B. Any new file that contains any part of the |
98
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Original Code or previous Modifications. |
99
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100
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1.10. ''Original Code'' means Source Code of |
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computer software code which is described in the |
102
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Source Code notice required by Exhibit A as Original |
103
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Code, and which, at the time of its release under this |
104
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License is not already Covered Code governed by this |
105
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License. |
106
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107
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1.10.1. "Patent Claims" means any patent claim(s), |
108
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now owned or hereafter acquired, including without |
109
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limitation, method, process, and apparatus claims, in |
110
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any patent Licensable by grantor. |
111
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112
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1.11. ''Source Code'' means the preferred form of the |
113
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Covered Code for making modifications to it, including |
114
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all modules it contains, plus any associated interface |
115
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definition files, scripts used to control compilation and |
116
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installation of an Executable, or source code |
117
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differential comparisons against either the Original |
118
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Code or another well known, available Covered Code of |
119
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the Contributor's choice. The Source Code can be in a |
120
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compressed or archival form, provided the appropriate |
121
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decompression or de-archiving software is widely |
122
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available for no charge. |
123
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124
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1.12. "You'' (or "Your") means an individual or a legal |
125
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entity exercising rights under, and complying with all of |
126
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the terms of, this License or a future version of this |
127
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License issued under Section 6.1. For legal entities, |
128
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"You'' includes any entity which controls, is controlled |
129
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by, or is under common control with You. For purposes |
130
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of this definition, "control'' means (a) the power, direct |
131
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or indirect, to cause the direction or management of |
132
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such entity, whether by contract or otherwise, or (b) |
133
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ownership of more than fifty percent (50%) of the |
134
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outstanding shares or beneficial ownership of such |
135
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entity. |
136
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137
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2. Source Code License. |
138
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139
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2.1. The Initial Developer Grant. |
140
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The Initial Developer hereby grants You a world-wide, |
141
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royalty-free, non-exclusive license, subject to third |
142
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party intellectual property claims: |
143
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(a) under intellectual property rights (other than |
144
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patent or trademark) Licensable by Initial |
145
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Developer to use, reproduce, modify, display, |
146
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perform, sublicense and distribute the Original |
147
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Code (or portions thereof) with or without |
148
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Modifications, and/or as part of a Larger Work; |
149
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and |
150
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151
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(b) under Patents Claims infringed by the |
152
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making, using or selling of Original Code, to |
153
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make, have made, use, practice, sell, and offer |
154
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for sale, and/or otherwise dispose of the Original |
155
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Code (or portions thereof). |
156
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157
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(c) the licenses granted in this Section 2.1(a) |
158
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and (b) are effective on the date Initial Developer |
159
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first distributes Original Code under the terms of |
160
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this License. |
161
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162
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(d) Notwithstanding Section 2.1(b) above, no |
163
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patent license is granted: 1) for code that You |
164
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delete from the Original Code; 2) separate from |
165
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the Original Code; or 3) for infringements |
166
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caused by: i) the modification of the Original |
167
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Code or ii) the combination of the Original Code |
168
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with other software or devices. |
169
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170
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2.2. Contributor Grant. |
171
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Subject to third party intellectual property claims, each |
172
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Contributor hereby grants You a world-wide, |
173
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royalty-free, non-exclusive license |
174
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175
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(a) under intellectual property rights (other than |
176
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patent or trademark) Licensable by Contributor, |
177
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to use, reproduce, modify, display, perform, |
178
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sublicense and distribute the Modifications |
179
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created by such Contributor (or portions thereof) |
180
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either on an unmodified basis, with other |
181
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Modifications, as Covered Code and/or as part |
182
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of a Larger Work; and |
183
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184
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(b) under Patent Claims infringed by the |
185
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making, using, or selling of Modifications made |
186
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by that Contributor either alone and/or in |
187
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combination with its Contributor Version (or |
188
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portions of such combination), to make, use, |
189
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sell, offer for sale, have made, and/or otherwise |
190
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dispose of: 1) Modifications made by that |
191
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Contributor (or portions thereof); and 2) the |
192
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combination of Modifications made by that |
193
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Contributor with its Contributor Version (or |
194
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portions of such combination). |
195
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196
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(c) the licenses granted in Sections 2.2(a) and |
197
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2.2(b) are effective on the date Contributor first |
198
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makes Commercial Use of the Covered Code. |
199
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200
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(d) Notwithstanding Section 2.2(b) above, no |
201
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patent license is granted: 1) for any code that |
202
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Contributor has deleted from the Contributor |
203
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Version; 2) separate from the Contributor |
204
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Version; 3) for infringements caused by: i) third |
205
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party modifications of Contributor Version or ii) |
206
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the combination of Modifications made by that |
207
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Contributor with other software (except as part |
208
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of the Contributor Version) or other devices; or |
209
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4) under Patent Claims infringed by Covered |
210
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Code in the absence of Modifications made by |
211
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that Contributor. |
212
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213
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214
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3. Distribution Obligations. |
215
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216
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3.1. Application of License. |
217
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|
The Modifications which You create or to which You |
218
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|
|
contribute are governed by the terms of this License, |
219
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including without limitation Section 2.2. The Source |
220
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|
Code version of Covered Code may be distributed only |
221
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under the terms of this License or a future version of |
222
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this License released under Section 6.1, and You must |
223
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|
|
include a copy of this License with every copy of the |
224
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|
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|
|
Source Code You distribute. You may not offer or |
225
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|
|
impose any terms on any Source Code version that |
226
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|
|
alters or restricts the applicable version of this License |
227
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|
|
|
|
|
|
or the recipients' rights hereunder. However, You may |
228
|
|
|
|
|
|
|
include an additional document offering the additional |
229
|
|
|
|
|
|
|
rights described in Section 3.5. |
230
|
|
|
|
|
|
|
|
231
|
|
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|
|
|
|
3.2. Availability of Source Code. |
232
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|
|
|
|
|
|
Any Modification which You create or to which You |
233
|
|
|
|
|
|
|
contribute must be made available in Source Code |
234
|
|
|
|
|
|
|
form under the terms of this License either on the |
235
|
|
|
|
|
|
|
same media as an Executable version or via an |
236
|
|
|
|
|
|
|
accepted Electronic Distribution Mechanism to anyone |
237
|
|
|
|
|
|
|
to whom you made an Executable version available; |
238
|
|
|
|
|
|
|
and if made available via Electronic Distribution |
239
|
|
|
|
|
|
|
Mechanism, must remain available for at least twelve |
240
|
|
|
|
|
|
|
(12) months after the date it initially became available, |
241
|
|
|
|
|
|
|
or at least six (6) months after a subsequent version of |
242
|
|
|
|
|
|
|
that particular Modification has been made available to |
243
|
|
|
|
|
|
|
such recipients. You are responsible for ensuring that |
244
|
|
|
|
|
|
|
the Source Code version remains available even if the |
245
|
|
|
|
|
|
|
Electronic Distribution Mechanism is maintained by a |
246
|
|
|
|
|
|
|
third party. |
247
|
|
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|
|
|
|
|
248
|
|
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|
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|
|
3.3. Description of Modifications. |
249
|
|
|
|
|
|
|
You must cause all Covered Code to which You |
250
|
|
|
|
|
|
|
contribute to contain a file documenting the changes |
251
|
|
|
|
|
|
|
You made to create that Covered Code and the date of |
252
|
|
|
|
|
|
|
any change. You must include a prominent statement |
253
|
|
|
|
|
|
|
that the Modification is derived, directly or indirectly, |
254
|
|
|
|
|
|
|
from Original Code provided by the Initial Developer and |
255
|
|
|
|
|
|
|
including the name of the Initial Developer in (a) the |
256
|
|
|
|
|
|
|
Source Code, and (b) in any notice in an Executable |
257
|
|
|
|
|
|
|
version or related documentation in which You describe |
258
|
|
|
|
|
|
|
the origin or ownership of the Covered Code. |
259
|
|
|
|
|
|
|
|
260
|
|
|
|
|
|
|
3.4. Intellectual Property Matters |
261
|
|
|
|
|
|
|
(a) Third Party Claims. |
262
|
|
|
|
|
|
|
If Contributor has knowledge that a license |
263
|
|
|
|
|
|
|
under a third party's intellectual property rights |
264
|
|
|
|
|
|
|
is required to exercise the rights granted by |
265
|
|
|
|
|
|
|
such Contributor under Sections 2.1 or 2.2, |
266
|
|
|
|
|
|
|
Contributor must include a text file with the |
267
|
|
|
|
|
|
|
Source Code distribution titled "LEGAL'' which |
268
|
|
|
|
|
|
|
describes the claim and the party making the |
269
|
|
|
|
|
|
|
claim in sufficient detail that a recipient will |
270
|
|
|
|
|
|
|
know whom to contact. If Contributor obtains |
271
|
|
|
|
|
|
|
such knowledge after the Modification is made |
272
|
|
|
|
|
|
|
available as described in Section 3.2, |
273
|
|
|
|
|
|
|
Contributor shall promptly modify the LEGAL file |
274
|
|
|
|
|
|
|
in all copies Contributor makes available |
275
|
|
|
|
|
|
|
thereafter and shall take other steps (such as |
276
|
|
|
|
|
|
|
notifying appropriate mailing lists or |
277
|
|
|
|
|
|
|
newsgroups) reasonably calculated to inform |
278
|
|
|
|
|
|
|
those who received the Covered Code that new |
279
|
|
|
|
|
|
|
knowledge has been obtained. |
280
|
|
|
|
|
|
|
|
281
|
|
|
|
|
|
|
(b) Contributor APIs. |
282
|
|
|
|
|
|
|
If Contributor's Modifications include an |
283
|
|
|
|
|
|
|
application programming interface and |
284
|
|
|
|
|
|
|
Contributor has knowledge of patent licenses |
285
|
|
|
|
|
|
|
which are reasonably necessary to implement |
286
|
|
|
|
|
|
|
that API, Contributor must also include this |
287
|
|
|
|
|
|
|
information in the LEGAL file. |
288
|
|
|
|
|
|
|
|
289
|
|
|
|
|
|
|
(c) Representations. |
290
|
|
|
|
|
|
|
Contributor represents that, except as disclosed |
291
|
|
|
|
|
|
|
pursuant to Section 3.4(a) above, Contributor |
292
|
|
|
|
|
|
|
believes that Contributor's Modifications are |
293
|
|
|
|
|
|
|
Contributor's original creation(s) and/or |
294
|
|
|
|
|
|
|
Contributor has sufficient rights to grant the |
295
|
|
|
|
|
|
|
rights conveyed by this License. |
296
|
|
|
|
|
|
|
|
297
|
|
|
|
|
|
|
|
298
|
|
|
|
|
|
|
3.5. Required Notices. |
299
|
|
|
|
|
|
|
You must duplicate the notice in Exhibit A in each file |
300
|
|
|
|
|
|
|
of the Source Code. If it is not possible to put such |
301
|
|
|
|
|
|
|
notice in a particular Source Code file due to its |
302
|
|
|
|
|
|
|
structure, then You must include such notice in a |
303
|
|
|
|
|
|
|
location (such as a relevant directory) where a user |
304
|
|
|
|
|
|
|
would be likely to look for such a notice. If You |
305
|
|
|
|
|
|
|
created one or more Modification(s) You may add your |
306
|
|
|
|
|
|
|
name as a Contributor to the notice described in |
307
|
|
|
|
|
|
|
Exhibit A. You must also duplicate this License in |
308
|
|
|
|
|
|
|
any documentation for the Source Code where You |
309
|
|
|
|
|
|
|
describe recipients' rights or ownership rights relating |
310
|
|
|
|
|
|
|
to Covered Code. You may choose to offer, and to |
311
|
|
|
|
|
|
|
charge a fee for, warranty, support, indemnity or |
312
|
|
|
|
|
|
|
liability obligations to one or more recipients of Covered |
313
|
|
|
|
|
|
|
Code. However, You may do so only on Your own |
314
|
|
|
|
|
|
|
behalf, and not on behalf of the Initial Developer or any |
315
|
|
|
|
|
|
|
Contributor. You must make it absolutely clear than |
316
|
|
|
|
|
|
|
any such warranty, support, indemnity or liability |
317
|
|
|
|
|
|
|
obligation is offered by You alone, and You hereby |
318
|
|
|
|
|
|
|
agree to indemnify the Initial Developer and every |
319
|
|
|
|
|
|
|
Contributor for any liability incurred by the Initial |
320
|
|
|
|
|
|
|
Developer or such Contributor as a result of warranty, |
321
|
|
|
|
|
|
|
support, indemnity or liability terms You offer. |
322
|
|
|
|
|
|
|
|
323
|
|
|
|
|
|
|
3.6. Distribution of Executable Versions. |
324
|
|
|
|
|
|
|
You may distribute Covered Code in Executable form |
325
|
|
|
|
|
|
|
only if the requirements of Section 3.1-3.5 have been |
326
|
|
|
|
|
|
|
met for that Covered Code, and if You include a notice |
327
|
|
|
|
|
|
|
stating that the Source Code version of the Covered |
328
|
|
|
|
|
|
|
Code is available under the terms of this License, |
329
|
|
|
|
|
|
|
including a description of how and where You have |
330
|
|
|
|
|
|
|
fulfilled the obligations of Section 3.2. The notice must |
331
|
|
|
|
|
|
|
be conspicuously included in any notice in an |
332
|
|
|
|
|
|
|
Executable version, related documentation or collateral |
333
|
|
|
|
|
|
|
in which You describe recipients' rights relating to the |
334
|
|
|
|
|
|
|
Covered Code. You may distribute the Executable |
335
|
|
|
|
|
|
|
version of Covered Code or ownership rights under a |
336
|
|
|
|
|
|
|
license of Your choice, which may contain terms |
337
|
|
|
|
|
|
|
different from this License, provided that You are in |
338
|
|
|
|
|
|
|
compliance with the terms of this License and that the |
339
|
|
|
|
|
|
|
license for the Executable version does not attempt to |
340
|
|
|
|
|
|
|
limit or alter the recipient's rights in the Source Code |
341
|
|
|
|
|
|
|
version from the rights set forth in this License. If You |
342
|
|
|
|
|
|
|
distribute the Executable version under a different |
343
|
|
|
|
|
|
|
license You must make it absolutely clear that any |
344
|
|
|
|
|
|
|
terms which differ from this License are offered by You |
345
|
|
|
|
|
|
|
alone, not by the Initial Developer or any Contributor. |
346
|
|
|
|
|
|
|
You hereby agree to indemnify the Initial Developer and |
347
|
|
|
|
|
|
|
every Contributor for any liability incurred by the Initial |
348
|
|
|
|
|
|
|
Developer or such Contributor as a result of any such |
349
|
|
|
|
|
|
|
terms You offer. |
350
|
|
|
|
|
|
|
|
351
|
|
|
|
|
|
|
3.7. Larger Works. |
352
|
|
|
|
|
|
|
You may create a Larger Work by combining Covered |
353
|
|
|
|
|
|
|
Code with other code not governed by the terms of this |
354
|
|
|
|
|
|
|
License and distribute the Larger Work as a single |
355
|
|
|
|
|
|
|
product. In such a case, You must make sure the |
356
|
|
|
|
|
|
|
requirements of this License are fulfilled for the Covered |
357
|
|
|
|
|
|
|
Code. |
358
|
|
|
|
|
|
|
|
359
|
|
|
|
|
|
|
4. Inability to Comply Due to Statute or Regulation. |
360
|
|
|
|
|
|
|
|
361
|
|
|
|
|
|
|
If it is impossible for You to comply with any of the |
362
|
|
|
|
|
|
|
terms of this License with respect to some or all of the |
363
|
|
|
|
|
|
|
Covered Code due to statute, judicial order, or |
364
|
|
|
|
|
|
|
regulation then You must: (a) comply with the terms of |
365
|
|
|
|
|
|
|
this License to the maximum extent possible; and (b) |
366
|
|
|
|
|
|
|
describe the limitations and the code they affect. Such |
367
|
|
|
|
|
|
|
description must be included in the LEGAL file |
368
|
|
|
|
|
|
|
described in Section 3.4 and must be included with all |
369
|
|
|
|
|
|
|
distributions of the Source Code. Except to the extent |
370
|
|
|
|
|
|
|
prohibited by statute or regulation, such description |
371
|
|
|
|
|
|
|
must be sufficiently detailed for a recipient of ordinary |
372
|
|
|
|
|
|
|
skill to be able to understand it. |
373
|
|
|
|
|
|
|
|
374
|
|
|
|
|
|
|
5. Application of this License. |
375
|
|
|
|
|
|
|
|
376
|
|
|
|
|
|
|
This License applies to code to which the Initial |
377
|
|
|
|
|
|
|
Developer has attached the notice in Exhibit A and to |
378
|
|
|
|
|
|
|
related Covered Code. |
379
|
|
|
|
|
|
|
|
380
|
|
|
|
|
|
|
6. Versions of the License. |
381
|
|
|
|
|
|
|
|
382
|
|
|
|
|
|
|
6.1. New Versions. |
383
|
|
|
|
|
|
|
Netscape Communications Corporation (''Netscape'') |
384
|
|
|
|
|
|
|
may publish revised and/or new versions of the License |
385
|
|
|
|
|
|
|
from time to time. Each version will be given a |
386
|
|
|
|
|
|
|
distinguishing version number. |
387
|
|
|
|
|
|
|
|
388
|
|
|
|
|
|
|
6.2. Effect of New Versions. |
389
|
|
|
|
|
|
|
Once Covered Code has been published under a |
390
|
|
|
|
|
|
|
particular version of the License, You may always |
391
|
|
|
|
|
|
|
continue to use it under the terms of that version. You |
392
|
|
|
|
|
|
|
may also choose to use such Covered Code under the |
393
|
|
|
|
|
|
|
terms of any subsequent version of the License |
394
|
|
|
|
|
|
|
published by Netscape. No one other than Netscape |
395
|
|
|
|
|
|
|
has the right to modify the terms applicable to Covered |
396
|
|
|
|
|
|
|
Code created under this License. |
397
|
|
|
|
|
|
|
|
398
|
|
|
|
|
|
|
6.3. Derivative Works. |
399
|
|
|
|
|
|
|
If You create or use a modified version of this License |
400
|
|
|
|
|
|
|
(which you may only do in order to apply it to code |
401
|
|
|
|
|
|
|
which is not already Covered Code governed by this |
402
|
|
|
|
|
|
|
License), You must (a) rename Your license so that |
403
|
|
|
|
|
|
|
the phrases ''Mozilla'', ''MOZILLAPL'', ''MOZPL'', |
404
|
|
|
|
|
|
|
''Netscape'', "MPL", ''NPL'' or any confusingly similar |
405
|
|
|
|
|
|
|
phrase do not appear in your license (except to note |
406
|
|
|
|
|
|
|
that your license differs from this License) and (b) |
407
|
|
|
|
|
|
|
otherwise make it clear that Your version of the license |
408
|
|
|
|
|
|
|
contains terms which differ from the Mozilla Public |
409
|
|
|
|
|
|
|
License and Netscape Public License. (Filling in the |
410
|
|
|
|
|
|
|
name of the Initial Developer, Original Code or |
411
|
|
|
|
|
|
|
Contributor in the notice described in Exhibit A shall |
412
|
|
|
|
|
|
|
not of themselves be deemed to be modifications of |
413
|
|
|
|
|
|
|
this License.) |
414
|
|
|
|
|
|
|
|
415
|
|
|
|
|
|
|
7. DISCLAIMER OF WARRANTY. |
416
|
|
|
|
|
|
|
|
417
|
|
|
|
|
|
|
COVERED CODE IS PROVIDED UNDER THIS |
418
|
|
|
|
|
|
|
LICENSE ON AN "AS IS'' BASIS, WITHOUT |
419
|
|
|
|
|
|
|
WARRANTY OF ANY KIND, EITHER EXPRESSED |
420
|
|
|
|
|
|
|
OR IMPLIED, INCLUDING, WITHOUT LIMITATION, |
421
|
|
|
|
|
|
|
WARRANTIES THAT THE COVERED CODE IS FREE |
422
|
|
|
|
|
|
|
OF DEFECTS, MERCHANTABLE, FIT FOR A |
423
|
|
|
|
|
|
|
PARTICULAR PURPOSE OR NON-INFRINGING. THE |
424
|
|
|
|
|
|
|
ENTIRE RISK AS TO THE QUALITY AND |
425
|
|
|
|
|
|
|
PERFORMANCE OF THE COVERED CODE IS WITH |
426
|
|
|
|
|
|
|
YOU. SHOULD ANY COVERED CODE PROVE |
427
|
|
|
|
|
|
|
DEFECTIVE IN ANY RESPECT, YOU (NOT THE |
428
|
|
|
|
|
|
|
INITIAL DEVELOPER OR ANY OTHER |
429
|
|
|
|
|
|
|
CONTRIBUTOR) ASSUME THE COST OF ANY |
430
|
|
|
|
|
|
|
NECESSARY SERVICING, REPAIR OR |
431
|
|
|
|
|
|
|
CORRECTION. THIS DISCLAIMER OF WARRANTY |
432
|
|
|
|
|
|
|
CONSTITUTES AN ESSENTIAL PART OF THIS |
433
|
|
|
|
|
|
|
LICENSE. NO USE OF ANY COVERED CODE IS |
434
|
|
|
|
|
|
|
AUTHORIZED HEREUNDER EXCEPT UNDER THIS |
435
|
|
|
|
|
|
|
DISCLAIMER. |
436
|
|
|
|
|
|
|
|
437
|
|
|
|
|
|
|
8. TERMINATION. |
438
|
|
|
|
|
|
|
|
439
|
|
|
|
|
|
|
8.1. This License and the rights granted hereunder will |
440
|
|
|
|
|
|
|
terminate automatically if You fail to comply with terms |
441
|
|
|
|
|
|
|
herein and fail to cure such breach within 30 days of |
442
|
|
|
|
|
|
|
becoming aware of the breach. All sublicenses to the |
443
|
|
|
|
|
|
|
Covered Code which are properly granted shall survive |
444
|
|
|
|
|
|
|
any termination of this License. Provisions which, by |
445
|
|
|
|
|
|
|
their nature, must remain in effect beyond the |
446
|
|
|
|
|
|
|
termination of this License shall survive. |
447
|
|
|
|
|
|
|
|
448
|
|
|
|
|
|
|
8.2. If You initiate litigation by asserting a patent |
449
|
|
|
|
|
|
|
infringement claim (excluding declatory judgment |
450
|
|
|
|
|
|
|
actions) against Initial Developer or a Contributor (the |
451
|
|
|
|
|
|
|
Initial Developer or Contributor against whom You file |
452
|
|
|
|
|
|
|
such action is referred to as "Participant") alleging |
453
|
|
|
|
|
|
|
that: |
454
|
|
|
|
|
|
|
|
455
|
|
|
|
|
|
|
(a) such Participant's Contributor Version directly or |
456
|
|
|
|
|
|
|
indirectly infringes any patent, then any and all rights |
457
|
|
|
|
|
|
|
granted by such Participant to You under Sections 2.1 |
458
|
|
|
|
|
|
|
and/or 2.2 of this License shall, upon 60 days notice |
459
|
|
|
|
|
|
|
from Participant terminate prospectively, unless if |
460
|
|
|
|
|
|
|
within 60 days after receipt of notice You either: (i) |
461
|
|
|
|
|
|
|
agree in writing to pay Participant a mutually agreeable |
462
|
|
|
|
|
|
|
reasonable royalty for Your past and future use of |
463
|
|
|
|
|
|
|
Modifications made by such Participant, or (ii) |
464
|
|
|
|
|
|
|
withdraw Your litigation claim with respect to the |
465
|
|
|
|
|
|
|
Contributor Version against such Participant. If within |
466
|
|
|
|
|
|
|
60 days of notice, a reasonable royalty and payment |
467
|
|
|
|
|
|
|
arrangement are not mutually agreed upon in writing by |
468
|
|
|
|
|
|
|
the parties or the litigation claim is not withdrawn, the |
469
|
|
|
|
|
|
|
rights granted by Participant to You under Sections 2.1 |
470
|
|
|
|
|
|
|
and/or 2.2 automatically terminate at the expiration of |
471
|
|
|
|
|
|
|
the 60 day notice period specified above. |
472
|
|
|
|
|
|
|
|
473
|
|
|
|
|
|
|
(b) any software, hardware, or device, other than such |
474
|
|
|
|
|
|
|
Participant's Contributor Version, directly or indirectly |
475
|
|
|
|
|
|
|
infringes any patent, then any rights granted to You by |
476
|
|
|
|
|
|
|
such Participant under Sections 2.1(b) and 2.2(b) are |
477
|
|
|
|
|
|
|
revoked effective as of the date You first made, used, |
478
|
|
|
|
|
|
|
sold, distributed, or had made, Modifications made by |
479
|
|
|
|
|
|
|
that Participant. |
480
|
|
|
|
|
|
|
|
481
|
|
|
|
|
|
|
8.3. If You assert a patent infringement claim against |
482
|
|
|
|
|
|
|
Participant alleging that such Participant's Contributor |
483
|
|
|
|
|
|
|
Version directly or indirectly infringes any patent where |
484
|
|
|
|
|
|
|
such claim is resolved (such as by license or |
485
|
|
|
|
|
|
|
settlement) prior to the initiation of patent infringement |
486
|
|
|
|
|
|
|
litigation, then the reasonable value of the licenses |
487
|
|
|
|
|
|
|
granted by such Participant under Sections 2.1 or 2.2 |
488
|
|
|
|
|
|
|
shall be taken into account in determining the amount |
489
|
|
|
|
|
|
|
or value of any payment or license. |
490
|
|
|
|
|
|
|
|
491
|
|
|
|
|
|
|
8.4. In the event of termination under Sections 8.1 or |
492
|
|
|
|
|
|
|
8.2 above, all end user license agreements (excluding |
493
|
|
|
|
|
|
|
distributors and resellers) which have been validly |
494
|
|
|
|
|
|
|
granted by You or any distributor hereunder prior to |
495
|
|
|
|
|
|
|
termination shall survive termination. |
496
|
|
|
|
|
|
|
|
497
|
|
|
|
|
|
|
9. LIMITATION OF LIABILITY. |
498
|
|
|
|
|
|
|
|
499
|
|
|
|
|
|
|
UNDER NO CIRCUMSTANCES AND UNDER NO |
500
|
|
|
|
|
|
|
LEGAL THEORY, WHETHER TORT (INCLUDING |
501
|
|
|
|
|
|
|
NEGLIGENCE), CONTRACT, OR OTHERWISE, |
502
|
|
|
|
|
|
|
SHALL YOU, THE INITIAL DEVELOPER, ANY OTHER |
503
|
|
|
|
|
|
|
CONTRIBUTOR, OR ANY DISTRIBUTOR OF |
504
|
|
|
|
|
|
|
COVERED CODE, OR ANY SUPPLIER OF ANY OF |
505
|
|
|
|
|
|
|
SUCH PARTIES, BE LIABLE TO ANY PERSON FOR |
506
|
|
|
|
|
|
|
ANY INDIRECT, SPECIAL, INCIDENTAL, OR |
507
|
|
|
|
|
|
|
CONSEQUENTIAL DAMAGES OF ANY CHARACTER |
508
|
|
|
|
|
|
|
INCLUDING, WITHOUT LIMITATION, DAMAGES FOR |
509
|
|
|
|
|
|
|
LOSS OF GOODWILL, WORK STOPPAGE, |
510
|
|
|
|
|
|
|
COMPUTER FAILURE OR MALFUNCTION, OR ANY |
511
|
|
|
|
|
|
|
AND ALL OTHER COMMERCIAL DAMAGES OR |
512
|
|
|
|
|
|
|
LOSSES, EVEN IF SUCH PARTY SHALL HAVE |
513
|
|
|
|
|
|
|
BEEN INFORMED OF THE POSSIBILITY OF SUCH |
514
|
|
|
|
|
|
|
DAMAGES. THIS LIMITATION OF LIABILITY SHALL |
515
|
|
|
|
|
|
|
NOT APPLY TO LIABILITY FOR DEATH OR |
516
|
|
|
|
|
|
|
PERSONAL INJURY RESULTING FROM SUCH |
517
|
|
|
|
|
|
|
PARTY'S NEGLIGENCE TO THE EXTENT |
518
|
|
|
|
|
|
|
APPLICABLE LAW PROHIBITS SUCH LIMITATION. |
519
|
|
|
|
|
|
|
SOME JURISDICTIONS DO NOT ALLOW THE |
520
|
|
|
|
|
|
|
EXCLUSION OR LIMITATION OF INCIDENTAL OR |
521
|
|
|
|
|
|
|
CONSEQUENTIAL DAMAGES, SO THIS EXCLUSION |
522
|
|
|
|
|
|
|
AND LIMITATION MAY NOT APPLY TO YOU. |
523
|
|
|
|
|
|
|
|
524
|
|
|
|
|
|
|
10. U.S. GOVERNMENT END USERS. |
525
|
|
|
|
|
|
|
|
526
|
|
|
|
|
|
|
The Covered Code is a ''commercial item,'' as that term |
527
|
|
|
|
|
|
|
is defined in 48 C.F.R. 2.101 (Oct. 1995), consisting of |
528
|
|
|
|
|
|
|
''commercial computer software'' and ''commercial |
529
|
|
|
|
|
|
|
computer software documentation,'' as such terms are |
530
|
|
|
|
|
|
|
used in 48 C.F.R. 12.212 (Sept. 1995). Consistent with |
531
|
|
|
|
|
|
|
48 C.F.R. 12.212 and 48 C.F.R. 227.7202-1 through |
532
|
|
|
|
|
|
|
227.7202-4 (June 1995), all U.S. Government End |
533
|
|
|
|
|
|
|
Users acquire Covered Code with only those rights set |
534
|
|
|
|
|
|
|
forth herein. |
535
|
|
|
|
|
|
|
|
536
|
|
|
|
|
|
|
11. MISCELLANEOUS. |
537
|
|
|
|
|
|
|
|
538
|
|
|
|
|
|
|
This License represents the complete agreement |
539
|
|
|
|
|
|
|
concerning subject matter hereof. If any provision of |
540
|
|
|
|
|
|
|
this License is held to be unenforceable, such |
541
|
|
|
|
|
|
|
provision shall be reformed only to the extent |
542
|
|
|
|
|
|
|
necessary to make it enforceable. This License shall |
543
|
|
|
|
|
|
|
be governed by California law provisions (except to the |
544
|
|
|
|
|
|
|
extent applicable law, if any, provides otherwise), |
545
|
|
|
|
|
|
|
excluding its conflict-of-law provisions. With respect to |
546
|
|
|
|
|
|
|
disputes in which at least one party is a citizen of, or |
547
|
|
|
|
|
|
|
an entity chartered or registered to do business in the |
548
|
|
|
|
|
|
|
United States of America, any litigation relating to this |
549
|
|
|
|
|
|
|
License shall be subject to the jurisdiction of the |
550
|
|
|
|
|
|
|
Federal Courts of the Northern District of California, |
551
|
|
|
|
|
|
|
with venue lying in Santa Clara County, California, with |
552
|
|
|
|
|
|
|
the losing party responsible for costs, including without |
553
|
|
|
|
|
|
|
limitation, court costs and reasonable attorneys' fees |
554
|
|
|
|
|
|
|
and expenses. The application of the United Nations |
555
|
|
|
|
|
|
|
Convention on Contracts for the International Sale of |
556
|
|
|
|
|
|
|
Goods is expressly excluded. Any law or regulation |
557
|
|
|
|
|
|
|
which provides that the language of a contract shall be |
558
|
|
|
|
|
|
|
construed against the drafter shall not apply to this |
559
|
|
|
|
|
|
|
License. |
560
|
|
|
|
|
|
|
|
561
|
|
|
|
|
|
|
12. RESPONSIBILITY FOR CLAIMS. |
562
|
|
|
|
|
|
|
|
563
|
|
|
|
|
|
|
As between Initial Developer and the Contributors, |
564
|
|
|
|
|
|
|
each party is responsible for claims and damages |
565
|
|
|
|
|
|
|
arising, directly or indirectly, out of its utilization of |
566
|
|
|
|
|
|
|
rights under this License and You agree to work with |
567
|
|
|
|
|
|
|
Initial Developer and Contributors to distribute such |
568
|
|
|
|
|
|
|
responsibility on an equitable basis. Nothing herein is |
569
|
|
|
|
|
|
|
intended or shall be deemed to constitute any |
570
|
|
|
|
|
|
|
admission of liability. |
571
|
|
|
|
|
|
|
|
572
|
|
|
|
|
|
|
13. MULTIPLE-LICENSED CODE. |
573
|
|
|
|
|
|
|
|
574
|
|
|
|
|
|
|
Initial Developer may designate portions of the Covered |
575
|
|
|
|
|
|
|
Code as "Multiple-Licensed". "Multiple-Licensed" |
576
|
|
|
|
|
|
|
means that the Initial Developer permits you to utilize |
577
|
|
|
|
|
|
|
portions of the Covered Code under Your choice of the |
578
|
|
|
|
|
|
|
NPL or the alternative licenses, if any, specified by the |
579
|
|
|
|
|
|
|
Initial Developer in the file described in Exhibit A. |
580
|
|
|
|
|
|
|
|
581
|
|
|
|
|
|
|
|
582
|
|
|
|
|
|
|
EXHIBIT A -Mozilla Public License. |
583
|
|
|
|
|
|
|
|
584
|
|
|
|
|
|
|
``The contents of this file are subject to the Mozilla |
585
|
|
|
|
|
|
|
Public License Version 1.1 (the "License"); you may |
586
|
|
|
|
|
|
|
not use this file except in compliance with the License. |
587
|
|
|
|
|
|
|
You may obtain a copy of the License at |
588
|
|
|
|
|
|
|
http://www.mozilla.org/MPL/ |
589
|
|
|
|
|
|
|
|
590
|
|
|
|
|
|
|
Software distributed under the License is distributed on |
591
|
|
|
|
|
|
|
an "AS IS" basis, WITHOUT WARRANTY OF |
592
|
|
|
|
|
|
|
ANY KIND, either express or implied. See the License |
593
|
|
|
|
|
|
|
for the specific language governing rights and |
594
|
|
|
|
|
|
|
limitations under the License. |
595
|
|
|
|
|
|
|
|
596
|
|
|
|
|
|
|
The Original Code is |
597
|
|
|
|
|
|
|
______________________________________. |
598
|
|
|
|
|
|
|
|
599
|
|
|
|
|
|
|
The Initial Developer of the Original Code is |
600
|
|
|
|
|
|
|
________________________. Portions created by |
601
|
|
|
|
|
|
|
______________________ are Copyright (C) ______ |
602
|
|
|
|
|
|
|
_______________________. All Rights |
603
|
|
|
|
|
|
|
Reserved. |
604
|
|
|
|
|
|
|
|
605
|
|
|
|
|
|
|
Contributor(s): |
606
|
|
|
|
|
|
|
______________________________________. |
607
|
|
|
|
|
|
|
|
608
|
|
|
|
|
|
|
Alternatively, the contents of this file may be used |
609
|
|
|
|
|
|
|
under the terms of the _____ license (the "[___] |
610
|
|
|
|
|
|
|
License"), in which case the provisions of [______] |
611
|
|
|
|
|
|
|
License are applicable instead of those above. If you |
612
|
|
|
|
|
|
|
wish to allow use of your version of this file only under |
613
|
|
|
|
|
|
|
the terms of the [____] License and not to allow others |
614
|
|
|
|
|
|
|
to use your version of this file under the MPL, indicate |
615
|
|
|
|
|
|
|
your decision by deleting the provisions above and |
616
|
|
|
|
|
|
|
replace them with the notice and other provisions |
617
|
|
|
|
|
|
|
required by the [___] License. If you do not delete the |
618
|
|
|
|
|
|
|
provisions above, a recipient may use your version of |
619
|
|
|
|
|
|
|
this file under either the MPL or the [___] License." |
620
|
|
|
|
|
|
|
|
621
|
|
|
|
|
|
|
[NOTE: The text of this Exhibit A may differ slightly |
622
|
|
|
|
|
|
|
from the text of the notices in the Source Code files of |
623
|
|
|
|
|
|
|
the Original Code. You should use the text of this |
624
|
|
|
|
|
|
|
Exhibit A rather than the text found in the Original |
625
|
|
|
|
|
|
|
Code Source Code for Your Modifications.] |