1Mozilla Public License Version 1.1 2 31. Definitions. 4 51.0.1. "Commercial Use" means distribution or otherwise making the Covered 6Code available to a third party. 7 81.1. "Contributor" means each entity that creates or contributes to the 9creation of Modifications. 10 111.2. "Contributor Version" means the combination of the Original Code, prior 12Modifications used by a Contributor, and the Modifications made by that 13particular Contributor. 14 151.3. "Covered Code" means the Original Code or Modifications or the 16combination of the Original Code and Modifications, in each case including 17portions thereof. 18 191.4. "Electronic Distribution Mechanism" means a mechanism generally accepted 20in the software development community for the electronic transfer of data. 21 221.5. "Executable" means Covered Code in any form other than Source Code. 23 241.6. "Initial Developer" means the individual or entity identified as the 25Initial Developer in the Source Code notice required by Exhibit A. 26 271.7. "Larger Work" means a work which combines Covered Code or portions 28thereof with code not governed by the terms of this License. 29 301.8. "License" means this document. 31 321.8.1. "Licensable" means having the right to grant, to the maximum extent 33possible, whether at the time of the initial grant or subsequently acquired, 34any and all of the rights conveyed herein. 35 361.9. "Modifications" means any addition to or deletion from the substance or 37structure of either the Original Code or any previous Modifications. When 38Covered Code is released as a series of files, a Modification is: 39 40Any addition to or deletion from the contents of a file containing Original 41Code or previous Modifications. 42 43Any new file that contains any part of the Original Code or previous 44Modifications. 45 461.10. "Original Code" means Source Code of computer software code which is 47described in the Source Code notice required by Exhibit A as Original Code, 48and which, at the time of its release under this License is not already 49Covered Code governed by this License. 50 511.10.1. "Patent Claims" means any patent claim(s), now owned or hereafter 52acquired, including without limitation, method, process, and apparatus claims, 53in any patent Licensable by grantor. 54 551.11. "Source Code" means the preferred form of the Covered Code for making 56modifications to it, including all modules it contains, plus any associated 57interface definition files, scripts used to control compilation and 58installation of an Executable, or source code differential comparisons against 59either the Original Code or another well known, available Covered Code of the 60Contributor's choice. The Source Code can be in a compressed or archival 61form, provided the appropriate decompression or de-archiving software is 62widely available for no charge. 63 641.12. "You" (or "Your") means an individual or a legal entity exercising 65rights under, and complying with all of the terms of, this License or a future 66version of this License issued under Section 6.1. For legal entities, "You" 67includes any entity which controls, is controlled by, or is under common 68control with You. For purposes of this definition, "control" means (a) the 69power, direct or indirect, to cause the direction or management of such 70entity, whether by contract or otherwise, or (b) ownership of more than fifty 71percent (50%) of the outstanding shares or beneficial ownership of such 72entity. 73 742. Source Code License. 75 762.1. The Initial Developer Grant. The Initial Developer hereby grants You a 77world-wide, royalty-free, non-exclusive license, subject to third party 78intellectual property claims: 79 80a. under intellectual property rights (other than patent or trademark) 81Licensable by Initial Developer to use, reproduce, modify, display, perform, 82sublicense and distribute the Original Code (or portions thereof) with or 83without Modifications, and/or as part of a Larger Work; and 84 85b. under Patents Claims infringed by the making, using or selling of Original 86Code, to make, have made, use, practice, sell, and offer for sale, and/or 87otherwise dispose of the Original Code (or portions thereof). 88 89c. the licenses granted in this Section 2.1 (a) and (b) are effective on the 90date Initial Developer first distributes Original Code under the terms of this 91License. 92 93d. Notwithstanding Section 2.1 (b) above, no patent license is granted: 1) for 94code that You delete from the Original Code; 2) separate from the Original 95Code; or 3) for infringements caused by: i) the modification of the Original 96Code or ii) the combination of the Original Code with other software or 97devices. 98 992.2. Contributor Grant. Subject to third party intellectual property claims, 100each Contributor hereby grants You a world-wide, royalty-free, non-exclusive 101license 102 103a. under intellectual property rights (other than patent or trademark) 104Licensable by Contributor, to use, reproduce, modify, display, perform, 105sublicense and distribute the Modifications created by such Contributor (or 106portions thereof) either on an unmodified basis, with other Modifications, as 107Covered Code and/or as part of a Larger Work; and 108 109b. under Patent Claims infringed by the making, using, or selling of 110Modifications made by that Contributor either alone and/or in combination with 111its Contributor Version (or portions of such combination), to make, use, sell, 112offer for sale, have made, and/or otherwise dispose of: 1) Modifications made 113by that Contributor (or portions thereof); and 2) the combination of 114Modifications made by that Contributor with its Contributor Version (or 115portions of such combination). 116 117c. the licenses granted in Sections 2.2 (a) and 2.2 (b) are effective on the 118date Contributor first makes Commercial Use of the Covered Code. 119 120d. Notwithstanding Section 2.2 (b) above, no patent license is granted: 1) for 121any code that Contributor has deleted from the Contributor Version; 2) 122separate from the Contributor Version; 3) for infringements caused by: i) 123third party modifications of Contributor Version or ii) the combination of 124Modifications made by that Contributor with other software (except as part of 125the Contributor Version) or other devices; or 4) under Patent Claims infringed 126by Covered Code in the absence of Modifications made by that Contributor. 127 1283. Distribution Obligations. 129 1303.1. Application of License. The Modifications which You create or to which 131You contribute are governed by the terms of this License, including without 132limitation Section 2.2. The Source Code version of Covered Code may be 133distributed only under the terms of this License or a future version of this 134License released under Section 6.1, and You must include a copy of this 135License with every copy of the Source Code You distribute. You may not offer 136or impose any terms on any Source Code version that alters or restricts the 137applicable version of this License or the recipients' rights hereunder. 138However, You may include an additional document offering the additional rights 139described in Section 3.5. 140 1413.2. Availability of Source Code. Any Modification which You create or to 142which You contribute must be made available in Source Code form under the 143terms of this License either on the same media as an Executable version or via 144an accepted Electronic Distribution Mechanism to anyone to whom you made an 145Executable version available; and if made available via Electronic 146Distribution Mechanism, must remain available for at least twelve (12) months 147after the date it initially became available, or at least six (6) months after 148a subsequent version of that particular Modification has been made available 149to such recipients. You are responsible for ensuring that the Source Code 150version remains available even if the Electronic Distribution Mechanism is 151maintained by a third party. 152 1533.3. Description of Modifications. You must cause all Covered Code to which 154You contribute to contain a file documenting the changes You made to create 155that Covered Code and the date of any change. You must include a prominent 156statement that the Modification is derived, directly or indirectly, from 157Original Code provided by the Initial Developer and including the name of the 158Initial Developer in (a) the Source Code, and (b) in any notice in an 159Executable version or related documentation in which You describe the origin 160or ownership of the Covered Code. 161 1623.4. Intellectual Property Matters 163 164(a) Third Party Claims 165 166If Contributor has knowledge that a license under a third party's 167intellectual property rights is required to exercise the rights granted by 168such Contributor under Sections 2.1 or 2.2, Contributor must include a text 169file with the Source Code distribution titled "LEGAL" which describes the 170claim and the party making the claim in sufficient detail that a recipient 171will know whom to contact. If Contributor obtains such knowledge after the 172Modification is made available as described in Section 3.2, Contributor shall 173promptly modify the LEGAL file in all copies Contributor makes available 174thereafter and shall take other steps (such as notifying appropriate mailing 175lists or newsgroups) reasonably calculated to inform those who received the 176Covered Code that new knowledge has been obtained. 177 178(b) Contributor APIs 179 180If Contributor's Modifications include an application programming 181interface and Contributor has knowledge of patent licenses which are 182reasonably necessary to implement that API, Contributor must also include this 183information in the LEGAL file. 184 185(c) Representations. 186 187Contributor represents that, except as disclosed pursuant to Section 3.4 (a) 188above, Contributor believes that Contributor's Modifications are 189Contributor's original creation(s) and/or Contributor has sufficient 190rights to grant the rights conveyed by this License. 191 1923.5. Required Notices. You must duplicate the notice in Exhibit A in each file 193of the Source Code. If it is not possible to put such notice in a particular 194Source Code file due to its structure, then You must include such notice in a 195location (such as a relevant directory) where a user would be likely to look 196for such a notice. If You created one or more Modification(s) You may add your 197name as a Contributor to the notice described in Exhibit A. You must also 198duplicate this License in any documentation for the Source Code where You 199describe recipients' rights or ownership rights relating to Covered Code. 200You may choose to offer, and to charge a fee for, warranty, support, indemnity 201or liability obligations to one or more recipients of Covered Code. However, 202You may do so only on Your own behalf, and not on behalf of the Initial 203Developer or any Contributor. You must make it absolutely clear than any such 204warranty, support, indemnity or liability obligation is offered by You alone, 205and You hereby agree to indemnify the Initial Developer and every Contributor 206for any liability incurred by the Initial Developer or such Contributor as a 207result of warranty, support, indemnity or liability terms You offer. 208 2093.6. Distribution of Executable Versions. You may distribute Covered Code in 210Executable form only if the requirements of Sections 3.1, 3.2, 3.3, 3.4 and 2113.5 have been met for that Covered Code, and if You include a notice stating 212that the Source Code version of the Covered Code is available under the terms 213of this License, including a description of how and where You have fulfilled 214the obligations of Section 3.2. The notice must be conspicuously included in 215any notice in an Executable version, related documentation or collateral in 216which You describe recipients' rights relating to the Covered Code. You 217may distribute the Executable version of Covered Code or ownership rights 218under a license of Your choice, which may contain terms different from this 219License, provided that You are in compliance with the terms of this License 220and that the license for the Executable version does not attempt to limit or 221alter the recipient's rights in the Source Code version from the rights 222set forth in this License. If You distribute the Executable version under a 223different license You must make it absolutely clear that any terms which 224differ from this License are offered by You alone, not by the Initial 225Developer or any Contributor. You hereby agree to indemnify the Initial 226Developer and every Contributor for any liability incurred by the Initial 227Developer or such Contributor as a result of any such terms You offer. 228 2293.7. Larger Works. You may create a Larger Work by combining Covered Code with 230other code not governed by the terms of this License and distribute the Larger 231Work as a single product. In such a case, You must make sure the requirements 232of this License are fulfilled for the Covered Code. 233 2344. Inability to Comply Due to Statute or Regulation. 235 236If it is impossible for You to comply with any of the terms of this License 237with respect to some or all of the Covered Code due to statute, judicial 238order, or regulation then You must: (a) comply with the terms of this License 239to the maximum extent possible; and (b) describe the limitations and the code 240they affect. Such description must be included in the LEGAL file described in 241Section 3.4 and must be included with all distributions of the Source Code. 242Except to the extent prohibited by statute or regulation, such description 243must be sufficiently detailed for a recipient of ordinary skill to be able to 244understand it. 245 2465. Application of this License. 247This License applies to code to which the Initial Developer has attached the 248notice in Exhibit A and to related Covered Code. 249 2506. Versions of the License. 251 2526.1. New Versions 253 254Netscape Communications Corporation ("Netscape") may publish revised and/or 255new versions of the License from time to time. Each version will be given a 256distinguishing version number. 257 2586.2. Effect of New Versions 259 260Once Covered Code has been published under a particular version of the 261License, You may always continue to use it under the terms of that version. 262You may also choose to use such Covered Code under the terms of any subsequent 263version of the License published by Netscape. No one other than Netscape has 264the right to modify the terms applicable to Covered Code created under this 265License. 266 2676.3. Derivative Works 268 269If You create or use a modified version of this License (which you may only do 270in order to apply it to code which is not already Covered Code governed by 271this License), You must (a) rename Your license so that the phrases "Mozilla", 272"MOZILLAPL", "MOZPL", "Netscape", "MPL", "NPL" or any confusingly similar 273phrase do not appear in your license (except to note that your license differs 274from this License) and (b) otherwise make it clear that Your version of the 275license contains terms which differ from the Mozilla Public License and 276Netscape Public License. (Filling in the name of the Initial Developer, 277Original Code or Contributor in the notice described in Exhibit A shall not of 278themselves be deemed to be modifications of this License.) 279 2807. DISCLAIMER OF WARRANTY 281COVERED CODE IS PROVIDED UNDER THIS LICENSE ON AN "AS IS" BASIS, WITHOUT 282WARRANTY OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING, WITHOUT 283LIMITATION, WARRANTIES THAT THE COVERED CODE IS FREE OF DEFECTS, MERCHANTABLE, 284FIT FOR A PARTICULAR PURPOSE OR NON-INFRINGING. THE ENTIRE RISK AS TO THE 285QUALITY AND PERFORMANCE OF THE COVERED CODE IS WITH YOU. SHOULD ANY COVERED 286CODE PROVE DEFECTIVE IN ANY RESPECT, YOU (NOT THE INITIAL DEVELOPER OR ANY 287OTHER CONTRIBUTOR) ASSUME THE COST OF ANY NECESSARY SERVICING, REPAIR OR 288CORRECTION. THIS DISCLAIMER OF WARRANTY CONSTITUTES AN ESSENTIAL PART OF THIS 289LICENSE. NO USE OF ANY COVERED CODE IS AUTHORIZED HEREUNDER EXCEPT UNDER THIS 290DISCLAIMER. 291 2928. Termination 293 2948.1. This License and the rights granted hereunder will terminate 295automatically if You fail to comply with terms herein and fail to cure such 296breach within 30 days of becoming aware of the breach. All sublicenses to the 297Covered Code which are properly granted shall survive any termination of this 298License. Provisions which, by their nature, must remain in effect beyond the 299termination of this License shall survive. 300 3018.2. If You initiate litigation by asserting a patent infringement claim 302(excluding declatory judgment actions) against Initial Developer or a 303Contributor (the Initial Developer or Contributor against whom You file such 304action is referred to as "Participant") alleging that: 305 306a. such Participant's Contributor Version directly or indirectly 307infringes any patent, then any and all rights granted by such Participant to 308You under Sections 2.1 and/or 2.2 of this License shall, upon 60 days notice 309from Participant terminate prospectively, unless if within 60 days after 310receipt of notice You either: (i) agree in writing to pay Participant a 311mutually agreeable reasonable royalty for Your past and future use of 312Modifications made by such Participant, or (ii) withdraw Your litigation claim 313with respect to the Contributor Version against such Participant. If within 60 314days of notice, a reasonable royalty and payment arrangement are not mutually 315agreed upon in writing by the parties or the litigation claim is not 316withdrawn, the rights granted by Participant to You under Sections 2.1 and/or 3172.2 automatically terminate at the expiration of the 60 day notice period 318specified above. 319 320b. any software, hardware, or device, other than such Participant's 321Contributor Version, directly or indirectly infringes any patent, then any 322rights granted to You by such Participant under Sections 2.1(b) and 2.2(b) are 323revoked effective as of the date You first made, used, sold, distributed, or 324had made, Modifications made by that Participant. 325 3268.3. If You assert a patent infringement claim against Participant alleging 327that such Participant's Contributor Version directly or indirectly 328infringes any patent where such claim is resolved (such as by license or 329settlement) prior to the initiation of patent infringement litigation, then 330the reasonable value of the licenses granted by such Participant under 331Sections 2.1 or 2.2 shall be taken into account in determining the amount or 332value of any payment or license. 333 3348.4. In the event of termination under Sections 8.1 or 8.2 above, all end user 335license agreements (excluding distributors and resellers) which have been 336validly granted by You or any distributor hereunder prior to termination shall 337survive termination. 338 3399. LIMITATION OF LIABILITY 340UNDER NO CIRCUMSTANCES AND UNDER NO LEGAL THEORY, WHETHER TORT (INCLUDING 341NEGLIGENCE), CONTRACT, OR OTHERWISE, SHALL YOU, THE INITIAL DEVELOPER, ANY 342OTHER CONTRIBUTOR, OR ANY DISTRIBUTOR OF COVERED CODE, OR ANY SUPPLIER OF ANY 343OF SUCH PARTIES, BE LIABLE TO ANY PERSON FOR ANY INDIRECT, SPECIAL, 344INCIDENTAL, OR CONSEQUENTIAL DAMAGES OF ANY CHARACTER INCLUDING, WITHOUT 345LIMITATION, DAMAGES FOR LOSS OF GOODWILL, WORK STOPPAGE, COMPUTER FAILURE OR 346MALFUNCTION, OR ANY AND ALL OTHER COMMERCIAL DAMAGES OR LOSSES, EVEN IF SUCH 347PARTY SHALL HAVE BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGES. THIS 348LIMITATION OF LIABILITY SHALL NOT APPLY TO LIABILITY FOR DEATH OR PERSONAL 349INJURY RESULTING FROM SUCH PARTY'S NEGLIGENCE TO THE EXTENT APPLICABLE 350LAW PROHIBITS SUCH LIMITATION. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION 351OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THIS EXCLUSION AND 352LIMITATION MAY NOT APPLY TO YOU. 353 35410. U.S. government end users 355The Covered Code is a "commercial item," as that term is defined in 48 C.F.R. 3562.101 (Oct. 1995), consisting of "commercial computer software" and 357"commercial computer software documentation," as such terms are used in 48 358C.F.R. 12.212 (Sept. 1995). Consistent with 48 C.F.R. 12.212 and 48 C.F.R. 359227.7202-1 through 227.7202-4 (June 1995), all U.S. Government End Users 360acquire Covered Code with only those rights set forth herein. 361 36211. Miscellaneous 363This License represents the complete agreement concerning subject matter 364hereof. If any provision of this License is held to be unenforceable, such 365provision shall be reformed only to the extent necessary to make it 366enforceable. This License shall be governed by California law provisions 367(except to the extent applicable law, if any, provides otherwise), excluding 368its conflict-of-law provisions. With respect to disputes in which at least one 369party is a citizen of, or an entity chartered or registered to do business in 370the United States of America, any litigation relating to this License shall be 371subject to the jurisdiction of the Federal Courts of the Northern District of 372California, with venue lying in Santa Clara County, California, with the 373losing party responsible for costs, including without limitation, court costs 374and reasonable attorneys' fees and expenses. The application of the 375United Nations Convention on Contracts for the International Sale of Goods is 376expressly excluded. Any law or regulation which provides that the language of 377a contract shall be construed against the drafter shall not apply to this 378License. 379 38012. Responsibility for claims 381As between Initial Developer and the Contributors, each party is responsible 382for claims and damages arising, directly or indirectly, out of its utilization 383of rights under this License and You agree to work with Initial Developer and 384Contributors to distribute such responsibility on an equitable basis. Nothing 385herein is intended or shall be deemed to constitute any admission of 386liability. 387 38813. Multiple-licensed code 389Initial Developer may designate portions of the Covered Code as "Multiple- 390Licensed". "Multiple-Licensed" means that the Initial Developer permits you to 391utilize portions of the Covered Code under Your choice of the MPL or the 392alternative licenses, if any, specified by the Initial Developer in the file 393described in Exhibit A. 394 395Exhibit A - Mozilla Public License. 396 397"The contents of this file are subject to the Mozilla Public License Version 3981.1 (the "License"); you may not use this file except in compliance with the 399License. You may obtain a copy of the License at http://www.mozilla.org/MPL/ 400 401Software distributed under the License is distributed on an "AS IS" basis, 402WITHOUT WARRANTY OF ANY KIND, either express or implied. See the License for 403the specific language governing rights and limitations under the License. 404 405The Original Code is ______________________________________. 406 407The Initial Developer of the Original Code is ________________________. 408 409Portions created by ______________________ are Copyright (C) ______ 410 411_______________________. All Rights Reserved. 412 413Contributor(s): ______________________________________. 414 415Alternatively, the contents of this file may be used under the terms of the 416_____ license (the "[___] License"), in which case the provisions of [______] 417License are applicable instead of those above. If you wish to allow use of 418your version of this file only under the terms of the [____] License and not 419to allow others to use your version of this file under the MPL, indicate your 420decision by deleting the provisions above and replace them with the notice and 421other provisions required by the [___] License. If you do not delete the 422provisions above, a recipient may use your version of this file under either 423the MPL or the [___] License." 424 425NOTE: The text of this Exhibit A may differ slightly from the text of the 426notices in the Source Code files of the Original Code. You should use the text 427of this Exhibit A rather than the text found in the Original Code Source Code 428for Your Modifications. 429 430