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authorSven Gothel <[email protected]>2011-02-02 04:39:06 +0100
committerSven Gothel <[email protected]>2011-02-02 04:39:06 +0100
commite93ee652a80dd8f4f1f4d1f6a1075388856e2e5c (patch)
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parent4e29ab96c2e5f934b7441f0df5bc976accac7c59 (diff)
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+ MOZILLA PUBLIC LICENSE
+ Version 1.1
+
+ ---------------
+
+1. Definitions.
+
+ 1.0.1. "Commercial Use" means distribution or otherwise making the
+ Covered Code available to a third party.
+
+ 1.1. "Contributor" means each entity that creates or contributes to
+ the creation of Modifications.
+
+ 1.2. "Contributor Version" means the combination of the Original
+ Code, prior Modifications used by a Contributor, and the Modifications
+ made by that particular Contributor.
+
+ 1.3. "Covered Code" means the Original Code or Modifications or the
+ combination of the Original Code and Modifications, in each case
+ including portions thereof.
+
+ 1.4. "Electronic Distribution Mechanism" means a mechanism generally
+ accepted in the software development community for the electronic
+ transfer of data.
+
+ 1.5. "Executable" means Covered Code in any form other than Source
+ Code.
+
+ 1.6. "Initial Developer" means the individual or entity identified
+ as the Initial Developer in the Source Code notice required by Exhibit
+ A.
+
+ 1.7. "Larger Work" means a work which combines Covered Code or
+ portions thereof with code not governed by the terms of this License.
+
+ 1.8. "License" means this document.
+
+ 1.8.1. "Licensable" means having the right to grant, to the maximum
+ extent possible, whether at the time of the initial grant or
+ subsequently acquired, any and all of the rights conveyed herein.
+
+ 1.9. "Modifications" means any addition to or deletion from the
+ substance or structure of either the Original Code or any previous
+ Modifications. When Covered Code is released as a series of files, a
+ Modification is:
+ A. Any addition to or deletion from the contents of a file
+ containing Original Code or previous Modifications.
+
+ B. Any new file that contains any part of the Original Code or
+ previous Modifications.
+
+ 1.10. "Original Code" means Source Code of computer software code
+ which is described in the Source Code notice required by Exhibit A as
+ Original Code, and which, at the time of its release under this
+ License is not already Covered Code governed by this License.
+
+ 1.10.1. "Patent Claims" means any patent claim(s), now owned or
+ hereafter acquired, including without limitation, method, process,
+ and apparatus claims, in any patent Licensable by grantor.
+
+ 1.11. "Source Code" means the preferred form of the Covered Code for
+ making modifications to it, including all modules it contains, plus
+ any associated interface definition files, scripts used to control
+ compilation and installation of an Executable, or source code
+ differential comparisons against either the Original Code or another
+ well known, available Covered Code of the Contributor's choice. The
+ Source Code can be in a compressed or archival form, provided the
+ appropriate decompression or de-archiving software is widely available
+ for no charge.
+
+ 1.12. "You" (or "Your") means an individual or a legal entity
+ exercising rights under, and complying with all of the terms of, this
+ License or a future version of this License issued under Section 6.1.
+ For legal entities, "You" includes any entity which controls, is
+ controlled by, or is under common control with You. For purposes of
+ this definition, "control" means (a) the power, direct or indirect,
+ to cause the direction or management of such entity, whether by
+ contract or otherwise, or (b) ownership of more than fifty percent
+ (50%) of the outstanding shares or beneficial ownership of such
+ entity.
+
+2. Source Code License.
+
+ 2.1. The Initial Developer Grant.
+ The Initial Developer hereby grants You a world-wide, royalty-free,
+ non-exclusive license, subject to third party intellectual property
+ claims:
+ (a) under intellectual property rights (other than patent or
+ trademark) Licensable by Initial Developer to use, reproduce,
+ modify, display, perform, sublicense and distribute the Original
+ Code (or portions thereof) with or without Modifications, and/or
+ as part of a Larger Work; and
+
+ (b) under Patents Claims infringed by the making, using or
+ selling of Original Code, to make, have made, use, practice,
+ sell, and offer for sale, and/or otherwise dispose of the
+ Original Code (or portions thereof).
+
+ (c) the licenses granted in this Section 2.1(a) and (b) are
+ effective on the date Initial Developer first distributes
+ Original Code under the terms of this License.
+
+ (d) Notwithstanding Section 2.1(b) above, no patent license is
+ granted: 1) for code that You delete from the Original Code; 2)
+ separate from the Original Code; or 3) for infringements caused
+ by: i) the modification of the Original Code or ii) the
+ combination of the Original Code with other software or devices.
+
+ 2.2. Contributor Grant.
+ Subject to third party intellectual property claims, each Contributor
+ hereby grants You a world-wide, royalty-free, non-exclusive license
+
+ (a) under intellectual property rights (other than patent or
+ trademark) Licensable by Contributor, to use, reproduce, modify,
+ display, perform, sublicense and distribute the Modifications
+ created by such Contributor (or portions thereof) either on an
+ unmodified basis, with other Modifications, as Covered Code
+ and/or as part of a Larger Work; and
+
+ (b) under Patent Claims infringed by the making, using, or
+ selling of Modifications made by that Contributor either alone
+ and/or in combination with its Contributor Version (or portions
+ of such combination), to make, use, sell, offer for sale, have
+ made, and/or otherwise dispose of: 1) Modifications made by that
+ Contributor (or portions thereof); and 2) the combination of
+ Modifications made by that Contributor with its Contributor
+ Version (or portions of such combination).
+
+ (c) the licenses granted in Sections 2.2(a) and 2.2(b) are
+ effective on the date Contributor first makes Commercial Use of
+ the Covered Code.
+
+ (d) Notwithstanding Section 2.2(b) above, no patent license is
+ granted: 1) for any code that Contributor has deleted from the
+ Contributor Version; 2) separate from the Contributor Version;
+ 3) for infringements caused by: i) third party modifications of
+ Contributor Version or ii) the combination of Modifications made
+ by that Contributor with other software (except as part of the
+ Contributor Version) or other devices; or 4) under Patent Claims
+ infringed by Covered Code in the absence of Modifications made by
+ that Contributor.
+
+3. Distribution Obligations.
+
+ 3.1. Application of License.
+ The Modifications which You create or to which You contribute are
+ governed by the terms of this License, including without limitation
+ Section 2.2. The Source Code version of Covered Code may be
+ distributed only under the terms of this License or a future version
+ of this License released under Section 6.1, and You must include a
+ copy of this License with every copy of the Source Code You
+ distribute. You may not offer or impose any terms on any Source Code
+ version that alters or restricts the applicable version of this
+ License or the recipients' rights hereunder. However, You may include
+ an additional document offering the additional rights described in
+ Section 3.5.
+
+ 3.2. Availability of Source Code.
+ Any Modification which You create or to which You contribute must be
+ made available in Source Code form under the terms of this License
+ either on the same media as an Executable version or via an accepted
+ Electronic Distribution Mechanism to anyone to whom you made an
+ Executable version available; and if made available via Electronic
+ Distribution Mechanism, must remain available for at least twelve (12)
+ months after the date it initially became available, or at least six
+ (6) months after a subsequent version of that particular Modification
+ has been made available to such recipients. You are responsible for
+ ensuring that the Source Code version remains available even if the
+ Electronic Distribution Mechanism is maintained by a third party.
+
+ 3.3. Description of Modifications.
+ You must cause all Covered Code to which You contribute to contain a
+ file documenting the changes You made to create that Covered Code and
+ the date of any change. You must include a prominent statement that
+ the Modification is derived, directly or indirectly, from Original
+ Code provided by the Initial Developer and including the name of the
+ Initial Developer in (a) the Source Code, and (b) in any notice in an
+ Executable version or related documentation in which You describe the
+ origin or ownership of the Covered Code.
+
+ 3.4. Intellectual Property Matters
+ (a) Third Party Claims.
+ If Contributor has knowledge that a license under a third party's
+ intellectual property rights is required to exercise the rights
+ granted by such Contributor under Sections 2.1 or 2.2,
+ Contributor must include a text file with the Source Code
+ distribution titled "LEGAL" which describes the claim and the
+ party making the claim in sufficient detail that a recipient will
+ know whom to contact. If Contributor obtains such knowledge after
+ the Modification is made available as described in Section 3.2,
+ Contributor shall promptly modify the LEGAL file in all copies
+ Contributor makes available thereafter and shall take other steps
+ (such as notifying appropriate mailing lists or newsgroups)
+ reasonably calculated to inform those who received the Covered
+ Code that new knowledge has been obtained.
+
+ (b) Contributor APIs.
+ If Contributor's Modifications include an application programming
+ interface and Contributor has knowledge of patent licenses which
+ are reasonably necessary to implement that API, Contributor must
+ also include this information in the LEGAL file.
+
+ (c) Representations.
+ Contributor represents that, except as disclosed pursuant to
+ Section 3.4(a) above, Contributor believes that Contributor's
+ Modifications are Contributor's original creation(s) and/or
+ Contributor has sufficient rights to grant the rights conveyed by
+ this License.
+
+ 3.5. Required Notices.
+ You must duplicate the notice in Exhibit A in each file of the Source
+ Code. If it is not possible to put such notice in a particular Source
+ Code file due to its structure, then You must include such notice in a
+ location (such as a relevant directory) where a user would be likely
+ to look for such a notice. If You created one or more Modification(s)
+ You may add your name as a Contributor to the notice described in
+ Exhibit A. You must also duplicate this License in any documentation
+ for the Source Code where You describe recipients' rights or ownership
+ rights relating to Covered Code. You may choose to offer, and to
+ charge a fee for, warranty, support, indemnity or liability
+ obligations to one or more recipients of Covered Code. However, You
+ may do so only on Your own behalf, and not on behalf of the Initial
+ Developer or any Contributor. You must make it absolutely clear than
+ any such warranty, support, indemnity or liability obligation is
+ offered by You alone, and You hereby agree to indemnify the Initial
+ Developer and every Contributor for any liability incurred by the
+ Initial Developer or such Contributor as a result of warranty,
+ support, indemnity or liability terms You offer.
+
+ 3.6. Distribution of Executable Versions.
+ You may distribute Covered Code in Executable form only if the
+ requirements of Section 3.1-3.5 have been met for that Covered Code,
+ and if You include a notice stating that the Source Code version of
+ the Covered Code is available under the terms of this License,
+ including a description of how and where You have fulfilled the
+ obligations of Section 3.2. The notice must be conspicuously included
+ in any notice in an Executable version, related documentation or
+ collateral in which You describe recipients' rights relating to the
+ Covered Code. You may distribute the Executable version of Covered
+ Code or ownership rights under a license of Your choice, which may
+ contain terms different from this License, provided that You are in
+ compliance with the terms of this License and that the license for the
+ Executable version does not attempt to limit or alter the recipient's
+ rights in the Source Code version from the rights set forth in this
+ License. If You distribute the Executable version under a different
+ license You must make it absolutely clear that any terms which differ
+ from this License are offered by You alone, not by the Initial
+ Developer or any Contributor. You hereby agree to indemnify the
+ Initial Developer and every Contributor for any liability incurred by
+ the Initial Developer or such Contributor as a result of any such
+ terms You offer.
+
+ 3.7. Larger Works.
+ You may create a Larger Work by combining Covered Code with other code
+ not governed by the terms of this License and distribute the Larger
+ Work as a single product. In such a case, You must make sure the
+ requirements of this License are fulfilled for the Covered Code.
+
+4. Inability to Comply Due to Statute or Regulation.
+
+ If it is impossible for You to comply with any of the terms of this
+ License with respect to some or all of the Covered Code due to
+ statute, judicial order, or regulation then You must: (a) comply with
+ the terms of this License to the maximum extent possible; and (b)
+ describe the limitations and the code they affect. Such description
+ must be included in the LEGAL file described in Section 3.4 and must
+ be included with all distributions of the Source Code. Except to the
+ extent prohibited by statute or regulation, such description must be
+ sufficiently detailed for a recipient of ordinary skill to be able to
+ understand it.
+
+5. Application of this License.
+
+ This License applies to code to which the Initial Developer has
+ attached the notice in Exhibit A and to related Covered Code.
+
+6. Versions of the License.
+
+ 6.1. New Versions.
+ Netscape Communications Corporation ("Netscape") may publish revised
+ and/or new versions of the License from time to time. Each version
+ will be given a distinguishing version number.
+
+ 6.2. Effect of New Versions.
+ Once Covered Code has been published under a particular version of the
+ License, You may always continue to use it under the terms of that
+ version. You may also choose to use such Covered Code under the terms
+ of any subsequent version of the License published by Netscape. No one
+ other than Netscape has the right to modify the terms applicable to
+ Covered Code created under this License.
+
+ 6.3. Derivative Works.
+ If You create or use a modified version of this License (which you may
+ only do in order to apply it to code which is not already Covered Code
+ governed by this License), You must (a) rename Your license so that
+ the phrases "Mozilla", "MOZILLAPL", "MOZPL", "Netscape",
+ "MPL", "NPL" or any confusingly similar phrase do not appear in your
+ license (except to note that your license differs from this License)
+ and (b) otherwise make it clear that Your version of the license
+ contains terms which differ from the Mozilla Public License and
+ Netscape Public License. (Filling in the name of the Initial
+ Developer, Original Code or Contributor in the notice described in
+ Exhibit A shall not of themselves be deemed to be modifications of
+ this License.)
+
+7. DISCLAIMER OF WARRANTY.
+
+ COVERED CODE IS PROVIDED UNDER THIS LICENSE ON AN "AS IS" BASIS,
+ WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING,
+ WITHOUT LIMITATION, WARRANTIES THAT THE COVERED CODE IS FREE OF
+ DEFECTS, MERCHANTABLE, FIT FOR A PARTICULAR PURPOSE OR NON-INFRINGING.
+ THE ENTIRE RISK AS TO THE QUALITY AND PERFORMANCE OF THE COVERED CODE
+ IS WITH YOU. SHOULD ANY COVERED CODE PROVE DEFECTIVE IN ANY RESPECT,
+ YOU (NOT THE INITIAL DEVELOPER OR ANY OTHER CONTRIBUTOR) ASSUME THE
+ COST OF ANY NECESSARY SERVICING, REPAIR OR CORRECTION. THIS DISCLAIMER
+ OF WARRANTY CONSTITUTES AN ESSENTIAL PART OF THIS LICENSE. NO USE OF
+ ANY COVERED CODE IS AUTHORIZED HEREUNDER EXCEPT UNDER THIS DISCLAIMER.
+
+8. TERMINATION.
+
+ 8.1. This License and the rights granted hereunder will terminate
+ automatically if You fail to comply with terms herein and fail to cure
+ such breach within 30 days of becoming aware of the breach. All
+ sublicenses to the Covered Code which are properly granted shall
+ survive any termination of this License. Provisions which, by their
+ nature, must remain in effect beyond the termination of this License
+ shall survive.
+
+ 8.2. If You initiate litigation by asserting a patent infringement
+ claim (excluding declatory judgment actions) against Initial Developer
+ or a Contributor (the Initial Developer or Contributor against whom
+ You file such action is referred to as "Participant") alleging that:
+
+ (a) such Participant's Contributor Version directly or indirectly
+ infringes any patent, then any and all rights granted by such
+ Participant to You under Sections 2.1 and/or 2.2 of this License
+ shall, upon 60 days notice from Participant terminate prospectively,
+ unless if within 60 days after receipt of notice You either: (i)
+ agree in writing to pay Participant a mutually agreeable reasonable
+ royalty for Your past and future use of Modifications made by such
+ Participant, or (ii) withdraw Your litigation claim with respect to
+ the Contributor Version against such Participant. If within 60 days
+ of notice, a reasonable royalty and payment arrangement are not
+ mutually agreed upon in writing by the parties or the litigation claim
+ is not withdrawn, the rights granted by Participant to You under
+ Sections 2.1 and/or 2.2 automatically terminate at the expiration of
+ the 60 day notice period specified above.
+
+ (b) any software, hardware, or device, other than such Participant's
+ Contributor Version, directly or indirectly infringes any patent, then
+ any rights granted to You by such Participant under Sections 2.1(b)
+ and 2.2(b) are revoked effective as of the date You first made, used,
+ sold, distributed, or had made, Modifications made by that
+ Participant.
+
+ 8.3. If You assert a patent infringement claim against Participant
+ alleging that such Participant's Contributor Version directly or
+ indirectly infringes any patent where such claim is resolved (such as
+ by license or settlement) prior to the initiation of patent
+ infringement litigation, then the reasonable value of the licenses
+ granted by such Participant under Sections 2.1 or 2.2 shall be taken
+ into account in determining the amount or value of any payment or
+ license.
+
+ 8.4. In the event of termination under Sections 8.1 or 8.2 above,
+ all end user license agreements (excluding distributors and resellers)
+ which have been validly granted by You or any distributor hereunder
+ prior to termination shall survive termination.
+
+9. LIMITATION OF LIABILITY.
+
+ UNDER NO CIRCUMSTANCES AND UNDER NO LEGAL THEORY, WHETHER TORT
+ (INCLUDING NEGLIGENCE), CONTRACT, OR OTHERWISE, SHALL YOU, THE INITIAL
+ DEVELOPER, ANY OTHER CONTRIBUTOR, OR ANY DISTRIBUTOR OF COVERED CODE,
+ OR ANY SUPPLIER OF ANY OF SUCH PARTIES, BE LIABLE TO ANY PERSON FOR
+ ANY INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES OF ANY
+ CHARACTER INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF GOODWILL,
+ WORK STOPPAGE, COMPUTER FAILURE OR MALFUNCTION, OR ANY AND ALL OTHER
+ COMMERCIAL DAMAGES OR LOSSES, EVEN IF SUCH PARTY SHALL HAVE BEEN
+ INFORMED OF THE POSSIBILITY OF SUCH DAMAGES. THIS LIMITATION OF
+ LIABILITY SHALL NOT APPLY TO LIABILITY FOR DEATH OR PERSONAL INJURY
+ RESULTING FROM SUCH PARTY'S NEGLIGENCE TO THE EXTENT APPLICABLE LAW
+ PROHIBITS SUCH LIMITATION. SOME JURISDICTIONS DO NOT ALLOW THE
+ EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO
+ THIS EXCLUSION AND LIMITATION MAY NOT APPLY TO YOU.
+
+10. U.S. GOVERNMENT END USERS.
+
+ The Covered Code is a "commercial item," as that term is defined in
+ 48 C.F.R. 2.101 (Oct. 1995), consisting of "commercial computer
+ software" and "commercial computer software documentation," as such
+ terms are used in 48 C.F.R. 12.212 (Sept. 1995). Consistent with 48
+ C.F.R. 12.212 and 48 C.F.R. 227.7202-1 through 227.7202-4 (June 1995),
+ all U.S. Government End Users acquire Covered Code with only those
+ rights set forth herein.
+
+11. MISCELLANEOUS.
+
+ This License represents the complete agreement concerning subject
+ matter hereof. If any provision of this License is held to be
+ unenforceable, such provision shall be reformed only to the extent
+ necessary to make it enforceable. This License shall be governed by
+ California law provisions (except to the extent applicable law, if
+ any, provides otherwise), excluding its conflict-of-law provisions.
+ With respect to disputes in which at least one party is a citizen of,
+ or an entity chartered or registered to do business in the United
+ States of America, any litigation relating to this License shall be
+ subject to the jurisdiction of the Federal Courts of the Northern
+ District of California, with venue lying in Santa Clara County,
+ California, with the losing party responsible for costs, including
+ without limitation, court costs and reasonable attorneys' fees and
+ expenses. The application of the United Nations Convention on
+ Contracts for the International Sale of Goods is expressly excluded.
+ Any law or regulation which provides that the language of a contract
+ shall be construed against the drafter shall not apply to this
+ License.
+
+12. RESPONSIBILITY FOR CLAIMS.
+
+ As between Initial Developer and the Contributors, each party is
+ responsible for claims and damages arising, directly or indirectly,
+ out of its utilization of rights under this License and You agree to
+ work with Initial Developer and Contributors to distribute such
+ responsibility on an equitable basis. Nothing herein is intended or
+ shall be deemed to constitute any admission of liability.
+
+13. MULTIPLE-LICENSED CODE.
+
+ Initial Developer may designate portions of the Covered Code as
+ "Multiple-Licensed". "Multiple-Licensed" means that the Initial
+ Developer permits you to utilize portions of the Covered Code under
+ Your choice of the NPL or the alternative licenses, if any, specified
+ by the Initial Developer in the file described in Exhibit A.
+
+EXHIBIT A -Mozilla Public License.
+
+ ``The contents of this file are subject to the Mozilla Public License
+ Version 1.1 (the "License"); you may not use this file except in
+ compliance with the License. You may obtain a copy of the License at
+ http://www.mozilla.org/MPL/
+
+ Software distributed under the License is distributed on an "AS IS"
+ basis, WITHOUT WARRANTY OF ANY KIND, either express or implied. See the
+ License for the specific language governing rights and limitations
+ under the License.
+
+ The Original Code is ______________________________________.
+
+ The Initial Developer of the Original Code is ________________________.
+ Portions created by ______________________ are Copyright (C) ______
+ _______________________. All Rights Reserved.
+
+ Contributor(s): ______________________________________.
+
+ Alternatively, the contents of this file may be used under the terms
+ of the _____ license (the "[___] License"), in which case the
+ provisions of [______] License are applicable instead of those
+ above. If you wish to allow use of your version of this file only
+ under the terms of the [____] License and not to allow others to use
+ your version of this file under the MPL, indicate your decision by
+ deleting the provisions above and replace them with the notice and
+ other provisions required by the [___] License. If you do not delete
+ the provisions above, a recipient may use your version of this file
+ under either the MPL or the [___] License."
+
+ [NOTE: The text of this Exhibit A may differ slightly from the text of
+ the notices in the Source Code files of the Original Code. You should
+ use the text of this Exhibit A rather than the text found in the
+ Original Code Source Code for Your Modifications.]
+