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MOZILLA PUBLIC LICENSE |
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Version 1.1 |
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|
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--------------- |
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|
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1. Definitions. |
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|
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1.0.1. "Commercial Use" means distribution or otherwise making the |
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Covered Code available to a third party. |
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|
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1.1. "Contributor" means each entity that creates or contributes to |
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the creation of Modifications. |
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|
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1.2. "Contributor Version" means the combination of the Original |
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Code, prior Modifications used by a Contributor, and the Modifications |
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made by that particular Contributor. |
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|
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1.3. "Covered Code" means the Original Code or Modifications or the |
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combination of the Original Code and Modifications, in each case |
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including portions thereof. |
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|
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1.4. "Electronic Distribution Mechanism" means a mechanism generally |
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accepted in the software development community for the electronic |
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transfer of data. |
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|
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1.5. "Executable" means Covered Code in any form other than Source |
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Code. |
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|
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1.6. "Initial Developer" means the individual or entity identified |
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as the Initial Developer in the Source Code notice required by Exhibit |
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A. |
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|
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1.7. "Larger Work" means a work which combines Covered Code or |
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portions thereof with code not governed by the terms of this License. |
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|
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1.8. "License" means this document. |
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|
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1.8.1. "Licensable" means having the right to grant, to the maximum |
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extent possible, whether at the time of the initial grant or |
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subsequently acquired, any and all of the rights conveyed herein. |
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|
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1.9. "Modifications" means any addition to or deletion from the |
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substance or structure of either the Original Code or any previous |
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Modifications. When Covered Code is released as a series of files, a |
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Modification is: |
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A. Any addition to or deletion from the contents of a file |
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containing Original Code or previous Modifications. |
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|
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B. Any new file that contains any part of the Original Code or |
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previous Modifications. |
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|
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1.10. "Original Code" means Source Code of computer software code |
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which is described in the Source Code notice required by Exhibit A as |
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Original Code, and which, at the time of its release under this |
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License is not already Covered Code governed by this License. |
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|
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1.10.1. "Patent Claims" means any patent claim(s), now owned or |
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hereafter acquired, including without limitation, method, process, |
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and apparatus claims, in any patent Licensable by grantor. |
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|
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1.11. "Source Code" means the preferred form of the Covered Code for |
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making modifications to it, including all modules it contains, plus |
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any associated interface definition files, scripts used to control |
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compilation and installation of an Executable, or source code |
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differential comparisons against either the Original Code or another |
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well known, available Covered Code of the Contributor's choice. The |
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Source Code can be in a compressed or archival form, provided the |
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appropriate decompression or de-archiving software is widely available |
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for no charge. |
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|
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1.12. "You" (or "Your") means an individual or a legal entity |
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exercising rights under, and complying with all of the terms of, this |
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License or a future version of this License issued under Section 6.1. |
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For legal entities, "You" includes any entity which controls, is |
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controlled by, or is under common control with You. For purposes of |
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this definition, "control" means (a) the power, direct or indirect, |
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to cause the direction or management of such entity, whether by |
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contract or otherwise, or (b) ownership of more than fifty percent |
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(50%) of the outstanding shares or beneficial ownership of such |
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entity. |
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|
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2. Source Code License. |
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|
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2.1. The Initial Developer Grant. |
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The Initial Developer hereby grants You a world-wide, royalty-free, |
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non-exclusive license, subject to third party intellectual property |
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claims: |
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(a) under intellectual property rights (other than patent or |
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trademark) Licensable by Initial Developer to use, reproduce, |
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modify, display, perform, sublicense and distribute the Original |
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Code (or portions thereof) with or without Modifications, and/or |
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as part of a Larger Work; and |
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|
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(b) under Patents Claims infringed by the making, using or |
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selling of Original Code, to make, have made, use, practice, |
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sell, and offer for sale, and/or otherwise dispose of the |
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Original Code (or portions thereof). |
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|
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(c) the licenses granted in this Section 2.1(a) and (b) are |
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effective on the date Initial Developer first distributes |
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Original Code under the terms of this License. |
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|
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(d) Notwithstanding Section 2.1(b) above, no patent license is |
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granted: 1) for code that You delete from the Original Code; 2) |
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separate from the Original Code; or 3) for infringements caused |
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by: i) the modification of the Original Code or ii) the |
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combination of the Original Code with other software or devices. |
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|
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2.2. Contributor Grant. |
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Subject to third party intellectual property claims, each Contributor |
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hereby grants You a world-wide, royalty-free, non-exclusive license |
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|
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(a) under intellectual property rights (other than patent or |
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trademark) Licensable by Contributor, to use, reproduce, modify, |
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display, perform, sublicense and distribute the Modifications |
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created by such Contributor (or portions thereof) either on an |
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unmodified basis, with other Modifications, as Covered Code |
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and/or as part of a Larger Work; and |
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|
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(b) under Patent Claims infringed by the making, using, or |
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selling of Modifications made by that Contributor either alone |
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and/or in combination with its Contributor Version (or portions |
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of such combination), to make, use, sell, offer for sale, have |
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made, and/or otherwise dispose of: 1) Modifications made by that |
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Contributor (or portions thereof); and 2) the combination of |
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Modifications made by that Contributor with its Contributor |
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Version (or portions of such combination). |
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|
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(c) the licenses granted in Sections 2.2(a) and 2.2(b) are |
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effective on the date Contributor first makes Commercial Use of |
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the Covered Code. |
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|
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(d) Notwithstanding Section 2.2(b) above, no patent license is |
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granted: 1) for any code that Contributor has deleted from the |
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Contributor Version; 2) separate from the Contributor Version; |
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3) for infringements caused by: i) third party modifications of |
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Contributor Version or ii) the combination of Modifications made |
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by that Contributor with other software (except as part of the |
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Contributor Version) or other devices; or 4) under Patent Claims |
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infringed by Covered Code in the absence of Modifications made by |
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that Contributor. |
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|
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3. Distribution Obligations. |
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|
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3.1. Application of License. |
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The Modifications which You create or to which You contribute are |
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governed by the terms of this License, including without limitation |
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Section 2.2. The Source Code version of Covered Code may be |
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distributed only under the terms of this License or a future version |
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of this License released under Section 6.1, and You must include a |
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copy of this License with every copy of the Source Code You |
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distribute. You may not offer or impose any terms on any Source Code |
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version that alters or restricts the applicable version of this |
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License or the recipients' rights hereunder. However, You may include |
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an additional document offering the additional rights described in |
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Section 3.5. |
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|
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3.2. Availability of Source Code. |
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Any Modification which You create or to which You contribute must be |
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made available in Source Code form under the terms of this License |
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either on the same media as an Executable version or via an accepted |
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Electronic Distribution Mechanism to anyone to whom you made an |
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Executable version available; and if made available via Electronic |
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Distribution Mechanism, must remain available for at least twelve (12) |
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months after the date it initially became available, or at least six |
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(6) months after a subsequent version of that particular Modification |
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has been made available to such recipients. You are responsible for |
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ensuring that the Source Code version remains available even if the |
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Electronic Distribution Mechanism is maintained by a third party. |
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|
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3.3. Description of Modifications. |
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You must cause all Covered Code to which You contribute to contain a |
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file documenting the changes You made to create that Covered Code and |
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the date of any change. You must include a prominent statement that |
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the Modification is derived, directly or indirectly, from Original |
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Code provided by the Initial Developer and including the name of the |
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Initial Developer in (a) the Source Code, and (b) in any notice in an |
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Executable version or related documentation in which You describe the |
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origin or ownership of the Covered Code. |
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|
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3.4. Intellectual Property Matters |
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(a) Third Party Claims. |
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If Contributor has knowledge that a license under a third party's |
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intellectual property rights is required to exercise the rights |
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granted by such Contributor under Sections 2.1 or 2.2, |
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Contributor must include a text file with the Source Code |
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distribution titled "LEGAL" which describes the claim and the |
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party making the claim in sufficient detail that a recipient will |
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know whom to contact. If Contributor obtains such knowledge after |
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the Modification is made available as described in Section 3.2, |
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Contributor shall promptly modify the LEGAL file in all copies |
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Contributor makes available thereafter and shall take other steps |
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(such as notifying appropriate mailing lists or newsgroups) |
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reasonably calculated to inform those who received the Covered |
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Code that new knowledge has been obtained. |
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|
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(b) Contributor APIs. |
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If Contributor's Modifications include an application programming |
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interface and Contributor has knowledge of patent licenses which |
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are reasonably necessary to implement that API, Contributor must |
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also include this information in the LEGAL file. |
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|
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(c) Representations. |
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Contributor represents that, except as disclosed pursuant to |
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Section 3.4(a) above, Contributor believes that Contributor's |
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Modifications are Contributor's original creation(s) and/or |
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Contributor has sufficient rights to grant the rights conveyed by |
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this License. |
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|
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3.5. Required Notices. |
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You must duplicate the notice in Exhibit A in each file of the Source |
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Code. If it is not possible to put such notice in a particular Source |
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Code file due to its structure, then You must include such notice in a |
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location (such as a relevant directory) where a user would be likely |
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to look for such a notice. If You created one or more Modification(s) |
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You may add your name as a Contributor to the notice described in |
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Exhibit A. You must also duplicate this License in any documentation |
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for the Source Code where You describe recipients' rights or ownership |
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rights relating to Covered Code. You may choose to offer, and to |
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charge a fee for, warranty, support, indemnity or liability |
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obligations to one or more recipients of Covered Code. However, You |
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may do so only on Your own behalf, and not on behalf of the Initial |
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Developer or any Contributor. You must make it absolutely clear than |
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any such warranty, support, indemnity or liability obligation is |
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offered by You alone, and You hereby agree to indemnify the Initial |
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Developer and every Contributor for any liability incurred by the |
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Initial Developer or such Contributor as a result of warranty, |
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support, indemnity or liability terms You offer. |
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|
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3.6. Distribution of Executable Versions. |
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You may distribute Covered Code in Executable form only if the |
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requirements of Section 3.1-3.5 have been met for that Covered Code, |
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and if You include a notice stating that the Source Code version of |
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the Covered Code is available under the terms of this License, |
| 235 |
including a description of how and where You have fulfilled the |
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obligations of Section 3.2. The notice must be conspicuously included |
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in any notice in an Executable version, related documentation or |
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collateral in which You describe recipients' rights relating to the |
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Covered Code. You may distribute the Executable version of Covered |
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Code or ownership rights under a license of Your choice, which may |
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contain terms different from this License, provided that You are in |
| 242 |
compliance with the terms of this License and that the license for the |
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Executable version does not attempt to limit or alter the recipient's |
| 244 |
rights in the Source Code version from the rights set forth in this |
| 245 |
License. If You distribute the Executable version under a different |
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license You must make it absolutely clear that any terms which differ |
| 247 |
from this License are offered by You alone, not by the Initial |
| 248 |
Developer or any Contributor. You hereby agree to indemnify the |
| 249 |
Initial Developer and every Contributor for any liability incurred by |
| 250 |
the Initial Developer or such Contributor as a result of any such |
| 251 |
terms You offer. |
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|
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3.7. Larger Works. |
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You may create a Larger Work by combining Covered Code with other code |
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not governed by the terms of this License and distribute the Larger |
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Work as a single product. In such a case, You must make sure the |
| 257 |
requirements of this License are fulfilled for the Covered Code. |
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|
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4. Inability to Comply Due to Statute or Regulation. |
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|
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If it is impossible for You to comply with any of the terms of this |
| 262 |
License with respect to some or all of the Covered Code due to |
| 263 |
statute, judicial order, or regulation then You must: (a) comply with |
| 264 |
the terms of this License to the maximum extent possible; and (b) |
| 265 |
describe the limitations and the code they affect. Such description |
| 266 |
must be included in the LEGAL file described in Section 3.4 and must |
| 267 |
be included with all distributions of the Source Code. Except to the |
| 268 |
extent prohibited by statute or regulation, such description must be |
| 269 |
sufficiently detailed for a recipient of ordinary skill to be able to |
| 270 |
understand it. |
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|
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5. Application of this License. |
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|
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This License applies to code to which the Initial Developer has |
| 275 |
attached the notice in Exhibit A and to related Covered Code. |
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|
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6. Versions of the License. |
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|
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6.1. New Versions. |
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Netscape Communications Corporation ("Netscape") may publish revised |
| 281 |
and/or new versions of the License from time to time. Each version |
| 282 |
will be given a distinguishing version number. |
| 283 |
|
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6.2. Effect of New Versions. |
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Once Covered Code has been published under a particular version of the |
| 286 |
License, You may always continue to use it under the terms of that |
| 287 |
version. You may also choose to use such Covered Code under the terms |
| 288 |
of any subsequent version of the License published by Netscape. No one |
| 289 |
other than Netscape has the right to modify the terms applicable to |
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Covered Code created under this License. |
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|
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6.3. Derivative Works. |
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If You create or use a modified version of this License (which you may |
| 294 |
only do in order to apply it to code which is not already Covered Code |
| 295 |
governed by this License), You must (a) rename Your license so that |
| 296 |
the phrases "Mozilla", "MOZILLAPL", "MOZPL", "Netscape", |
| 297 |
"MPL", "NPL" or any confusingly similar phrase do not appear in your |
| 298 |
license (except to note that your license differs from this License) |
| 299 |
and (b) otherwise make it clear that Your version of the license |
| 300 |
contains terms which differ from the Mozilla Public License and |
| 301 |
Netscape Public License. (Filling in the name of the Initial |
| 302 |
Developer, Original Code or Contributor in the notice described in |
| 303 |
Exhibit A shall not of themselves be deemed to be modifications of |
| 304 |
this License.) |
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|
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7. DISCLAIMER OF WARRANTY. |
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|
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COVERED CODE IS PROVIDED UNDER THIS LICENSE ON AN "AS IS" BASIS, |
| 309 |
WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING, |
| 310 |
WITHOUT LIMITATION, WARRANTIES THAT THE COVERED CODE IS FREE OF |
| 311 |
DEFECTS, MERCHANTABLE, FIT FOR A PARTICULAR PURPOSE OR NON-INFRINGING. |
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THE ENTIRE RISK AS TO THE QUALITY AND PERFORMANCE OF THE COVERED CODE |
| 313 |
IS WITH YOU. SHOULD ANY COVERED CODE PROVE DEFECTIVE IN ANY RESPECT, |
| 314 |
YOU (NOT THE INITIAL DEVELOPER OR ANY OTHER CONTRIBUTOR) ASSUME THE |
| 315 |
COST OF ANY NECESSARY SERVICING, REPAIR OR CORRECTION. THIS DISCLAIMER |
| 316 |
OF WARRANTY CONSTITUTES AN ESSENTIAL PART OF THIS LICENSE. NO USE OF |
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ANY COVERED CODE IS AUTHORIZED HEREUNDER EXCEPT UNDER THIS DISCLAIMER. |
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|
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8. TERMINATION. |
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|
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8.1. This License and the rights granted hereunder will terminate |
| 322 |
automatically if You fail to comply with terms herein and fail to cure |
| 323 |
such breach within 30 days of becoming aware of the breach. All |
| 324 |
sublicenses to the Covered Code which are properly granted shall |
| 325 |
survive any termination of this License. Provisions which, by their |
| 326 |
nature, must remain in effect beyond the termination of this License |
| 327 |
shall survive. |
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|
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8.2. If You initiate litigation by asserting a patent infringement |
| 330 |
claim (excluding declatory judgment actions) against Initial Developer |
| 331 |
or a Contributor (the Initial Developer or Contributor against whom |
| 332 |
You file such action is referred to as "Participant") alleging that: |
| 333 |
|
| 334 |
(a) such Participant's Contributor Version directly or indirectly |
| 335 |
infringes any patent, then any and all rights granted by such |
| 336 |
Participant to You under Sections 2.1 and/or 2.2 of this License |
| 337 |
shall, upon 60 days notice from Participant terminate prospectively, |
| 338 |
unless if within 60 days after receipt of notice You either: (i) |
| 339 |
agree in writing to pay Participant a mutually agreeable reasonable |
| 340 |
royalty for Your past and future use of Modifications made by such |
| 341 |
Participant, or (ii) withdraw Your litigation claim with respect to |
| 342 |
the Contributor Version against such Participant. If within 60 days |
| 343 |
of notice, a reasonable royalty and payment arrangement are not |
| 344 |
mutually agreed upon in writing by the parties or the litigation claim |
| 345 |
is not withdrawn, the rights granted by Participant to You under |
| 346 |
Sections 2.1 and/or 2.2 automatically terminate at the expiration of |
| 347 |
the 60 day notice period specified above. |
| 348 |
|
| 349 |
(b) any software, hardware, or device, other than such Participant's |
| 350 |
Contributor Version, directly or indirectly infringes any patent, then |
| 351 |
any rights granted to You by such Participant under Sections 2.1(b) |
| 352 |
and 2.2(b) are revoked effective as of the date You first made, used, |
| 353 |
sold, distributed, or had made, Modifications made by that |
| 354 |
Participant. |
| 355 |
|
| 356 |
8.3. If You assert a patent infringement claim against Participant |
| 357 |
alleging that such Participant's Contributor Version directly or |
| 358 |
indirectly infringes any patent where such claim is resolved (such as |
| 359 |
by license or settlement) prior to the initiation of patent |
| 360 |
infringement litigation, then the reasonable value of the licenses |
| 361 |
granted by such Participant under Sections 2.1 or 2.2 shall be taken |
| 362 |
into account in determining the amount or value of any payment or |
| 363 |
license. |
| 364 |
|
| 365 |
8.4. In the event of termination under Sections 8.1 or 8.2 above, |
| 366 |
all end user license agreements (excluding distributors and resellers) |
| 367 |
which have been validly granted by You or any distributor hereunder |
| 368 |
prior to termination shall survive termination. |
| 369 |
|
| 370 |
9. LIMITATION OF LIABILITY. |
| 371 |
|
| 372 |
UNDER NO CIRCUMSTANCES AND UNDER NO LEGAL THEORY, WHETHER TORT |
| 373 |
(INCLUDING NEGLIGENCE), CONTRACT, OR OTHERWISE, SHALL YOU, THE INITIAL |
| 374 |
DEVELOPER, ANY OTHER CONTRIBUTOR, OR ANY DISTRIBUTOR OF COVERED CODE, |
| 375 |
OR ANY SUPPLIER OF ANY OF SUCH PARTIES, BE LIABLE TO ANY PERSON FOR |
| 376 |
ANY INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES OF ANY |
| 377 |
CHARACTER INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF GOODWILL, |
| 378 |
WORK STOPPAGE, COMPUTER FAILURE OR MALFUNCTION, OR ANY AND ALL OTHER |
| 379 |
COMMERCIAL DAMAGES OR LOSSES, EVEN IF SUCH PARTY SHALL HAVE BEEN |
| 380 |
INFORMED OF THE POSSIBILITY OF SUCH DAMAGES. THIS LIMITATION OF |
| 381 |
LIABILITY SHALL NOT APPLY TO LIABILITY FOR DEATH OR PERSONAL INJURY |
| 382 |
RESULTING FROM SUCH PARTY'S NEGLIGENCE TO THE EXTENT APPLICABLE LAW |
| 383 |
PROHIBITS SUCH LIMITATION. SOME JURISDICTIONS DO NOT ALLOW THE |
| 384 |
EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO |
| 385 |
THIS EXCLUSION AND LIMITATION MAY NOT APPLY TO YOU. |
| 386 |
|
| 387 |
10. U.S. GOVERNMENT END USERS. |
| 388 |
|
| 389 |
The Covered Code is a "commercial item," as that term is defined in |
| 390 |
48 C.F.R. 2.101 (Oct. 1995), consisting of "commercial computer |
| 391 |
software" and "commercial computer software documentation," as such |
| 392 |
terms are used in 48 C.F.R. 12.212 (Sept. 1995). Consistent with 48 |
| 393 |
C.F.R. 12.212 and 48 C.F.R. 227.7202-1 through 227.7202-4 (June 1995), |
| 394 |
all U.S. Government End Users acquire Covered Code with only those |
| 395 |
rights set forth herein. |
| 396 |
|
| 397 |
11. MISCELLANEOUS. |
| 398 |
|
| 399 |
This License represents the complete agreement concerning subject |
| 400 |
matter hereof. If any provision of this License is held to be |
| 401 |
unenforceable, such provision shall be reformed only to the extent |
| 402 |
necessary to make it enforceable. This License shall be governed by |
| 403 |
California law provisions (except to the extent applicable law, if |
| 404 |
any, provides otherwise), excluding its conflict-of-law provisions. |
| 405 |
With respect to disputes in which at least one party is a citizen of, |
| 406 |
or an entity chartered or registered to do business in the United |
| 407 |
States of America, any litigation relating to this License shall be |
| 408 |
subject to the jurisdiction of the Federal Courts of the Northern |
| 409 |
District of California, with venue lying in Santa Clara County, |
| 410 |
California, with the losing party responsible for costs, including |
| 411 |
without limitation, court costs and reasonable attorneys' fees and |
| 412 |
expenses. The application of the United Nations Convention on |
| 413 |
Contracts for the International Sale of Goods is expressly excluded. |
| 414 |
Any law or regulation which provides that the language of a contract |
| 415 |
shall be construed against the drafter shall not apply to this |
| 416 |
License. |
| 417 |
|
| 418 |
12. RESPONSIBILITY FOR CLAIMS. |
| 419 |
|
| 420 |
As between Initial Developer and the Contributors, each party is |
| 421 |
responsible for claims and damages arising, directly or indirectly, |
| 422 |
out of its utilization of rights under this License and You agree to |
| 423 |
work with Initial Developer and Contributors to distribute such |
| 424 |
responsibility on an equitable basis. Nothing herein is intended or |
| 425 |
shall be deemed to constitute any admission of liability. |
| 426 |
|
| 427 |
13. MULTIPLE-LICENSED CODE. |
| 428 |
|
| 429 |
Initial Developer may designate portions of the Covered Code as |
| 430 |
"Multiple-Licensed". "Multiple-Licensed" means that the Initial |
| 431 |
Developer permits you to utilize portions of the Covered Code under |
| 432 |
Your choice of the NPL or the alternative licenses, if any, specified |
| 433 |
by the Initial Developer in the file described in Exhibit A. |
| 434 |
|
| 435 |
EXHIBIT A -Mozilla Public License. |
| 436 |
|
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``The contents of this file are subject to the Mozilla Public License |
| 438 |
Version 1.1 (the "License"); you may not use this file except in |
| 439 |
compliance with the License. You may obtain a copy of the License at |
| 440 |
http://www.mozilla.org/MPL/ |
| 441 |
|
| 442 |
Software distributed under the License is distributed on an "AS IS" |
| 443 |
basis, WITHOUT WARRANTY OF ANY KIND, either express or implied. See the |
| 444 |
License for the specific language governing rights and limitations |
| 445 |
under the License. |
| 446 |
|
| 447 |
The Original Code is ______________________________________. |
| 448 |
|
| 449 |
The Initial Developer of the Original Code is ________________________. |
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Portions created by ______________________ are Copyright (C) ______ |
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_______________________. All Rights Reserved. |
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|
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Contributor(s): ______________________________________. |
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|
| 455 |
Alternatively, the contents of this file may be used under the terms |
| 456 |
of the _____ license (the "[___] License"), in which case the |
| 457 |
provisions of [______] License are applicable instead of those |
| 458 |
above. If you wish to allow use of your version of this file only |
| 459 |
under the terms of the [____] License and not to allow others to use |
| 460 |
your version of this file under the MPL, indicate your decision by |
| 461 |
deleting the provisions above and replace them with the notice and |
| 462 |
other provisions required by the [___] License. If you do not delete |
| 463 |
the provisions above, a recipient may use your version of this file |
| 464 |
under either the MPL or the [___] License." |
| 465 |
|
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[NOTE: The text of this Exhibit A may differ slightly from the text of |
| 467 |
the notices in the Source Code files of the Original Code. You should |
| 468 |
use the text of this Exhibit A rather than the text found in the |
| 469 |
Original Code Source Code for Your Modifications.] |
