| 1 |
|
| 2 |
AMENDMENTS |
| 3 |
|
| 4 |
The Netscape Public License Version 1.1 ("NPL") consists of the |
| 5 |
Mozilla Public License Version 1.1 with the following Amendments, |
| 6 |
including Exhibit A-Netscape Public License. Files identified with |
| 7 |
"Exhibit A-Netscape Public License" are governed by the Netscape |
| 8 |
Public License Version 1.1. |
| 9 |
|
| 10 |
Additional Terms applicable to the Netscape Public License. |
| 11 |
I. Effect. |
| 12 |
These additional terms described in this Netscape Public |
| 13 |
License -- Amendments shall apply to the Mozilla Communicator |
| 14 |
client code and to all Covered Code under this License. |
| 15 |
|
| 16 |
II. "Netscape's Branded Code" means Covered Code that Netscape |
| 17 |
distributes and/or permits others to distribute under one or more |
| 18 |
trademark(s) which are controlled by Netscape but which are not |
| 19 |
licensed for use under this License. |
| 20 |
|
| 21 |
III. Netscape and logo. |
| 22 |
This License does not grant any rights to use the trademarks |
| 23 |
"Netscape", the "Netscape N and horizon" logo or the "Netscape |
| 24 |
lighthouse" logo, "Netcenter", "Gecko", "Java" or "JavaScript", |
| 25 |
"Smart Browsing" even if such marks are included in the Original |
| 26 |
Code or Modifications. |
| 27 |
|
| 28 |
IV. Inability to Comply Due to Contractual Obligation. |
| 29 |
Prior to licensing the Original Code under this License, Netscape |
| 30 |
has licensed third party code for use in Netscape's Branded Code. |
| 31 |
To the extent that Netscape is limited contractually from making |
| 32 |
such third party code available under this License, Netscape may |
| 33 |
choose to reintegrate such code into Covered Code without being |
| 34 |
required to distribute such code in Source Code form, even if |
| 35 |
such code would otherwise be considered "Modifications" under |
| 36 |
this License. |
| 37 |
|
| 38 |
V. Use of Modifications and Covered Code by Initial Developer. |
| 39 |
V.1. In General. |
| 40 |
The obligations of Section 3 apply to Netscape, except to |
| 41 |
the extent specified in this Amendment, Section V.2 and V.3. |
| 42 |
|
| 43 |
V.2. Other Products. |
| 44 |
Netscape may include Covered Code in products other than the |
| 45 |
Netscape's Branded Code which are released by Netscape |
| 46 |
during the two (2) years following the release date of the |
| 47 |
Original Code, without such additional products becoming |
| 48 |
subject to the terms of this License, and may license such |
| 49 |
additional products on different terms from those contained |
| 50 |
in this License. |
| 51 |
|
| 52 |
V.3. Alternative Licensing. |
| 53 |
Netscape may license the Source Code of Netscape's Branded |
| 54 |
Code, including Modifications incorporated therein, without |
| 55 |
such Netscape Branded Code becoming subject to the terms of |
| 56 |
this License, and may license such Netscape Branded Code on |
| 57 |
different terms from those contained in this License. |
| 58 |
|
| 59 |
VI. Litigation. |
| 60 |
Notwithstanding the limitations of Section 11 above, the |
| 61 |
provisions regarding litigation in Section 11(a), (b) and (c) of |
| 62 |
the License shall apply to all disputes relating to this License. |
| 63 |
|
| 64 |
EXHIBIT A-Netscape Public License. |
| 65 |
|
| 66 |
"The contents of this file are subject to the Netscape Public |
| 67 |
License Version 1.1 (the "License"); you may not use this file |
| 68 |
except in compliance with the License. You may obtain a copy of |
| 69 |
the License at http://www.mozilla.org/NPL/ |
| 70 |
|
| 71 |
Software distributed under the License is distributed on an "AS |
| 72 |
IS" basis, WITHOUT WARRANTY OF ANY KIND, either express or |
| 73 |
implied. See the License for the specific language governing |
| 74 |
rights and limitations under the License. |
| 75 |
|
| 76 |
The Original Code is Mozilla Communicator client code, released |
| 77 |
March 31, 1998. |
| 78 |
|
| 79 |
The Initial Developer of the Original Code is Netscape |
| 80 |
Communications Corporation. Portions created by Netscape are |
| 81 |
Copyright (C) 1998-1999 Netscape Communications Corporation. All |
| 82 |
Rights Reserved. |
| 83 |
|
| 84 |
Contributor(s): ______________________________________. |
| 85 |
|
| 86 |
Alternatively, the contents of this file may be used under the |
| 87 |
terms of the _____ license (the "[___] License"), in which case |
| 88 |
the provisions of [______] License are applicable instead of |
| 89 |
those above. If you wish to allow use of your version of this |
| 90 |
file only under the terms of the [____] License and not to allow |
| 91 |
others to use your version of this file under the NPL, indicate |
| 92 |
your decision by deleting the provisions above and replace them |
| 93 |
with the notice and other provisions required by the [___] |
| 94 |
License. If you do not delete the provisions above, a recipient |
| 95 |
may use your version of this file under either the NPL or the |
| 96 |
[___] License." |
| 97 |
|
| 98 |
---------------------------------------------------------------------- |
| 99 |
|
| 100 |
MOZILLA PUBLIC LICENSE |
| 101 |
Version 1.1 |
| 102 |
|
| 103 |
--------------- |
| 104 |
|
| 105 |
1. Definitions. |
| 106 |
|
| 107 |
1.0.1. "Commercial Use" means distribution or otherwise making the |
| 108 |
Covered Code available to a third party. |
| 109 |
|
| 110 |
1.1. "Contributor" means each entity that creates or contributes to |
| 111 |
the creation of Modifications. |
| 112 |
|
| 113 |
1.2. "Contributor Version" means the combination of the Original |
| 114 |
Code, prior Modifications used by a Contributor, and the Modifications |
| 115 |
made by that particular Contributor. |
| 116 |
|
| 117 |
1.3. "Covered Code" means the Original Code or Modifications or the |
| 118 |
combination of the Original Code and Modifications, in each case |
| 119 |
including portions thereof. |
| 120 |
|
| 121 |
1.4. "Electronic Distribution Mechanism" means a mechanism generally |
| 122 |
accepted in the software development community for the electronic |
| 123 |
transfer of data. |
| 124 |
|
| 125 |
1.5. "Executable" means Covered Code in any form other than Source |
| 126 |
Code. |
| 127 |
|
| 128 |
1.6. "Initial Developer" means the individual or entity identified |
| 129 |
as the Initial Developer in the Source Code notice required by Exhibit |
| 130 |
A. |
| 131 |
|
| 132 |
1.7. "Larger Work" means a work which combines Covered Code or |
| 133 |
portions thereof with code not governed by the terms of this License. |
| 134 |
|
| 135 |
1.8. "License" means this document. |
| 136 |
|
| 137 |
1.8.1. "Licensable" means having the right to grant, to the maximum |
| 138 |
extent possible, whether at the time of the initial grant or |
| 139 |
subsequently acquired, any and all of the rights conveyed herein. |
| 140 |
|
| 141 |
1.9. "Modifications" means any addition to or deletion from the |
| 142 |
substance or structure of either the Original Code or any previous |
| 143 |
Modifications. When Covered Code is released as a series of files, a |
| 144 |
Modification is: |
| 145 |
A. Any addition to or deletion from the contents of a file |
| 146 |
containing Original Code or previous Modifications. |
| 147 |
|
| 148 |
B. Any new file that contains any part of the Original Code or |
| 149 |
previous Modifications. |
| 150 |
|
| 151 |
1.10. "Original Code" means Source Code of computer software code |
| 152 |
which is described in the Source Code notice required by Exhibit A as |
| 153 |
Original Code, and which, at the time of its release under this |
| 154 |
License is not already Covered Code governed by this License. |
| 155 |
|
| 156 |
1.10.1. "Patent Claims" means any patent claim(s), now owned or |
| 157 |
hereafter acquired, including without limitation, method, process, |
| 158 |
and apparatus claims, in any patent Licensable by grantor. |
| 159 |
|
| 160 |
1.11. "Source Code" means the preferred form of the Covered Code for |
| 161 |
making modifications to it, including all modules it contains, plus |
| 162 |
any associated interface definition files, scripts used to control |
| 163 |
compilation and installation of an Executable, or source code |
| 164 |
differential comparisons against either the Original Code or another |
| 165 |
well known, available Covered Code of the Contributor's choice. The |
| 166 |
Source Code can be in a compressed or archival form, provided the |
| 167 |
appropriate decompression or de-archiving software is widely available |
| 168 |
for no charge. |
| 169 |
|
| 170 |
1.12. "You" (or "Your") means an individual or a legal entity |
| 171 |
exercising rights under, and complying with all of the terms of, this |
| 172 |
License or a future version of this License issued under Section 6.1. |
| 173 |
For legal entities, "You" includes any entity which controls, is |
| 174 |
controlled by, or is under common control with You. For purposes of |
| 175 |
this definition, "control" means (a) the power, direct or indirect, |
| 176 |
to cause the direction or management of such entity, whether by |
| 177 |
contract or otherwise, or (b) ownership of more than fifty percent |
| 178 |
(50%) of the outstanding shares or beneficial ownership of such |
| 179 |
entity. |
| 180 |
|
| 181 |
2. Source Code License. |
| 182 |
|
| 183 |
2.1. The Initial Developer Grant. |
| 184 |
The Initial Developer hereby grants You a world-wide, royalty-free, |
| 185 |
non-exclusive license, subject to third party intellectual property |
| 186 |
claims: |
| 187 |
(a) under intellectual property rights (other than patent or |
| 188 |
trademark) Licensable by Initial Developer to use, reproduce, |
| 189 |
modify, display, perform, sublicense and distribute the Original |
| 190 |
Code (or portions thereof) with or without Modifications, and/or |
| 191 |
as part of a Larger Work; and |
| 192 |
|
| 193 |
(b) under Patents Claims infringed by the making, using or |
| 194 |
selling of Original Code, to make, have made, use, practice, |
| 195 |
sell, and offer for sale, and/or otherwise dispose of the |
| 196 |
Original Code (or portions thereof). |
| 197 |
|
| 198 |
(c) the licenses granted in this Section 2.1(a) and (b) are |
| 199 |
effective on the date Initial Developer first distributes |
| 200 |
Original Code under the terms of this License. |
| 201 |
|
| 202 |
(d) Notwithstanding Section 2.1(b) above, no patent license is |
| 203 |
granted: 1) for code that You delete from the Original Code; 2) |
| 204 |
separate from the Original Code; or 3) for infringements caused |
| 205 |
by: i) the modification of the Original Code or ii) the |
| 206 |
combination of the Original Code with other software or devices. |
| 207 |
|
| 208 |
2.2. Contributor Grant. |
| 209 |
Subject to third party intellectual property claims, each Contributor |
| 210 |
hereby grants You a world-wide, royalty-free, non-exclusive license |
| 211 |
|
| 212 |
(a) under intellectual property rights (other than patent or |
| 213 |
trademark) Licensable by Contributor, to use, reproduce, modify, |
| 214 |
display, perform, sublicense and distribute the Modifications |
| 215 |
created by such Contributor (or portions thereof) either on an |
| 216 |
unmodified basis, with other Modifications, as Covered Code |
| 217 |
and/or as part of a Larger Work; and |
| 218 |
|
| 219 |
(b) under Patent Claims infringed by the making, using, or |
| 220 |
selling of Modifications made by that Contributor either alone |
| 221 |
and/or in combination with its Contributor Version (or portions |
| 222 |
of such combination), to make, use, sell, offer for sale, have |
| 223 |
made, and/or otherwise dispose of: 1) Modifications made by that |
| 224 |
Contributor (or portions thereof); and 2) the combination of |
| 225 |
Modifications made by that Contributor with its Contributor |
| 226 |
Version (or portions of such combination). |
| 227 |
|
| 228 |
(c) the licenses granted in Sections 2.2(a) and 2.2(b) are |
| 229 |
effective on the date Contributor first makes Commercial Use of |
| 230 |
the Covered Code. |
| 231 |
|
| 232 |
(d) Notwithstanding Section 2.2(b) above, no patent license is |
| 233 |
granted: 1) for any code that Contributor has deleted from the |
| 234 |
Contributor Version; 2) separate from the Contributor Version; |
| 235 |
3) for infringements caused by: i) third party modifications of |
| 236 |
Contributor Version or ii) the combination of Modifications made |
| 237 |
by that Contributor with other software (except as part of the |
| 238 |
Contributor Version) or other devices; or 4) under Patent Claims |
| 239 |
infringed by Covered Code in the absence of Modifications made by |
| 240 |
that Contributor. |
| 241 |
|
| 242 |
3. Distribution Obligations. |
| 243 |
|
| 244 |
3.1. Application of License. |
| 245 |
The Modifications which You create or to which You contribute are |
| 246 |
governed by the terms of this License, including without limitation |
| 247 |
Section 2.2. The Source Code version of Covered Code may be |
| 248 |
distributed only under the terms of this License or a future version |
| 249 |
of this License released under Section 6.1, and You must include a |
| 250 |
copy of this License with every copy of the Source Code You |
| 251 |
distribute. You may not offer or impose any terms on any Source Code |
| 252 |
version that alters or restricts the applicable version of this |
| 253 |
License or the recipients' rights hereunder. However, You may include |
| 254 |
an additional document offering the additional rights described in |
| 255 |
Section 3.5. |
| 256 |
|
| 257 |
3.2. Availability of Source Code. |
| 258 |
Any Modification which You create or to which You contribute must be |
| 259 |
made available in Source Code form under the terms of this License |
| 260 |
either on the same media as an Executable version or via an accepted |
| 261 |
Electronic Distribution Mechanism to anyone to whom you made an |
| 262 |
Executable version available; and if made available via Electronic |
| 263 |
Distribution Mechanism, must remain available for at least twelve (12) |
| 264 |
months after the date it initially became available, or at least six |
| 265 |
(6) months after a subsequent version of that particular Modification |
| 266 |
has been made available to such recipients. You are responsible for |
| 267 |
ensuring that the Source Code version remains available even if the |
| 268 |
Electronic Distribution Mechanism is maintained by a third party. |
| 269 |
|
| 270 |
3.3. Description of Modifications. |
| 271 |
You must cause all Covered Code to which You contribute to contain a |
| 272 |
file documenting the changes You made to create that Covered Code and |
| 273 |
the date of any change. You must include a prominent statement that |
| 274 |
the Modification is derived, directly or indirectly, from Original |
| 275 |
Code provided by the Initial Developer and including the name of the |
| 276 |
Initial Developer in (a) the Source Code, and (b) in any notice in an |
| 277 |
Executable version or related documentation in which You describe the |
| 278 |
origin or ownership of the Covered Code. |
| 279 |
|
| 280 |
3.4. Intellectual Property Matters |
| 281 |
(a) Third Party Claims. |
| 282 |
If Contributor has knowledge that a license under a third party's |
| 283 |
intellectual property rights is required to exercise the rights |
| 284 |
granted by such Contributor under Sections 2.1 or 2.2, |
| 285 |
Contributor must include a text file with the Source Code |
| 286 |
distribution titled "LEGAL" which describes the claim and the |
| 287 |
party making the claim in sufficient detail that a recipient will |
| 288 |
know whom to contact. If Contributor obtains such knowledge after |
| 289 |
the Modification is made available as described in Section 3.2, |
| 290 |
Contributor shall promptly modify the LEGAL file in all copies |
| 291 |
Contributor makes available thereafter and shall take other steps |
| 292 |
(such as notifying appropriate mailing lists or newsgroups) |
| 293 |
reasonably calculated to inform those who received the Covered |
| 294 |
Code that new knowledge has been obtained. |
| 295 |
|
| 296 |
(b) Contributor APIs. |
| 297 |
If Contributor's Modifications include an application programming |
| 298 |
interface and Contributor has knowledge of patent licenses which |
| 299 |
are reasonably necessary to implement that API, Contributor must |
| 300 |
also include this information in the LEGAL file. |
| 301 |
|
| 302 |
(c) Representations. |
| 303 |
Contributor represents that, except as disclosed pursuant to |
| 304 |
Section 3.4(a) above, Contributor believes that Contributor's |
| 305 |
Modifications are Contributor's original creation(s) and/or |
| 306 |
Contributor has sufficient rights to grant the rights conveyed by |
| 307 |
this License. |
| 308 |
|
| 309 |
3.5. Required Notices. |
| 310 |
You must duplicate the notice in Exhibit A in each file of the Source |
| 311 |
Code. If it is not possible to put such notice in a particular Source |
| 312 |
Code file due to its structure, then You must include such notice in a |
| 313 |
location (such as a relevant directory) where a user would be likely |
| 314 |
to look for such a notice. If You created one or more Modification(s) |
| 315 |
You may add your name as a Contributor to the notice described in |
| 316 |
Exhibit A. You must also duplicate this License in any documentation |
| 317 |
for the Source Code where You describe recipients' rights or ownership |
| 318 |
rights relating to Covered Code. You may choose to offer, and to |
| 319 |
charge a fee for, warranty, support, indemnity or liability |
| 320 |
obligations to one or more recipients of Covered Code. However, You |
| 321 |
may do so only on Your own behalf, and not on behalf of the Initial |
| 322 |
Developer or any Contributor. You must make it absolutely clear than |
| 323 |
any such warranty, support, indemnity or liability obligation is |
| 324 |
offered by You alone, and You hereby agree to indemnify the Initial |
| 325 |
Developer and every Contributor for any liability incurred by the |
| 326 |
Initial Developer or such Contributor as a result of warranty, |
| 327 |
support, indemnity or liability terms You offer. |
| 328 |
|
| 329 |
3.6. Distribution of Executable Versions. |
| 330 |
You may distribute Covered Code in Executable form only if the |
| 331 |
requirements of Section 3.1-3.5 have been met for that Covered Code, |
| 332 |
and if You include a notice stating that the Source Code version of |
| 333 |
the Covered Code is available under the terms of this License, |
| 334 |
including a description of how and where You have fulfilled the |
| 335 |
obligations of Section 3.2. The notice must be conspicuously included |
| 336 |
in any notice in an Executable version, related documentation or |
| 337 |
collateral in which You describe recipients' rights relating to the |
| 338 |
Covered Code. You may distribute the Executable version of Covered |
| 339 |
Code or ownership rights under a license of Your choice, which may |
| 340 |
contain terms different from this License, provided that You are in |
| 341 |
compliance with the terms of this License and that the license for the |
| 342 |
Executable version does not attempt to limit or alter the recipient's |
| 343 |
rights in the Source Code version from the rights set forth in this |
| 344 |
License. If You distribute the Executable version under a different |
| 345 |
license You must make it absolutely clear that any terms which differ |
| 346 |
from this License are offered by You alone, not by the Initial |
| 347 |
Developer or any Contributor. You hereby agree to indemnify the |
| 348 |
Initial Developer and every Contributor for any liability incurred by |
| 349 |
the Initial Developer or such Contributor as a result of any such |
| 350 |
terms You offer. |
| 351 |
|
| 352 |
3.7. Larger Works. |
| 353 |
You may create a Larger Work by combining Covered Code with other code |
| 354 |
not governed by the terms of this License and distribute the Larger |
| 355 |
Work as a single product. In such a case, You must make sure the |
| 356 |
requirements of this License are fulfilled for the Covered Code. |
| 357 |
|
| 358 |
4. Inability to Comply Due to Statute or Regulation. |
| 359 |
|
| 360 |
If it is impossible for You to comply with any of the terms of this |
| 361 |
License with respect to some or all of the Covered Code due to |
| 362 |
statute, judicial order, or regulation then You must: (a) comply with |
| 363 |
the terms of this License to the maximum extent possible; and (b) |
| 364 |
describe the limitations and the code they affect. Such description |
| 365 |
must be included in the LEGAL file described in Section 3.4 and must |
| 366 |
be included with all distributions of the Source Code. Except to the |
| 367 |
extent prohibited by statute or regulation, such description must be |
| 368 |
sufficiently detailed for a recipient of ordinary skill to be able to |
| 369 |
understand it. |
| 370 |
|
| 371 |
5. Application of this License. |
| 372 |
|
| 373 |
This License applies to code to which the Initial Developer has |
| 374 |
attached the notice in Exhibit A and to related Covered Code. |
| 375 |
|
| 376 |
6. Versions of the License. |
| 377 |
|
| 378 |
6.1. New Versions. |
| 379 |
Netscape Communications Corporation ("Netscape") may publish revised |
| 380 |
and/or new versions of the License from time to time. Each version |
| 381 |
will be given a distinguishing version number. |
| 382 |
|
| 383 |
6.2. Effect of New Versions. |
| 384 |
Once Covered Code has been published under a particular version of the |
| 385 |
License, You may always continue to use it under the terms of that |
| 386 |
version. You may also choose to use such Covered Code under the terms |
| 387 |
of any subsequent version of the License published by Netscape. No one |
| 388 |
other than Netscape has the right to modify the terms applicable to |
| 389 |
Covered Code created under this License. |
| 390 |
|
| 391 |
6.3. Derivative Works. |
| 392 |
If You create or use a modified version of this License (which you may |
| 393 |
only do in order to apply it to code which is not already Covered Code |
| 394 |
governed by this License), You must (a) rename Your license so that |
| 395 |
the phrases "Mozilla", "MOZILLAPL", "MOZPL", "Netscape", |
| 396 |
"MPL", "NPL" or any confusingly similar phrase do not appear in your |
| 397 |
license (except to note that your license differs from this License) |
| 398 |
and (b) otherwise make it clear that Your version of the license |
| 399 |
contains terms which differ from the Mozilla Public License and |
| 400 |
Netscape Public License. (Filling in the name of the Initial |
| 401 |
Developer, Original Code or Contributor in the notice described in |
| 402 |
Exhibit A shall not of themselves be deemed to be modifications of |
| 403 |
this License.) |
| 404 |
|
| 405 |
7. DISCLAIMER OF WARRANTY. |
| 406 |
|
| 407 |
COVERED CODE IS PROVIDED UNDER THIS LICENSE ON AN "AS IS" BASIS, |
| 408 |
WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING, |
| 409 |
WITHOUT LIMITATION, WARRANTIES THAT THE COVERED CODE IS FREE OF |
| 410 |
DEFECTS, MERCHANTABLE, FIT FOR A PARTICULAR PURPOSE OR NON-INFRINGING. |
| 411 |
THE ENTIRE RISK AS TO THE QUALITY AND PERFORMANCE OF THE COVERED CODE |
| 412 |
IS WITH YOU. SHOULD ANY COVERED CODE PROVE DEFECTIVE IN ANY RESPECT, |
| 413 |
YOU (NOT THE INITIAL DEVELOPER OR ANY OTHER CONTRIBUTOR) ASSUME THE |
| 414 |
COST OF ANY NECESSARY SERVICING, REPAIR OR CORRECTION. THIS DISCLAIMER |
| 415 |
OF WARRANTY CONSTITUTES AN ESSENTIAL PART OF THIS LICENSE. NO USE OF |
| 416 |
ANY COVERED CODE IS AUTHORIZED HEREUNDER EXCEPT UNDER THIS DISCLAIMER. |
| 417 |
|
| 418 |
8. TERMINATION. |
| 419 |
|
| 420 |
8.1. This License and the rights granted hereunder will terminate |
| 421 |
automatically if You fail to comply with terms herein and fail to cure |
| 422 |
such breach within 30 days of becoming aware of the breach. All |
| 423 |
sublicenses to the Covered Code which are properly granted shall |
| 424 |
survive any termination of this License. Provisions which, by their |
| 425 |
nature, must remain in effect beyond the termination of this License |
| 426 |
shall survive. |
| 427 |
|
| 428 |
8.2. If You initiate litigation by asserting a patent infringement |
| 429 |
claim (excluding declatory judgment actions) against Initial Developer |
| 430 |
or a Contributor (the Initial Developer or Contributor against whom |
| 431 |
You file such action is referred to as "Participant") alleging that: |
| 432 |
|
| 433 |
(a) such Participant's Contributor Version directly or indirectly |
| 434 |
infringes any patent, then any and all rights granted by such |
| 435 |
Participant to You under Sections 2.1 and/or 2.2 of this License |
| 436 |
shall, upon 60 days notice from Participant terminate prospectively, |
| 437 |
unless if within 60 days after receipt of notice You either: (i) |
| 438 |
agree in writing to pay Participant a mutually agreeable reasonable |
| 439 |
royalty for Your past and future use of Modifications made by such |
| 440 |
Participant, or (ii) withdraw Your litigation claim with respect to |
| 441 |
the Contributor Version against such Participant. If within 60 days |
| 442 |
of notice, a reasonable royalty and payment arrangement are not |
| 443 |
mutually agreed upon in writing by the parties or the litigation claim |
| 444 |
is not withdrawn, the rights granted by Participant to You under |
| 445 |
Sections 2.1 and/or 2.2 automatically terminate at the expiration of |
| 446 |
the 60 day notice period specified above. |
| 447 |
|
| 448 |
(b) any software, hardware, or device, other than such Participant's |
| 449 |
Contributor Version, directly or indirectly infringes any patent, then |
| 450 |
any rights granted to You by such Participant under Sections 2.1(b) |
| 451 |
and 2.2(b) are revoked effective as of the date You first made, used, |
| 452 |
sold, distributed, or had made, Modifications made by that |
| 453 |
Participant. |
| 454 |
|
| 455 |
8.3. If You assert a patent infringement claim against Participant |
| 456 |
alleging that such Participant's Contributor Version directly or |
| 457 |
indirectly infringes any patent where such claim is resolved (such as |
| 458 |
by license or settlement) prior to the initiation of patent |
| 459 |
infringement litigation, then the reasonable value of the licenses |
| 460 |
granted by such Participant under Sections 2.1 or 2.2 shall be taken |
| 461 |
into account in determining the amount or value of any payment or |
| 462 |
license. |
| 463 |
|
| 464 |
8.4. In the event of termination under Sections 8.1 or 8.2 above, |
| 465 |
all end user license agreements (excluding distributors and resellers) |
| 466 |
which have been validly granted by You or any distributor hereunder |
| 467 |
prior to termination shall survive termination. |
| 468 |
|
| 469 |
9. LIMITATION OF LIABILITY. |
| 470 |
|
| 471 |
UNDER NO CIRCUMSTANCES AND UNDER NO LEGAL THEORY, WHETHER TORT |
| 472 |
(INCLUDING NEGLIGENCE), CONTRACT, OR OTHERWISE, SHALL YOU, THE INITIAL |
| 473 |
DEVELOPER, ANY OTHER CONTRIBUTOR, OR ANY DISTRIBUTOR OF COVERED CODE, |
| 474 |
OR ANY SUPPLIER OF ANY OF SUCH PARTIES, BE LIABLE TO ANY PERSON FOR |
| 475 |
ANY INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES OF ANY |
| 476 |
CHARACTER INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF GOODWILL, |
| 477 |
WORK STOPPAGE, COMPUTER FAILURE OR MALFUNCTION, OR ANY AND ALL OTHER |
| 478 |
COMMERCIAL DAMAGES OR LOSSES, EVEN IF SUCH PARTY SHALL HAVE BEEN |
| 479 |
INFORMED OF THE POSSIBILITY OF SUCH DAMAGES. THIS LIMITATION OF |
| 480 |
LIABILITY SHALL NOT APPLY TO LIABILITY FOR DEATH OR PERSONAL INJURY |
| 481 |
RESULTING FROM SUCH PARTY'S NEGLIGENCE TO THE EXTENT APPLICABLE LAW |
| 482 |
PROHIBITS SUCH LIMITATION. SOME JURISDICTIONS DO NOT ALLOW THE |
| 483 |
EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO |
| 484 |
THIS EXCLUSION AND LIMITATION MAY NOT APPLY TO YOU. |
| 485 |
|
| 486 |
10. U.S. GOVERNMENT END USERS. |
| 487 |
|
| 488 |
The Covered Code is a "commercial item," as that term is defined in |
| 489 |
48 C.F.R. 2.101 (Oct. 1995), consisting of "commercial computer |
| 490 |
software" and "commercial computer software documentation," as such |
| 491 |
terms are used in 48 C.F.R. 12.212 (Sept. 1995). Consistent with 48 |
| 492 |
C.F.R. 12.212 and 48 C.F.R. 227.7202-1 through 227.7202-4 (June 1995), |
| 493 |
all U.S. Government End Users acquire Covered Code with only those |
| 494 |
rights set forth herein. |
| 495 |
|
| 496 |
11. MISCELLANEOUS. |
| 497 |
|
| 498 |
This License represents the complete agreement concerning subject |
| 499 |
matter hereof. If any provision of this License is held to be |
| 500 |
unenforceable, such provision shall be reformed only to the extent |
| 501 |
necessary to make it enforceable. This License shall be governed by |
| 502 |
California law provisions (except to the extent applicable law, if |
| 503 |
any, provides otherwise), excluding its conflict-of-law provisions. |
| 504 |
With respect to disputes in which at least one party is a citizen of, |
| 505 |
or an entity chartered or registered to do business in the United |
| 506 |
States of America, any litigation relating to this License shall be |
| 507 |
subject to the jurisdiction of the Federal Courts of the Northern |
| 508 |
District of California, with venue lying in Santa Clara County, |
| 509 |
California, with the losing party responsible for costs, including |
| 510 |
without limitation, court costs and reasonable attorneys' fees and |
| 511 |
expenses. The application of the United Nations Convention on |
| 512 |
Contracts for the International Sale of Goods is expressly excluded. |
| 513 |
Any law or regulation which provides that the language of a contract |
| 514 |
shall be construed against the drafter shall not apply to this |
| 515 |
License. |
| 516 |
|
| 517 |
12. RESPONSIBILITY FOR CLAIMS. |
| 518 |
|
| 519 |
As between Initial Developer and the Contributors, each party is |
| 520 |
responsible for claims and damages arising, directly or indirectly, |
| 521 |
out of its utilization of rights under this License and You agree to |
| 522 |
work with Initial Developer and Contributors to distribute such |
| 523 |
responsibility on an equitable basis. Nothing herein is intended or |
| 524 |
shall be deemed to constitute any admission of liability. |
| 525 |
|
| 526 |
13. MULTIPLE-LICENSED CODE. |
| 527 |
|
| 528 |
Initial Developer may designate portions of the Covered Code as |
| 529 |
"Multiple-Licensed". "Multiple-Licensed" means that the Initial |
| 530 |
Developer permits you to utilize portions of the Covered Code under |
| 531 |
Your choice of the NPL or the alternative licenses, if any, specified |
| 532 |
by the Initial Developer in the file described in Exhibit A. |
| 533 |
|
| 534 |
EXHIBIT A -Mozilla Public License. |
| 535 |
|
| 536 |
``The contents of this file are subject to the Mozilla Public License |
| 537 |
Version 1.1 (the "License"); you may not use this file except in |
| 538 |
compliance with the License. You may obtain a copy of the License at |
| 539 |
http://www.mozilla.org/MPL/ |
| 540 |
|
| 541 |
Software distributed under the License is distributed on an "AS IS" |
| 542 |
basis, WITHOUT WARRANTY OF ANY KIND, either express or implied. See the |
| 543 |
License for the specific language governing rights and limitations |
| 544 |
under the License. |
| 545 |
|
| 546 |
The Original Code is ______________________________________. |
| 547 |
|
| 548 |
The Initial Developer of the Original Code is ________________________. |
| 549 |
Portions created by ______________________ are Copyright (C) ______ |
| 550 |
_______________________. All Rights Reserved. |
| 551 |
|
| 552 |
Contributor(s): ______________________________________. |
| 553 |
|
| 554 |
Alternatively, the contents of this file may be used under the terms |
| 555 |
of the _____ license (the "[___] License"), in which case the |
| 556 |
provisions of [______] License are applicable instead of those |
| 557 |
above. If you wish to allow use of your version of this file only |
| 558 |
under the terms of the [____] License and not to allow others to use |
| 559 |
your version of this file under the MPL, indicate your decision by |
| 560 |
deleting the provisions above and replace them with the notice and |
| 561 |
other provisions required by the [___] License. If you do not delete |
| 562 |
the provisions above, a recipient may use your version of this file |
| 563 |
under either the MPL or the [___] License." |
| 564 |
|
| 565 |
[NOTE: The text of this Exhibit A may differ slightly from the text of |
| 566 |
the notices in the Source Code files of the Original Code. You should |
| 567 |
use the text of this Exhibit A rather than the text found in the |
| 568 |
Original Code Source Code for Your Modifications.] |
