| NETSCAPE PUBLIC LICENSE
Version 1.0 |
| |
| 1. Definitions. |
| |
| 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 byExhibit 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. |
| |
| 1.9. ``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 byExhibit A as Original |
| Code, and which, at the time of its release under this License is not already |
| Covered Code governed by this License. |
| |
| 1.11. ``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 a list of 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'' 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 fifty percent (50%) or more 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) to use, reproduce, modify, display, perform, sublicense and distribute the |
| Original Code (or portions thereof) with or without Modifications, or as part |
| of a Larger Work; and
(b) under patents now or hereafter owned or controlled |
| by Initial Developer, to make, have made, use and sell (``Utilize'') |
| the Original Code (or portions thereof), but solely to the extent that any |
| such patent is reasonably necessary to enable You to Utilize the Original Code |
| (or portions thereof) and not to any greater extent that may be necessary to |
| Utilize further Modifications or combinations. |
| |
| 2.2. Contributor Grant.
Each Contributor hereby grants You a world-wide, |
| royalty-free, non-exclusive license, subject to third party intellectual |
| property claims: |
| |
| (a) 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 or as part of a |
| Larger Work; and
(b) under patents now or hereafter owned or controlled by |
| Contributor, to Utilize the Contributor Version (or portions thereof), but |
| solely to the extent that any such patent is reasonably necessary to enable |
| You to Utilize the Contributor Version (or portions thereof), and not to any |
| greater extent that may be necessary to Utilize further Modifications or |
| combinations. |
| |
| 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 You have knowledge that a party claims an |
| intellectual property right in particular functionality or code (or its |
| utilization under this License), you 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 you obtain such knowledge after You make Your Modification |
| available as described in Section 3.2, You shall promptly modify the LEGAL |
| file in all copies You make 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 Your Modification is an application programming |
| interface and You own or control patents which are reasonably necessary to |
| implement that API, you must also include this information in the LEGAL file. |
| |
| 3.5. Required Notices. You must duplicate the notice in Exhibit A in each file |
| of the Source Code, and this License in any documentation for the Source Code, |
| where You describe recipients' rights relating to Covered Code. If You |
| created one or more Modification(s), You may add your name as a Contributor to |
| the notice described in Exhibit A. 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 file) where a user would be |
| likely to look for such a notice. 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 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 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'', ``NPL'' or any |
| confusingly similar phrase do not appear anywhere in your 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. |
| |
| 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. |
| |
| 9. LIMITATION OF LIABILITY. |
| |
| UNDER NO CIRCUMSTANCES AND UNDER NO LEGAL THEORY, WHETHER TORT (INCLUDING |
| NEGLIGENCE), CONTRACT, OR OTHERWISE, SHALL THE INITIAL DEVELOPER, ANY OTHER |
| CONTRIBUTOR, OR ANY DISTRIBUTOR OF COVERED CODE, OR ANY SUPPLIER OF ANY OF |
| SUCH PARTIES, BE LIABLE TO YOU OR ANY OTHER 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 THAT 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: (a) unless otherwise agreed in writing, all |
| disputes relating to this License (excepting any dispute relating to |
| intellectual property rights) shall be subject to final and binding |
| arbitration, with the losing party paying all costs of arbitration; (b) any |
| arbitration relating to this Agreement shall be held in Santa Clara County, |
| California, under the auspices of JAMS/EndDispute; and (c) any litigation |
| relating to this Agreement 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. |
| |
| Except in cases where another Contributor has failed to comply with Section |
| 3.4, You are responsible for damages arising, directly or indirectly, out of |
| Your utilization of rights under this License, based on the number of copies |
| of Covered Code you made available, the revenues you received from utilizing |
| such rights, and other relevant factors. You agree to work with affected |
| parties to distribute responsibility on an equitable basis. |
| |
| AMENDMENTS |
| |
| Additional Terms applicable to the Netscape Public License. |
| |
| I. Effect.
These additional terms described in this Netscape Public License |
| -- Amendments shall apply to the Mozilla Communicator client code and to all |
| Covered Code under this License. |
| |
| II. ``Netscape's Branded Code'' means Covered Code that |
| Netscape distributes and/or permits others to distribute under one or more |
| trademark(s) which are controlled by Netscape but which are not licensed for |
| use under this License. |
| |
| III. Netscape and logo.
This License does not grant any rights to use the |
| trademark ``Netscape'', the ``Netscape N and horizon'' |
| logo or the Netscape lighthouse logo, even if such marks are included in the |
| Original Code. |
| |
| IV. Inability to Comply Due to Contractual Obligation.
Prior to licensing |
| the Original Code under this License, Netscape has licensed third party code |
| for use in Netscape's Branded Code. To the extent that Netscape is |
| limited contractually from making such third party code available under this |
| License, Netscape may choose to reintegrate such code into Covered Code |
| without being required to distribute such code in |
| |
| Source Code form, even if such code would otherwise be considered |
| ``Modifications'' under this License. |
| |
| V. Use of Modifications and Covered Code by Initial Developer. |
| |
| V.1. In General. The obligations of Section 3 apply to Netscape, except to the |
| extent specified in this Amendment, Section V.2 and V.3.
V.2. Other Products. |
| Netscape may include Covered Code in products other than the Netscape's |
| Branded Code which are released by Netscape during the two (2) years following |
| the release date of the Original Code, without such additional products |
| becoming subject to the terms of this License, and may license such additional |
| products on different terms from those contained in this License.
V.3. |
| Alternative Licensing. Netscape may license the Source Code of Netscape's |
| Branded Code, including Modifications incorporated therein, without such |
| additional products becoming subject to the terms of this License, and may |
| license such additional products on different terms from those contained in |
| this License. |
| |
| VI. Arbitration and Litigation.
Notwithstanding the limitations of Section |
| 11 above, the provisions regarding arbitration and litigation in Section |
| 11(a), (b) and (c) of the License shall apply to all disputes relating to this |
| License. |
| |
| EXHIBIT A. |
| |
| “The contents of this file are subject to the Netscape Public License Version |
| 1.0 (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/NPL/ |
| |
| 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 Mozilla Communicator client code, released March 31, |
| 1998. |
| |
| The Initial Developer of the Original Code is Netscape Communications |
| Corporation. Portions created by Netscape are Copyright (C) 1998 Netscape |
| Communications Corporation. All Rights Reserved. |
| |
| Contributor(s): ______________________________________.”
[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. This is due to time constraints encountered |
| in simultaneously finalizing the License and in preparing the Original Code |
| for release. You should use the text of this Exhibit A rather than the text |
| found in the Original Code Source Code for Your Modifications.] |
| |