8 1.0.1. "Commercial Use" means distribution or otherwise making the
9 Covered Code available to a third party.
11 1.1. "Contributor" means each entity that creates or contributes to
12 the creation of Modifications.
14 1.2. "Contributor Version" means the combination of the Original
15 Code, prior Modifications used by a Contributor, and the Modifications
16 made by that particular Contributor.
18 1.3. "Covered Code" means the Original Code or Modifications or the
19 combination of the Original Code and Modifications, in each case
20 including portions thereof.
22 1.4. "Electronic Distribution Mechanism" means a mechanism generally
23 accepted in the software development community for the electronic
26 1.5. "Executable" means Covered Code in any form other than Source
29 1.6. "Initial Developer" means the individual or entity identified
30 as the Initial Developer in the Source Code notice required by Exhibit
33 1.7. "Larger Work" means a work which combines Covered Code or
34 portions thereof with code not governed by the terms of this License.
36 1.8. "License" means this document.
38 1.8.1. "Licensable" means having the right to grant, to the maximum
39 extent possible, whether at the time of the initial grant or
40 subsequently acquired, any and all of the rights conveyed herein.
42 1.9. "Modifications" means any addition to or deletion from the
43 substance or structure of either the Original Code or any previous
44 Modifications. When Covered Code is released as a series of files, a
46 A. Any addition to or deletion from the contents of a file
47 containing Original Code or previous Modifications.
49 B. Any new file that contains any part of the Original Code or
50 previous Modifications.
52 1.10. "Original Code" means Source Code of computer software code
53 which is described in the Source Code notice required by Exhibit A as
54 Original Code, and which, at the time of its release under this
55 License is not already Covered Code governed by this License.
57 1.10.1. "Patent Claims" means any patent claim(s), now owned or
58 hereafter acquired, including without limitation, method, process,
59 and apparatus claims, in any patent Licensable by grantor.
61 1.11. "Source Code" means the preferred form of the Covered Code for
62 making modifications to it, including all modules it contains, plus
63 any associated interface definition files, scripts used to control
64 compilation and installation of an Executable, or source code
65 differential comparisons against either the Original Code or another
66 well known, available Covered Code of the Contributor's choice. The
67 Source Code can be in a compressed or archival form, provided the
68 appropriate decompression or de-archiving software is widely available
71 1.12. "You" (or "Your") means an individual or a legal entity
72 exercising rights under, and complying with all of the terms of, this
73 License or a future version of this License issued under Section 6.1.
74 For legal entities, "You" includes any entity which controls, is
75 controlled by, or is under common control with You. For purposes of
76 this definition, "control" means (a) the power, direct or indirect,
77 to cause the direction or management of such entity, whether by
78 contract or otherwise, or (b) ownership of more than fifty percent
79 (50%) of the outstanding shares or beneficial ownership of such
82 2. Source Code License.
84 2.1. The Initial Developer Grant.
85 The Initial Developer hereby grants You a world-wide, royalty-free,
86 non-exclusive license, subject to third party intellectual property
88 (a) under intellectual property rights (other than patent or
89 trademark) Licensable by Initial Developer to use, reproduce,
90 modify, display, perform, sublicense and distribute the Original
91 Code (or portions thereof) with or without Modifications, and/or
92 as part of a Larger Work; and
94 (b) under Patents Claims infringed by the making, using or
95 selling of Original Code, to make, have made, use, practice,
96 sell, and offer for sale, and/or otherwise dispose of the
97 Original Code (or portions thereof).
99 (c) the licenses granted in this Section 2.1(a) and (b) are
100 effective on the date Initial Developer first distributes
101 Original Code under the terms of this License.
103 (d) Notwithstanding Section 2.1(b) above, no patent license is
104 granted: 1) for code that You delete from the Original Code; 2)
105 separate from the Original Code; or 3) for infringements caused
106 by: i) the modification of the Original Code or ii) the
107 combination of the Original Code with other software or devices.
109 2.2. Contributor Grant.
110 Subject to third party intellectual property claims, each Contributor
111 hereby grants You a world-wide, royalty-free, non-exclusive license
113 (a) under intellectual property rights (other than patent or
114 trademark) Licensable by Contributor, to use, reproduce, modify,
115 display, perform, sublicense and distribute the Modifications
116 created by such Contributor (or portions thereof) either on an
117 unmodified basis, with other Modifications, as Covered Code
118 and/or as part of a Larger Work; and
120 (b) under Patent Claims infringed by the making, using, or
121 selling of Modifications made by that Contributor either alone
122 and/or in combination with its Contributor Version (or portions
123 of such combination), to make, use, sell, offer for sale, have
124 made, and/or otherwise dispose of: 1) Modifications made by that
125 Contributor (or portions thereof); and 2) the combination of
126 Modifications made by that Contributor with its Contributor
127 Version (or portions of such combination).
129 (c) the licenses granted in Sections 2.2(a) and 2.2(b) are
130 effective on the date Contributor first makes Commercial Use of
133 (d) Notwithstanding Section 2.2(b) above, no patent license is
134 granted: 1) for any code that Contributor has deleted from the
135 Contributor Version; 2) separate from the Contributor Version;
136 3) for infringements caused by: i) third party modifications of
137 Contributor Version or ii) the combination of Modifications made
138 by that Contributor with other software (except as part of the
139 Contributor Version) or other devices; or 4) under Patent Claims
140 infringed by Covered Code in the absence of Modifications made by
143 3. Distribution Obligations.
145 3.1. Application of License.
146 The Modifications which You create or to which You contribute are
147 governed by the terms of this License, including without limitation
148 Section 2.2. The Source Code version of Covered Code may be
149 distributed only under the terms of this License or a future version
150 of this License released under Section 6.1, and You must include a
151 copy of this License with every copy of the Source Code You
152 distribute. You may not offer or impose any terms on any Source Code
153 version that alters or restricts the applicable version of this
154 License or the recipients' rights hereunder. However, You may include
155 an additional document offering the additional rights described in
158 3.2. Availability of Source Code.
159 Any Modification which You create or to which You contribute must be
160 made available in Source Code form under the terms of this License
161 either on the same media as an Executable version or via an accepted
162 Electronic Distribution Mechanism to anyone to whom you made an
163 Executable version available; and if made available via Electronic
164 Distribution Mechanism, must remain available for at least twelve (12)
165 months after the date it initially became available, or at least six
166 (6) months after a subsequent version of that particular Modification
167 has been made available to such recipients. You are responsible for
168 ensuring that the Source Code version remains available even if the
169 Electronic Distribution Mechanism is maintained by a third party.
171 3.3. Description of Modifications.
172 You must cause all Covered Code to which You contribute to contain a
173 file documenting the changes You made to create that Covered Code and
174 the date of any change. You must include a prominent statement that
175 the Modification is derived, directly or indirectly, from Original
176 Code provided by the Initial Developer and including the name of the
177 Initial Developer in (a) the Source Code, and (b) in any notice in an
178 Executable version or related documentation in which You describe the
179 origin or ownership of the Covered Code.
181 3.4. Intellectual Property Matters
182 (a) Third Party Claims.
183 If Contributor has knowledge that a license under a third party's
184 intellectual property rights is required to exercise the rights
185 granted by such Contributor under Sections 2.1 or 2.2,
186 Contributor must include a text file with the Source Code
187 distribution titled "LEGAL" which describes the claim and the
188 party making the claim in sufficient detail that a recipient will
189 know whom to contact. If Contributor obtains such knowledge after
190 the Modification is made available as described in Section 3.2,
191 Contributor shall promptly modify the LEGAL file in all copies
192 Contributor makes available thereafter and shall take other steps
193 (such as notifying appropriate mailing lists or newsgroups)
194 reasonably calculated to inform those who received the Covered
195 Code that new knowledge has been obtained.
197 (b) Contributor APIs.
198 If Contributor's Modifications include an application programming
199 interface and Contributor has knowledge of patent licenses which
200 are reasonably necessary to implement that API, Contributor must
201 also include this information in the LEGAL file.
204 Contributor represents that, except as disclosed pursuant to
205 Section 3.4(a) above, Contributor believes that Contributor's
206 Modifications are Contributor's original creation(s) and/or
207 Contributor has sufficient rights to grant the rights conveyed by
210 3.5. Required Notices.
211 You must duplicate the notice in Exhibit A in each file of the Source
212 Code. If it is not possible to put such notice in a particular Source
213 Code file due to its structure, then You must include such notice in a
214 location (such as a relevant directory) where a user would be likely
215 to look for such a notice. If You created one or more Modification(s)
216 You may add your name as a Contributor to the notice described in
217 Exhibit A. You must also duplicate this License in any documentation
218 for the Source Code where You describe recipients' rights or ownership
219 rights relating to Covered Code. You may choose to offer, and to
220 charge a fee for, warranty, support, indemnity or liability
221 obligations to one or more recipients of Covered Code. However, You
222 may do so only on Your own behalf, and not on behalf of the Initial
223 Developer or any Contributor. You must make it absolutely clear than
224 any such warranty, support, indemnity or liability obligation is
225 offered by You alone, and You hereby agree to indemnify the Initial
226 Developer and every Contributor for any liability incurred by the
227 Initial Developer or such Contributor as a result of warranty,
228 support, indemnity or liability terms You offer.
230 3.6. Distribution of Executable Versions.
231 You may distribute Covered Code in Executable form only if the
232 requirements of Section 3.1-3.5 have been met for that Covered Code,
233 and if You include a notice stating that the Source Code version of
234 the Covered Code is available under the terms of this License,
235 including a description of how and where You have fulfilled the
236 obligations of Section 3.2. The notice must be conspicuously included
237 in any notice in an Executable version, related documentation or
238 collateral in which You describe recipients' rights relating to the
239 Covered Code. You may distribute the Executable version of Covered
240 Code or ownership rights under a license of Your choice, which may
241 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
243 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
246 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
254 You may create a Larger Work by combining Covered Code with other code
255 not governed by the terms of this License and distribute the Larger
256 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.
259 4. Inability to Comply Due to Statute or Regulation.
261 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
272 5. Application of this License.
274 This License applies to code to which the Initial Developer has
275 attached the notice in Exhibit A and to related Covered Code.
277 6. Versions of the License.
280 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.
284 6.2. Effect of New Versions.
285 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
290 Covered Code created under this License.
292 6.3. Derivative Works.
293 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
306 7. DISCLAIMER OF WARRANTY.
308 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.
312 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
317 ANY COVERED CODE IS AUTHORIZED HEREUNDER EXCEPT UNDER THIS DISCLAIMER.
321 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
329 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:
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.
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
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
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.
370 9. LIMITATION OF LIABILITY.
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.
387 10. U.S. GOVERNMENT END USERS.
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.
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
418 12. RESPONSIBILITY FOR CLAIMS.
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.
427 13. MULTIPLE-LICENSED CODE.
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.
435 EXHIBIT A -Mozilla Public License.
437 ``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/
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
447 The Original Code is ______________________________________.
449 The Initial Developer of the Original Code is ________________________.
450 Portions created by ______________________ are Copyright (C) ______
451 _______________________. All Rights Reserved.
453 Contributor(s): ______________________________________.
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."
466 [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.]
projects / rateit.git / blob