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603 lines
30 KiB
Plaintext
603 lines
30 KiB
Plaintext
MOZILLA PUBLIC LICENSE
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Version 1.1
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---------
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1. Definitions.
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1.0.1. "Commercial Use" means distribution or otherwise making
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the Covered Code available to a third party.
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1.1. ''Contributor'' means each entity that creates or
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contributes to the creation of Modifications.
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1.2. ''Contributor Version'' means the combination of the
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Original Code, prior Modifications used by a Contributor, and the
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Modifications made by that particular Contributor.
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1.3. ''Covered Code'' means the Original Code or Modifications or
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the combination
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of the Original Code and Modifications, in each case including
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portions thereof.
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1.4. ''Electronic Distribution Mechanism'' means a mechanism
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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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1.5. ''Executable'' means Covered Code in any form other than
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Source Code.
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1.6. ''Initial Developer'' means the individual or entity
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identified as the Initial Developer in the Source Code
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notice required by Exhibit A.
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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
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License.
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1.8. ''License'' means this document.
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1.8.1. "Licensable" means having the right to grant, to the
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maximum extent possible, whether at the time of the initial grant
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or subsequently acquired, any and all of the rights conveyed
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herein.
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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
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previous Modifications. When Covered Code is released as a series
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of files, a Modification is: A. Any addition to or deletion from
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the contents of a file containing Original Code or previous
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Modifications.
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B. Any new file that contains any part of the Original Code
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or previous Modifications.
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1.10. ''Original Code'' means Source Code of computer software
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code which is described in the Source Code notice required by
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Exhibit A as Original Code, and which, at the time of its release
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under this License is not already Covered Code governed by this
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License.
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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,
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process, and apparatus claims, in any patent Licensable by
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grantor.
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1.11. ''Source Code'' means the preferred form of the Covered
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Code for making modifications to it, including all modules it
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contains, plus any associated interface definition files, scripts
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used to control compilation and installation of an Executable, or
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source code differential comparisons against either the Original
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Code or another well known, available Covered Code of the
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Contributor's choice. The Source Code can be in a compressed or
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archival form, provided the appropriate decompression or
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de-archiving software is widely available for no charge.
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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,
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this License or a future version of this License issued under
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Section 6.1. For legal entities, "You'' includes any entity which
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controls, is controlled by, or is under common control with
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You. For purposes of this definition, "control'' means (a) the
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power, direct or indirect, to cause the direction or management
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of such entity, whether by contract or otherwise, or (b)
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ownership of more than fifty percent (50%) of the outstanding
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shares or beneficial ownership of such entity.
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2. Source Code License.
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2.1. The Initial Developer Grant. The Initial Developer hereby
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grants You a world-wide, royalty-free, non-exclusive license,
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subject to third party intellectual property claims: (a) under
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intellectual property rights (other than patent or trademark)
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Licensable by Initial Developer to use, reproduce, modify,
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display, perform, sublicense and distribute the Original Code (or
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portions thereof) with or without Modifications, and/or as part
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of a Larger Work; and
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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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(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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(d) Notwithstanding Section 2.1(b) above, no patent license
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is granted: 1) for code that You delete from the Original
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Code; 2) separate from the Original Code; or 3) for
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infringements caused by: i) the modification of the Original
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Code or ii) the combination of the Original Code with other
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software or devices.
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2.2. Contributor Grant. Subject to third party intellectual
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property claims, each Contributor hereby grants You a world-wide,
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royalty-free, non-exclusive license
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(a) under intellectual property rights (other than patent or
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trademark) Licensable by Contributor, to use, reproduce,
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modify, display, perform, sublicense and distribute the
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Modifications created by such Contributor (or portions
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thereof) either on an unmodified basis, with other
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Modifications, as Covered Code and/or as part of a Larger
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Work; and
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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
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alone and/or in combination with its Contributor Version (or
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portions of such combination), to make, use, sell, offer for
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sale, have made, and/or otherwise dispose of: 1)
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Modifications made by that Contributor (or portions
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thereof); and 2) the combination of Modifications made by
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that Contributor with its Contributor Version (or portions
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of such combination).
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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
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of the Covered Code.
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(d) Notwithstanding Section 2.2(b) above, no patent license
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is granted: 1) for any code that Contributor has deleted from the
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Contributor Version; 2) separate from the Contributor Version; 3) for
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infringements caused by: i) third party modifications of Contributor
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Version or ii) the combination of Modifications made by that
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Contributor with other software (except as part of the Contributor
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Version) or other devices; or 4) under Patent Claims infringed by
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Covered Code in the absence of Modifications made by that Contributor.
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3. Distribution Obligations.
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3.1. Application of License. The Modifications which You create
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or to which You contribute are governed by the terms of this
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License, including without limitation Section 2.2. The Source
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Code version of Covered Code may be distributed only under the
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terms of this License or a future version of this License
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released under Section 6.1, and You must include a copy of this
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License with every copy of the Source Code You distribute. You
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may not offer or impose any terms on any Source Code version that
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alters or restricts the applicable version of this License or the
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recipients' rights hereunder. However, You may include an
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additional document offering the additional rights described in
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Section 3.5.
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3.2. Availability of Source Code. Any Modification which You
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create or to which You contribute must be made available in
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Source Code form under the terms of this License either on the
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same media as an Executable version or via an accepted Electronic
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Distribution Mechanism to anyone to whom you made an Executable
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version available; and if made available via Electronic
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Distribution Mechanism, must remain available for at least twelve
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(12) months after the date it initially became available, or at
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least six (6) months after a subsequent version of that
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particular Modification has been made available to such
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recipients. You are responsible for ensuring that the Source Code
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version remains available even if the Electronic Distribution
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Mechanism is maintained by a third party.
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3.3. Description of Modifications. You must cause all Covered
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Code to which You contribute to contain a file documenting the
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changes You made to create that Covered Code and the date of any
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change. You must include a prominent statement that the
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Modification is derived, directly or indirectly, from Original
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Code provided by the Initial Developer and including the name of
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the Initial Developer in (a) the Source Code, and (b) in any
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notice in an Executable version or related documentation in which
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You describe the origin or ownership of the Covered Code.
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3.4. Intellectual Property Matters (a) Third Party Claims. If
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Contributor has knowledge that a license under a third
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party's intellectual property rights is required to exercise
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the rights granted by such Contributor under Sections 2.1 or
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2.2, Contributor must include a text file with the Source
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Code distribution titled "LEGAL'' which describes the claim
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and the party making the claim in sufficient detail that a
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recipient will know whom to contact. If Contributor obtains
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such knowledge after the Modification is made available as
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described in Section 3.2, Contributor shall promptly modify
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the LEGAL file in all copies Contributor makes available
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thereafter and shall take other steps (such as notifying
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appropriate mailing lists or newsgroups) reasonably
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calculated to inform those who received the Covered Code
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that new knowledge has been obtained.
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(b) Contributor APIs. If Contributor's Modifications
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include an application programming interface and Contributor
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has knowledge of patent licenses which are reasonably
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necessary to implement that API, Contributor must also
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include this information in the LEGAL file.
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(c) Representations. Contributor represents that,
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except as disclosed pursuant to Section 3.4(a) above,
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Contributor believes that Contributor's Modifications are
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Contributor's original creation(s) and/or Contributor has
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sufficient rights to grant the rights conveyed by this
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License.
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3.5. Required Notices. You must duplicate the notice in Exhibit
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A in each file of the Source Code. If it is not possible to put
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such notice in a particular Source Code file due to its
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structure, then You must include such notice in a location (such
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as a relevant directory) where a user would be likely to look for
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such a notice. If You created one or more Modification(s) You
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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
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documentation for the Source Code where You describe recipients'
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rights or ownership rights relating to Covered Code. You may
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choose to offer, and to charge a fee for, warranty, support,
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indemnity or liability obligations to one or more recipients of
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Covered Code. However, You may do so only on Your own behalf,
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and not on behalf of the Initial Developer or any
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Contributor. You must make it absolutely clear than any such
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warranty, support, indemnity or liability obligation is offered
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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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3.6. Distribution of Executable Versions. You may distribute
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Covered Code in Executable form only if the requirements of
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Section 3.1-3.5 have been met for that Covered Code, and if You
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include a notice stating that the Source Code version of the
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Covered Code is available under the terms of this License,
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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
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included in any notice in an Executable version, related
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documentation or collateral in which You describe recipients'
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rights relating to the Covered Code. You may distribute the
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Executable version of Covered Code or ownership rights under a
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license of Your choice, which may contain terms different from
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this License, provided that You are in compliance with the terms
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of this License and that the license for the Executable version
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does not attempt to limit or alter the recipient's rights in the
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Source Code version from the rights set forth in this License. If
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You distribute the Executable version under a different license
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You must make it absolutely clear that any terms which differ
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from this License are offered by You alone, not by the Initial
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Developer or any Contributor. You hereby agree to indemnify the
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Initial Developer and every Contributor for any liability
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incurred by the Initial Developer or such Contributor as a result
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of any such terms You offer.
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3.7. Larger Works. You may create a Larger Work by combining
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Covered Code with other code not governed by the terms of this
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License and distribute the Larger Work as a single product. In
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such a case, You must make sure the requirements of this License
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are fulfilled for the Covered Code.
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4. Inability to Comply Due to Statute or Regulation.
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If it is impossible for You to comply with any of the terms of
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this License with respect to some or all of the Covered Code due
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to statute, judicial order, or regulation then You must: (a)
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comply with the terms of this License to the maximum extent
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possible; and (b) describe the limitations and the code they
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affect. Such description must be included in the LEGAL file
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described in Section 3.4 and must be included with all
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distributions of the Source Code. Except to the extent
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prohibited by statute or regulation, such description must be
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sufficiently detailed for a recipient of ordinary skill to be
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able to understand it.
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5. Application of this License.
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This License applies to code to which the Initial Developer has
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attached the notice in Exhibit A and to related Covered Code.
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6. Versions of the License.
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6.1. New Versions. Netscape Communications Corporation
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(''Netscape'') may publish revised and/or new versions of the
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License from time to time. Each version will be given a
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distinguishing version number.
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6.2. Effect of New Versions. Once Covered Code has been
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published under a particular version of the License, You may
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always continue to use it under the terms of that version. You
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may also choose to use such Covered Code under the terms of any
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subsequent version of the License published by Netscape. No one
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other than Netscape has the right to modify the terms applicable
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to Covered Code created under this License.
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6.3. Derivative Works. If You create or use a modified version
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of this License (which you may only do in order to apply it to
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code which is not already Covered Code governed by this License),
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You must (a) rename Your license so that the phrases ''Mozilla'',
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''MOZILLAPL'', ''MOZPL'', ''Netscape'', "MPL", ''NPL'' or any
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confusingly similar phrase do not appear in your license (except
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to note that your license differs from this License) and (b)
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otherwise make it clear that Your version of the license contains
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terms which differ from the Mozilla Public License and Netscape
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Public License. (Filling in the name of the Initial Developer,
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Original Code or Contributor in the notice described in Exhibit A
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shall not of themselves be deemed to be modifications of this
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License.)
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7. DISCLAIMER OF WARRANTY.
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COVERED CODE IS PROVIDED UNDER THIS LICENSE ON AN "AS IS'' BASIS,
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WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESSED OR IMPLIED,
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INCLUDING, WITHOUT LIMITATION, WARRANTIES THAT THE COVERED CODE
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IS FREE OF DEFECTS, MERCHANTABLE, FIT FOR A PARTICULAR PURPOSE OR
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NON-INFRINGING. THE ENTIRE RISK AS TO THE QUALITY AND PERFORMANCE
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OF THE COVERED CODE IS WITH YOU. SHOULD ANY COVERED CODE PROVE
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DEFECTIVE IN ANY RESPECT, YOU (NOT THE INITIAL DEVELOPER OR ANY
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OTHER CONTRIBUTOR) ASSUME THE COST OF ANY NECESSARY SERVICING,
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REPAIR OR CORRECTION. THIS DISCLAIMER OF WARRANTY CONSTITUTES AN
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ESSENTIAL PART OF THIS LICENSE. NO USE OF ANY COVERED CODE IS
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AUTHORIZED HEREUNDER EXCEPT UNDER THIS DISCLAIMER.
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8. TERMINATION.
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8.1. This License and the rights granted hereunder will
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terminate automatically if You fail to comply with terms herein
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and fail to cure such breach within 30 days of becoming aware of
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the breach. All sublicenses to the Covered Code which are
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properly granted shall survive any termination of this
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License. Provisions which, by their nature, must remain in effect
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beyond the termination of this License shall survive.
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8.2. If You initiate litigation by asserting a patent
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infringement claim (excluding declatory judgment actions) against
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Initial Developer or a Contributor (the Initial Developer or
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Contributor against whom You file such action is referred to as
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"Participant") alleging that:
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(a) such Participant's Contributor Version directly or indirectly
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infringes any patent, then any and all rights granted by such
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Participant to You under Sections 2.1 and/or 2.2 of this License
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shall, upon 60 days notice from Participant terminate
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prospectively, unless if within 60 days after receipt of notice
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You either: (i) agree in writing to pay Participant a mutually
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agreeable reasonable royalty for Your past and future use of
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Modifications made by such Participant, or (ii) withdraw Your
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litigation claim with respect to the Contributor Version against
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such Participant. If within 60 days of notice, a reasonable
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royalty and payment arrangement are not mutually agreed upon in
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writing by the parties or the litigation claim is not withdrawn,
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the rights granted by Participant to You under Sections 2.1
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and/or 2.2 automatically terminate at the expiration of the 60
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day notice period specified above.
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(b) any software, hardware, or device, other than such
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Participant's Contributor Version, directly or indirectly
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infringes any patent, then any rights granted to You by such
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Participant under Sections 2.1(b) and 2.2(b) are revoked
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effective as of the date You first made, used, sold, distributed,
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or had made, Modifications made by that Participant.
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8.3. If You assert a patent infringement claim against
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Participant alleging that such Participant's Contributor Version
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directly or indirectly infringes any patent where such claim is
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resolved (such as by license or settlement) prior to the
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initiation of patent infringement litigation, then the reasonable
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value of the licenses granted by such Participant under Sections
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2.1 or 2.2 shall be taken into account in determining the amount
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or value of any payment or license.
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8.4. In the event of termination under Sections 8.1 or 8.2
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above, all end user license agreements (excluding distributors
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and resellers) which have been validly granted by You or any
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distributor hereunder prior to termination shall survive
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termination.
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9. LIMITATION OF LIABILITY.
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UNDER NO CIRCUMSTANCES AND UNDER NO LEGAL THEORY, WHETHER TORT
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(INCLUDING NEGLIGENCE), CONTRACT, OR OTHERWISE, SHALL YOU, THE
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INITIAL DEVELOPER, ANY OTHER CONTRIBUTOR, OR ANY DISTRIBUTOR OF
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COVERED CODE, OR ANY SUPPLIER OF ANY OF SUCH PARTIES, BE LIABLE
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TO ANY PERSON FOR ANY INDIRECT, SPECIAL, INCIDENTAL, OR
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CONSEQUENTIAL DAMAGES OF ANY CHARACTER INCLUDING, WITHOUT
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LIMITATION, DAMAGES FOR LOSS OF GOODWILL, WORK STOPPAGE, COMPUTER
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FAILURE OR MALFUNCTION, OR ANY AND ALL OTHER COMMERCIAL DAMAGES
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OR LOSSES, EVEN IF SUCH PARTY SHALL HAVE BEEN INFORMED OF THE
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POSSIBILITY OF SUCH DAMAGES. THIS LIMITATION OF LIABILITY SHALL
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NOT APPLY TO LIABILITY FOR DEATH OR PERSONAL INJURY RESULTING
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FROM SUCH PARTY'S NEGLIGENCE TO THE EXTENT APPLICABLE LAW
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PROHIBITS SUCH LIMITATION. SOME JURISDICTIONS DO NOT ALLOW THE
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EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES,
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SO THIS EXCLUSION AND LIMITATION MAY NOT APPLY TO YOU.
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10. U.S. GOVERNMENT END USERS.
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The Covered Code is a ''commercial item,'' as that term is
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defined in 48 C.F.R. 2.101 (Oct. 1995), consisting of
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''commercial computer software'' and ''commercial computer
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software documentation,'' as such terms are used in 48
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C.F.R. 12.212 (Sept. 1995). Consistent with 48 C.F.R. 12.212 and
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48 C.F.R. 227.7202-1 through 227.7202-4 (June 1995), all
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U.S. Government End Users acquire Covered Code with only those
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rights set forth herein.
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11. MISCELLANEOUS.
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This License represents the complete agreement concerning subject
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matter hereof. If any provision of this License is held to be
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unenforceable, such provision shall be reformed only to the
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extent necessary to make it enforceable. This License shall be
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governed by California law provisions (except to the extent
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applicable law, if any, provides otherwise), excluding its
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conflict-of-law provisions. With respect to disputes in which at
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least one party is a citizen of, or an entity chartered or
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registered to do business in the United States of America, any
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litigation relating to this License shall be subject to the
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jurisdiction of the Federal Courts of the Northern District of
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California, with venue lying in Santa Clara County, California,
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with the losing party responsible for costs, including without
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limitation, court costs and reasonable attorneys' fees and
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expenses. The application of the United Nations Convention on
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Contracts for the International Sale of Goods is expressly
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excluded. Any law or regulation which provides that the language
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of a contract shall be construed against the drafter shall not
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apply to this License.
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12. RESPONSIBILITY FOR CLAIMS.
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As between Initial Developer and the Contributors, each party is
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responsible for claims and damages arising, directly or
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indirectly, out of its utilization of rights under this License
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||
and You agree to work with Initial Developer and Contributors to
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distribute such responsibility on an equitable basis. Nothing
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herein is intended or shall be deemed to constitute any admission
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of liability.
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13. MULTIPLE-LICENSED CODE.
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||
Initial Developer may designate portions of the Covered Code as
|
||
?Multiple-Licensed?. ?Multiple-Licensed? means that the Initial
|
||
Developer permits you to utilize portions of the Covered Code
|
||
under Your choice of the NPL or the alternative licenses, if any,
|
||
specified by the Initial Developer in the file described in
|
||
Exhibit A.
|
||
|
||
EXHIBIT A -Mozilla Public License.
|
||
|
||
``The contents of this file are subject to the Mozilla Public
|
||
License Version 1.1 (the "License"); you may not use this file
|
||
except in compliance with the License. You may obtain a copy of
|
||
the License at http://www.mozilla.org/MPL/
|
||
|
||
Software distributed under the License is distributed on an "AS
|
||
IS" basis, WITHOUT WARRANTY OF ANY KIND, either express or
|
||
implied. See the License for the specific language governing
|
||
rights and limitations under the License.
|
||
|
||
The Original Code is ______________________________________.
|
||
|
||
The Initial Developer of the Original Code is
|
||
________________________. Portions created by
|
||
______________________ are Copyright (C) ______
|
||
_______________________. All Rights Reserved.
|
||
|
||
Contributor(s): ______________________________________.
|
||
|
||
Alternatively, the contents of this file may be used under the
|
||
terms of the _____ license (the ?[___] License?), in which case
|
||
the provisions of [______] License are applicable instead of
|
||
those above. If you wish to allow use of your version of this
|
||
file only under the terms of the [____] License and not to allow
|
||
others to use your version of this file under the MPL, indicate
|
||
your decision by deleting the provisions above and replace them
|
||
with the notice and other provisions required by the [___]
|
||
License. If you do not delete the provisions above, a recipient
|
||
may use your version of this file under either the MPL or the
|
||
[___] License."
|
||
|
||
[NOTE: The text of this Exhibit A may differ slightly from the
|
||
text of the notices in the Source Code files of the Original
|
||
Code. You should use the text of this Exhibit A rather than the
|
||
text found in the Original Code Source Code for Your
|
||
Modifications.]
|
||
|
||
----------------------------------------
|
||
|
||
AMENDMENTS
|
||
|
||
The Netscape Public License Version 1.1 ("NPL") consists of the
|
||
Mozilla Public License Version 1.1 with the following Amendments,
|
||
including Exhibit A-Netscape Public License. Files identified
|
||
with "Exhibit A-Netscape Public License" are governed by the
|
||
Netscape Public License Version 1.1.
|
||
|
||
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 trademarks "Netscape'', the "Netscape N
|
||
and horizon'' logo or the "Netscape lighthouse" logo,
|
||
"Netcenter", "Gecko", "Java" or "JavaScript", "Smart
|
||
Browsing" even if such marks are included in the Original
|
||
Code or Modifications.
|
||
|
||
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
|
||
Netscape Branded Code becoming subject to the terms of
|
||
this License, and may license such Netscape Branded
|
||
Code on different terms from those contained in this
|
||
License.
|
||
|
||
VI. Litigation. Notwithstanding the limitations of Section
|
||
11 above, the provisions regarding litigation in Section
|
||
11(a), (b) and (c) of the License shall apply to all
|
||
disputes relating to this License.
|
||
|
||
EXHIBIT A-Netscape Public License.
|
||
|
||
''The contents of this file are subject to the Netscape
|
||
Public License Version 1.1 (the "License"); you may not use
|
||
this file except in compliance with the License. You may
|
||
obtain a copy of the License at http://www.mozilla.org/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) 1998-1999 Netscape Communications
|
||
Corporation. All Rights Reserved.
|
||
|
||
Contributor(s): ______________________________________.
|
||
|
||
Alternatively, the contents of this file may be used under
|
||
the terms of the _____ license (the ?[___] License?), in
|
||
which case the provisions of [______] License are applicable
|
||
instead of those above. If you wish to allow use of your
|
||
version of this file only under the terms of the [____]
|
||
License and not to allow others to use your version of this
|
||
file under the NPL, indicate your decision by deleting the
|
||
provisions above and replace them with the notice and other
|
||
provisions required by the [___] License. If you do not
|
||
delete the provisions above, a recipient may use your
|
||
version of this file under either the NPL or the [___]
|
||
License."
|
||
|
||
|
||
Copyright <20> 1998 The Mozilla Organization.
|