516 lines
27 KiB
Groff
516 lines
27 KiB
Groff
Netscape Public LIcense version 1.1
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AMENDMENTS
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The Netscape Public License Version 1.1 ("NPL") consists of the Mozilla Public
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License Version 1.1 with the following Amendments, including Exhibit A-Netscape
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Public License. Files identified with "Exhibit A-Netscape Public License"
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are governed by the Netscape Public License Version 1.1.
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Additional Terms applicable to the Netscape Public License.
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I. Effect.
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These additional terms described in this Netscape Public License -- Amendments
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shall apply to the Mozilla Communicator client code and to all Covered Code
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under this License.
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II. "Netscape's Branded Code" means Covered Code that Netscape distributes
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and/or permits others to distribute under one or more trademark(s) which are
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controlled by Netscape but which are not licensed for use under this License.
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III. Netscape and logo.
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This License does not grant any rights to use the trademarks "Netscape", the
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"Netscape N and horizon" logo or the "Netscape lighthouse" logo, "Netcenter",
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"Gecko", "Java" or "JavaScript", "Smart Browsing" even if such marks are included
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in the Original Code or Modifications.
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IV. Inability to Comply Due to Contractual Obligation.
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Prior to licensing the Original Code under this License, Netscape has licensed
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third party code for use in Netscape's Branded Code. To the extent that Netscape
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is limited contractually from making such third party code available under
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this License, Netscape may choose to reintegrate such code into Covered Code
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without being required to distribute such code in Source Code form, even if
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such code would otherwise be considered "Modifications" under this License.
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V. Use of Modifications and Covered Code by Initial Developer.
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V.1. In General.
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The obligations of Section 3 apply to Netscape, except to the extent specified
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in this Amendment, Section V.2 and V.3.
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V.2. Other Products.
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Netscape may include Covered Code in products other than the Netscape's Branded
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Code which are released by Netscape during the two (2) years following the
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release date of the Original Code, without such additional products becoming
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subject to the terms of this License, and may license such additional products
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on different terms from those contained in this License.
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V.3. Alternative Licensing.
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Netscape may license the Source Code of Netscape's Branded Code, including
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Modifications incorporated therein, without such Netscape Branded Code becoming
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subject to the terms of this License, and may license such Netscape Branded
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Code on different terms from those contained in this License.
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VI. Litigation.
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Notwithstanding the limitations of Section 11 above, the provisions regarding
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litigation in Section 11(a), (b) and (c) of the License shall apply to all
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disputes relating to this License.
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EXHIBIT A-Netscape Public License.
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"The contents of this file are subject to the Netscape Public License Version
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1.1 (the "License"); you may not use this file except in compliance with the
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License. You may obtain a copy of the License at http://www.mozilla.org/NPL/
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Software distributed under the License is distributed on an "AS IS" basis,
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WITHOUT WARRANTY OF ANY KIND, either express or implied. See the License for
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the specific language governing rights and limitations under the License.
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The Original Code is Mozilla Communicator client code, released March 31, 1998.
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The Initial Developer of the Original Code is Netscape Communications Corporation.
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Portions created by Netscape are Copyright (C) 1998-1999 Netscape Communications
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Corporation. All Rights Reserved.
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Contributor(s): ______________________________________.
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Alternatively, the contents of this file may be used under the terms of the
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_____ license (the "[___] License"), in which case the provisions of [______]
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License are applicable instead of those above. If you wish to allow use of
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your version of this file only under the terms of the [____] License and not
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to allow others to use your version of this file under the NPL, indicate your
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decision by deleting the provisions above and replace them with the notice
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and other provisions required by the [___] License. If you do not delete the
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provisions above, a recipient may use your version of this file under either
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the NPL or the [___] License."
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Mozilla Public License Version 1.1
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1. Definitions.
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1.0.1. "Commercial Use" means distribution or otherwise making the Covered
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Code available to a third party.
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1.1. "Contributor" means each entity that creates or contributes to the creation
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of Modifications.
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1.2. "Contributor Version" means the combination of the Original Code, prior
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Modifications used by a Contributor, and the Modifications made by that particular
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Contributor.
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1.3. "Covered Code" means the Original Code or Modifications or the combination
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of the Original Code and Modifications, in each case including portions thereof.
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1.4. "Electronic Distribution Mechanism" means a mechanism generally accepted
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in the software development community for the electronic transfer of data.
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1.5. "Executable" means Covered Code in any form other than Source Code.
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1.6. "Initial Developer" means the individual or entity identified as the
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Initial Developer in the Source Code notice required by Exhibit A.
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1.7. "Larger Work" means a work which combines Covered Code or portions thereof
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with code not governed by the terms of this 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 maximum extent
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possible, whether at the time of the initial grant or subsequently acquired,
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any and all of the rights conveyed herein.
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1.9. "Modifications" means any addition to or deletion from the substance
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or structure of either the Original Code or any previous Modifications. When
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Covered Code is released as a series of files, a Modification is:
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Any addition to or deletion from the contents of a file containing Original
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Code or previous Modifications.
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Any new file that contains any part of the Original Code or previous Modifications.
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1.10. "Original Code" means Source Code of computer software code which is
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described in the Source Code notice required by Exhibit A as Original Code,
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and which, at the time of its release under this License is not already Covered
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Code governed by this License.
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1.10.1. "Patent Claims" means any patent claim(s), now owned or hereafter
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acquired, including without limitation, method, process, and apparatus claims,
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in any patent Licensable by grantor.
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1.11. "Source Code" means the preferred form of the Covered Code for making
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modifications to it, including all modules it contains, plus any associated
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interface definition files, scripts used to control compilation and installation
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of an Executable, or source code differential comparisons against either the
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Original Code or another well known, available Covered Code of the Contributor's
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choice. The Source Code can be in a compressed or archival form, provided
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the appropriate decompression or de-archiving software is widely available
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for no charge.
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1.12. "You" (or "Your") means an individual or a legal entity exercising rights
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under, and complying with all of the terms of, this License or a future version
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of this License issued under Section 6.1. For legal entities, "You" includes
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any entity which controls, is controlled by, or is under common control with
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You. For purposes of this definition, "control" means (a) the power, direct
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or indirect, to cause the direction or management of such entity, whether
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by contract or otherwise, or (b) ownership of more than fifty percent (50%)
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of the outstanding 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 grants You
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a world-wide, royalty-free, non-exclusive license, subject to third party
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intellectual property claims:
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a. under intellectual property rights (other than patent or trademark) Licensable
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by Initial Developer to use, reproduce, modify, display, perform, sublicense
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and distribute the Original Code (or portions thereof) with or without Modifications,
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and/or as part of a Larger Work; and
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b. under Patents Claims infringed by the making, using or selling of Original
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Code, to make, have made, use, practice, sell, and offer for sale, and/or
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otherwise dispose of the Original Code (or portions thereof).
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c. the licenses granted in this Section 2.1 (a) and (b) are effective on the
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date Initial Developer first distributes Original Code under the terms of
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this License.
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d. Notwithstanding Section 2.1 (b) above, no patent license is granted: 1)
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for code that You delete from the Original Code; 2) separate from the Original
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Code; or 3) for infringements caused by: i) the modification of the Original
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Code or ii) the combination of the Original Code with other software or devices.
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2.2. Contributor Grant. Subject to third party intellectual property claims,
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each Contributor hereby grants You a world-wide, royalty-free, non-exclusive
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license
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a. under intellectual property rights (other than patent or trademark) Licensable
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by Contributor, to use, reproduce, modify, display, perform, sublicense and
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distribute the Modifications created by such Contributor (or portions thereof)
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either on an unmodified basis, with other Modifications, as Covered Code and/or
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as part of a Larger Work; and
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b. under Patent Claims infringed by the making, using, or selling of Modifications
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made by that Contributor either alone and/or in combination with its Contributor
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Version (or portions of such combination), to make, use, sell, offer for sale,
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have made, and/or otherwise dispose of: 1) Modifications made by that Contributor
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(or portions thereof); and 2) the combination of Modifications made by that
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Contributor with its Contributor Version (or portions of such combination).
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c. the licenses granted in Sections 2.2 (a) and 2.2 (b) are effective on the
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date Contributor first makes Commercial Use of the Covered Code.
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d. Notwithstanding Section 2.2 (b) above, no patent license is granted: 1)
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for any code that Contributor has deleted from the Contributor Version; 2)
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separate from the Contributor Version; 3) for infringements caused by: i)
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third party modifications of Contributor Version or ii) the combination of
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Modifications made by that Contributor with other software (except as part
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of the Contributor Version) or other devices; or 4) under Patent Claims infringed
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by 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 or to which
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You contribute are governed by the terms of this License, including without
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limitation Section 2.2. The Source Code version of Covered Code may be distributed
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only under the terms of this License or a future version of this License released
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under Section 6.1, and You must include a copy of this License with every
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copy of the Source Code You distribute. You may not offer or impose any terms
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on any Source Code version that alters or restricts the applicable version
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of this License or the recipients' rights hereunder. However, You may include
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an additional document offering the additional rights described in Section
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3.5.
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3.2. Availability of Source Code. Any Modification which You create or to
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which You contribute must be made available in Source Code form under the
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terms of this License either on the same media as an Executable version or
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via an accepted Electronic Distribution Mechanism to anyone to whom you made
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an Executable version available; and if made available via Electronic Distribution
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Mechanism, must remain available for at least twelve (12) months after the
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date it initially became available, or at least six (6) months after a subsequent
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version of that particular Modification has been made available to such recipients.
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You are responsible for ensuring that the Source Code version remains available
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even if the Electronic Distribution Mechanism is maintained by a third party.
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3.3. Description of Modifications. You must cause all Covered Code to which
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You contribute to contain a file documenting the changes You made to create
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that Covered Code and the date of any change. You must include a prominent
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statement that the Modification is derived, directly or indirectly, from Original
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Code provided by the Initial Developer and including the name of the Initial
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Developer in (a) the Source Code, and (b) in any notice in an Executable version
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or related documentation in which You describe the origin or ownership of
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the Covered Code.
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3.4. Intellectual Property Matters
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(a) Third Party Claims
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If Contributor has knowledge that a license under a third party's intellectual
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property rights is required to exercise the rights granted by such Contributor
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under Sections 2.1 or 2.2, Contributor must include a text file with the Source
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Code distribution titled "LEGAL" which describes the claim and the party making
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the claim in sufficient detail that a recipient will know whom to contact.
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If Contributor obtains such knowledge after the Modification is made available
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as described in Section 3.2, Contributor shall promptly modify the LEGAL file
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in all copies Contributor makes available thereafter and shall take other
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steps (such as notifying appropriate mailing lists or newsgroups) reasonably
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calculated to inform those who received the Covered Code that new knowledge
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has been obtained.
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(b) Contributor APIs
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If Contributor's Modifications include an application programming interface
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and Contributor has knowledge of patent licenses which are reasonably necessary
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to implement that API, Contributor must also include this information in the
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LEGAL file.
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(c) Representations.
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Contributor represents that, except as disclosed pursuant to Section 3.4 (a)
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above, Contributor believes that Contributor's Modifications are Contributor's
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original creation(s) and/or Contributor has sufficient rights to grant the
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rights conveyed by this License.
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3.5. Required Notices. You must duplicate the notice in Exhibit A in each
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file of the Source Code. If it is not possible to put such notice in a particular
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Source Code file due to its structure, then You must include such notice in
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a location (such as a relevant directory) where a user would be likely to
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look for such a notice. If You created one or more Modification(s) You may
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add your name as a Contributor to the notice described in Exhibit A. You must
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also duplicate this License in any documentation for the Source Code where
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You describe recipients' rights or ownership rights relating to Covered Code.
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You may choose to offer, and to charge a fee for, warranty, support, indemnity
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or liability obligations to one or more recipients of Covered Code. However,
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You may do so only on Your own behalf, and not on behalf of the Initial Developer
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or any Contributor. You must make it absolutely clear than any such warranty,
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support, indemnity or liability obligation is offered by You alone, and You
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hereby agree to indemnify the Initial Developer and every Contributor for
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any liability incurred by the Initial Developer or such Contributor as a result
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of warranty, support, indemnity or liability terms You offer.
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3.6. Distribution of Executable Versions. You may distribute Covered Code
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in Executable form only if the requirements of Sections 3.1, 3.2, 3.3, 3.4
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and 3.5 have been met for that Covered Code, and if You include a notice stating
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that the Source Code version of the Covered Code is available under the terms
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of this License, including a description of how and where You have fulfilled
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the obligations of Section 3.2. The notice must be conspicuously included
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in any notice in an Executable version, related documentation or collateral
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in which You describe recipients' rights relating to the Covered Code. You
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may distribute the Executable version of Covered Code or ownership rights
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under a license of Your choice, which may contain terms different from this
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License, provided that You are in compliance with the terms of this License
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and that the license for the Executable version does not attempt to limit
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or alter the recipient's rights in the Source Code version from the rights
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set forth in this License. If You distribute the Executable version under
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a different license You must make it absolutely clear that any terms which
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differ from this License are offered by You alone, not by the Initial Developer
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or any Contributor. You hereby agree to indemnify the Initial Developer and
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every Contributor for any liability incurred by the Initial Developer or such
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Contributor as a result of any such terms You offer.
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3.7. Larger Works. You may create a Larger Work by combining Covered Code
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with other code not governed by the terms of this License and distribute the
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Larger Work as a single product. In such a case, You must make sure the requirements
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of this License 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 this License
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with respect to some or all of the Covered Code due to statute, judicial order,
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or regulation then You must: (a) comply with the terms of this License to
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the maximum extent possible; and (b) describe the limitations and the code
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they affect. Such description must be included in the LEGAL file described
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in Section 3.4 and must be included with all distributions of the Source Code.
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Except to the extent prohibited by statute or regulation, such description
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must be sufficiently detailed for a recipient of ordinary skill to be able
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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 attached the
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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
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Netscape Communications Corporation ("Netscape") may publish revised and/or
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new versions of the License from time to time. Each version will be given
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a distinguishing version number.
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6.2. Effect of New Versions
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Once Covered Code has been published under a particular version of the License,
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You may always continue to use it under the terms of that version. You may
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also choose to use such Covered Code under the terms of any subsequent version
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of the License published by Netscape. No one other than Netscape has the right
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to modify the terms applicable to Covered Code created under this License.
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6.3. Derivative Works
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If You create or use a modified version of this License (which you may only
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do in order to apply it to code which is not already Covered Code governed
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by this License), You must (a) rename Your license so that the phrases "Mozilla",
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"MOZILLAPL", "MOZPL", "Netscape", "MPL", "NPL" or any confusingly similar
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phrase do not appear in your license (except to note that your license differs
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from this License) and (b) otherwise make it clear that Your version of the
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license contains terms which differ from the Mozilla Public License and Netscape
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Public License. (Filling in the name of the Initial Developer, Original Code
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or Contributor in the notice described in Exhibit A shall not of themselves
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be deemed to be modifications of this 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, WITHOUT WARRANTY
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OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING, WITHOUT LIMITATION, WARRANTIES
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THAT THE COVERED CODE IS FREE OF DEFECTS, MERCHANTABLE, FIT FOR A PARTICULAR
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PURPOSE OR 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 DEFECTIVE IN
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ANY RESPECT, YOU (NOT THE INITIAL DEVELOPER OR ANY OTHER CONTRIBUTOR) ASSUME
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THE COST OF ANY NECESSARY SERVICING, REPAIR OR CORRECTION. THIS DISCLAIMER
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OF WARRANTY CONSTITUTES AN ESSENTIAL PART OF THIS LICENSE. NO USE OF ANY COVERED
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CODE IS 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 terminate automatically
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if You fail to comply with terms herein and fail to cure such breach within
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30 days of becoming aware of the breach. All sublicenses to the Covered Code
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which are properly granted shall survive any termination of this License.
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Provisions which, by their nature, must remain in effect beyond the termination
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of this License shall survive.
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8.2. If You initiate litigation by asserting a patent infringement claim (excluding
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declatory judgment actions) against Initial Developer or a Contributor (the
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Initial Developer or Contributor against whom You file such action is referred
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to as "Participant") alleging that:
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a. such Participant's Contributor Version directly or indirectly infringes
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any patent, then any and all rights granted by such Participant to You under
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Sections 2.1 and/or 2.2 of this License shall, upon 60 days notice from Participant
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terminate 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 agreeable reasonable
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royalty for Your past and future use of Modifications made by such Participant,
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or (ii) withdraw Your litigation claim with respect to the Contributor Version
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against such Participant. If within 60 days of notice, a reasonable royalty
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and payment arrangement are not mutually agreed upon in writing by the parties
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or the litigation claim is not withdrawn, the rights granted by Participant
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to You under Sections 2.1 and/or 2.2 automatically terminate at the expiration
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of the 60 day notice period specified above.
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b. any software, hardware, or device, other than such Participant's Contributor
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Version, directly or indirectly infringes any patent, then any rights granted
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to You by such Participant under Sections 2.1(b) and 2.2(b) are revoked effective
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as of the date You first made, used, sold, distributed, or had made, Modifications
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made by that Participant.
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8.3. If You assert a patent infringement claim against Participant alleging
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that such Participant's Contributor Version directly or indirectly infringes
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any patent where such claim is resolved (such as by license or settlement)
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prior to the initiation of patent infringement litigation, then the reasonable
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value of the licenses granted by such Participant under Sections 2.1 or 2.2
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shall be taken into account in determining the amount or value of any payment
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or license.
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8.4. In the event of termination under Sections 8.1 or 8.2 above, all end
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user license agreements (excluding distributors and resellers) which have
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been validly granted by You or any distributor hereunder prior to termination
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shall survive termination.
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9. LIMITATION OF LIABILITY
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UNDER NO CIRCUMSTANCES AND UNDER NO LEGAL THEORY, WHETHER TORT (INCLUDING
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NEGLIGENCE), CONTRACT, OR OTHERWISE, SHALL YOU, THE INITIAL DEVELOPER, ANY
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OTHER CONTRIBUTOR, OR ANY DISTRIBUTOR OF COVERED CODE, OR ANY SUPPLIER OF
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ANY OF SUCH PARTIES, BE LIABLE TO ANY PERSON FOR ANY INDIRECT, SPECIAL, INCIDENTAL,
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OR CONSEQUENTIAL DAMAGES OF ANY CHARACTER INCLUDING, WITHOUT LIMITATION, DAMAGES
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FOR LOSS OF GOODWILL, WORK STOPPAGE, COMPUTER FAILURE OR MALFUNCTION, OR ANY
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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 THIS 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, any litigation relating to this License 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
|
|
|
|
As between Initial Developer and the Contributors, each party is responsible
|
|
for claims and damages arising, directly or indirectly, out of its utilization
|
|
of rights under this License and You agree to work with Initial Developer
|
|
and Contributors to distribute such responsibility on an equitable basis.
|
|
Nothing herein is intended or shall be deemed to constitute any admission
|
|
of liability.
|
|
|
|
13. Multiple-licensed code
|
|
|
|
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 MPL 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.
|