376 lines
20 KiB
Text
376 lines
20 KiB
Text
NETSCAPE PUBLIC LICENSE
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Version 1.0
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1. Definitions.
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1.1. ``Contributor'' means each entity that creates or contributes to the
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creation 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 byExhibit A.
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1.7. ``Larger Work'' means a work which combines Covered Code or portions
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thereof with code not governed by the terms of this License.
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1.8. ``License'' means this document.
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1.9. ``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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A. 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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B. 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
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is described in the Source Code notice required byExhibit 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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1.11. ``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 a list of source code differential comparisons against
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either the Original Code or another well known, available Covered Code of
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the Contributor's choice. The Source Code can be in a compressed or archival
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form, provided the appropriate decompression or de-archiving software is widely
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available for no charge.
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1.12. ``You'' means an individual or a legal entity exercising rights under,
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and complying with all of the terms of, this License or a future version of
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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 fifty percent (50%) or more
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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) to use, reproduce, modify, display, perform, sublicense and distribute
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the Original Code (or portions thereof) with or without Modifications, or
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as part of a Larger Work; and
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(b) under patents now or hereafter owned or controlled by Initial Developer,
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to make, have made, use and sell (``Utilize'') the Original Code (or portions
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thereof), but solely to the extent that any such patent is reasonably necessary
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to enable You to Utilize the Original Code (or portions thereof) and not to
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any greater extent that may be necessary to Utilize further Modifications
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or combinations.
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2.2. Contributor Grant.
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Each Contributor hereby grants You a world-wide, royalty-free, non-exclusive
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license, subject to third party intellectual property claims:
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(a) to use, reproduce, modify, display, perform, sublicense and distribute
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the Modifications created by such Contributor (or portions thereof) either
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on an unmodified basis, with other Modifications, as Covered Code or as part
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of a Larger Work; and
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(b) under patents now or hereafter owned or controlled by Contributor, to
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Utilize the Contributor Version (or portions thereof), but solely to the extent
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that any such patent is reasonably necessary to enable You to Utilize the
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Contributor Version (or portions thereof), and not to any greater extent that
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may be necessary to Utilize further Modifications or combinations.
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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. If You have knowledge that a party claims an intellectual
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property right in particular functionality or code (or its utilization under
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this License), you must include a text file with the source code distribution
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titled ``LEGAL'' which describes the claim and the party making the claim
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in sufficient detail that a recipient will know whom to contact. If you obtain
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such knowledge after You make Your Modification available as described in
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Section 3.2, You shall promptly modify the LEGAL file in all copies You make
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available thereafter and shall take other steps (such as notifying appropriate
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mailing lists or newsgroups) reasonably calculated to inform those who received
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the Covered Code that new knowledge has been obtained.
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(b) Contributor APIs. If Your Modification is an application programming interface
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and You own or control patents which are reasonably necessary to implement
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that API, you must also include this information in the LEGAL file.
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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, and this License in any documentation for the Source
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Code, where You describe recipients' rights relating to Covered Code. If You
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created one or more Modification(s), You may add your name as a Contributor
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to the notice described in Exhibit A. If it is not possible to put such notice
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in a particular Source Code file due to its structure, then you must include
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such notice in a location (such as a relevant directory file) where a user
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would be likely to look for such a notice. You may choose to offer, and to
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charge a fee for, warranty, support, indemnity or liability obligations to
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one or more recipients of Covered Code. However, You may do so only on Your
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own behalf, and not on behalf of the Initial Developer or any Contributor.
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You must make it absolutely clear than any such warranty, support, indemnity
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or liability obligation is offered by You alone, and You hereby agree to indemnify
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the Initial Developer and every Contributor for any liability incurred by
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the Initial Developer or such Contributor as a result of warranty, support,
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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 Section 3.1-3.5 have been met
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for that Covered Code, and if You include a notice stating that the Source
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Code version of the 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 obligations
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of Section 3.2. The notice must be conspicuously included in any notice in
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an Executable version, related documentation or collateral in which You describe
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recipients' rights relating to the Covered Code. You may distribute the Executable
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version of Covered Code under a license of Your choice, which may contain
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terms different from this License, provided that You are in compliance with
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the terms 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 Source Code
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version from the rights set forth in this License. If You distribute the Executable
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version under a different license You must make it absolutely clear that any
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terms which differ from this License are offered by You alone, not by the
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Initial Developer or any Contributor. You hereby agree to indemnify the Initial
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Developer and every Contributor for any liability incurred by the Initial
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Developer or such 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 or regulation
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then You must: (a) 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 affect. Such
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description must be included in the LEGAL file described in Section 3.4 and
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must be included with all distributions of the Source Code. Except to the
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extent prohibited by statute or regulation, such description must be sufficiently
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detailed for a recipient of ordinary skill to be 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 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. Netscape Communications Corporation (``Netscape'') may
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publish revised and/or new versions of the License from time to time. Each
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version will be given a distinguishing version number.
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6.2. Effect of New Versions. Once Covered Code has been published under a
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particular version of the License, You may always continue to use it under
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the terms of that version. You may also choose to use such Covered Code under
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the terms of any subsequent version of the License published by Netscape.
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No one other than Netscape has the right to modify the terms applicable to
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Covered Code created under this License.
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6.3. Derivative Works. If you create or use a modified version of this License
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(which you may only do in order to apply it to code which is not already Covered
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Code governed by this License), you must (a) rename Your license so that the
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phrases ``Mozilla'', ``MOZILLAPL'', ``MOZPL'', ``Netscape'', ``NPL'' or any
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confusingly similar phrase do not appear anywhere in your license and (b)
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otherwise make it clear that your version of the license contains terms which
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differ from the Mozilla Public License and Netscape Public License. (Filling
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in the name of the Initial Developer, Original Code or Contributor in the
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notice described in Exhibit A shall not of themselves be deemed to be modifications
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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
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WARRANTY OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING, WITHOUT LIMITATION,
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WARRANTIES THAT THE COVERED CODE IS FREE OF DEFECTS, MERCHANTABLE, FIT FOR
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A PARTICULAR PURPOSE OR NON-INFRINGING. THE ENTIRE RISK AS TO THE QUALITY
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AND PERFORMANCE 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 OTHER CONTRIBUTOR)
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ASSUME 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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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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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 THE INITIAL DEVELOPER, ANY OTHER
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CONTRIBUTOR, OR ANY DISTRIBUTOR OF COVERED CODE, OR ANY SUPPLIER OF ANY OF
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SUCH PARTIES, BE LIABLE TO YOU OR ANY OTHER PERSON FOR ANY INDIRECT, SPECIAL,
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INCIDENTAL, OR CONSEQUENTIAL DAMAGES OF ANY CHARACTER INCLUDING, WITHOUT LIMITATION,
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DAMAGES FOR LOSS OF GOODWILL, WORK STOPPAGE, COMPUTER FAILURE OR MALFUNCTION,
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OR ANY AND ALL OTHER COMMERCIAL DAMAGES OR LOSSES, EVEN IF SUCH PARTY SHALL
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HAVE BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGES. THIS LIMITATION OF
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LIABILITY SHALL NOT APPLY TO LIABILITY FOR DEATH OR PERSONAL INJURY RESULTING
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FROM SUCH PARTY'S NEGLIGENCE TO THE EXTENT APPLICABLE LAW PROHIBITS SUCH LIMITATION.
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SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL
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OR CONSEQUENTIAL DAMAGES, SO THAT EXCLUSION AND LIMITATION MAY NOT APPLY TO
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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 defined in 48 C.F.R.
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2.101 (Oct. 1995), consisting of ``commercial computer software'' and ``commercial
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computer software documentation,'' as such terms are used in 48 C.F.R. 12.212
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(Sept. 1995). Consistent with 48 C.F.R. 12.212 and 48 C.F.R. 227.7202-1 through
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227.7202-4 (June 1995), all U.S. Government End Users acquire Covered Code
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with only those rights set forth herein.
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11. MISCELLANEOUS.
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This License represents the complete agreement concerning subject matter hereof.
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If any provision of this License is held to be unenforceable, such provision
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shall be reformed only to the extent necessary to make it enforceable. This
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License shall be governed by California law provisions (except to the extent
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applicable law, if any, provides otherwise), excluding its conflict-of-law
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provisions. With respect to disputes in which at least one party is a citizen
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of, or an entity chartered or registered to do business in, the United States
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of America: (a) unless otherwise agreed in writing, all disputes relating
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to this License (excepting any dispute relating to intellectual property rights)
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shall be subject to final and binding arbitration, with the losing party paying
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all costs of arbitration; (b) any arbitration relating to this Agreement shall
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be held in Santa Clara County, California, under the auspices of JAMS/EndDispute;
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and (c) any litigation relating to this Agreement shall be subject to the
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jurisdiction of the Federal Courts of the Northern District of California,
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with venue lying in Santa Clara County, California, with the losing party
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responsible for costs, including without limitation, court costs and reasonable
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attorneys fees and expenses. The application of the United Nations Convention
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on Contracts for the International Sale of Goods is expressly excluded. Any
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law or regulation which provides that the language of a contract shall be
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construed against the drafter shall not apply to this License.
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12. RESPONSIBILITY FOR CLAIMS.
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Except in cases where another Contributor has failed to comply with Section
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3.4, You are responsible for damages arising, directly or indirectly, out
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of Your utilization of rights under this License, based on the number of copies
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of Covered Code you made available, the revenues you received from utilizing
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such rights, and other relevant factors. You agree to work with affected parties
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to distribute responsibility on an equitable basis.
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AMENDMENTS
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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 trademark ``Netscape'',
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the ``Netscape N and horizon'' logo or the Netscape lighthouse logo, even
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if such marks are included in the Original Code.
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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. The obligations of Section 3 apply to Netscape, except to
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the extent specified in this Amendment, Section V.2 and V.3.
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V.2. Other Products. Netscape may include Covered Code in products other than
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the Netscape's Branded Code which are released by Netscape during the two
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(2) years following the release date of the Original Code, without such additional
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products becoming subject to the terms of this License, and may license such
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additional products on different terms from those contained in this License.
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V.3. Alternative Licensing. Netscape may license the Source Code of Netscape's
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Branded Code, including Modifications incorporated therein, without such additional
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products becoming subject to the terms of this License, and may license such
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additional products on different terms from those contained in this License.
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VI. Arbitration and Litigation.
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Notwithstanding the limitations of Section 11 above, the provisions regarding
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arbitration and litigation in Section 11(a), (b) and (c) of the License shall
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apply to all disputes relating to this License. EXHIBIT A.
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"The contents of this file are subject to the Netscape Public License Version
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1.0 (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 Netscape Communications
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Corporation. All Rights Reserved.
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Contributor(s): ______________________________________."
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[NOTE: The text of this Exhibit A may differ slightly from the text of the
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notices in the Source Code files of the Original Code. This is due to time
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constraints encountered in simultaneously finalizing the License and in preparing
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the Original Code for release. You should use the text of this Exhibit A rather
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than the text found in the Original Code Source Code for Your Modifications.]
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