379 lines
21 KiB
Plaintext
379 lines
21 KiB
Plaintext
NETSCAPE PUBLIC LICENSE
Version 1.0
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1. Definitions.
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1.1. ``Contributor'' means each entity that creates or contributes
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to the creation of Modifications.
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1.2. ``Contributor Version'' means the combination of the Original
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Code, prior Modifications used by a Contributor, and the Modifications made by
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that particular Contributor.
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1.3. ``Covered Code'' means the Original Code or Modifications or
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the combination 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 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 Source
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Code.
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1.6. ``Initial Developer'' means the individual or entity identified
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as the 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
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portions 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
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substance or structure of either the Original Code or any previous
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Modifications. When Covered Code is released as a series of files, a
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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.
B. Any new file that contains any part of the
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Original Code or previous Modifications.
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1.10. ``Original Code'' means Source Code of computer software code
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which is described in the Source Code notice required byExhibit A as Original
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Code, and which, at the time of its release under this License is not already
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Covered Code governed by this License.
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1.11. ``Source Code'' means the preferred form of the Covered Code
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for making modifications to it, including all modules it contains, plus any
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associated interface definition files, scripts used to control compilation and
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installation of an Executable, or a list of source code differential
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comparisons against either the Original Code or another well known, available
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Covered Code of the Contributor's choice. The Source Code can be in a
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compressed or archival form, provided the appropriate decompression or de-
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archiving software is widely available for no charge.
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1.12. ``You'' means an individual or a legal entity exercising
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rights under, and complying with all of the terms of, this License or a future
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version of this License issued under Section 6.1. For legal entities,
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``You'' includes any entity which controls, is controlled by, or is
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under common control with You. For purposes of this definition,
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``control'' means (a) the power, direct or indirect, to cause the
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direction or management of such entity, whether by contract or otherwise, or
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(b) ownership of fifty percent (50%) or more of the outstanding shares or
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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 a
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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 the
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Original Code (or portions thereof) with or without Modifications, or as part
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of a Larger Work; and
(b) under patents now or hereafter owned or controlled
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by Initial Developer, to make, have made, use and sell (``Utilize'')
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the Original Code (or portions thereof), but solely to the extent that any
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such patent is reasonably necessary to enable You to Utilize the Original Code
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(or portions thereof) and not to any greater extent that may be necessary to
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Utilize further Modifications or combinations.
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2.2. Contributor Grant.
Each Contributor hereby grants You a world-wide,
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royalty-free, non-exclusive license, subject to third party intellectual
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property claims:
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(a) to use, reproduce, modify, display, perform, sublicense and distribute the
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Modifications created by such Contributor (or portions thereof) either on an
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unmodified basis, with other Modifications, as Covered Code or as part of a
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Larger Work; and
(b) under patents now or hereafter owned or controlled by
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Contributor, to Utilize the Contributor Version (or portions thereof), but
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solely to the extent that any such patent is reasonably necessary to enable
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You to Utilize the Contributor Version (or portions thereof), and not to any
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greater extent that may be necessary to Utilize further Modifications or
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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
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distributed only under the terms of this License or a future version of this
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License 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 may not offer
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or impose any terms on any Source Code version that alters or restricts the
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applicable version of this License or the recipients' rights hereunder.
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However, You may include an additional document offering the additional rights
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described in Section 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 via
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an accepted Electronic Distribution Mechanism to anyone to whom you made an
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Executable version available; and if made available via Electronic
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Distribution Mechanism, must remain available for at least twelve (12) months
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after the date it initially became available, or at least six (6) months after
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a subsequent version of that particular Modification has been made available
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to such recipients. You are responsible for ensuring that the Source Code
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version remains available even if the Electronic Distribution Mechanism is
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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
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Original Code provided by the Initial Developer and including the name of the
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Initial Developer in (a) the Source Code, and (b) in any notice in an
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Executable version or related documentation in which You describe the origin
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or ownership of 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
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intellectual property right in particular functionality or code (or its
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utilization under this License), you must include a text file with the source
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code distribution titled ``LEGAL'' which describes the claim and the
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party making the claim in sufficient detail that a recipient will know whom to
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contact. If you obtain such knowledge after You make Your Modification
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available as described in Section 3.2, You shall promptly modify the LEGAL
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file in all copies You make available thereafter and shall take other steps
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(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. If Your Modification is an application programming
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interface and You own or control patents which are reasonably necessary to
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implement 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 file
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of the Source Code, and this License in any documentation for the Source Code,
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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 to
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the notice described in Exhibit A. If it is not possible to put such notice in
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a particular Source Code file due to its structure, then you must include such
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notice in a location (such as a relevant directory file) where a user would be
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likely to look for such a notice. You may choose to offer, and to charge a fee
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for, warranty, support, indemnity or liability obligations to one or more
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recipients of 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 Contributor. You must make
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it absolutely clear than any such warranty, support, indemnity or liability
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obligation is offered by You alone, and You hereby agree to indemnify the
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Initial Developer and every Contributor for any liability incurred by the
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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 in
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Executable form only if the requirements of Section 3.1-3.5 have been met for
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that Covered Code, and if You include a notice stating that the Source Code
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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 of
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Section 3.2. The notice must be conspicuously included in any notice in an
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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
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Executable version of Covered Code under a license of Your choice, which may
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contain terms different from this License, provided that You are in compliance
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with 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
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Code version from the rights set forth in this License. If You distribute the
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Executable version under a different license You must make it absolutely clear
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that any terms which differ from this License are offered by You alone, not by
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the Initial Developer or any Contributor. You hereby agree to indemnify the
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Initial Developer and every Contributor for any liability incurred by the
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Initial 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 with
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other code not governed by the terms of this License and distribute the Larger
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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
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sufficiently detailed for a recipient of ordinary skill to be able to
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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
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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 distinguishing version
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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 the
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terms of that version. You may also choose to use such Covered Code under the
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terms of any 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 to Covered
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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
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Covered Code governed by this License), you must (a) rename Your license so
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that the phrases ``Mozilla'', ``MOZILLAPL'',
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``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
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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,
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WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING, WITHOUT
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LIMITATION, WARRANTIES THAT THE COVERED CODE IS FREE OF DEFECTS, MERCHANTABLE,
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FIT FOR A PARTICULAR PURPOSE OR NON-INFRINGING. THE ENTIRE RISK AS TO THE
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QUALITY AND PERFORMANCE OF THE COVERED CODE IS WITH YOU. SHOULD ANY COVERED
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CODE PROVE DEFECTIVE IN ANY RESPECT, YOU (NOT THE INITIAL DEVELOPER OR ANY
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OTHER CONTRIBUTOR) ASSUME THE COST OF ANY NECESSARY SERVICING, REPAIR OR
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CORRECTION. THIS DISCLAIMER OF WARRANTY CONSTITUTES AN ESSENTIAL PART OF THIS
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LICENSE. NO USE OF ANY COVERED CODE IS AUTHORIZED HEREUNDER EXCEPT UNDER THIS
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DISCLAIMER.
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8. TERMINATION.
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This License and the rights granted hereunder will terminate automatically if
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You fail to comply with terms herein and fail to cure such breach within 30
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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
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termination 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
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LIMITATION, DAMAGES FOR LOSS OF GOODWILL, WORK STOPPAGE, COMPUTER FAILURE OR
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MALFUNCTION, OR ANY AND ALL OTHER COMMERCIAL DAMAGES OR LOSSES, EVEN IF SUCH
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PARTY SHALL HAVE BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGES. THIS
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LIMITATION OF LIABILITY SHALL NOT APPLY TO LIABILITY FOR DEATH OR PERSONAL
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INJURY RESULTING FROM SUCH PARTY'S NEGLIGENCE TO THE EXTENT APPLICABLE
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LAW PROHIBITS SUCH LIMITATION. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION
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OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THAT EXCLUSION AND
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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 defined
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in 48 C.F.R. 2.101 (Oct. 1995), consisting of ``commercial computer
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software'' and ``commercial computer software
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documentation,'' as such terms are used in 48 C.F.R. 12.212 (Sept.
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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
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hereof. If any provision of this License is held to be unenforceable, such
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provision shall be reformed only to the extent necessary to make it
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enforceable. This License shall be governed by California law provisions
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(except to the extent applicable law, if any, provides otherwise), excluding
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its conflict-of-law provisions. With respect to disputes in which at least one
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party is a citizen of, or an entity chartered or registered to do business in,
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the United States of America: (a) unless otherwise agreed in writing, all
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disputes relating to this License (excepting any dispute relating to
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intellectual property rights) shall be subject to final and binding
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arbitration, with the losing party paying all costs of arbitration; (b) any
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arbitration relating to this Agreement shall be held in Santa Clara County,
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California, under the auspices of JAMS/EndDispute; and (c) any litigation
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relating to this Agreement shall be subject to the jurisdiction of the Federal
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Courts of the Northern District of California, with venue lying in Santa Clara
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County, California, with the losing party responsible for costs, including
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without limitation, court costs and reasonable attorneys fees and expenses.
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The application of the United Nations Convention on Contracts for the
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International Sale of Goods is expressly excluded. Any law or regulation which
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provides that the language of a contract shall be construed against the
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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 of
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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
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parties 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.
These additional terms described in this Netscape Public License
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-- Amendments shall apply to the Mozilla Communicator client code and to all
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Covered Code under this License.
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II. ``Netscape's Branded Code'' means Covered Code that
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Netscape distributes and/or permits others to distribute under one or more
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trademark(s) which are controlled by Netscape but which are not licensed for
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use under this License.
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III. Netscape and logo.
This License does not grant any rights to use the
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trademark ``Netscape'', the ``Netscape N and horizon''
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logo or the Netscape lighthouse logo, even if such marks are included in the
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Original Code.
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IV. Inability to Comply Due to Contractual Obligation.
Prior to licensing
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the Original Code under this License, Netscape has licensed third party code
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for use in Netscape's Branded Code. To the extent that Netscape is
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limited contractually from making such third party code available under this
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License, Netscape may choose to reintegrate such code into Covered Code
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without being required to distribute such code in
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Source Code form, even if such code would otherwise be considered
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``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 the
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extent specified in this Amendment, Section V.2 and V.3.
V.2. Other Products.
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Netscape may include Covered Code in products other than the Netscape's
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Branded Code which are released by Netscape during the two (2) years following
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the release date of the Original Code, without such additional products
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becoming subject to the terms of this License, and may license such additional
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products on different terms from those contained in this License.
V.3.
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Alternative Licensing. Netscape may license the Source Code of Netscape's
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Branded Code, including Modifications incorporated therein, without such
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additional products becoming subject to the terms of this License, and may
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license such additional products on different terms from those contained in
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this License.
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VI. Arbitration and Litigation.
Notwithstanding the limitations of Section
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11 above, the provisions regarding arbitration and litigation in Section
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11(a), (b) and (c) of the License shall apply to all disputes relating to this
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License.
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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,
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1998.
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The Initial Developer of the Original Code is Netscape Communications
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Corporation. Portions created by Netscape are Copyright (C) 1998 Netscape
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Communications Corporation. All Rights Reserved.
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Contributor(s): ______________________________________.”
[NOTE: The text of
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this Exhibit A may differ slightly from the text of the notices in the Source
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Code files of the Original Code. This is due to time constraints encountered
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in simultaneously finalizing the License and in preparing the Original Code
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for release. You should use the text of this Exhibit A rather than the text
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found in the Original Code Source Code for Your Modifications.]
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