523 lines
27 KiB
Plaintext
523 lines
27 KiB
Plaintext
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
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A-Netscape Public License. Files identified with "Exhibit A-Netscape Public
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License" 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
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distributes and/or permits others to distribute under one or more trademark(s)
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which are controlled by Netscape but which are not licensed for use under this
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License.
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III. Netscape and logo.
This License does not grant any rights to use the
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trademarks "Netscape", the "Netscape N and horizon" logo or the "Netscape
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lighthouse" logo, "Netcenter", "Gecko", "Java" or "JavaScript", "Smart
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Browsing" even if such marks are included in the Original Code or
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Modifications.
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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 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.
Netscape may include Covered Code in products other
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than the Netscape's Branded Code which are released by Netscape during
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the two (2) years following the release date of the Original Code, without
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such additional products becoming subject to the terms of this License, and
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may license such additional products on different terms from those contained
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in this License.
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V.3. Alternative Licensing.
Netscape may license the Source Code of
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Netscape's Branded Code, including Modifications incorporated therein,
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without such Netscape Branded Code becoming subject to the terms of this
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License, and may license such Netscape Branded Code on different terms from
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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,
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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) 1998-1999 Netscape
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Communications Corporation. All Rights Reserved.
Contributor(s):
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______________________________________.
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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
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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
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particular Contributor.
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1.3. "Covered Code" means the Original Code or Modifications or the
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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 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
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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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1.8.1. "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 or
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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
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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
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Covered 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
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installation of an Executable, or source code differential comparisons against
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either the Original Code or another well known, available Covered Code of the
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Contributor's choice. The Source Code can be in a compressed or archival
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form, provided the appropriate decompression or de-archiving software is
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widely available for no charge.
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1.12. "You" (or "Your") 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, "You"
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includes any entity which controls, is controlled by, or is under common
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control with You. For purposes of this definition, "control" means (a) the
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power, direct or indirect, to cause the direction or management of such
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entity, whether by contract or otherwise, or (b) ownership of more than fifty
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percent (50%) of the outstanding shares or beneficial ownership of such
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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. under intellectual property rights (other than patent or trademark)
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Licensable by Initial Developer to use, reproduce, modify, display, perform,
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sublicense and distribute the Original Code (or portions thereof) with or
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without Modifications, 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 this
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License.
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d. Notwithstanding Section 2.1 (b) above, no patent license is granted: 1) for
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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
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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)
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Licensable by Contributor, to use, reproduce, modify, display, perform,
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sublicense and distribute the Modifications created by such Contributor (or
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portions thereof) either on an unmodified basis, with other Modifications, as
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Covered Code and/or as part of a Larger Work; and
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b. under Patent Claims infringed by the making, using, or selling of
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Modifications made by that Contributor either alone and/or in combination with
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its Contributor Version (or portions of such combination), to make, use, sell,
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offer for sale, have made, and/or otherwise dispose of: 1) Modifications made
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by that Contributor (or portions thereof); and 2) the combination of
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Modifications made by that Contributor with its Contributor Version (or
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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) for
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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 of
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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
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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
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If Contributor has knowledge that a license under a third party's
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intellectual property rights is required to exercise the rights granted by
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such Contributor under Sections 2.1 or 2.2, Contributor must include a text
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file with the Source Code distribution titled "LEGAL" which describes the
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claim and the party making the claim in sufficient detail that a recipient
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will know whom to contact. If Contributor obtains such knowledge after the
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Modification is made available as described in Section 3.2, Contributor shall
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promptly modify the LEGAL file in all copies Contributor makes available
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thereafter and shall take other steps (such as notifying appropriate mailing
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lists or newsgroups) reasonably calculated to inform those who received the
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Covered Code that new knowledge has been obtained.
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(b) Contributor APIs
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If Contributor's Modifications include an application programming
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interface and Contributor has knowledge of patent licenses which are
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reasonably necessary to implement that API, Contributor must also include this
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information in the 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
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Contributor's original creation(s) and/or Contributor has sufficient
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rights to grant the rights conveyed by this License.
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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. 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 a
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location (such as a relevant directory) where a user would be likely to look
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for such a notice. If You created one or more Modification(s) You may add your
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name as a Contributor to the notice described in Exhibit A. You must also
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duplicate this License in any documentation for the Source Code where You
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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
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Developer or any Contributor. You must make it absolutely clear than any such
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warranty, support, indemnity or liability obligation is offered by You alone,
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and You hereby agree to indemnify the Initial Developer and every Contributor
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for any liability incurred by the Initial Developer or such Contributor as a
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result of warranty, support, 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 Sections 3.1, 3.2, 3.3, 3.4 and
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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 in
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any notice in an Executable version, related documentation or collateral in
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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 or
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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 a
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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
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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 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, judicial
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order, or regulation then You must: (a) comply with the terms of this License
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to 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 in
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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 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
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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 a
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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
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License, You may always continue to use it under the terms of that version.
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You may also choose to use such Covered Code under the terms of any subsequent
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version of the License published by Netscape. No one other than Netscape has
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the right to modify the terms applicable to Covered Code created under this
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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 do
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in order to apply it to code which is not already Covered Code governed by
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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
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Netscape Public License. (Filling in the name of the Initial Developer,
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Original Code or Contributor in the notice described in Exhibit A shall not of
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themselves 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
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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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8.1. This License and the rights granted hereunder will terminate
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automatically if You fail to comply with terms herein and fail to cure such
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breach within 30 days of becoming aware of the breach. All sublicenses to the
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Covered Code which are properly granted shall survive any termination of this
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License. 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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8.2. If You initiate litigation by asserting a patent infringement claim
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(excluding declatory judgment actions) against Initial Developer or a
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Contributor (the Initial Developer or Contributor against whom You file such
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action is referred to as "Participant") alleging that:
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a. such Participant's Contributor Version directly or indirectly
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infringes any patent, then any and all rights granted by such Participant to
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You under Sections 2.1 and/or 2.2 of this License shall, upon 60 days notice
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from Participant terminate prospectively, unless if within 60 days after
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receipt of notice You either: (i) agree in writing to pay Participant a
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mutually agreeable reasonable royalty for Your past and future use of
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Modifications made by such Participant, or (ii) withdraw Your litigation claim
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with respect to the Contributor Version against such Participant. If within 60
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days of notice, a reasonable royalty and payment arrangement are not mutually
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agreed upon in writing by the parties or the litigation claim is not
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withdrawn, the rights granted by Participant to You under Sections 2.1 and/or
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2.2 automatically terminate at the expiration of the 60 day notice period
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specified above.
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b. any software, hardware, or device, other than such Participant's
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Contributor Version, directly or indirectly infringes any patent, then any
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rights granted to You by such Participant under Sections 2.1(b) and 2.2(b) are
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revoked effective as of the date You first made, used, sold, distributed, or
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had made, Modifications 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
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infringes any patent where such claim is resolved (such as by license or
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settlement) prior to the initiation of patent infringement litigation, then
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the reasonable value of the licenses granted by such Participant under
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Sections 2.1 or 2.2 shall be taken into account in determining the amount or
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value of any payment or license.
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8.4. In the event of termination under Sections 8.1 or 8.2 above, all end user
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license agreements (excluding distributors and resellers) which have been
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validly granted by You or any distributor hereunder prior to termination shall
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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 ANY
|
||
OF SUCH PARTIES, BE LIABLE TO ANY PERSON FOR ANY INDIRECT, SPECIAL,
|
||
INCIDENTAL, OR CONSEQUENTIAL DAMAGES OF ANY CHARACTER INCLUDING, WITHOUT
|
||
LIMITATION, DAMAGES FOR LOSS OF GOODWILL, WORK STOPPAGE, COMPUTER FAILURE OR
|
||
MALFUNCTION, OR ANY 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.
|
||
|