means any addition to or deletion from the substance or structure of either theOriginal Code or any previous Modifications. When Covered Code is released as aseries of files, a Modification is:
The Initial Developer hereby grants You a world-wide, royalty-free, non-exclusivelicense, subject to third party intellectual property claims:
Subject to third party intellectual property claims, each Contributor hereby grants Youa world-wide, royalty-free, non-exclusive license
The Modifications which You create or to which You contribute are governed by the terms of this License, including without limitation Section 2.2 . TheSource Code version of Covered Code may be distributed only under the terms of this License or a future version of this License released under Section 6.1 ,and You must include a copy of this License with every copy of the Source Code Youdistribute. You may not offer or impose any terms on any Source Code version that alters orrestricts the applicable version of this License or the recipients' rights hereunder.However, You may include an additional document offering the additional rights described in Section 3.5 .
Any Modification which You create or to which You contribute must be made available inSource Code form under the terms of this License either on the same media as an Executableversion or via an accepted Electronic Distribution Mechanism to anyone to whom you made anExecutable version available; and if made available via Electronic Distribution Mechanism,must remain available for at least twelve (12) months after the date it initially becameavailable, or at least six (6) months after a subsequent version of that particularModification has been made available to such recipients. You are responsible for ensuringthat the Source Code version remains available even if the Electronic DistributionMechanism is maintained by a third party.
You must cause all Covered Code to which You contribute to contain a file documenting thechanges You made to create that Covered Code and the date of any change. You must include aprominent statement that the Modification is derived, directly or indirectly, from OriginalCode provided by the Initial Developer and including the name of the Initial Developer in(a) the Source Code, and (b) in any notice in an Executable version or related documentationin which You describe the origin or ownership of the Covered Code.
If Contributor has knowledge that a license under a third party's intellectual propertyrights is required to exercise the rights granted by such Contributor under Sections 2.1 or 2.2 , Contributor must include atext file with the Source Code distribution titled "LEGAL" which describes the claim and theparty making the claim in sufficient detail that a recipient will know whom to contact. IfContributor obtains such knowledge after the Modification is made available as described in Section 3.2 , Contributor shall promptly modify the LEGAL file inall copies Contributor makes available thereafter and shall take other steps (such asnotifying appropriate mailing lists or newsgroups) reasonably calculated to inform those whoreceived the Covered Code that new knowledge has been obtained.
If Contributor's Modifications include an application programming interface and Contributorhas knowledge of patent licenses which are reasonably necessary to implement that API , Contributor must also include this information in the legal file.
Contributor represents that, except as disclosed pursuant to Section 3.4 (a ) above, Contributor believes that Contributor's Modificationsare Contributor's original creation(s) and/or Contributor has sufficient rights to grant therights conveyed by this License.
You must duplicate the notice in Exhibit A in each file of theSource Code. If it is not possible to put such notice in a particular Source Code file due toits structure, then You must include such notice in a location (such as a relevant directory)where a user would be likely to look for such a notice. If You created one or moreModification(s) You may add your name as a Contributor to the notice described in Exhibit A . You must also duplicate this License in any documentationfor the Source Code where You describe recipients' rights or ownership rights relating toCovered Code. You may choose to offer, and to charge a fee for, warranty, support, indemnityor liability obligations to one or more recipients of Covered Code. However, You may do soonly on Your own behalf, and not on behalf of the Initial Developer or any Contributor. Youmust make it absolutely clear than any such warranty, support, indemnity or liabilityobligation is offered by You alone, and You hereby agree to indemnify the Initial Developerand every Contributor for any liability incurred by the Initial Developer or such Contributoras a result of warranty, support, indemnity or liability terms You offer.
You may distribute Covered Code in Executable form only if the requirements of Sections 3.1 , 3.2 , 3.3 , 3.4 and 3.5 have been met for that Covered Code, and if You include anotice stating that the Source Code version of the Covered Code is available under the termsof this License, including a description of how and where You have fulfilled the obligations of Section 3.2 . The notice must be conspicuously included in anynotice in an Executable version, related documentation or collateral in which You describerecipients' rights relating to the Covered Code. You may distribute the Executable version ofCovered Code or ownership rights under a license of Your choice, which may contain termsdifferent from this License, provided that You are in compliance with the terms of thisLicense and that the license for the Executable version does not attempt to limit or alter therecipient's rights in the Source Code version from the rights set forth in this License. IfYou distribute the Executable version under a different license You must make it absolutelyclear that any terms which differ from this License are offered by You alone, not by theInitial Developer or any Contributor. You hereby agree to indemnify the Initial Developer andevery Contributor for any liability incurred by the Initial Developer or such Contributor asa result of any such terms You offer.
You may create a Larger Work by combining Covered Code with other code not governed by theterms of this License and distribute the Larger Work as a single product. In such a case,You must make sure the requirements of this License are fulfilled for the Covered Code.
If it is impossible for You to comply with any of the terms of this License with respect tosome or all of the Covered Code due to statute, judicial order, or regulation then You must:(a) comply with the terms of this License to the maximum extent possible; and (b) describethe limitations and the code they affect. Such description must be included in the legal file described in Section 3.4 and must be included with all distributions of the Source Code.Except to the extent prohibited by statute or regulation, such description must besufficiently detailed for a recipient of ordinary skill to be able to understand it.
This License applies to code to which the Initial Developer has attached the notice in Exhibit A and to related Covered Code.
Netscape Communications Corporation ("Netscape") may publish revised and/or new versionsof the License from time to time. Each version will be given a distinguishing version number.
Once Covered Code has been published under a particular version of the License, You mayalways continue to use it under the terms of that version. You may also choose to use suchCovered Code under the terms of any subsequent version of the License published by Netscape.No one other than Netscape has the right to modify the terms applicable to Covered Codecreated under this License.
If You create or use a modified version of this License (which you may only do in order toapply it to code which is not already Covered Code governed by this License), You must (a)rename Your license so that the phrases "Mozilla", "MOZILLAPL", "MOZPL", "Netscape", "MPL","NPL" or any confusingly similar phrase do not appear in your license (except to note thatyour license differs from this License) and (b) otherwise make it clear that Your version ofthe license contains terms which differ from the Mozilla Public License and Netscape PublicLicense. (Filling in the name of the Initial Developer, Original Code or Contributor in the notice described in Exhibit A shall not of themselves be deemed tobe modifications of this License.)
Covered code is provided under this license on an "as is"basis, without warranty of any kind, either expressed or implied, including, withoutlimitation, warranties that the covered code is free of defects, merchantable, fit for aparticular purpose or non-infringing. The entire risk as to the quality and performance ofthe covered code is with you. Should any covered code prove defective in any respect, you(not the initial developer or any other contributor) assume the cost of any necessaryservicing, repair or correction. This disclaimer of warranty constitutes an essential partof this license. No use of any covered code is authorized hereunder except under this disclaimer.
8.1. This License and the rights granted hereunder will terminateautomatically if You fail to comply with terms herein and fail to cure such breachwithin 30 days of becoming aware of the breach. All sublicenses to the Covered Code whichare properly granted shall survive any termination of this License. Provisions which, bytheir nature, must remain in effect beyond the termination of this License shall survive.
8.2. If You initiate litigation by asserting a patent infringementclaim (excluding declatory judgment actions) against Initial Developer or a Contributor(the Initial Developer or Contributor against whom You file such action is referred toas "Participant") alleging that:
8.3. If You assert a patent infringement claim against Participantalleging that such Participant's Contributor Version directly or indirectly infringesany patent where such claim is resolved (such as by license or settlement) prior to theinitiation of patent infringement litigation, then the reasonable value of the licenses granted by such Participant under Sections 2.1 or 2.2 shall be taken into account in determining the amount orvalue of any payment or license.
8.4. In the event of termination under Sections 8.1 or 8.2 above, all end userlicense agreements (excluding distributors and resellers) which have been validlygranted by You or any distributor hereunder prior to termination shall survivetermination.
Under no circumstances and under no legal theory, whethertort (including negligence), contract, or otherwise, shall you, the initial developer,any other contributor, or any distributor of covered code, or any supplier of any ofsuch parties, be liable to any person for any indirect, special, incidental, orconsequential damages of any character including, without limitation, damages for lossof goodwill, work stoppage, computer failure or malfunction, or any and all othercommercial damages or losses, even if such party shall have been informed of thepossibility of such damages. This limitation of liability shall not apply to liabilityfor death or personal injury resulting from such party's negligence to the extentapplicable law prohibits such limitation. Some jurisdictions do not allow the exclusionor limitation of incidental or consequential damages, so this exclusion and limitation may not apply to you.
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 Usersacquire Covered Code with only those rights set forth herein.
This License represents the complete agreement concerning subject matter hereof. Ifany provision of this License is held to be unenforceable, such provision shall bereformed only to the extent necessary to make it enforceable. This License shall begoverned by California law provisions (except to the extent applicable law, if any,provides otherwise), excluding its conflict-of-law provisions. With respect todisputes in which at least one party is a citizen of, or an entity chartered orregistered to do business in the United States of America, any litigation relating tothis License shall be subject to the jurisdiction of the Federal Courts of theNorthern District of California, with venue lying in Santa Clara County, California,with the losing party responsible for costs, including without limitation, courtcosts and reasonable attorneys' fees and expenses. The application of the UnitedNations Convention on Contracts for the International Sale of Goods is expresslyexcluded. Any law or regulation which provides that the language of a contractshall be construed against the drafter shall not apply to this License.
As between Initial Developer and the Contributors, each party is responsible forclaims and damages arising, directly or indirectly, out of its utilization of rightsunder this License and You agree to work with Initial Developer and Contributors todistribute such responsibility on an equitable basis. Nothing herein is intended orshall be deemed to constitute any admission of liability.
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 .
"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 ofthe notices in the Source Code files of the Original Code. You shoulduse the text of this Exhibit A rather than the text found in the Original Code Source Code for Your Modifications.