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GNU LESSER GENERAL PUBLIC LICENSE |
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Version 2.1, February 1999 |
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Copyright (C) 1991, 1999 Free Software Foundation, Inc. |
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403 |
impose that choice. |
|
404 |
|
|
405 |
This section is intended to make thoroughly clear what is believed to |
|
406 |
be a consequence of the rest of this License. |
|
407 |
|
|
408 |
12. If the distribution and/or use of the Library is restricted in |
|
409 |
certain countries either by patents or by copyrighted interfaces, the |
|
410 |
original copyright holder who places the Library under this License |
|
411 |
may add an explicit geographical distribution limitation excluding those |
|
412 |
countries, so that distribution is permitted only in or among |
|
413 |
countries not thus excluded. In such case, this License incorporates |
|
414 |
the limitation as if written in the body of this License. |
|
415 |
|
|
416 |
13. The Free Software Foundation may publish revised and/or new |
|
417 |
versions of the Lesser General Public License from time to time. |
|
418 |
Such new versions will be similar in spirit to the present version, |
|
419 |
but may differ in detail to address new problems or concerns. |
|
420 |
|
|
421 |
Each version is given a distinguishing version number. If the Library |
|
422 |
specifies a version number of this License which applies to it and |
|
423 |
"any later version", you have the option of following the terms and |
|
424 |
conditions either of that version or of any later version published by |
|
425 |
the Free Software Foundation. If the Library does not specify a |
|
426 |
license version number, you may choose any version ever published by |
|
427 |
the Free Software Foundation. |
|
428 |
|
|
429 |
14. If you wish to incorporate parts of the Library into other free |
|
430 |
programs whose distribution conditions are incompatible with these, |
|
431 |
write to the author to ask for permission. For software which is |
|
432 |
copyrighted by the Free Software Foundation, write to the Free |
|
433 |
Software Foundation; we sometimes make exceptions for this. Our |
|
434 |
decision will be guided by the two goals of preserving the free status |
|
435 |
of all derivatives of our free software and of promoting the sharing |
|
436 |
and reuse of software generally. |
|
437 |
|
|
438 |
NO WARRANTY |
|
439 |
|
|
440 |
15. BECAUSE THE LIBRARY IS LICENSED FREE OF CHARGE, THERE IS NO |
|
441 |
WARRANTY FOR THE LIBRARY, TO THE EXTENT PERMITTED BY APPLICABLE LAW. |
|
442 |
EXCEPT WHEN OTHERWISE STATED IN WRITING THE COPYRIGHT HOLDERS AND/OR |
|
443 |
OTHER PARTIES PROVIDE THE LIBRARY "AS IS" WITHOUT WARRANTY OF ANY |
|
444 |
KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE |
|
445 |
IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR |
|
446 |
PURPOSE. THE ENTIRE RISK AS TO THE QUALITY AND PERFORMANCE OF THE |
|
447 |
LIBRARY IS WITH YOU. SHOULD THE LIBRARY PROVE DEFECTIVE, YOU ASSUME |
|
448 |
THE COST OF ALL NECESSARY SERVICING, REPAIR OR CORRECTION. |
|
449 |
|
|
450 |
16. IN NO EVENT UNLESS REQUIRED BY APPLICABLE LAW OR AGREED TO IN |
|
451 |
WRITING WILL ANY COPYRIGHT HOLDER, OR ANY OTHER PARTY WHO MAY MODIFY |
|
452 |
AND/OR REDISTRIBUTE THE LIBRARY AS PERMITTED ABOVE, BE LIABLE TO YOU |
|
453 |
FOR DAMAGES, INCLUDING ANY GENERAL, SPECIAL, INCIDENTAL OR |
|
454 |
CONSEQUENTIAL DAMAGES ARISING OUT OF THE USE OR INABILITY TO USE THE |
|
455 |
LIBRARY (INCLUDING BUT NOT LIMITED TO LOSS OF DATA OR DATA BEING |
|
456 |
RENDERED INACCURATE OR LOSSES SUSTAINED BY YOU OR THIRD PARTIES OR A |
|
457 |
FAILURE OF THE LIBRARY TO OPERATE WITH ANY OTHER SOFTWARE), EVEN IF |
|
458 |
SUCH HOLDER OR OTHER PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH |
|
459 |
DAMAGES. |
|
460 |
|
|
461 |
END OF TERMS AND CONDITIONS |
|
462 |
|
|
463 |
How to Apply These Terms to Your New Libraries |
|
464 |
|
|
465 |
If you develop a new library, and you want it to be of the greatest |
|
466 |
possible use to the public, we recommend making it free software that |
|
467 |
everyone can redistribute and change. You can do so by permitting |
|
468 |
redistribution under these terms (or, alternatively, under the terms |
|
469 |
of the ordinary General Public License). |
|
470 |
|
|
471 |
To apply these terms, attach the following notices to the library. |
|
472 |
It is safest to attach them to the start of each source file to most |
|
473 |
effectively convey the exclusion of warranty; and each file should |
|
474 |
have at least the "copyright" line and a pointer to where the full |
|
475 |
notice is found. |
|
476 |
|
|
477 |
|
|
478 |
<one line to give the library's name and a brief idea of what it does.> |
|
479 |
Copyright (C) <year> <name of author> |
|
480 |
|
|
481 |
This library is free software; you can redistribute it and/or |
|
482 |
modify it under the terms of the GNU Lesser General Public |
|
483 |
License as published by the Free Software Foundation; either |
|
484 |
version 2.1 of the License, or (at your option) any later version. |
|
485 |
|
|
486 |
This library is distributed in the hope that it will be useful, |
|
487 |
but WITHOUT ANY WARRANTY; without even the implied warranty of |
|
488 |
MERCHANTABILITY or FITNESS FOR A PARTICULAR PURPOSE. See the GNU |
|
489 |
Lesser General Public License for more details. |
|
490 |
|
|
491 |
You should have received a copy of the GNU Lesser General Public |
|
492 |
License along with this library; if not, write to the Free Software |
|
493 |
Foundation, Inc., 59 Temple Place, Suite 330, Boston, MA 02111-1307 USA |
|
494 |
|
|
495 |
Also add information on how to contact you by electronic and paper mail. |
|
496 |
|
|
497 |
You should also get your employer (if you work as a programmer) or |
|
498 |
your school, if any, to sign a "copyright disclaimer" for the library, |
|
499 |
if necessary. Here is a sample; alter the names: |
|
500 |
|
|
501 |
Yoyodyne, Inc., hereby disclaims all copyright interest in the |
|
502 |
library `Frob' (a library for tweaking knobs) written by James |
|
503 |
Random Hacker. |
|
504 |
|
|
505 |
<signature of Ty Coon>, 1 April 1990 |
|
506 |
Ty Coon, President of Vice |
|
507 |
|
|
508 |
That's all there is to it! |
|
509 |
|
|
510 |
-------------------------------------------------------------------------------- |
|
511 |
|
|
512 |
MOZILLA PUBLIC LICENSE |
|
513 |
Version 1.1 |
|
514 |
|
|
515 |
--------------- |
|
516 |
|
|
517 |
1. Definitions. |
|
518 |
|
|
519 |
1.0.1. "Commercial Use" means distribution or otherwise making the |
|
520 |
Covered Code available to a third party. |
|
521 |
|
|
522 |
1.1. "Contributor" means each entity that creates or contributes to |
|
523 |
the creation of Modifications. |
|
524 |
|
|
525 |
1.2. "Contributor Version" means the combination of the Original |
|
526 |
Code, prior Modifications used by a Contributor, and the Modifications |
|
527 |
made by that particular Contributor. |
|
528 |
|
|
529 |
1.3. "Covered Code" means the Original Code or Modifications or the |
|
530 |
combination of the Original Code and Modifications, in each case |
|
531 |
including portions thereof. |
|
532 |
|
|
533 |
1.4. "Electronic Distribution Mechanism" means a mechanism generally |
|
534 |
accepted in the software development community for the electronic |
|
535 |
transfer of data. |
|
536 |
|
|
537 |
1.5. "Executable" means Covered Code in any form other than Source |
|
538 |
Code. |
|
539 |
|
|
540 |
1.6. "Initial Developer" means the individual or entity identified |
|
541 |
as the Initial Developer in the Source Code notice required by Exhibit |
|
542 |
A. |
|
543 |
|
|
544 |
1.7. "Larger Work" means a work which combines Covered Code or |
|
545 |
portions thereof with code not governed by the terms of this License. |
|
546 |
|
|
547 |
1.8. "License" means this document. |
|
548 |
|
|
549 |
1.8.1. "Licensable" means having the right to grant, to the maximum |
|
550 |
extent possible, whether at the time of the initial grant or |
|
551 |
subsequently acquired, any and all of the rights conveyed herein. |
|
552 |
|
|
553 |
1.9. "Modifications" means any addition to or deletion from the |
|
554 |
substance or structure of either the Original Code or any previous |
|
555 |
Modifications. When Covered Code is released as a series of files, a |
|
556 |
Modification is: |
|
557 |
A. Any addition to or deletion from the contents of a file |
|
558 |
containing Original Code or previous Modifications. |
|
559 |
|
|
560 |
B. Any new file that contains any part of the Original Code or |
|
561 |
previous Modifications. |
|
562 |
|
|
563 |
1.10. "Original Code" means Source Code of computer software code |
|
564 |
which is described in the Source Code notice required by Exhibit A as |
|
565 |
Original Code, and which, at the time of its release under this |
|
566 |
License is not already Covered Code governed by this License. |
|
567 |
|
|
568 |
1.10.1. "Patent Claims" means any patent claim(s), now owned or |
|
569 |
hereafter acquired, including without limitation, method, process, |
|
570 |
and apparatus claims, in any patent Licensable by grantor. |
|
571 |
|
|
572 |
1.11. "Source Code" means the preferred form of the Covered Code for |
|
573 |
making modifications to it, including all modules it contains, plus |
|
574 |
any associated interface definition files, scripts used to control |
|
575 |
compilation and installation of an Executable, or source code |
|
576 |
differential comparisons against either the Original Code or another |
|
577 |
well known, available Covered Code of the Contributor's choice. The |
|
578 |
Source Code can be in a compressed or archival form, provided the |
|
579 |
appropriate decompression or de-archiving software is widely available |
|
580 |
for no charge. |
|
581 |
|
|
582 |
1.12. "You" (or "Your") means an individual or a legal entity |
|
583 |
exercising rights under, and complying with all of the terms of, this |
|
584 |
License or a future version of this License issued under Section 6.1. |
|
585 |
For legal entities, "You" includes any entity which controls, is |
|
586 |
controlled by, or is under common control with You. For purposes of |
|
587 |
this definition, "control" means (a) the power, direct or indirect, |
|
588 |
to cause the direction or management of such entity, whether by |
|
589 |
contract or otherwise, or (b) ownership of more than fifty percent |
|
590 |
(50%) of the outstanding shares or beneficial ownership of such |
|
591 |
entity. |
|
592 |
|
|
593 |
2. Source Code License. |
|
594 |
|
|
595 |
2.1. The Initial Developer Grant. |
|
596 |
The Initial Developer hereby grants You a world-wide, royalty-free, |
|
597 |
non-exclusive license, subject to third party intellectual property |
|
598 |
claims: |
|
599 |
(a) under intellectual property rights (other than patent or |
|
600 |
trademark) Licensable by Initial Developer to use, reproduce, |
|
601 |
modify, display, perform, sublicense and distribute the Original |
|
602 |
Code (or portions thereof) with or without Modifications, and/or |
|
603 |
as part of a Larger Work; and |
|
604 |
|
|
605 |
(b) under Patents Claims infringed by the making, using or |
|
606 |
selling of Original Code, to make, have made, use, practice, |
|
607 |
sell, and offer for sale, and/or otherwise dispose of the |
|
608 |
Original Code (or portions thereof). |
|
609 |
|
|
610 |
(c) the licenses granted in this Section 2.1(a) and (b) are |
|
611 |
effective on the date Initial Developer first distributes |
|
612 |
Original Code under the terms of this License. |
|
613 |
|
|
614 |
(d) Notwithstanding Section 2.1(b) above, no patent license is |
|
615 |
granted: 1) for code that You delete from the Original Code; 2) |
|
616 |
separate from the Original Code; or 3) for infringements caused |
|
617 |
by: i) the modification of the Original Code or ii) the |
|
618 |
combination of the Original Code with other software or devices. |
|
619 |
|
|
620 |
2.2. Contributor Grant. |
|
621 |
Subject to third party intellectual property claims, each Contributor |
|
622 |
hereby grants You a world-wide, royalty-free, non-exclusive license |
|
623 |
|
|
624 |
(a) under intellectual property rights (other than patent or |
|
625 |
trademark) Licensable by Contributor, to use, reproduce, modify, |
|
626 |
display, perform, sublicense and distribute the Modifications |
|
627 |
created by such Contributor (or portions thereof) either on an |
|
628 |
unmodified basis, with other Modifications, as Covered Code |
|
629 |
and/or as part of a Larger Work; and |
|
630 |
|
|
631 |
(b) under Patent Claims infringed by the making, using, or |
|
632 |
selling of Modifications made by that Contributor either alone |
|
633 |
and/or in combination with its Contributor Version (or portions |
|
634 |
of such combination), to make, use, sell, offer for sale, have |
|
635 |
made, and/or otherwise dispose of: 1) Modifications made by that |
|
636 |
Contributor (or portions thereof); and 2) the combination of |
|
637 |
Modifications made by that Contributor with its Contributor |
|
638 |
Version (or portions of such combination). |
|
639 |
|
|
640 |
(c) the licenses granted in Sections 2.2(a) and 2.2(b) are |
|
641 |
effective on the date Contributor first makes Commercial Use of |
|
642 |
the Covered Code. |
|
643 |
|
|
644 |
(d) Notwithstanding Section 2.2(b) above, no patent license is |
|
645 |
granted: 1) for any code that Contributor has deleted from the |
|
646 |
Contributor Version; 2) separate from the Contributor Version; |
|
647 |
3) for infringements caused by: i) third party modifications of |
|
648 |
Contributor Version or ii) the combination of Modifications made |
|
649 |
by that Contributor with other software (except as part of the |
|
650 |
Contributor Version) or other devices; or 4) under Patent Claims |
|
651 |
infringed by Covered Code in the absence of Modifications made by |
|
652 |
that Contributor. |
|
653 |
|
|
654 |
3. Distribution Obligations. |
|
655 |
|
|
656 |
3.1. Application of License. |
|
657 |
The Modifications which You create or to which You contribute are |
|
658 |
governed by the terms of this License, including without limitation |
|
659 |
Section 2.2. The Source Code version of Covered Code may be |
|
660 |
distributed only under the terms of this License or a future version |
|
661 |
of this License released under Section 6.1, and You must include a |
|
662 |
copy of this License with every copy of the Source Code You |
|
663 |
distribute. You may not offer or impose any terms on any Source Code |
|
664 |
version that alters or restricts the applicable version of this |
|
665 |
License or the recipients' rights hereunder. However, You may include |
|
666 |
an additional document offering the additional rights described in |
|
667 |
Section 3.5. |
|
668 |
|
|
669 |
3.2. Availability of Source Code. |
|
670 |
Any Modification which You create or to which You contribute must be |
|
671 |
made available in Source Code form under the terms of this License |
|
672 |
either on the same media as an Executable version or via an accepted |
|
673 |
Electronic Distribution Mechanism to anyone to whom you made an |
|
674 |
Executable version available; and if made available via Electronic |
|
675 |
Distribution Mechanism, must remain available for at least twelve (12) |
|
676 |
months after the date it initially became available, or at least six |
|
677 |
(6) months after a subsequent version of that particular Modification |
|
678 |
has been made available to such recipients. You are responsible for |
|
679 |
ensuring that the Source Code version remains available even if the |
|
680 |
Electronic Distribution Mechanism is maintained by a third party. |
|
681 |
|
|
682 |
3.3. Description of Modifications. |
|
683 |
You must cause all Covered Code to which You contribute to contain a |
|
684 |
file documenting the changes You made to create that Covered Code and |
|
685 |
the date of any change. You must include a prominent statement that |
|
686 |
the Modification is derived, directly or indirectly, from Original |
|
687 |
Code provided by the Initial Developer and including the name of the |
|
688 |
Initial Developer in (a) the Source Code, and (b) in any notice in an |
|
689 |
Executable version or related documentation in which You describe the |
|
690 |
origin or ownership of the Covered Code. |
|
691 |
|
|
692 |
3.4. Intellectual Property Matters |
|
693 |
(a) Third Party Claims. |
|
694 |
If Contributor has knowledge that a license under a third party's |
|
695 |
intellectual property rights is required to exercise the rights |
|
696 |
granted by such Contributor under Sections 2.1 or 2.2, |
|
697 |
Contributor must include a text file with the Source Code |
|
698 |
distribution titled "LEGAL" which describes the claim and the |
|
699 |
party making the claim in sufficient detail that a recipient will |
|
700 |
know whom to contact. If Contributor obtains such knowledge after |
|
701 |
the Modification is made available as described in Section 3.2, |
|
702 |
Contributor shall promptly modify the LEGAL file in all copies |
|
703 |
Contributor makes available thereafter and shall take other steps |
|
704 |
(such as notifying appropriate mailing lists or newsgroups) |
|
705 |
reasonably calculated to inform those who received the Covered |
|
706 |
Code that new knowledge has been obtained. |
|
707 |
|
|
708 |
(b) Contributor APIs. |
|
709 |
If Contributor's Modifications include an application programming |
|
710 |
interface and Contributor has knowledge of patent licenses which |
|
711 |
are reasonably necessary to implement that API, Contributor must |
|
712 |
also include this information in the LEGAL file. |
|
713 |
|
|
714 |
(c) Representations. |
|
715 |
Contributor represents that, except as disclosed pursuant to |
|
716 |
Section 3.4(a) above, Contributor believes that Contributor's |
|
717 |
Modifications are Contributor's original creation(s) and/or |
|
718 |
Contributor has sufficient rights to grant the rights conveyed by |
|
719 |
this License. |
|
720 |
|
|
721 |
3.5. Required Notices. |
|
722 |
You must duplicate the notice in Exhibit A in each file of the Source |
|
723 |
Code. If it is not possible to put such notice in a particular Source |
|
724 |
Code file due to its structure, then You must include such notice in a |
|
725 |
location (such as a relevant directory) where a user would be likely |
|
726 |
to look for such a notice. If You created one or more Modification(s) |
|
727 |
You may add your name as a Contributor to the notice described in |
|
728 |
Exhibit A. You must also duplicate this License in any documentation |
|
729 |
for the Source Code where You describe recipients' rights or ownership |
|
730 |
rights relating to Covered Code. You may choose to offer, and to |
|
731 |
charge a fee for, warranty, support, indemnity or liability |
|
732 |
obligations to one or more recipients of Covered Code. However, You |
|
733 |
may do so only on Your own behalf, and not on behalf of the Initial |
|
734 |
Developer or any Contributor. You must make it absolutely clear than |
|
735 |
any such warranty, support, indemnity or liability obligation is |
|
736 |
offered by You alone, and You hereby agree to indemnify the Initial |
|
737 |
Developer and every Contributor for any liability incurred by the |
|
738 |
Initial Developer or such Contributor as a result of warranty, |
|
739 |
support, indemnity or liability terms You offer. |
|
740 |
|
|
741 |
3.6. Distribution of Executable Versions. |
|
742 |
You may distribute Covered Code in Executable form only if the |
|
743 |
requirements of Section 3.1-3.5 have been met for that Covered Code, |
|
744 |
and if You include a notice stating that the Source Code version of |
|
745 |
the Covered Code is available under the terms of this License, |
|
746 |
including a description of how and where You have fulfilled the |
|
747 |
obligations of Section 3.2. The notice must be conspicuously included |
|
748 |
in any notice in an Executable version, related documentation or |
|
749 |
collateral in which You describe recipients' rights relating to the |
|
750 |
Covered Code. You may distribute the Executable version of Covered |
|
751 |
Code or ownership rights under a license of Your choice, which may |
|
752 |
contain terms different from this License, provided that You are in |
|
753 |
compliance with the terms of this License and that the license for the |
|
754 |
Executable version does not attempt to limit or alter the recipient's |
|
755 |
rights in the Source Code version from the rights set forth in this |
|
756 |
License. If You distribute the Executable version under a different |
|
757 |
license You must make it absolutely clear that any terms which differ |
|
758 |
from this License are offered by You alone, not by the Initial |
|
759 |
Developer or any Contributor. You hereby agree to indemnify the |
|
760 |
Initial Developer and every Contributor for any liability incurred by |
|
761 |
the Initial Developer or such Contributor as a result of any such |
|
762 |
terms You offer. |
|
763 |
|
|
764 |
3.7. Larger Works. |
|
765 |
You may create a Larger Work by combining Covered Code with other code |
|
766 |
not governed by the terms of this License and distribute the Larger |
|
767 |
Work as a single product. In such a case, You must make sure the |
|
768 |
requirements of this License are fulfilled for the Covered Code. |
|
769 |
|
|
770 |
4. Inability to Comply Due to Statute or Regulation. |
|
771 |
|
|
772 |
If it is impossible for You to comply with any of the terms of this |
|
773 |
License with respect to some or all of the Covered Code due to |
|
774 |
statute, judicial order, or regulation then You must: (a) comply with |
|
775 |
the terms of this License to the maximum extent possible; and (b) |
|
776 |
describe the limitations and the code they affect. Such description |
|
777 |
must be included in the LEGAL file described in Section 3.4 and must |
|
778 |
be included with all distributions of the Source Code. Except to the |
|
779 |
extent prohibited by statute or regulation, such description must be |
|
780 |
sufficiently detailed for a recipient of ordinary skill to be able to |
|
781 |
understand it. |
|
782 |
|
|
783 |
5. Application of this License. |
|
784 |
|
|
785 |
This License applies to code to which the Initial Developer has |
|
786 |
attached the notice in Exhibit A and to related Covered Code. |
|
787 |
|
|
788 |
6. Versions of the License. |
|
789 |
|
|
790 |
6.1. New Versions. |
|
791 |
Netscape Communications Corporation ("Netscape") may publish revised |
|
792 |
and/or new versions of the License from time to time. Each version |
|
793 |
will be given a distinguishing version number. |
|
794 |
|
|
795 |
6.2. Effect of New Versions. |
|
796 |
Once Covered Code has been published under a particular version of the |
|
797 |
License, You may always continue to use it under the terms of that |
|
798 |
version. You may also choose to use such Covered Code under the terms |
|
799 |
of any subsequent version of the License published by Netscape. No one |
|
800 |
other than Netscape has the right to modify the terms applicable to |
|
801 |
Covered Code created under this License. |
|
802 |
|
|
803 |
6.3. Derivative Works. |
|
804 |
If You create or use a modified version of this License (which you may |
|
805 |
only do in order to apply it to code which is not already Covered Code |
|
806 |
governed by this License), You must (a) rename Your license so that |
|
807 |
the phrases "Mozilla", "MOZILLAPL", "MOZPL", "Netscape", |
|
808 |
"MPL", "NPL" or any confusingly similar phrase do not appear in your |
|
809 |
license (except to note that your license differs from this License) |
|
810 |
and (b) otherwise make it clear that Your version of the license |
|
811 |
contains terms which differ from the Mozilla Public License and |
|
812 |
Netscape Public License. (Filling in the name of the Initial |
|
813 |
Developer, Original Code or Contributor in the notice described in |
|
814 |
Exhibit A shall not of themselves be deemed to be modifications of |
|
815 |
this License.) |
|
816 |
|
|
817 |
7. DISCLAIMER OF WARRANTY. |
|
818 |
|
|
819 |
COVERED CODE IS PROVIDED UNDER THIS LICENSE ON AN "AS IS" BASIS, |
|
820 |
WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING, |
|
821 |
WITHOUT LIMITATION, WARRANTIES THAT THE COVERED CODE IS FREE OF |
|
822 |
DEFECTS, MERCHANTABLE, FIT FOR A PARTICULAR PURPOSE OR NON-INFRINGING. |
|
823 |
THE ENTIRE RISK AS TO THE QUALITY AND PERFORMANCE OF THE COVERED CODE |
|
824 |
IS WITH YOU. SHOULD ANY COVERED CODE PROVE DEFECTIVE IN ANY RESPECT, |
|
825 |
YOU (NOT THE INITIAL DEVELOPER OR ANY OTHER CONTRIBUTOR) ASSUME THE |
|
826 |
COST OF ANY NECESSARY SERVICING, REPAIR OR CORRECTION. THIS DISCLAIMER |
|
827 |
OF WARRANTY CONSTITUTES AN ESSENTIAL PART OF THIS LICENSE. NO USE OF |
|
828 |
ANY COVERED CODE IS AUTHORIZED HEREUNDER EXCEPT UNDER THIS DISCLAIMER. |
|
829 |
|
|
830 |
8. TERMINATION. |
|
831 |
|
|
832 |
8.1. This License and the rights granted hereunder will terminate |
|
833 |
automatically if You fail to comply with terms herein and fail to cure |
|
834 |
such breach within 30 days of becoming aware of the breach. All |
|
835 |
sublicenses to the Covered Code which are properly granted shall |
|
836 |
survive any termination of this License. Provisions which, by their |
|
837 |
nature, must remain in effect beyond the termination of this License |
|
838 |
shall survive. |
|
839 |
|
|
840 |
8.2. If You initiate litigation by asserting a patent infringement |
|
841 |
claim (excluding declatory judgment actions) against Initial Developer |
|
842 |
or a Contributor (the Initial Developer or Contributor against whom |
|
843 |
You file such action is referred to as "Participant") alleging that: |
|
844 |
|
|
845 |
(a) such Participant's Contributor Version directly or indirectly |
|
846 |
infringes any patent, then any and all rights granted by such |
|
847 |
Participant to You under Sections 2.1 and/or 2.2 of this License |
|
848 |
shall, upon 60 days notice from Participant terminate prospectively, |
|
849 |
unless if within 60 days after receipt of notice You either: (i) |
|
850 |
agree in writing to pay Participant a mutually agreeable reasonable |
|
851 |
royalty for Your past and future use of Modifications made by such |
|
852 |
Participant, or (ii) withdraw Your litigation claim with respect to |
|
853 |
the Contributor Version against such Participant. If within 60 days |
|
854 |
of notice, a reasonable royalty and payment arrangement are not |
|
855 |
mutually agreed upon in writing by the parties or the litigation claim |
|
856 |
is not withdrawn, the rights granted by Participant to You under |
|
857 |
Sections 2.1 and/or 2.2 automatically terminate at the expiration of |
|
858 |
the 60 day notice period specified above. |
|
859 |
|
|
860 |
(b) any software, hardware, or device, other than such Participant's |
|
861 |
Contributor Version, directly or indirectly infringes any patent, then |
|
862 |
any rights granted to You by such Participant under Sections 2.1(b) |
|
863 |
and 2.2(b) are revoked effective as of the date You first made, used, |
|
864 |
sold, distributed, or had made, Modifications made by that |
|
865 |
Participant. |
|
866 |
|
|
867 |
8.3. If You assert a patent infringement claim against Participant |
|
868 |
alleging that such Participant's Contributor Version directly or |
|
869 |
indirectly infringes any patent where such claim is resolved (such as |
|
870 |
by license or settlement) prior to the initiation of patent |
|
871 |
infringement litigation, then the reasonable value of the licenses |
|
872 |
granted by such Participant under Sections 2.1 or 2.2 shall be taken |
|
873 |
into account in determining the amount or value of any payment or |
|
874 |
license. |
|
875 |
|
|
876 |
8.4. In the event of termination under Sections 8.1 or 8.2 above, |
|
877 |
all end user license agreements (excluding distributors and resellers) |
|
878 |
which have been validly granted by You or any distributor hereunder |
|
879 |
prior to termination shall survive termination. |
|
880 |
|
|
881 |
9. LIMITATION OF LIABILITY. |
|
882 |
|
|
883 |
UNDER NO CIRCUMSTANCES AND UNDER NO LEGAL THEORY, WHETHER TORT |
|
884 |
(INCLUDING NEGLIGENCE), CONTRACT, OR OTHERWISE, SHALL YOU, THE INITIAL |
|
885 |
DEVELOPER, ANY OTHER CONTRIBUTOR, OR ANY DISTRIBUTOR OF COVERED CODE, |
|
886 |
OR ANY SUPPLIER OF ANY OF SUCH PARTIES, BE LIABLE TO ANY PERSON FOR |
|
887 |
ANY INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES OF ANY |
|
888 |
CHARACTER INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF GOODWILL, |
|
889 |
WORK STOPPAGE, COMPUTER FAILURE OR MALFUNCTION, OR ANY AND ALL OTHER |
|
890 |
COMMERCIAL DAMAGES OR LOSSES, EVEN IF SUCH PARTY SHALL HAVE BEEN |
|
891 |
INFORMED OF THE POSSIBILITY OF SUCH DAMAGES. THIS LIMITATION OF |
|
892 |
LIABILITY SHALL NOT APPLY TO LIABILITY FOR DEATH OR PERSONAL INJURY |
|
893 |
RESULTING FROM SUCH PARTY'S NEGLIGENCE TO THE EXTENT APPLICABLE LAW |
|
894 |
PROHIBITS SUCH LIMITATION. SOME JURISDICTIONS DO NOT ALLOW THE |
|
895 |
EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO |
|
896 |
THIS EXCLUSION AND LIMITATION MAY NOT APPLY TO YOU. |
|
897 |
|
|
898 |
10. U.S. GOVERNMENT END USERS. |
|
899 |
|
|
900 |
The Covered Code is a "commercial item," as that term is defined in |
|
901 |
48 C.F.R. 2.101 (Oct. 1995), consisting of "commercial computer |
|
902 |
software" and "commercial computer software documentation," as such |
|
903 |
terms are used in 48 C.F.R. 12.212 (Sept. 1995). Consistent with 48 |
|
904 |
C.F.R. 12.212 and 48 C.F.R. 227.7202-1 through 227.7202-4 (June 1995), |
|
905 |
all U.S. Government End Users acquire Covered Code with only those |
|
906 |
rights set forth herein. |
|
907 |
|
|
908 |
11. MISCELLANEOUS. |
|
909 |
|
|
910 |
This License represents the complete agreement concerning subject |
|
911 |
matter hereof. If any provision of this License is held to be |
|
912 |
unenforceable, such provision shall be reformed only to the extent |
|
913 |
necessary to make it enforceable. This License shall be governed by |
|
914 |
California law provisions (except to the extent applicable law, if |
|
915 |
any, provides otherwise), excluding its conflict-of-law provisions. |
|
916 |
With respect to disputes in which at least one party is a citizen of, |
|
917 |
or an entity chartered or registered to do business in the United |
|
918 |
States of America, any litigation relating to this License shall be |
|
919 |
subject to the jurisdiction of the Federal Courts of the Northern |
|
920 |
District of California, with venue lying in Santa Clara County, |
|
921 |
California, with the losing party responsible for costs, including |
|
922 |
without limitation, court costs and reasonable attorneys' fees and |
|
923 |
expenses. The application of the United Nations Convention on |
|
924 |
Contracts for the International Sale of Goods is expressly excluded. |
|
925 |
Any law or regulation which provides that the language of a contract |
|
926 |
shall be construed against the drafter shall not apply to this |
|
927 |
License. |
|
928 |
|
|
929 |
12. RESPONSIBILITY FOR CLAIMS. |
|
930 |
|
|
931 |
As between Initial Developer and the Contributors, each party is |
|
932 |
responsible for claims and damages arising, directly or indirectly, |
|
933 |
out of its utilization of rights under this License and You agree to |
|
934 |
work with Initial Developer and Contributors to distribute such |
|
935 |
responsibility on an equitable basis. Nothing herein is intended or |
|
936 |
shall be deemed to constitute any admission of liability. |
|
937 |
|
|
938 |
13. MULTIPLE-LICENSED CODE. |
|
939 |
|
|
940 |
Initial Developer may designate portions of the Covered Code as |
|
941 |
"Multiple-Licensed". "Multiple-Licensed" means that the Initial |
|
942 |
Developer permits you to utilize portions of the Covered Code under |
|
943 |
Your choice of the NPL or the alternative licenses, if any, specified |
|
944 |
by the Initial Developer in the file described in Exhibit A. |
|
945 |
|
|
946 |
EXHIBIT A -Mozilla Public License. |
|
947 |
|
|
948 |
``The contents of this file are subject to the Mozilla Public License |
|
949 |
Version 1.1 (the "License"); you may not use this file except in |
|
950 |
compliance with the License. You may obtain a copy of the License at |
|
951 |
http://www.mozilla.org/MPL/ |
|
952 |
|
|
953 |
Software distributed under the License is distributed on an "AS IS" |
|
954 |
basis, WITHOUT WARRANTY OF ANY KIND, either express or implied. See the |
|
955 |
License for the specific language governing rights and limitations |
|
956 |
under the License. |
|
957 |
|
|
958 |
The Original Code is ______________________________________. |
|
959 |
|
|
960 |
The Initial Developer of the Original Code is ________________________. |
|
961 |
Portions created by ______________________ are Copyright (C) ______ |
|
962 |
_______________________. All Rights Reserved. |
|
963 |
|
|
964 |
Contributor(s): ______________________________________. |
|
965 |
|
|
966 |
Alternatively, the contents of this file may be used under the terms |
|
967 |
of the _____ license (the "[___] License"), in which case the |
|
968 |
provisions of [______] License are applicable instead of those |
|
969 |
above. If you wish to allow use of your version of this file only |
|
970 |
under the terms of the [____] License and not to allow others to use |
|
971 |
your version of this file under the MPL, indicate your decision by |
|
972 |
deleting the provisions above and replace them with the notice and |
|
973 |
other provisions required by the [___] License. If you do not delete |
|
974 |
the provisions above, a recipient may use your version of this file |
|
975 |
under either the MPL or the [___] License." |
|
976 |
|
|
977 |
[NOTE: The text of this Exhibit A may differ slightly from the text of |
|
978 |
the notices in the Source Code files of the Original Code. You should |
|
979 |
use the text of this Exhibit A rather than the text found in the |
|
980 |
Original Code Source Code for Your Modifications.] |
|
981 |
|