means distribution or otherwise making the Covered Code
available to a third party.
1.1. "Contributor"
means each entity that creates or contributes to the creation
of Modifications.
1.2. "Contributor Version"
means the combination of the Original Code, prior
Modifications used by a Contributor, and the Modifications made by that
particular Contributor.
1.3. "Covered Code"
means the Original Code or Modifications or the combination
of the Original Code and Modifications, in each case including portions
thereof.
1.4. "Electronic Distribution Mechanism"
means a mechanism generally accepted in the software
development community for the electronic transfer of data.
1.5. "Executable"
means Covered Code in any form other than Source Code.
1.6. "Initial Developer"
means the individual or entity
identified as the Initial Developer in the Source Code notice required by
Exhibit
A.
1.7. "Larger Work"
means a work which combines Covered Code or portions thereof
with code not governed by the terms of this License.
1.8. "License"
means this document.
1.8.1. "Licensable"
means having the right to grant, to the maximum extent
possible, whether at the time of the initial grant or subsequently acquired,
any and all of the rights conveyed herein.
1.9. "Modifications"
means any addition to or deletion from the substance or
structure of either the Original Code or any previous Modifications. When
Covered Code is released as a series of files, a Modification is:
a.
Any addition to or deletion from the contents of a file
containing Original Code or previous Modifications.
b.
Any new file that contains any part of the Original Code or
previous Modifications.
1.10. "Original Code"
means Source Code of computer software
code which is described in the Source Code notice required by
Exhibit
A
as Original Code, and which, at the time of its release under this License
is not already Covered Code governed by this License.
1.10.1. "Patent Claims"
means any patent claim(s), now owned or hereafter acquired,
including without limitation, method, process, and apparatus claims, in any
patent Licensable by IDRC.
1.11. "Source Code"
means the preferred form of the Covered Code for making
modifications to it, including all modules it contains, plus any associated
interface definition files, scripts used to control compilation and
installation of an Executable, or source code differential comparisons
against either the Original Code or another well known, available Covered
Code of the Contributor's choice. The Source Code can be in a compressed or
archival form, provided the appropriate decompression or de-archiving
software is widely available for no charge.
1.12. "You" (or "Your")
means an individual or a legal entity
exercising rights under, and complying with all of the terms of, this
License or a future version of this License issued under
Section
6.1.
For legal entities, "You" includes any entity which controls, is controlled
by, or is under common control with You. For purposes of this definition,
"control" means (a) the power, direct or indirect, to cause the direction or
management of such entity, whether by contract or otherwise, or (b)
ownership of more than fifty percent (50%) of the outstanding shares or
beneficial ownership of such entity.
2.
Source Code License.
2.1. The Initial Developer Grant.
The Initial Developer hereby grants You a world-wide,
royalty-free, non-exclusive license, subject to third party intellectual
property claims:
a.
under intellectual property rights (other than patent or
trademark) Licensable by Initial Developer to use, reproduce, modify,
display, perform, sublicense and distribute the Original Code (or portions
thereof) with or without Modifications, and/or as part of a Larger Work; and
b.
under Patents Claims infringed by the making, using or
selling of Original Code, to make, have made, use, practice, sell, and offer
for sale, and/or otherwise dispose of the Original Code (or portions
thereof).
c.
the licenses granted in this
Section 2.1 (a)
and (b)
are effective on the date Initial Developer first distributes Original Code
under the terms of this License.
d.
Notwithstanding Section 2.1 (b)
above, no patent license is granted: 1) for code that You delete from the
Original Code; 2) separate from the Original Code; or 3) for infringements
caused by: i) the modification of the Original Code or ii) the combination
of the Original Code with other software or devices.
2.2. Contributor Grant.
Subject to third party intellectual property claims, each
Contributor hereby grants You a world-wide, royalty-free, non-exclusive
license
a.
under intellectual property rights (other than patent or
trademark) Licensable by Contributor, to use, reproduce, modify, display,
perform, sublicense and distribute the Modifications created by such
Contributor (or portions thereof) either on an unmodified basis, with other
Modifications, as Covered Code and/or as part of a Larger Work; and
b.
under Patent Claims infringed by the making, using, or
selling of Modifications made by that Contributor either alone and/or in
combination with its Contributor Version (or portions of such combination),
to make, use, sell, offer for sale, have made, and/or otherwise dispose of:
1) Modifications made by that Contributor (or portions thereof); and 2) the
combination of Modifications made by that Contributor with its Contributor
Version (or portions of such combination).
c.
the licenses granted in
Sections 2.2 (a)
and 2.2 (b)
are effective on the date Contributor first makes Commercial Use of the
Covered Code.
d.
Notwithstanding Section 2.2 (b)
above, no patent license is granted: 1) for any code that Contributor has
deleted from the Contributor Version; 2) separate from the Contributor
Version; 3) for infringements caused by: i) third party modifications of
Contributor Version or ii) the combination of Modifications made by that
Contributor with other software (except as part of the Contributor Version)
or other devices; or 4) under Patent Claims infringed by Covered Code in the
absence of Modifications made by that Contributor.
3.
Distribution Obligations.
3.1. Application of 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.
The Source 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 You distribute. You may not offer or impose any terms on any Source
Code version that alters or restricts 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.
3.2. Availability of Source Code.
Any Modification which You create or to which You contribute
must be made available in Source Code form under the terms of this License
either on the same media as an Executable version or via an accepted
Electronic Distribution Mechanism to anyone to whom you made an Executable
version available; and if made available via Electronic Distribution
Mechanism, must remain available for at least twelve (12) months after the
date it initially became available, or at least six (6) months after a
subsequent version of that particular Modification has been made available
to such recipients. You are responsible for ensuring that the Source Code
version remains available even if the Electronic Distribution Mechanism is
maintained by a third party.
3.3. Description of Modifications.
You must cause all Covered Code to which You contribute to
contain a file documenting the changes You made to create that Covered Code
and the date of any change. You must include a prominent statement that the
Modification is derived, directly or indirectly, from Original Code 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 documentation in which You describe the origin or ownership of the
Covered Code.
3.4. Intellectual Property Matters
(a) Third Party Claims
If Contributor has knowledge that a
license under a third party's intellectual property rights is required to
exercise the rights granted by such Contributor under Sections
2.1
or
2.2,
Contributor must include a text file with the Source Code distribution
titled "LEGAL" which describes the claim and the party making the claim in
sufficient detail that a recipient will know whom to contact. If Contributor
obtains such knowledge after the Modification is made available as described
in Section
3.2,
Contributor shall promptly modify the LEGAL file in all copies Contributor
makes available thereafter and shall take other steps (such as notifying
appropriate mailing lists or newsgroups) reasonably calculated to inform
those who received the Covered Code that new knowledge has been obtained.
(b) Contributor APIs
If Contributor's Modifications include
an application programming interface and Contributor has knowledge of patent
licenses which are reasonably necessary to implement that API, Contributor
must also include this information in the
legal
file.
(c) Representations.
Contributor represents that, except as
disclosed pursuant to Section 3.4 (a)
above, Contributor believes that Contributor's Modifications are
Contributor's original creation(s) and/or Contributor has sufficient rights
to grant the rights conveyed by this License.
3.5. Required Notices.
You must duplicate the notice in
Exhibit
A
in each file of the Source Code. If it is not possible to put such notice in
a particular Source Code file due to its 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 more
Modification(s) You may add your name as a Contributor to the notice
described in
Exhibit
A.
You must also duplicate this License in any documentation for the Source
Code where You describe recipients' rights or ownership rights relating to
Covered Code. You may choose to offer, and to charge a fee for, warranty,
support, indemnity or liability obligations to one or more recipients of
Covered Code. However, You may do so only on Your own behalf, and not on
behalf of the Initial Developer or any Contributor. You must make it
absolutely clear than any such warranty, support, indemnity or liability
obligation is offered by You alone, and You hereby agree to indemnify the
Initial Developer and every Contributor for any liability incurred by the
Initial Developer or such Contributor as a result of warranty, support,
indemnity or liability terms You offer.
3.6. Distribution of Executable Versions.
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 a notice stating
that the Source Code version of the Covered Code is available under the
terms of 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 any notice in an Executable
version, related documentation or collateral in which You describe
recipients' rights relating to the Covered Code. You may distribute the
Executable version of Covered Code or ownership rights under a license of
Your choice, which may contain terms different from this License, provided
that You are in compliance with the terms of this License and that the
license for the Executable version does not attempt to limit or alter the
recipient's rights in the Source Code version from the rights set forth in
this License. If You distribute the Executable version under a different
license You must make it absolutely clear that any terms which differ from
this License are offered by You alone, not by the Initial Developer or any
Contributor. You hereby agree to indemnify the Initial Developer and every
Contributor for any liability incurred by the Initial Developer or such
Contributor as a result of any such terms You offer.
3.7. Larger Works.
You may create a Larger Work by combining Covered Code with
other code not governed by the terms 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.
4.
Inability to Comply Due to Statute or Regulation.
If it is impossible for You to comply
with any of the terms of this License with respect to some 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) describe the 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 be
sufficiently detailed for a recipient of ordinary skill to be able to
understand it.
5.
Application of this License.
This License applies to code to which
the Initial Developer has attached the notice in
Exhibit
A
and to related Covered Code.
6.
Versions of the License.
6.1. New Versions
Netscape Communications Corporation ("Netscape") may publish
revised and/or new versions of the License from time to time. Each version
will be given a distinguishing version number.
6.2. Effect of New Versions
Once Covered Code has been published under a particular
version of the License, You may always continue to use it under the terms of
that version. You may also choose to use such Covered 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 Code
created under this License.
6.3. Derivative Works
If You create or use a modified version
of this License (which you may only do in order to apply 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 that your license differs from this License) and (b)
otherwise make it clear that Your version of the license contains terms
which differ from the Mozilla Public License and Netscape Public License.
(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 to be modifications of this License.)
7.
Disclaimer of warranty
Covered code is provided under this license on an "as is"
basis, without warranty of any kind, either expressed or implied, including,
without limitation, warranties that the covered code is free of defects,
merchantable, fit for a particular purpose or non-infringing. The entire
risk as to the quality and performance of the 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 necessary
servicing, repair or correction. This disclaimer of warranty constitutes an
essential part of this license. No use of any covered code is authorized
hereunder except under this disclaimer.
8.
Termination
8.1. This License and the rights granted hereunder will
terminate automatically if You fail to comply with terms herein and fail to
cure such breach within 30 days of becoming aware of the breach. All
sublicenses to the Covered Code which are properly granted shall survive any
termination of this License. Provisions which, by their nature, must remain
in effect beyond the termination of this License shall survive.
8.2. If You initiate litigation by asserting a patent
infringement claim (excluding declatory judgment actions) against Initial
Developer or a Contributor (the Initial Developer or Contributor against
whom You file such action is referred to as "Participant") alleging that:
a.
such Participant's
Contributor Version directly or indirectly infringes any patent, then any
and all rights granted by such Participant to You under Sections
2.1
and/or
2.2
of this License shall, upon 60 days notice from Participant terminate
prospectively, unless if within 60 days after receipt of notice You either:
(i) agree in writing to pay Participant a mutually agreeable reasonable
royalty for Your past and future use of Modifications made by such
Participant, or (ii) withdraw Your litigation claim with respect to the
Contributor Version against such Participant. If within 60 days of notice, a
reasonable royalty and payment arrangement are not mutually agreed upon in
writing by the parties or the litigation claim is not withdrawn, the rights
granted by Participant to You under Sections
2.1
and/or
2.2
automatically terminate at the expiration of the 60 day notice period
specified above.
b.
any software, hardware, or
device, other than such Participant's Contributor Version, directly or
indirectly infringes any patent, then any rights granted to You by such
Participant under Sections 2.1(b)
and 2.2(b)
are revoked effective as of the date You first made, used, sold,
distributed, or had made, Modifications made by that Participant.
8.3. If You assert a patent
infringement claim against Participant alleging that such Participant's
Contributor Version directly or indirectly infringes any patent where such
claim is resolved (such as by license or settlement) prior to the initiation
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 or value of any
payment or license.
8.4. In the event of termination under
Sections
8.1
or
8.2
above, all end user license agreements (excluding distributors and
resellers) which have been validly granted by You or any distributor
hereunder prior to termination shall survive termination.
9.
Limitation of liability
Under no circumstances and under no legal theory, whether
tort (including negligence), contract, or otherwise, shall IDRC, NUCES AND
COLLABORATING INSTITUIONS, 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
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.
