path: root/v2/licenses/NPL-1.1.txt

Netscape Public LIcense version 1.1

AMENDMENTS

The Netscape Public License Version 1.1 ("NPL") consists of the Mozilla Public
License Version 1.1 with the following Amendments, including Exhibit
A-Netscape Public License.  Files identified with "Exhibit A-Netscape Public
License" are governed by the Netscape Public License Version 1.1.

Additional Terms applicable to the Netscape Public License.

I. Effect.

These additional terms described in this Netscape Public License -- Amendments
shall apply to the Mozilla Communicator client code and to all Covered Code
under this License.

II. "Netscape's Branded Code" means Covered Code that Netscape
distributes and/or permits others to distribute under one or more trademark(s)
which are controlled by Netscape but which are not licensed for use under this
License.

III. Netscape and logo. 
 This License does not grant any rights to use the
trademarks "Netscape", the "Netscape N and horizon" logo or the "Netscape
lighthouse" logo, "Netcenter", "Gecko", "Java" or "JavaScript", "Smart
Browsing" even if such marks are included in the Original Code or
Modifications.

IV. Inability to Comply Due to Contractual Obligation. 
 Prior to licensing
the Original Code under this License, Netscape has licensed third party code
for use in Netscape's Branded Code. To the extent that Netscape is
limited contractually from making such third party code available under this
License, Netscape may choose to reintegrate such code into Covered Code
without being required to distribute such code in Source Code form, even if
such code would otherwise be considered "Modifications" under this License.

V. Use of Modifications and Covered Code by Initial Developer.

V.1. In General.

The obligations of Section 3 apply to Netscape, except to the extent specified
in this Amendment, Section V.2 and V.3.

V.2. Other Products. 
 Netscape may include Covered Code in products other
than the Netscape's Branded Code which are released by Netscape during
the two (2) years following the release date of the Original Code, without
such additional products becoming subject to the terms of this License, and
may license such additional products on different terms from those contained
in this License.

V.3. Alternative Licensing. 
 Netscape may license the Source Code of
Netscape's Branded Code, including Modifications incorporated therein,
without such Netscape Branded Code becoming subject to the terms of this
License, and may license such Netscape Branded Code on different terms from
those contained in this License.

VI. Litigation.

Notwithstanding the limitations of Section 11 above, the provisions regarding
litigation in Section 11(a), (b) and (c) of the License shall apply to all
disputes relating to this License.


EXHIBIT A-Netscape Public License.


"The contents of this file are subject to the Netscape 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/NPL/

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 Mozilla Communicator client code, released March 31,
1998.

The Initial Developer of the Original Code is Netscape Communications
Corporation. Portions created by Netscape are Copyright (C) 1998-1999 Netscape
Communications Corporation. 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 NPL, 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 NPL or the [___] License."


Mozilla Public License Version 1.1

1. Definitions. 

1.0.1. "Commercial Use" 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:

Any addition to or deletion from the contents of a file containing Original
Code or previous Modifications.

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 grantor.

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 YOU, THE INITIAL DEVELOPER, ANY
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.