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389 lines
27 KiB
389 lines
27 KiB
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<title>Mozilla Public License version 1.1</title> |
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<p><small>(<a href="MPL-1.1.txt">Plain text version</a>)</p> |
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<h1>Mozilla Public License Version 1.1</h1> |
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<h2 id="section-1">1. Definitions.</h2> |
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<dl> |
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<dt id="section-1.0.1">1.0.1. "Commercial Use" |
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<dd>means distribution or otherwise making the Covered Code available to a third party. |
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<dt id="section-1.1">1.1. "Contributor" |
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<dd>means each entity that creates or contributes to the creation of Modifications. |
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<dt id="section-1.2">1.2. "Contributor Version" |
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<dd>means the combination of the Original Code, prior Modifications used by a Contributor, |
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and the Modifications made by that particular Contributor. |
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<dt id="section-1.3">1.3. "Covered Code" |
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<dd>means the Original Code or Modifications or the combination of the Original Code and |
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Modifications, in each case including portions thereof. |
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<dt id="section-1.4">1.4. "Electronic Distribution Mechanism" |
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<dd>means a mechanism generally accepted in the software development community for the |
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electronic transfer of data. |
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<dt id="section-1.5">1.5. "Executable" |
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<dd>means Covered Code in any form other than Source Code. |
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<dt id="section-1.6">1.6. "Initial Developer" |
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<dd>means the individual or entity identified as the Initial Developer in the Source Code |
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notice required by <a href="#exhibit-a">Exhibit A</a>. |
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<dt id="section-1.7">1.7. "Larger Work" |
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<dd>means a work which combines Covered Code or portions thereof with code not governed |
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by the terms of this License. |
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<dt id="section-1.8">1.8. "License" |
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<dd>means this document. |
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<dt id="section-1.8.1">1.8.1. "Licensable" |
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<dd>means having the right to grant, to the maximum extent possible, whether at the |
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time of the initial grant or subsequently acquired, any and all of the rights |
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conveyed herein. |
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<dt id="section-1.9">1.9. "Modifications" |
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<dd> |
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<p>means any addition to or deletion from the substance or structure of either the |
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Original Code or any previous Modifications. When Covered Code is released as a |
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series of files, a Modification is: |
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<ol type="a"> |
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<li id="section-1.9-a">Any addition to or deletion from the contents of a file |
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containing Original Code or previous Modifications. |
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<li id="section-1.9-b">Any new file that contains any part of the Original Code or |
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previous Modifications. |
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</ol> |
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<dt id="section-1.10">1.10. "Original Code" |
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<dd>means Source Code of computer software code which is described in the Source Code |
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notice required by <a href="#exhibit-a">Exhibit A</a> as Original Code, and which, |
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at the time of its release under this License is not already Covered Code governed |
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by this License. |
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<dt id="section-1.10.1">1.10.1. "Patent Claims" |
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<dd>means any patent claim(s), now owned or hereafter acquired, including without |
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limitation, method, process, and apparatus claims, in any patent Licensable by |
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grantor. |
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<dt id="section-1.11">1.11. "Source Code" |
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<dd>means the preferred form of the Covered Code for making modifications to it, |
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including all modules it contains, plus any associated interface definition files, |
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scripts used to control compilation and installation of an Executable, or source |
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code differential comparisons against either the Original Code or another well known, |
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available Covered Code of the Contributor's choice. The Source Code can be in a |
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compressed or archival form, provided the appropriate decompression or de-archiving |
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software is widely available for no charge. |
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<dt id="section-1.12">1.12. "You" (or "Your") |
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<dd>means an individual or a legal entity exercising rights under, and complying with |
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all of the terms of, this License or a future version of this License issued under |
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<a href="#section-6.1">Section 6.1.</a> For legal entities, "You" includes any entity |
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which controls, is controlled by, or is under common control with You. For purposes of |
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this definition, "control" means (a) the power, direct or indirect, to cause the |
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direction or management of such entity, whether by contract or otherwise, or (b) |
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ownership of more than fifty percent (50%) of the outstanding shares or beneficial |
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ownership of such entity. |
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</dl> |
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<h2 id="section-2">2. Source Code License.</h2> |
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<h3 id="section-2.1">2.1. The Initial Developer Grant.</h3> |
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<p>The Initial Developer hereby grants You a world-wide, royalty-free, non-exclusive |
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license, subject to third party intellectual property claims: |
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<ol type="a"> |
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<li id="section-2.1-a">under intellectual property rights (other than patent or |
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trademark) Licensable by Initial Developer to use, reproduce, modify, display, perform, |
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sublicense and distribute the Original Code (or portions thereof) with or without |
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Modifications, and/or as part of a Larger Work; and |
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<li id="section-2.1-b">under Patents Claims infringed by the making, using or selling |
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of Original Code, to make, have made, use, practice, sell, and offer for sale, and/or |
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otherwise dispose of the Original Code (or portions thereof). |
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<li id="section-2.1-c">the licenses granted in this Section 2.1 |
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(<a href="#section-2.1-a">a</a>) and (<a href="#section-2.1-b">b</a>) are effective on |
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the date Initial Developer first distributes Original Code under the terms of this |
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License. |
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<li id="section-2.1-d">Notwithstanding Section 2.1 (<a href="#section-2.1-b">b</a>) |
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above, no patent license is granted: 1) for code that You delete from the Original Code; |
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2) separate from the Original Code; or 3) for infringements caused by: i) the |
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modification of the Original Code or ii) the combination of the Original Code with other |
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software or devices. |
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</ol> |
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<h3 id="section-2.2">2.2. Contributor Grant.</h3> |
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<p>Subject to third party intellectual property claims, each Contributor hereby grants You |
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a world-wide, royalty-free, non-exclusive license |
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<ol type="a"> |
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<li id="section-2.2-a">under intellectual property rights (other than patent or trademark) |
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Licensable by Contributor, to use, reproduce, modify, display, perform, sublicense and |
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distribute the Modifications created by such Contributor (or portions thereof) either on |
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an unmodified basis, with other Modifications, as Covered Code and/or as part of a Larger |
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Work; and |
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<li id="section-2.2-b">under Patent Claims infringed by the making, using, or selling of |
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Modifications made by that Contributor either alone and/or in combination with its |
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Contributor Version (or portions of such combination), to make, use, sell, offer for |
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sale, have made, and/or otherwise dispose of: 1) Modifications made by that Contributor |
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(or portions thereof); and 2) the combination of Modifications made by that Contributor |
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with its Contributor Version (or portions of such combination). |
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<li id="section-2.2-c">the licenses granted in Sections 2.2 |
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(<a href="#section-2.2-a">a</a>) and 2.2 (<a href="#section-2.2-b">b</a>) are effective |
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on the date Contributor first makes Commercial Use of the Covered Code. |
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<li id="section-2.2-d">Notwithstanding Section 2.2 (<a href="#section-2.2-b">b</a>) |
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above, no patent license is granted: 1) for any code that Contributor has deleted from |
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the Contributor Version; 2) separate from the Contributor Version; 3) for infringements |
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caused by: i) third party modifications of Contributor Version or ii) the combination of |
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Modifications made by that Contributor with other software (except as part of the |
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Contributor Version) or other devices; or 4) under Patent Claims infringed by Covered Code |
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in the absence of Modifications made by that Contributor. |
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</ol> |
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<h2 id="section-3">3. Distribution Obligations.</h2> |
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<h3 id="section-3.1">3.1. Application of License.</h3> |
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<p>The Modifications which You create or to which You contribute are governed by the terms |
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of this License, including without limitation Section <a href="#section-2.2">2.2</a>. The |
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Source Code version of Covered Code may be distributed only under the terms of this License |
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or a future version of this License released under Section <a href="#section-6.1">6.1</a>, |
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and You must include a copy of this License with every copy of the Source Code You |
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distribute. You may not offer or impose any terms on any Source Code version that alters or |
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restricts the applicable version of this License or the recipients' rights hereunder. |
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However, You may include an additional document offering the additional rights described in |
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Section <a href="#section-3.5">3.5</a>. |
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<h3 id="section-3.2">3.2. Availability of Source Code.</h3> |
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<p>Any Modification which You create or to which You contribute must be made available in |
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Source Code form under the terms of this License either on the same media as an Executable |
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version or via an accepted Electronic Distribution Mechanism to anyone to whom you made an |
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Executable version available; and if made available via Electronic Distribution Mechanism, |
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must remain available for at least twelve (12) months after the date it initially became |
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available, or at least six (6) months after a subsequent version of that particular |
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Modification has been made available to such recipients. You are responsible for ensuring |
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that the Source Code version remains available even if the Electronic Distribution |
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Mechanism is maintained by a third party. |
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<h3 id="section-3.3">3.3. Description of Modifications.</h3> |
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<p>You must cause all Covered Code to which You contribute to contain a file documenting the |
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changes You made to create that Covered Code and the date of any change. You must include a |
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prominent statement that the Modification is derived, directly or indirectly, from Original |
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Code provided by the Initial Developer and including the name of the Initial Developer in |
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(a) the Source Code, and (b) in any notice in an Executable version or related documentation |
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in which You describe the origin or ownership of the Covered Code. |
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<h3 id="section-3.4">3.4. Intellectual Property Matters</h3> |
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<h4 id="section-3.4-a">(a) Third Party Claims</h4> |
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<p>If Contributor has knowledge that a license under a third party's intellectual property |
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rights is required to exercise the rights granted by such Contributor under Sections |
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<a href="#section-2.1">2.1</a> or <a href="#section-2.2">2.2</a>, Contributor must include a |
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text file with the Source Code distribution titled "LEGAL" which describes the claim and the |
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party making the claim in sufficient detail that a recipient will know whom to contact. If |
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Contributor obtains such knowledge after the Modification is made available as described in |
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Section <a href="#section-3.2">3.2</a>, Contributor shall promptly modify the LEGAL file in |
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all copies Contributor makes available thereafter and shall take other steps (such as |
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notifying appropriate mailing lists or newsgroups) reasonably calculated to inform those who |
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received the Covered Code that new knowledge has been obtained. |
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<h4 id="section-3.4-b">(b) Contributor APIs</h4> |
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<p>If Contributor's Modifications include an application programming interface and Contributor |
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has knowledge of patent licenses which are reasonably necessary to implement that |
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<abbr>API</abbr>, Contributor must also include this information in the |
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<strong class="very-strong">legal</strong> file. |
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<h4 id="section-3.4-c">(c) Representations.</h4> |
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<p>Contributor represents that, except as disclosed pursuant to Section 3.4 |
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(<a href="#section-3.4-a">a</a>) above, Contributor believes that Contributor's Modifications |
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are Contributor's original creation(s) and/or Contributor has sufficient rights to grant the |
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rights conveyed by this License. |
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<h3 id="section-3.5">3.5. Required Notices.</h3> |
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<p>You must duplicate the notice in <a href="#exhibit-a">Exhibit A</a> in each file of the |
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Source Code. If it is not possible to put such notice in a particular Source Code file due to |
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its structure, then You must include such notice in a location (such as a relevant directory) |
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where a user would be likely to look for such a notice. If You created one or more |
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Modification(s) You may add your name as a Contributor to the notice described in |
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<a href="#exhibit-a">Exhibit A</a>. You must also duplicate this License in any documentation |
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for the Source Code where You describe recipients' rights or ownership rights relating to |
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Covered Code. You may choose to offer, and to charge a fee for, warranty, support, indemnity |
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or liability obligations to one or more recipients of Covered Code. However, You may do so |
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only on Your own behalf, and not on behalf of the Initial Developer or any Contributor. You |
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must make it absolutely clear than any such warranty, support, indemnity or liability |
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obligation is offered by You alone, and You hereby agree to indemnify the Initial Developer |
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and every Contributor for any liability incurred by the Initial Developer or such Contributor |
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as a result of warranty, support, indemnity or liability terms You offer. |
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<h3 id="section-3.6">3.6. Distribution of Executable Versions.</h3> |
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<p>You may distribute Covered Code in Executable form only if the requirements of Sections |
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<a href="#section-3.1">3.1</a>, <a href="#section-3.2">3.2</a>, |
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<a href="#section-3.3">3.3</a>, <a href="#section-3.4">3.4</a> and |
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<a href="#section-3.5">3.5</a> have been met for that Covered Code, and if You include a |
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notice stating that the Source Code version of the Covered Code is available under the terms |
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of this License, including a description of how and where You have fulfilled the obligations |
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of Section <a href="#section-3.2">3.2</a>. The notice must be conspicuously included in any |
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notice in an Executable version, related documentation or collateral in which You describe |
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recipients' rights relating to the Covered Code. You may distribute the Executable version of |
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Covered Code or ownership rights under a license of Your choice, which may contain terms |
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different from this License, provided that You are in compliance with the terms of this |
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License and that the license for the Executable version does not attempt to limit or alter the |
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recipient's rights in the Source Code version from the rights set forth in this License. If |
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You distribute the Executable version under a different license You must make it absolutely |
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clear that any terms which differ from this License are offered by You alone, not by the |
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Initial Developer or any Contributor. You hereby agree to indemnify the Initial Developer and |
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every Contributor for any liability incurred by the Initial Developer or such Contributor as |
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a result of any such terms You offer. |
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<h3 id="section-3.7">3.7. Larger Works.</h3> |
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<p>You may create a Larger Work by combining Covered Code with other code not governed by the |
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terms of this License and distribute the Larger Work as a single product. In such a case, |
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You must make sure the requirements of this License are fulfilled for the Covered Code. |
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<h2 id="section-4">4. Inability to Comply Due to Statute or Regulation.</h2> |
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<p>If it is impossible for You to comply with any of the terms of this License with respect to |
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some or all of the Covered Code due to statute, judicial order, or regulation then You must: |
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(a) comply with the terms of this License to the maximum extent possible; and (b) describe |
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the limitations and the code they affect. Such description must be included in the |
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<strong class="very-strong">legal</strong> file described in Section |
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<a href="#section-3.4">3.4</a> and must be included with all distributions of the Source Code. |
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Except to the extent prohibited by statute or regulation, such description must be |
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sufficiently detailed for a recipient of ordinary skill to be able to understand it. |
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<h2 id="section-5">5. Application of this License.</h2> |
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<p>This License applies to code to which the Initial Developer has attached the notice in |
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<a href="#exhibit-a">Exhibit A</a> and to related Covered Code. |
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<h2 id="section-6">6. Versions of the License.</h2> |
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<h3 id="section-6.1">6.1. New Versions</h3> |
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<p>Netscape Communications Corporation ("Netscape") may publish revised and/or new versions |
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of the License from time to time. Each version will be given a distinguishing version number. |
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<h3 id="section-6.2">6.2. Effect of New Versions</h3> |
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<p>Once Covered Code has been published under a particular version of the License, You may |
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always continue to use it under the terms of that version. You may also choose to use such |
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Covered Code under the terms of any subsequent version of the License published by Netscape. |
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No one other than Netscape has the right to modify the terms applicable to Covered Code |
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created under this License. |
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<h3 id="section-6.3">6.3. Derivative Works</h3> |
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<p>If You create or use a modified version of this License (which you may only do in order to |
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apply it to code which is not already Covered Code governed by this License), You must (a) |
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rename Your license so that the phrases "Mozilla", "MOZILLAPL", "MOZPL", "Netscape", "MPL", |
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"NPL" or any confusingly similar phrase do not appear in your license (except to note that |
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your license differs from this License) and (b) otherwise make it clear that Your version of |
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the license contains terms which differ from the Mozilla Public License and Netscape Public |
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License. (Filling in the name of the Initial Developer, Original Code or Contributor in the |
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notice described in <a href="#exhibit-a">Exhibit A</a> shall not of themselves be deemed to |
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be modifications of this License.) |
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<h2 id="section-7">7. <strong class="very-strong">Disclaimer of warranty</strong></h2> |
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<p><strong class="very-strong">Covered code is provided under this license on an "as is" |
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basis, without warranty of any kind, either expressed or implied, including, without |
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limitation, warranties that the covered code is free of defects, merchantable, fit for a |
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particular purpose or non-infringing. The entire risk as to the quality and performance of |
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the covered code is with you. Should any covered code prove defective in any respect, you |
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(not the initial developer or any other contributor) assume the cost of any necessary |
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servicing, repair or correction. This disclaimer of warranty constitutes an essential part |
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of this license. No use of any covered code is authorized hereunder except under this |
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disclaimer.</strong> |
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<h2 id="section-8">8. Termination</h2> |
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<p id="section-8.1">8.1. This License and the rights granted hereunder will terminate |
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automatically if You fail to comply with terms herein and fail to cure such breach |
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within 30 days of becoming aware of the breach. All sublicenses to the Covered Code which |
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are properly granted shall survive any termination of this License. Provisions which, by |
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their nature, must remain in effect beyond the termination of this License shall survive. |
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<p id="section-8.2">8.2. If You initiate litigation by asserting a patent infringement |
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claim (excluding declatory judgment actions) against Initial Developer or a Contributor |
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(the Initial Developer or Contributor against whom You file such action is referred to |
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as "Participant") alleging that: |
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<ol type="a"> |
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<li id="section-8.2-a">such Participant's Contributor Version directly or indirectly |
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infringes any patent, then any and all rights granted by such Participant to You under |
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Sections <a href="#section-2.1">2.1</a> and/or <a href="#section-2.2">2.2</a> of this |
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License shall, upon 60 days notice from Participant terminate prospectively, unless if |
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within 60 days after receipt of notice You either: (i) agree in writing to pay |
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Participant a mutually agreeable reasonable royalty for Your past and future use of |
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Modifications made by such Participant, or (ii) withdraw Your litigation claim with |
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respect to the Contributor Version against such Participant. If within 60 days of |
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notice, a reasonable royalty and payment arrangement are not mutually agreed upon in |
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writing by the parties or the litigation claim is not withdrawn, the rights granted by |
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Participant to You under Sections <a href="#section-2.1">2.1</a> and/or |
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<a href="#section-2.2">2.2</a> automatically terminate at the expiration of the 60 day |
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notice period specified above. |
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<li id="section-8.2-b">any software, hardware, or device, other than such Participant's |
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Contributor Version, directly or indirectly infringes any patent, then any rights |
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granted to You by such Participant under Sections 2.1(<a href="#section-2.1-b">b</a>) |
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and 2.2(<a href="#section-2.2-b">b</a>) are revoked effective as of the date You first |
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made, used, sold, distributed, or had made, Modifications made by that Participant. |
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</ol> |
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<p id="section-8.3">8.3. If You assert a patent infringement claim against Participant |
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alleging that such Participant's Contributor Version directly or indirectly infringes |
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any patent where such claim is resolved (such as by license or settlement) prior to the |
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initiation of patent infringement litigation, then the reasonable value of the licenses |
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granted by such Participant under Sections <a href="#section-2.1">2.1</a> or |
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<a href="#section-2.2">2.2</a> shall be taken into account in determining the amount or |
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value of any payment or license. |
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<p id="section-8.4">8.4. In the event of termination under Sections |
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<a href="#section-8.1">8.1</a> or <a href="#section-8.2">8.2</a> above, all end user |
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license agreements (excluding distributors and resellers) which have been validly |
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granted by You or any distributor hereunder prior to termination shall survive |
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termination. |
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<h2 id="section-9">9. <strong class="very-strong">Limitation of liability</strong></h2> |
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<p><strong class="very-strong">Under no circumstances and under no legal theory, whether |
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tort (including negligence), contract, or otherwise, shall you, the initial developer, |
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any other contributor, or any distributor of covered code, or any supplier of any of |
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such parties, be liable to any person for any indirect, special, incidental, or |
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consequential damages of any character including, without limitation, damages for loss |
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of goodwill, work stoppage, computer failure or malfunction, or any and all other |
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commercial damages or losses, even if such party shall have been informed of the |
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possibility of such damages. This limitation of liability shall not apply to liability |
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for death or personal injury resulting from such party's negligence to the extent |
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applicable law prohibits such limitation. Some jurisdictions do not allow the exclusion |
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or limitation of incidental or consequential damages, so this exclusion and limitation |
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may not apply to you.</strong> |
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<h2 id="section-10">10. <abbr title="United States">U.S.</abbr> government end users</h2> |
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<p>The Covered Code is a "commercial item," as that term is defined in 48 |
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<abbr>C.F.R.</abbr> 2.101 (<abbr title="October">Oct.</abbr> 1995), consisting of |
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"commercial computer software" and "commercial computer software documentation," as such |
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terms are used in 48 <abbr>C.F.R.</abbr> 12.212 (<abbr title="September">Sept.</abbr> |
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1995). Consistent with 48 <abbr>C.F.R.</abbr> 12.212 and 48 <abbr>C.F.R.</abbr> |
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227.7202-1 through 227.7202-4 (June 1995), all <abbr>U.S.</abbr> Government End Users |
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acquire Covered Code with only those rights set forth herein. |
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<h2 id="section-11">11. Miscellaneous</h2> |
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<p>This License represents the complete agreement concerning subject matter hereof. If |
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any provision of this License is held to be unenforceable, such provision shall be |
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reformed only to the extent necessary to make it enforceable. This License shall be |
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governed by California law provisions (except to the extent applicable law, if any, |
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provides otherwise), excluding its conflict-of-law provisions. With respect to |
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disputes in which at least one party is a citizen of, or an entity chartered or |
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registered to do business in the United States of America, any litigation relating to |
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this License shall be subject to the jurisdiction of the Federal Courts of the |
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Northern District of California, with venue lying in Santa Clara County, California, |
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with the losing party responsible for costs, including without limitation, court |
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costs and reasonable attorneys' fees and expenses. The application of the United |
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Nations Convention on Contracts for the International Sale of Goods is expressly |
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excluded. Any law or regulation which provides that the language of a contract |
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shall be construed against the drafter shall not apply to this License. |
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<h2 id="section-12">12. Responsibility for claims</h2> |
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<p>As between Initial Developer and the Contributors, each party is responsible for |
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claims and damages arising, directly or indirectly, out of its utilization of rights |
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under this License and You agree to work with Initial Developer and Contributors to |
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distribute such responsibility on an equitable basis. Nothing herein is intended or |
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shall be deemed to constitute any admission of liability. |
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<h2 id="section-13">13. Multiple-licensed code</h2> |
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<p>Initial Developer may designate portions of the Covered Code as |
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"Multiple-Licensed". "Multiple-Licensed" means that the Initial Developer permits |
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you to utilize portions of the Covered Code under Your choice of the <abbr>MPL</abbr> |
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or the alternative licenses, if any, specified by the Initial Developer in the file |
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described in <a href="#exhibit-a">Exhibit A</a>. |
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<h2 id="exhibit-a">Exhibit A - Mozilla Public License.</h2> |
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<pre>"The contents of this file are subject to the Mozilla Public License |
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Version 1.1 (the "License"); you may not use this file except in |
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compliance with the License. You may obtain a copy of the License at |
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http://www.mozilla.org/MPL/ |
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Software distributed under the License is distributed on an "AS IS" |
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basis, WITHOUT WARRANTY OF ANY KIND, either express or implied. See the |
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License for the specific language governing rights and limitations |
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under the License. |
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The Original Code is ______________________________________. |
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The Initial Developer of the Original Code is ________________________. |
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Portions created by ______________________ are Copyright (C) ______ |
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_______________________. All Rights Reserved. |
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Contributor(s): ______________________________________. |
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Alternatively, the contents of this file may be used under the terms |
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of the _____ license (the "[___] License"), in which case the |
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provisions of [______] License are applicable instead of those |
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above. If you wish to allow use of your version of this file only |
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under the terms of the [____] License and not to allow others to use |
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your version of this file under the MPL, indicate your decision by |
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deleting the provisions above and replace them with the notice and |
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other provisions required by the [___] License. If you do not delete |
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the provisions above, a recipient may use your version of this file |
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under either the MPL or the [___] License."</pre> |
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<p>NOTE: The text of this Exhibit A may differ slightly from the text of |
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the notices in the Source Code files of the Original Code. You should |
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use the text of this Exhibit A rather than the text found in the |
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Original Code Source Code for Your Modifications. |
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