X-Git-Url: http://g0dil.de/git?p=senf.git;a=blobdiff_plain;f=LICENSE;h=2bbb7ab92410fa086d0aaf199bf53bbbcc76a67a;hp=a3e977479693b9733e870e5806b04366bc95bc3f;hb=HEAD;hpb=85ab07d100a382467a42e19d741d403a7a96c951 diff --git a/LICENSE b/LICENSE index a3e9774..2bbb7ab 100644 --- a/LICENSE +++ b/LICENSE @@ -1,340 +1,507 @@ - GNU GENERAL PUBLIC LICENSE - Version 2, June 1991 - - Copyright (C) 1989, 1991 Free Software Foundation, Inc. - 59 Temple Place, Suite 330, Boston, MA 02111-1307 USA - Everyone is permitted to copy and distribute verbatim copies - of this license document, but changing it is not allowed. - - Preamble - - The licenses for most software are designed to take away your -freedom to share and change it. By contrast, the GNU General Public -License is intended to guarantee your freedom to share and change free -software--to make sure the software is free for all its users. This -General Public License applies to most of the Free Software -Foundation's software and to any other program whose authors commit to -using it. (Some other Free Software Foundation software is covered by -the GNU Library General Public License instead.) You can apply it to -your programs, too. - - When we speak of free software, we are referring to freedom, not -price. Our General Public Licenses are designed to make sure that you -have the freedom to distribute copies of free software (and charge for -this service if you wish), that you receive source code or can get it -if you want it, that you can change the software or use pieces of it -in new free programs; and that you know you can do these things. - - To protect your rights, we need to make restrictions that forbid -anyone to deny you these rights or to ask you to surrender the rights. -These restrictions translate to certain responsibilities for you if you -distribute copies of the software, or if you modify it. - - For example, if you distribute copies of such a program, whether -gratis or for a fee, you must give the recipients all the rights that -you have. You must make sure that they, too, receive or can get the -source code. And you must show them these terms so they know their -rights. - - We protect your rights with two steps: (1) copyright the software, and -(2) offer you this license which gives you legal permission to copy, -distribute and/or modify the software. - - Also, for each author's protection and ours, we want to make certain -that everyone understands that there is no warranty for this free -software. If the software is modified by someone else and passed on, we -want its recipients to know that what they have is not the original, so -that any problems introduced by others will not reflect on the original -authors' reputations. - - Finally, any free program is threatened constantly by software -patents. We wish to avoid the danger that redistributors of a free -program will individually obtain patent licenses, in effect making the -program proprietary. To prevent this, we have made it clear that any -patent must be licensed for everyone's free use or not licensed at all. - - The precise terms and conditions for copying, distribution and -modification follow. - - GNU GENERAL PUBLIC LICENSE - TERMS AND CONDITIONS FOR COPYING, DISTRIBUTION AND MODIFICATION - - 0. This License applies to any program or other work which contains -a notice placed by the copyright holder saying it may be distributed -under the terms of this General Public License. The "Program", below, -refers to any such program or work, and a "work based on the Program" -means either the Program or any derivative work under copyright law: -that is to say, a work containing the Program or a portion of it, -either verbatim or with modifications and/or translated into another -language. (Hereinafter, translation is included without limitation in -the term "modification".) Each licensee is addressed as "you". - -Activities other than copying, distribution and modification are not -covered by this License; they are outside its scope. The act of -running the Program is not restricted, and the output from the Program -is covered only if its contents constitute a work based on the -Program (independent of having been made by running the Program). -Whether that is true depends on what the Program does. - - 1. You may copy and distribute verbatim copies of the Program's -source code as you receive it, in any medium, provided that you -conspicuously and appropriately publish on each copy an appropriate -copyright notice and disclaimer of warranty; keep intact all the -notices that refer to this License and to the absence of any warranty; -and give any other recipients of the Program a copy of this License -along with the Program. - -You may charge a fee for the physical act of transferring a copy, and -you may at your option offer warranty protection in exchange for a fee. - - 2. You may modify your copy or copies of the Program or any portion -of it, thus forming a work based on the Program, and copy and -distribute such modifications or work under the terms of Section 1 -above, provided that you also meet all of these conditions: - - a) You must cause the modified files to carry prominent notices - stating that you changed the files and the date of any change. - - b) You must cause any work that you distribute or publish, that in - whole or in part contains or is derived from the Program or any - part thereof, to be licensed as a whole at no charge to all third - parties under the terms of this License. - - c) If the modified program normally reads commands interactively - when run, you must cause it, when started running for such - interactive use in the most ordinary way, to print or display an - announcement including an appropriate copyright notice and a - notice that there is no warranty (or else, saying that you provide - a warranty) and that users may redistribute the program under - these conditions, and telling the user how to view a copy of this - License. (Exception: if the Program itself is interactive but - does not normally print such an announcement, your work based on - the Program is not required to print an announcement.) - -These requirements apply to the modified work as a whole. If -identifiable sections of that work are not derived from the Program, -and can be reasonably considered independent and separate works in -themselves, then this License, and its terms, do not apply to those -sections when you distribute them as separate works. But when you -distribute the same sections as part of a whole which is a work based -on the Program, the distribution of the whole must be on the terms of -this License, whose permissions for other licensees extend to the -entire whole, and thus to each and every part regardless of who wrote it. - -Thus, it is not the intent of this section to claim rights or contest -your rights to work written entirely by you; rather, the intent is to -exercise the right to control the distribution of derivative or -collective works based on the Program. - -In addition, mere aggregation of another work not based on the Program -with the Program (or with a work based on the Program) on a volume of -a storage or distribution medium does not bring the other work under -the scope of this License. - - 3. You may copy and distribute the Program (or a work based on it, -under Section 2) in object code or executable form under the terms of -Sections 1 and 2 above provided that you also do one of the following: - - a) Accompany it with the complete corresponding machine-readable - source code, which must be distributed under the terms of Sections - 1 and 2 above on a medium customarily used for software interchange; or, - - b) Accompany it with a written offer, valid for at least three - years, to give any third party, for a charge no more than your - cost of physically performing source distribution, a complete - machine-readable copy of the corresponding source code, to be - distributed under the terms of Sections 1 and 2 above on a medium - customarily used for software interchange; or, - - c) Accompany it with the information you received as to the offer - to distribute corresponding source code. (This alternative is - allowed only for noncommercial distribution and only if you - received the program in object code or executable form with such - an offer, in accord with Subsection b above.) - -The source code for a work means the preferred form of the work for -making modifications to it. For an executable work, complete source -code means all the source code for all modules it contains, plus any -associated interface definition files, plus the scripts used to -control compilation and installation of the executable. However, as a -special exception, the source code distributed need not include -anything that is normally distributed (in either source or binary -form) with the major components (compiler, kernel, and so on) of the -operating system on which the executable runs, unless that component -itself accompanies the executable. - -If distribution of executable or object code is made by offering -access to copy from a designated place, then offering equivalent -access to copy the source code from the same place counts as -distribution of the source code, even though third parties are not -compelled to copy the source along with the object code. - - 4. You may not copy, modify, sublicense, or distribute the Program -except as expressly provided under this License. Any attempt -otherwise to copy, modify, sublicense or distribute the Program is -void, and will automatically terminate your rights under this License. -However, parties who have received copies, or rights, from you under -this License will not have their licenses terminated so long as such -parties remain in full compliance. - - 5. You are not required to accept this License, since you have not -signed it. However, nothing else grants you permission to modify or -distribute the Program or its derivative works. These actions are -prohibited by law if you do not accept this License. Therefore, by -modifying or distributing the Program (or any work based on the -Program), you indicate your acceptance of this License to do so, and -all its terms and conditions for copying, distributing or modifying -the Program or works based on it. - - 6. Each time you redistribute the Program (or any work based on the -Program), the recipient automatically receives a license from the -original licensor to copy, distribute or modify the Program subject to -these terms and conditions. You may not impose any further -restrictions on the recipients' exercise of the rights granted herein. -You are not responsible for enforcing compliance by third parties to -this License. - - 7. If, as a consequence of a court judgment or allegation of patent -infringement or for any other reason (not limited to patent issues), -conditions are imposed on you (whether by court order, agreement or -otherwise) that contradict the conditions of this License, they do not -excuse you from the conditions of this License. If you cannot -distribute so as to satisfy simultaneously your obligations under this -License and any other pertinent obligations, then as a consequence you -may not distribute the Program at all. For example, if a patent -license would not permit royalty-free redistribution of the Program by -all those who receive copies directly or indirectly through you, then -the only way you could satisfy both it and this License would be to -refrain entirely from distribution of the Program. - -If any portion of this section is held invalid or unenforceable under -any particular circumstance, the balance of the section is intended to -apply and the section as a whole is intended to apply in other -circumstances. - -It is not the purpose of this section to induce you to infringe any -patents or other property right claims or to contest validity of any -such claims; this section has the sole purpose of protecting the -integrity of the free software distribution system, which is -implemented by public license practices. Many people have made -generous contributions to the wide range of software distributed -through that system in reliance on consistent application of that -system; it is up to the author/donor to decide if he or she is willing -to distribute software through any other system and a licensee cannot -impose that choice. - -This section is intended to make thoroughly clear what is believed to -be a consequence of the rest of this License. - - 8. If the distribution and/or use of the Program is restricted in -certain countries either by patents or by copyrighted interfaces, the -original copyright holder who places the Program under this License -may add an explicit geographical distribution limitation excluding -those countries, so that distribution is permitted only in or among -countries not thus excluded. In such case, this License incorporates -the limitation as if written in the body of this License. - - 9. The Free Software Foundation may publish revised and/or new versions -of the General Public License from time to time. Such new versions will -be similar in spirit to the present version, but may differ in detail to -address new problems or concerns. - -Each version is given a distinguishing version number. If the Program -specifies a version number of this License which applies to it and "any -later version", you have the option of following the terms and conditions -either of that version or of any later version published by the Free -Software Foundation. If the Program does not specify a version number of -this License, you may choose any version ever published by the Free Software -Foundation. - - 10. If you wish to incorporate parts of the Program into other free -programs whose distribution conditions are different, write to the author -to ask for permission. For software which is copyrighted by the Free -Software Foundation, write to the Free Software Foundation; we sometimes -make exceptions for this. Our decision will be guided by the two goals -of preserving the free status of all derivatives of our free software and -of promoting the sharing and reuse of software generally. - - NO WARRANTY - - 11. BECAUSE THE PROGRAM IS LICENSED FREE OF CHARGE, THERE IS NO WARRANTY -FOR THE PROGRAM, TO THE EXTENT PERMITTED BY APPLICABLE LAW. EXCEPT WHEN -OTHERWISE STATED IN WRITING THE COPYRIGHT HOLDERS AND/OR OTHER PARTIES -PROVIDE THE PROGRAM "AS IS" WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESSED -OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF -MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. THE ENTIRE RISK AS -TO THE QUALITY AND PERFORMANCE OF THE PROGRAM IS WITH YOU. SHOULD THE -PROGRAM PROVE DEFECTIVE, YOU ASSUME THE COST OF ALL NECESSARY SERVICING, -REPAIR OR CORRECTION. - - 12. IN NO EVENT UNLESS REQUIRED BY APPLICABLE LAW OR AGREED TO IN WRITING -WILL ANY COPYRIGHT HOLDER, OR ANY OTHER PARTY WHO MAY MODIFY AND/OR -REDISTRIBUTE THE PROGRAM AS PERMITTED ABOVE, BE LIABLE TO YOU FOR DAMAGES, -INCLUDING ANY GENERAL, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES ARISING -OUT OF THE USE OR INABILITY TO USE THE PROGRAM (INCLUDING BUT NOT LIMITED -TO LOSS OF DATA OR DATA BEING RENDERED INACCURATE OR LOSSES SUSTAINED BY -YOU OR THIRD PARTIES OR A FAILURE OF THE PROGRAM TO OPERATE WITH ANY OTHER -PROGRAMS), EVEN IF SUCH HOLDER OR OTHER PARTY HAS BEEN ADVISED OF THE -POSSIBILITY OF SUCH DAMAGES. - - END OF TERMS AND CONDITIONS - - How to Apply These Terms to Your New Programs - - If you develop a new program, and you want it to be of the greatest -possible use to the public, the best way to achieve this is to make it -free software which everyone can redistribute and change under these terms. - - To do so, attach the following notices to the program. It is safest -to attach them to the start of each source file to most effectively -convey the exclusion of warranty; and each file should have at least -the "copyright" line and a pointer to where the full notice is found. - - - Copyright (C) - - This program is free software; you can redistribute it and/or modify - it under the terms of the GNU General Public License as published by - the Free Software Foundation; either version 2 of the License, or - (at your option) any later version. - - This program is distributed in the hope that it will be useful, - but WITHOUT ANY WARRANTY; without even the implied warranty of - MERCHANTABILITY or FITNESS FOR A PARTICULAR PURPOSE. See the - GNU General Public License for more details. - - You should have received a copy of the GNU General Public License - along with this program; if not, write to the Free Software - Foundation, Inc., 59 Temple Place, Suite 330, Boston, MA 02111-1307 USA - - -Also add information on how to contact you by electronic and paper mail. - -If the program is interactive, make it output a short notice like this -when it starts in an interactive mode: - - Gnomovision version 69, Copyright (C) year name of author - Gnomovision comes with ABSOLUTELY NO WARRANTY; for details type `show w'. - This is free software, and you are welcome to redistribute it - under certain conditions; type `show c' for details. - -The hypothetical commands `show w' and `show c' should show the appropriate -parts of the General Public License. Of course, the commands you use may -be called something other than `show w' and `show c'; they could even be -mouse-clicks or menu items--whatever suits your program. - -You should also get your employer (if you work as a programmer) or your -school, if any, to sign a "copyright disclaimer" for the program, if -necessary. Here is a sample; alter the names: - - Yoyodyne, Inc., hereby disclaims all copyright interest in the program - `Gnomovision' (which makes passes at compilers) written by James Hacker. - - , 1 April 1989 - Ty Coon, President of Vice - -This General Public License does not permit incorporating your program into -proprietary programs. If your program is a subroutine library, you may -consider it more useful to permit linking proprietary applications with the -library. If this is what you want to do, use the GNU Library General -Public License instead of this License. + Fraunhofer FOKUS Public License Version 1.0 + for the SENF Software + +AMENDMENTS + +The Fraunhofer FOKUS Public License Version 1.0 ("FFPL") is based on, but +modifies the Mozilla Public License Version 1.1 with the following Amendments, +including Exhibit A-FRAUNHOFER FOKUS Public License.  + +Additional Terms applicable to the Fraunhofer FOKUS Public License. + +1. Effect. + +The additional terms described in this Fraunhofer FOKUS Public License +Amendments shall apply to the SENF code and to all Covered Code under this +License. + +2. Distribution of SENF or Covered Code + +Each copy of SENF and any Covered Code distributed by you must be distributed +only under the terms of this License or a future version of this License and you +must include a copy of this License with every copy of the Source Code you +distribute. + +With each copy of SENF and any Covered Code distributed by you, you must display +the following acknowledgement: “This product includes software developed by +Fraunhofer FOKUS and its contributors.” This obligation or any other clause of +the license does not grant any rights to use the trademarks or logo of +Fraunhofer. + +3. Use of Modifications and Covered Code by Fraunhofer. + +With respect to any copyright in your modification or covered code you hereby +grant Fraunhofer a perpetual, irrevocable, non-exclusive, worldwide, +royalty-free, unrestricted license to exercise all rights under those +copyrights. This includes the right to sublicense these same rights to third +parties through multiple levels of sublicensees or other licensing arrangements. + +Fraunhofer reserves the right to license the Source Code of SENF as well as any +Covered Code or parts thereof without such Code becoming subject to the terms of +this License, and may license such Code on different terms from those contained +in this License. + +4. Reports on bugs, bug fixes, patches + +Any bugs and modifications discovered shall be reported to Fraunhofer FOKUS by +e-mail (senf@fokus.fraunhofer.de) and be provided in source code form. +In case you fix discovered bugs in SENF or Covered Code or develop patches +therefore, Section 3 above shall apply and you shall report such bug fixes and +patches to Fraunhofer by e-mail stated above. + +5. Applicable Law + +This agreement shall be subject to German law. + + +EXHIBIT A- Fraunhofer FOKUS Public License. + +The contents of this file are subject to the Fraunhofer FOKUS Public License +Version 1.0 (the "License"); you may not use this file except in compliance with +the License. You may obtain a copy of the License at +http://senf.berlios.de/license.html + +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 Fraunhofer FOKUS code. + +The Initial Developer of the Original Code is Fraunhofer-Gesellschaft e.V. +(registered association), Hansastraße 27 c, 80686 Munich, Germany. +All Rights Reserved. + + + + 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: + 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 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 Section 3.1-3.5 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 NPL or the alternative licenses, if any, specified + by the Initial Developer in the file described in Exhibit A.