forkjo/options/license/NPL-1.0

NETSCAPE PUBLIC LICENSE

Version 1.0

   1. Definitions.

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 byExhibit 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.

1.9. ``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 byExhibit A as Original Code,
and which, at the time of its release under this License is not already Covered
Code governed by this License.

1.11. ``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 a list of 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'' 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 fifty percent (50%) or more
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) to use, reproduce, modify, display, perform, sublicense and distribute
the Original Code (or portions thereof) with or without Modifications, or
as part of a Larger Work; and

(b) under patents now or hereafter owned or controlled by Initial Developer,
to make, have made, use and sell (``Utilize'') the Original Code (or portions
thereof), but solely to the extent that any such patent is reasonably necessary
to enable You to Utilize the Original Code (or portions thereof) and not to
any greater extent that may be necessary to Utilize further Modifications
or combinations.

      

      2.2. Contributor Grant.

Each Contributor hereby grants You a world-wide, royalty-free, non-exclusive
license, subject to third party intellectual property claims:

(a) 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 or as part
of a Larger Work; and

(b) under patents now or hereafter owned or controlled by Contributor, to
Utilize the Contributor Version (or portions thereof), but solely to the extent
that any such patent is reasonably necessary to enable You to Utilize the
Contributor Version (or portions thereof), and not to any greater extent that
may be necessary to Utilize further Modifications or combinations.

   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 You have knowledge that a party claims an intellectual
property right in particular functionality or code (or its utilization under
this License), you 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 you obtain
such knowledge after You make Your Modification available as described in
Section 3.2, You shall promptly modify the LEGAL file in all copies You make
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 Your Modification is an application programming interface
and You own or control patents which are reasonably necessary to implement
that API, you must also include this information in the LEGAL file.

3.5. Required Notices. You must duplicate the notice in Exhibit A in each
file of the Source Code, and this License in any documentation for the Source
Code, where You describe recipients' rights relating to Covered Code. If You
created one or more Modification(s), You may add your name as a Contributor
to the notice described in Exhibit A. 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 file) where a user
would be likely to look for such a notice. 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 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 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'', ``NPL'' or any
confusingly similar phrase do not appear anywhere in your 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.

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.

   9. LIMITATION OF LIABILITY.

UNDER NO CIRCUMSTANCES AND UNDER NO LEGAL THEORY, WHETHER TORT (INCLUDING
NEGLIGENCE), CONTRACT, OR OTHERWISE, SHALL THE INITIAL DEVELOPER, ANY OTHER
CONTRIBUTOR, OR ANY DISTRIBUTOR OF COVERED CODE, OR ANY SUPPLIER OF ANY OF
SUCH PARTIES, BE LIABLE TO YOU OR ANY OTHER 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 THAT 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: (a) unless otherwise agreed in writing, all disputes relating
to this License (excepting any dispute relating to intellectual property rights)
shall be subject to final and binding arbitration, with the losing party paying
all costs of arbitration; (b) any arbitration relating to this Agreement shall
be held in Santa Clara County, California, under the auspices of JAMS/EndDispute;
and (c) any litigation relating to this Agreement 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.

Except in cases where another Contributor has failed to comply with Section
3.4, You are responsible for damages arising, directly or indirectly, out
of Your utilization of rights under this License, based on the number of copies
of Covered Code you made available, the revenues you received from utilizing
such rights, and other relevant factors. You agree to work with affected parties
to distribute responsibility on an equitable basis.

AMENDMENTS

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 trademark ``Netscape'',
the ``Netscape N and horizon'' logo or the Netscape lighthouse logo, even
if such marks are included in the Original Code.

   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 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.

   VI. Arbitration and Litigation.

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

"The contents of this file are subject to the Netscape 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://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 Netscape Communications
Corporation. All Rights Reserved.

Contributor(s): ______________________________________."

[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. This is due to time
constraints encountered in simultaneously finalizing the License and in preparing
the Original Code for release. You should use the text of this Exhibit A rather
than the text found in the Original Code Source Code for Your Modifications.]