------------------------ Apache License, v. 2.0 -------------------------------- | |
Apache License | |
Version 2.0, January 2004 | |
http://www.apache.org/licenses/ | |
TERMS AND CONDITIONS FOR USE, REPRODUCTION, AND DISTRIBUTION | |
1. Definitions. | |
"License" shall mean the terms and conditions for use, reproduction, | |
and distribution as defined by Sections 1 through 9 of this document. | |
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direction or management of such entity, whether by contract or | |
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"You" (or "Your") shall mean an individual or Legal Entity | |
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"Source" form shall mean the preferred form for making modifications, | |
including but not limited to software source code, documentation | |
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"Work" shall mean the work of authorship, whether in Source or | |
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editorial revisions, annotations, elaborations, or other modifications | |
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or a Contribution incorporated within the Work constitutes direct | |
or contributory patent infringement, then any patent licenses | |
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stating that You changed the files; and | |
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reproduction, and distribution of the Work otherwise complies with | |
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any Contribution intentionally submitted for inclusion in the Work | |
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this License, without any additional terms or conditions. | |
Notwithstanding the above, nothing herein shall supersede or modify | |
the terms of any separate license agreement you may have executed | |
with Licensor regarding such Contributions. | |
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defend, and hold each Contributor harmless for any liability | |
incurred by, or claims asserted against, such Contributor by reason | |
of your accepting any such warranty or additional liability. | |
END OF TERMS AND CONDITIONS | |
APPENDIX: How to apply the Apache License to your work. | |
To apply the Apache License to your work, attach the following | |
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For bsh-1.3.0.jar: | |
------------------------------- Sun Public License, v. 1.0 --------------------------------- | |
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 and corresponding documentation released | |
with the source code. | |
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 documentation, 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 Patent 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 ("API"../) 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. | |
Sun Microsystems, Inc. ("Sun") 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 Sun. No one | |
other than Sun 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 "Sun," "Sun Public License," or "SPL"../ 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 | |
Sun 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 declaratory 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 alternative licenses, if any, specified by the | |
Initial Developer in the file described in Exhibit A. | |
Exhibit A -Sun Public License Notice. | |
The contents of this file are subject to the Sun Public License | |
Version 1.0 (the License); you may not use this file except in | |
compliance with the License. A copy of the License is available at | |
http://www.sun.com/ | |
The Original Code is _________________. The Initial Developer of the | |
Original Code is ___________. Portions created by ______ are Copyright | |
(C)_________. All Rights Reserved. | |
Contributor(s): ______________________________________. | |
Alternatively, the contents of this file may be used under the terms | |
of the _____ license (the ?[___] License?), in which case the | |
provisions of [______] License are applicable instead of those above. | |
If you wish to allow use of your version of this file only under the | |
terms of the [____] License and not to allow others to use your | |
version of this file under the SPL, indicate your decision by deleting | |
the provisions above and replace them with the notice and other | |
provisions required by the [___] License. If you do not delete the | |
provisions above, a recipient may use your version of this file under | |
either the SPL or the [___] License. | |
[NOTE: The text of this Exhibit A may differ slightly from the text of | |
the notices in the Source Code files of the Original Code. You should | |
use the text of this Exhibit A rather than the text found in the | |
Original Code Source Code for Your Modifications.] | |
For bsf.jar: | |
------------------------------ MPL 1.1 ------------------------------------------------- | |
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. | |
EXHIBIT A -Mozilla Public License. | |
``The contents of this file are subject to the Mozilla Public License | |
Version 1.1 (the "License"); you may not use this file except in | |
compliance with the License. You may obtain a copy of the License at | |
http://www.mozilla.org/MPL/ | |
Software distributed under the License is distributed on an "AS IS" | |
basis, WITHOUT WARRANTY OF ANY KIND, either express or implied. See the | |
License for the specific language governing rights and limitations | |
under the License. | |
The Original Code is ______________________________________. | |
The Initial Developer of the Original Code is ________________________. | |
Portions created by ______________________ are Copyright (C) ______ | |
_______________________. All Rights Reserved. | |
Contributor(s): ______________________________________. | |
Alternatively, the contents of this file may be used under the terms | |
of the _____ license (the "[___] License"), in which case the | |
provisions of [______] License are applicable instead of those | |
above. If you wish to allow use of your version of this file only | |
under the terms of the [____] License and not to allow others to use | |
your version of this file under the MPL, indicate your decision by | |
deleting the provisions above and replace them with the notice and | |
other provisions required by the [___] License. If you do not delete | |
the provisions above, a recipient may use your version of this file | |
under either the MPL or the [___] License." | |
[NOTE: The text of this Exhibit A may differ slightly from the text of | |
the notices in the Source Code files of the Original Code. You should | |
use the text of this Exhibit A rather than the text found in the | |
Original Code Source Code for Your Modifications.] | |