ENGLISH
92
OPEN SOURCE LICENSE
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
