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-Licensedmeans that the Initial Developer
permits you to utilize portions of the Covered Code under Your choice
of the MPL 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.]
BSd two clause License
Copyright (c) 2004-2005 HighPoint Technologies, Inc.
All rights reserved.
Redistribution and use in source and binary forms, with or without
modification, are permitted provided that the following conditions are
met:
1. Redistributions of source code must retain the above copyright
notice, this list of conditions and the following disclaimer.
2. Redistributions in binary form must reproduce the above copyright
notice, this list of conditions and the following disclaimer in the
documentation and/or other materials provided with the distribution.
