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25      the creation of Modifications.
27 1.2. "Contributor Version" means the combination of the Original
32 combination of the Original Code and Modifications, in each case
37 transfer of data.
47 portions thereof with code not governed by the terms of this License.
52 extent possible, whether at the time of the initial grant or
53 subsequently acquired, any and all of the rights conveyed herein.
56 substance or structure of either the Original Code or any previous
57 Modifications. When Covered Code is released as a series of files, a
59 A. Any addition to or deletion from the contents of a file
62 B. Any new file that contains any part of the Original Code or
65 1.10. "Original Code" means Source Code of computer software code
67 Original Code, and which, at the time of its release under this
74 1.11. "Source Code" means the preferred form of the Covered Code for
77 compilation and installation of an Executable, or source code
79 well known, available Covered Code of the Contributor's choice. The
85 exercising rights under, and complying with all of the terms of, this
86 License or a future version of this License issued under Section 6.1.
88 controlled by, or is under common control with You. For purposes of
90 to cause the direction or management of such entity, whether by
91 contract or otherwise, or (b) ownership of more than fifty percent
92 (50%) of the outstanding shares or beneficial ownership of such
105 as part of a Larger Work; and
108 selling of Original Code, to make, have made, use, practice,
109 sell, and offer for sale, and/or otherwise dispose of the
114 Original Code under the terms of this License.
119 by: i) the modification of the Original Code or ii) the
120 combination of the Original Code with other software or devices.
131 and/or as part of a Larger Work; and
134 selling of Modifications made by that Contributor either alone
136 of such combination), to make, use, sell, offer for sale, have
137 made, and/or otherwise dispose of: 1) Modifications made by that
138 Contributor (or portions thereof); and 2) the combination of
140 Version (or portions of such combination).
143 effective on the date Contributor first makes Commercial Use of
149 3) for infringements caused by: i) third party modifications of
150 Contributor Version or ii) the combination of Modifications made
151 by that Contributor with other software (except as part of the
153 infringed by Covered Code in the absence of Modifications made by
158 3.1. Application of License.
160 governed by the terms of this License, including without limitation
161 Section 2.2. The Source Code version of Covered Code may be
162 distributed only under the terms of this License or a future version
163 of this License released under Section 6.1, and You must include a
164 copy of this License with every copy of the Source Code You
166 version that alters or restricts the applicable version of this
171 3.2. Availability of Source Code.
173 made available in Source Code form under the terms of this License
179 (6) months after a subsequent version of that particular Modification
184 3.3. Description of Modifications.
187 the date of any change. You must include a prominent statement that
189 Code provided by the Initial Developer and including the name of the
192 origin or ownership of the Covered Code.
212 interface and Contributor has knowledge of patent licenses which
224 You must duplicate the notice in Exhibit A in each file of the Source
234 obligations to one or more recipients of Covered Code. However, You
235 may do so only on Your own behalf, and not on behalf of the Initial
240 Initial Developer or such Contributor as a result of warranty,
243 3.6. Distribution of Executable Versions.
245 requirements of Section 3.1-3.5 have been met for that Covered Code,
246 and if You include a notice stating that the Source Code version of
247 the Covered Code is available under the terms of this License,
248 including a description of how and where You have fulfilled the
249 obligations of Section 3.2. The notice must be conspicuously included
252 Covered Code. You may distribute the Executable version of Covered
253 Code or ownership rights under a license of Your choice, which may
255 compliance with the terms of this License and that the license for the
263 the Initial Developer or such Contributor as a result of any such
268 not governed by the terms of this License and distribute the Larger
270 requirements of this License are fulfilled for the Covered Code.
274 If it is impossible for You to comply with any of the terms of this
275 License with respect to some or all of the Covered Code due to
277 the terms of this License to the maximum extent possible; and (b)
280 be included with all distributions of the Source Code. Except to the
282 sufficiently detailed for a recipient of ordinary skill to be able to
285 5. Application of this License.
290 6. Versions of the License.
294 and/or new versions of the License from time to time. Each version
297 6.2. Effect of New Versions.
298 Once Covered Code has been published under a particular version of the
299 License, You may always continue to use it under the terms of that
301 of any subsequent version of the License published by Netscape. No one
306 If You create or use a modified version of this License (which you may
312 and (b) otherwise make it clear that Your version of the license
314 Netscape Public License. (Filling in the name of the Initial
316 Exhibit A shall not of themselves be deemed to be modifications of
319 7. DISCLAIMER OF WARRANTY.
322 WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING,
323 WITHOUT LIMITATION, WARRANTIES THAT THE COVERED CODE IS FREE OF
325 THE ENTIRE RISK AS TO THE QUALITY AND PERFORMANCE OF THE COVERED CODE
328 COST OF ANY NECESSARY SERVICING, REPAIR OR CORRECTION. THIS DISCLAIMER
329 OF WARRANTY CONSTITUTES AN ESSENTIAL PART OF THIS LICENSE. NO USE OF
336 such breach within 30 days of becoming aware of the breach. All
338 survive any termination of this License. Provisions which, by their
339 nature, must remain in effect beyond the termination of this License
349 Participant to You under Sections 2.1 and/or 2.2 of this License
351 unless if within 60 days after receipt of notice You either: (i)
353 royalty for Your past and future use of Modifications made by such
356 of notice, a reasonable royalty and payment arrangement are not
359 Sections 2.1 and/or 2.2 automatically terminate at the expiration of
365 and 2.2(b) are revoked effective as of the date You first made, used,
372 by license or settlement) prior to the initiation of patent
373 infringement litigation, then the reasonable value of the licenses
375 into account in determining the amount or value of any payment or
378 8.4. In the event of termination under Sections 8.1 or 8.2 above,
383 9. LIMITATION OF LIABILITY.
387 DEVELOPER, ANY OTHER CONTRIBUTOR, OR ANY DISTRIBUTOR OF COVERED CODE,
388 OR ANY SUPPLIER OF ANY OF SUCH PARTIES, BE LIABLE TO ANY PERSON FOR
389 ANY INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES OF ANY
390 CHARACTER INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF GOODWILL,
393 INFORMED OF THE POSSIBILITY OF SUCH DAMAGES. THIS LIMITATION OF
397 EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO
403 48 C.F.R. 2.101 (Oct. 1995), consisting of "commercial computer
413 matter hereof. If any provision of this License is held to be
417 any, provides otherwise), excluding its conflict-of-law provisions.
418 With respect to disputes in which at least one party is a citizen of,
420 States of America, any litigation relating to this License shall be
421 subject to the jurisdiction of the Federal Courts of the Northern
422 District of California, with venue lying in Santa Clara County,
425 expenses. The application of the United Nations Convention on
426 Contracts for the International Sale of Goods is expressly excluded.
427 Any law or regulation which provides that the language of a contract
435 out of its utilization of rights under this License and You agree to
438 shall be deemed to constitute any admission of liability.
442 Initial Developer may designate portions of the Covered Code as
444 Developer permits you to utilize portions of the Covered Code under
445 Your choice of the MPL or the alternative licenses, if any, specified
450 ``The contents of this file are subject to the Mozilla Public License
452 compliance with the License. You may obtain a copy of the License at
456 basis, WITHOUT WARRANTY OF ANY KIND, either express or implied. See the
462 The Initial Developer of the Original Code is ________________________.
468 Alternatively, the contents of this file may be used under the terms
469 of the _____ license (the "[___] License"), in which case the
470 provisions of [______] License are applicable instead of those
471 above. If you wish to allow use of your version of this file only
472 under the terms of the [____] License and not to allow others to use
473 your version of this file under the MPL, indicate your decision by
476 the provisions above, a recipient may use your version of this file
479 [NOTE: The text of this Exhibit A may differ slightly from the text of
480 the notices in the Source Code files of the Original Code. You should
481 use the text of this Exhibit A rather than the text found in the