NETSCAPE PUBLIC
LICENSE
Version 1.0
1. Definitions.
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.
1.9. ``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.
1.11. ``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.
(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.
3.2. 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.
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.
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.)
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.
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.]