webengine/osswebengine/WebKit/s60/plugins/NPL-1.1.txt
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     1 AMENDMENTS
       
     2 
       
     3      The Netscape Public License Version 1.1 ("NPL") consists of the
       
     4      Mozilla Public License Version 1.1 with the following Amendments,
       
     5      including Exhibit A-Netscape Public License.  Files identified with
       
     6      "Exhibit A-Netscape Public License" are governed by the Netscape
       
     7      Public License Version 1.1.
       
     8 
       
     9      Additional Terms applicable to the Netscape Public License.
       
    10           I. Effect.
       
    11           These additional terms described in this Netscape Public
       
    12           License -- Amendments shall apply to the Mozilla Communicator
       
    13           client code and to all Covered Code under this License.
       
    14 
       
    15           II. "Netscape's Branded Code" means Covered Code that Netscape
       
    16           distributes and/or permits others to distribute under one or more
       
    17           trademark(s) which are controlled by Netscape but which are not
       
    18           licensed for use under this License.
       
    19 
       
    20           III. Netscape and logo.
       
    21           This License does not grant any rights to use the trademarks
       
    22           "Netscape", the "Netscape N and horizon" logo or the "Netscape
       
    23           lighthouse" logo, "Netcenter", "Gecko", "Java" or "JavaScript",
       
    24           "Smart Browsing" even if such marks are included in the Original
       
    25           Code or Modifications.
       
    26 
       
    27           IV. Inability to Comply Due to Contractual Obligation.
       
    28           Prior to licensing the Original Code under this License, Netscape
       
    29           has licensed third party code for use in Netscape's Branded Code.
       
    30           To the extent that Netscape is limited contractually from making
       
    31           such third party code available under this License, Netscape may
       
    32           choose to reintegrate such code into Covered Code without being
       
    33           required to distribute such code in Source Code form, even if
       
    34           such code would otherwise be considered "Modifications" under
       
    35           this License.
       
    36 
       
    37           V. Use of Modifications and Covered Code by Initial Developer.
       
    38                V.1. In General.
       
    39                The obligations of Section 3 apply to Netscape, except to
       
    40                the extent specified in this Amendment, Section V.2 and V.3.
       
    41 
       
    42                V.2. Other Products.
       
    43                Netscape may include Covered Code in products other than the
       
    44                Netscape's Branded Code which are released by Netscape
       
    45                during the two (2) years following the release date of the
       
    46                Original Code, without such additional products becoming
       
    47                subject to the terms of this License, and may license such
       
    48                additional products on different terms from those contained
       
    49                in this License.
       
    50 
       
    51                V.3. Alternative Licensing.
       
    52                Netscape may license the Source Code of Netscape's Branded
       
    53                Code, including Modifications incorporated therein, without
       
    54                such Netscape Branded Code becoming subject to the terms of
       
    55                this License, and may license such Netscape Branded Code on
       
    56                different terms from those contained in this License.
       
    57 
       
    58           VI. Litigation.
       
    59           Notwithstanding the limitations of Section 11 above, the
       
    60           provisions regarding litigation in Section 11(a), (b) and (c) of
       
    61           the License shall apply to all disputes relating to this License.
       
    62 
       
    63      EXHIBIT A-Netscape Public License.
       
    64 
       
    65           "The contents of this file are subject to the Netscape Public
       
    66           License Version 1.1 (the "License"); you may not use this file
       
    67           except in compliance with the License. You may obtain a copy of
       
    68           the License at http://www.mozilla.org/NPL/
       
    69 
       
    70           Software distributed under the License is distributed on an "AS
       
    71           IS" basis, WITHOUT WARRANTY OF ANY KIND, either express or
       
    72           implied. See the License for the specific language governing
       
    73           rights and limitations under the License.
       
    74 
       
    75           The Original Code is Mozilla Communicator client code, released
       
    76           March 31, 1998.
       
    77 
       
    78           The Initial Developer of the Original Code is Netscape
       
    79           Communications Corporation. Portions created by Netscape are
       
    80           Copyright (C) 1998-1999 Netscape Communications Corporation. All
       
    81           Rights Reserved.
       
    82 
       
    83           Contributor(s): ______________________________________.
       
    84 
       
    85           Alternatively, the contents of this file may be used under the
       
    86           terms of the _____ license (the "[___] License"), in which case
       
    87           the provisions of [______] License are applicable  instead of
       
    88           those above.  If you wish to allow use of your version of this
       
    89           file only under the terms of the [____] License and not to allow
       
    90           others to use your version of this file under the NPL, indicate
       
    91           your decision by deleting  the provisions above and replace  them
       
    92           with the notice and other provisions required by the [___]
       
    93           License.  If you do not delete the provisions above, a recipient
       
    94           may use your version of this file under either the NPL or the
       
    95           [___] License."
       
    96 
       
    97      ----------------------------------------------------------------------
       
    98 
       
    99                           MOZILLA PUBLIC LICENSE
       
   100                                 Version 1.1
       
   101 
       
   102                               ---------------
       
   103 
       
   104 1. Definitions.
       
   105 
       
   106      1.0.1. "Commercial Use" means distribution or otherwise making the
       
   107      Covered Code available to a third party.
       
   108 
       
   109      1.1. "Contributor" means each entity that creates or contributes to
       
   110      the creation of Modifications.
       
   111 
       
   112      1.2. "Contributor Version" means the combination of the Original
       
   113      Code, prior Modifications used by a Contributor, and the Modifications
       
   114      made by that particular Contributor.
       
   115 
       
   116      1.3. "Covered Code" means the Original Code or Modifications or the
       
   117      combination of the Original Code and Modifications, in each case
       
   118      including portions thereof.
       
   119 
       
   120      1.4. "Electronic Distribution Mechanism" means a mechanism generally
       
   121      accepted in the software development community for the electronic
       
   122      transfer of data.
       
   123 
       
   124      1.5. "Executable" means Covered Code in any form other than Source
       
   125      Code.
       
   126 
       
   127      1.6. "Initial Developer" means the individual or entity identified
       
   128      as the Initial Developer in the Source Code notice required by Exhibit
       
   129      A.
       
   130 
       
   131      1.7. "Larger Work" means a work which combines Covered Code or
       
   132      portions thereof with code not governed by the terms of this License.
       
   133 
       
   134      1.8. "License" means this document.
       
   135 
       
   136      1.8.1. "Licensable" means having the right to grant, to the maximum
       
   137      extent possible, whether at the time of the initial grant or
       
   138      subsequently acquired, any and all of the rights conveyed herein.
       
   139 
       
   140      1.9. "Modifications" means any addition to or deletion from the
       
   141      substance or structure of either the Original Code or any previous
       
   142      Modifications. When Covered Code is released as a series of files, a
       
   143      Modification is:
       
   144           A. Any addition to or deletion from the contents of a file
       
   145           containing Original Code or previous Modifications.
       
   146 
       
   147           B. Any new file that contains any part of the Original Code or
       
   148           previous Modifications.
       
   149 
       
   150      1.10. "Original Code" means Source Code of computer software code
       
   151      which is described in the Source Code notice required by Exhibit A as
       
   152      Original Code, and which, at the time of its release under this
       
   153      License is not already Covered Code governed by this License.
       
   154 
       
   155      1.10.1. "Patent Claims" means any patent claim(s), now owned or
       
   156      hereafter acquired, including without limitation,  method, process,
       
   157      and apparatus claims, in any patent Licensable by grantor.
       
   158 
       
   159      1.11. "Source Code" means the preferred form of the Covered Code for
       
   160      making modifications to it, including all modules it contains, plus
       
   161      any associated interface definition files, scripts used to control
       
   162      compilation and installation of an Executable, or source code
       
   163      differential comparisons against either the Original Code or another
       
   164      well known, available Covered Code of the Contributor's choice. The
       
   165      Source Code can be in a compressed or archival form, provided the
       
   166      appropriate decompression or de-archiving software is widely available
       
   167      for no charge.
       
   168 
       
   169      1.12. "You" (or "Your")  means an individual or a legal entity
       
   170      exercising rights under, and complying with all of the terms of, this
       
   171      License or a future version of this License issued under Section 6.1.
       
   172      For legal entities, "You" includes any entity which controls, is
       
   173      controlled by, or is under common control with You. For purposes of
       
   174      this definition, "control" means (a) the power, direct or indirect,
       
   175      to cause the direction or management of such entity, whether by
       
   176      contract or otherwise, or (b) ownership of more than fifty percent
       
   177      (50%) of the outstanding shares or beneficial ownership of such
       
   178      entity.
       
   179 
       
   180 2. Source Code License.
       
   181 
       
   182      2.1. The Initial Developer Grant.
       
   183      The Initial Developer hereby grants You a world-wide, royalty-free,
       
   184      non-exclusive license, subject to third party intellectual property
       
   185      claims:
       
   186           (a)  under intellectual property rights (other than patent or
       
   187           trademark) Licensable by Initial Developer to use, reproduce,
       
   188           modify, display, perform, sublicense and distribute the Original
       
   189           Code (or portions thereof) with or without Modifications, and/or
       
   190           as part of a Larger Work; and
       
   191 
       
   192           (b) under Patents Claims infringed by the making, using or
       
   193           selling of Original Code, to make, have made, use, practice,
       
   194           sell, and offer for sale, and/or otherwise dispose of the
       
   195           Original Code (or portions thereof).
       
   196 
       
   197           (c) the licenses granted in this Section 2.1(a) and (b) are
       
   198           effective on the date Initial Developer first distributes
       
   199           Original Code under the terms of this License.
       
   200 
       
   201           (d) Notwithstanding Section 2.1(b) above, no patent license is
       
   202           granted: 1) for code that You delete from the Original Code; 2)
       
   203           separate from the Original Code;  or 3) for infringements caused
       
   204           by: i) the modification of the Original Code or ii) the
       
   205           combination of the Original Code with other software or devices.
       
   206 
       
   207      2.2. Contributor Grant.
       
   208      Subject to third party intellectual property claims, each Contributor
       
   209      hereby grants You a world-wide, royalty-free, non-exclusive license
       
   210 
       
   211           (a)  under intellectual property rights (other than patent or
       
   212           trademark) Licensable by Contributor, to use, reproduce, modify,
       
   213           display, perform, sublicense and distribute the Modifications
       
   214           created by such Contributor (or portions thereof) either on an
       
   215           unmodified basis, with other Modifications, as Covered Code
       
   216           and/or as part of a Larger Work; and
       
   217 
       
   218           (b) under Patent Claims infringed by the making, using, or
       
   219           selling of  Modifications made by that Contributor either alone
       
   220           and/or in combination with its Contributor Version (or portions
       
   221           of such combination), to make, use, sell, offer for sale, have
       
   222           made, and/or otherwise dispose of: 1) Modifications made by that
       
   223           Contributor (or portions thereof); and 2) the combination of
       
   224           Modifications made by that Contributor with its Contributor
       
   225           Version (or portions of such combination).
       
   226 
       
   227           (c) the licenses granted in Sections 2.2(a) and 2.2(b) are
       
   228           effective on the date Contributor first makes Commercial Use of
       
   229           the Covered Code.
       
   230 
       
   231           (d)    Notwithstanding Section 2.2(b) above, no patent license is
       
   232           granted: 1) for any code that Contributor has deleted from the
       
   233           Contributor Version; 2)  separate from the Contributor Version;
       
   234           3)  for infringements caused by: i) third party modifications of
       
   235           Contributor Version or ii)  the combination of Modifications made
       
   236           by that Contributor with other software  (except as part of the
       
   237           Contributor Version) or other devices; or 4) under Patent Claims
       
   238           infringed by Covered Code in the absence of Modifications made by
       
   239           that Contributor.
       
   240 
       
   241 3. Distribution Obligations.
       
   242 
       
   243      3.1. Application of License.
       
   244      The Modifications which You create or to which You contribute are
       
   245      governed by the terms of this License, including without limitation
       
   246      Section 2.2. The Source Code version of Covered Code may be
       
   247      distributed only under the terms of this License or a future version
       
   248      of this License released under Section 6.1, and You must include a
       
   249      copy of this License with every copy of the Source Code You
       
   250      distribute. You may not offer or impose any terms on any Source Code
       
   251      version that alters or restricts the applicable version of this
       
   252      License or the recipients' rights hereunder. However, You may include
       
   253      an additional document offering the additional rights described in
       
   254      Section 3.5.
       
   255 
       
   256      3.2. Availability of Source Code.
       
   257      Any Modification which You create or to which You contribute must be
       
   258      made available in Source Code form under the terms of this License
       
   259      either on the same media as an Executable version or via an accepted
       
   260      Electronic Distribution Mechanism to anyone to whom you made an
       
   261      Executable version available; and if made available via Electronic
       
   262      Distribution Mechanism, must remain available for at least twelve (12)
       
   263      months after the date it initially became available, or at least six
       
   264      (6) months after a subsequent version of that particular Modification
       
   265      has been made available to such recipients. You are responsible for
       
   266      ensuring that the Source Code version remains available even if the
       
   267      Electronic Distribution Mechanism is maintained by a third party.
       
   268 
       
   269      3.3. Description of Modifications.
       
   270      You must cause all Covered Code to which You contribute to contain a
       
   271      file documenting the changes You made to create that Covered Code and
       
   272      the date of any change. You must include a prominent statement that
       
   273      the Modification is derived, directly or indirectly, from Original
       
   274      Code provided by the Initial Developer and including the name of the
       
   275      Initial Developer in (a) the Source Code, and (b) in any notice in an
       
   276      Executable version or related documentation in which You describe the
       
   277      origin or ownership of the Covered Code.
       
   278 
       
   279      3.4. Intellectual Property Matters
       
   280           (a) Third Party Claims.
       
   281           If Contributor has knowledge that a license under a third party's
       
   282           intellectual property rights is required to exercise the rights
       
   283           granted by such Contributor under Sections 2.1 or 2.2,
       
   284           Contributor must include a text file with the Source Code
       
   285           distribution titled "LEGAL" which describes the claim and the
       
   286           party making the claim in sufficient detail that a recipient will
       
   287           know whom to contact. If Contributor obtains such knowledge after
       
   288           the Modification is made available as described in Section 3.2,
       
   289           Contributor shall promptly modify the LEGAL file in all copies
       
   290           Contributor makes available thereafter and shall take other steps
       
   291           (such as notifying appropriate mailing lists or newsgroups)
       
   292           reasonably calculated to inform those who received the Covered
       
   293           Code that new knowledge has been obtained.
       
   294 
       
   295           (b) Contributor APIs.
       
   296           If Contributor's Modifications include an application programming
       
   297           interface and Contributor has knowledge of patent licenses which
       
   298           are reasonably necessary to implement that API, Contributor must
       
   299           also include this information in the LEGAL file.
       
   300 
       
   301                (c)    Representations.
       
   302           Contributor represents that, except as disclosed pursuant to
       
   303           Section 3.4(a) above, Contributor believes that Contributor's
       
   304           Modifications are Contributor's original creation(s) and/or
       
   305           Contributor has sufficient rights to grant the rights conveyed by
       
   306           this License.
       
   307 
       
   308      3.5. Required Notices.
       
   309      You must duplicate the notice in Exhibit A in each file of the Source
       
   310      Code.  If it is not possible to put such notice in a particular Source
       
   311      Code file due to its structure, then You must include such notice in a
       
   312      location (such as a relevant directory) where a user would be likely
       
   313      to look for such a notice.  If You created one or more Modification(s)
       
   314      You may add your name as a Contributor to the notice described in
       
   315      Exhibit A.  You must also duplicate this License in any documentation
       
   316      for the Source Code where You describe recipients' rights or ownership
       
   317      rights relating to Covered Code.  You may choose to offer, and to
       
   318      charge a fee for, warranty, support, indemnity or liability
       
   319      obligations to one or more recipients of Covered Code. However, You
       
   320      may do so only on Your own behalf, and not on behalf of the Initial
       
   321      Developer or any Contributor. You must make it absolutely clear than
       
   322      any such warranty, support, indemnity or liability obligation is
       
   323      offered by You alone, and You hereby agree to indemnify the Initial
       
   324      Developer and every Contributor for any liability incurred by the
       
   325      Initial Developer or such Contributor as a result of warranty,
       
   326      support, indemnity or liability terms You offer.
       
   327 
       
   328      3.6. Distribution of Executable Versions.
       
   329      You may distribute Covered Code in Executable form only if the
       
   330      requirements of Section 3.1-3.5 have been met for that Covered Code,
       
   331      and if You include a notice stating that the Source Code version of
       
   332      the Covered Code is available under the terms of this License,
       
   333      including a description of how and where You have fulfilled the
       
   334      obligations of Section 3.2. The notice must be conspicuously included
       
   335      in any notice in an Executable version, related documentation or
       
   336      collateral in which You describe recipients' rights relating to the
       
   337      Covered Code. You may distribute the Executable version of Covered
       
   338      Code or ownership rights under a license of Your choice, which may
       
   339      contain terms different from this License, provided that You are in
       
   340      compliance with the terms of this License and that the license for the
       
   341      Executable version does not attempt to limit or alter the recipient's
       
   342      rights in the Source Code version from the rights set forth in this
       
   343      License. If You distribute the Executable version under a different
       
   344      license You must make it absolutely clear that any terms which differ
       
   345      from this License are offered by You alone, not by the Initial
       
   346      Developer or any Contributor. You hereby agree to indemnify the
       
   347      Initial Developer and every Contributor for any liability incurred by
       
   348      the Initial Developer or such Contributor as a result of any such
       
   349      terms You offer.
       
   350 
       
   351      3.7. Larger Works.
       
   352      You may create a Larger Work by combining Covered Code with other code
       
   353      not governed by the terms of this License and distribute the Larger
       
   354      Work as a single product. In such a case, You must make sure the
       
   355      requirements of this License are fulfilled for the Covered Code.
       
   356 
       
   357 4. Inability to Comply Due to Statute or Regulation.
       
   358 
       
   359      If it is impossible for You to comply with any of the terms of this
       
   360      License with respect to some or all of the Covered Code due to
       
   361      statute, judicial order, or regulation then You must: (a) comply with
       
   362      the terms of this License to the maximum extent possible; and (b)
       
   363      describe the limitations and the code they affect. Such description
       
   364      must be included in the LEGAL file described in Section 3.4 and must
       
   365      be included with all distributions of the Source Code. Except to the
       
   366      extent prohibited by statute or regulation, such description must be
       
   367      sufficiently detailed for a recipient of ordinary skill to be able to
       
   368      understand it.
       
   369 
       
   370 5. Application of this License.
       
   371 
       
   372      This License applies to code to which the Initial Developer has
       
   373      attached the notice in Exhibit A and to related Covered Code.
       
   374 
       
   375 6. Versions of the License.
       
   376 
       
   377      6.1. New Versions.
       
   378      Netscape Communications Corporation ("Netscape") may publish revised
       
   379      and/or new versions of the License from time to time. Each version
       
   380      will be given a distinguishing version number.
       
   381 
       
   382      6.2. Effect of New Versions.
       
   383      Once Covered Code has been published under a particular version of the
       
   384      License, You may always continue to use it under the terms of that
       
   385      version. You may also choose to use such Covered Code under the terms
       
   386      of any subsequent version of the License published by Netscape. No one
       
   387      other than Netscape has the right to modify the terms applicable to
       
   388      Covered Code created under this License.
       
   389 
       
   390      6.3. Derivative Works.
       
   391      If You create or use a modified version of this License (which you may
       
   392      only do in order to apply it to code which is not already Covered Code
       
   393      governed by this License), You must (a) rename Your license so that
       
   394      the phrases "Mozilla", "MOZILLAPL", "MOZPL", "Netscape",
       
   395      "MPL", "NPL" or any confusingly similar phrase do not appear in your
       
   396      license (except to note that your license differs from this License)
       
   397      and (b) otherwise make it clear that Your version of the license
       
   398      contains terms which differ from the Mozilla Public License and
       
   399      Netscape Public License. (Filling in the name of the Initial
       
   400      Developer, Original Code or Contributor in the notice described in
       
   401      Exhibit A shall not of themselves be deemed to be modifications of
       
   402      this License.)
       
   403 
       
   404 7. DISCLAIMER OF WARRANTY.
       
   405 
       
   406      COVERED CODE IS PROVIDED UNDER THIS LICENSE ON AN "AS IS" BASIS,
       
   407      WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING,
       
   408      WITHOUT LIMITATION, WARRANTIES THAT THE COVERED CODE IS FREE OF
       
   409      DEFECTS, MERCHANTABLE, FIT FOR A PARTICULAR PURPOSE OR NON-INFRINGING.
       
   410      THE ENTIRE RISK AS TO THE QUALITY AND PERFORMANCE OF THE COVERED CODE
       
   411      IS WITH YOU. SHOULD ANY COVERED CODE PROVE DEFECTIVE IN ANY RESPECT,
       
   412      YOU (NOT THE INITIAL DEVELOPER OR ANY OTHER CONTRIBUTOR) ASSUME THE
       
   413      COST OF ANY NECESSARY SERVICING, REPAIR OR CORRECTION. THIS DISCLAIMER
       
   414      OF WARRANTY CONSTITUTES AN ESSENTIAL PART OF THIS LICENSE. NO USE OF
       
   415      ANY COVERED CODE IS AUTHORIZED HEREUNDER EXCEPT UNDER THIS DISCLAIMER.
       
   416 
       
   417 8. TERMINATION.
       
   418 
       
   419      8.1.  This License and the rights granted hereunder will terminate
       
   420      automatically if You fail to comply with terms herein and fail to cure
       
   421      such breach within 30 days of becoming aware of the breach. All
       
   422      sublicenses to the Covered Code which are properly granted shall
       
   423      survive any termination of this License. Provisions which, by their
       
   424      nature, must remain in effect beyond the termination of this License
       
   425      shall survive.
       
   426 
       
   427      8.2.  If You initiate litigation by asserting a patent infringement
       
   428      claim (excluding declatory judgment actions) against Initial Developer
       
   429      or a Contributor (the Initial Developer or Contributor against whom
       
   430      You file such action is referred to as "Participant")  alleging that:
       
   431 
       
   432      (a)  such Participant's Contributor Version directly or indirectly
       
   433      infringes any patent, then any and all rights granted by such
       
   434      Participant to You under Sections 2.1 and/or 2.2 of this License
       
   435      shall, upon 60 days notice from Participant terminate prospectively,
       
   436      unless if within 60 days after receipt of notice You either: (i)
       
   437      agree in writing to pay Participant a mutually agreeable reasonable
       
   438      royalty for Your past and future use of Modifications made by such
       
   439      Participant, or (ii) withdraw Your litigation claim with respect to
       
   440      the Contributor Version against such Participant.  If within 60 days
       
   441      of notice, a reasonable royalty and payment arrangement are not
       
   442      mutually agreed upon in writing by the parties or the litigation claim
       
   443      is not withdrawn, the rights granted by Participant to You under
       
   444      Sections 2.1 and/or 2.2 automatically terminate at the expiration of
       
   445      the 60 day notice period specified above.
       
   446 
       
   447      (b)  any software, hardware, or device, other than such Participant's
       
   448      Contributor Version, directly or indirectly infringes any patent, then
       
   449      any rights granted to You by such Participant under Sections 2.1(b)
       
   450      and 2.2(b) are revoked effective as of the date You first made, used,
       
   451      sold, distributed, or had made, Modifications made by that
       
   452      Participant.
       
   453 
       
   454      8.3.  If You assert a patent infringement claim against Participant
       
   455      alleging that such Participant's Contributor Version directly or
       
   456      indirectly infringes any patent where such claim is resolved (such as
       
   457      by license or settlement) prior to the initiation of patent
       
   458      infringement litigation, then the reasonable value of the licenses
       
   459      granted by such Participant under Sections 2.1 or 2.2 shall be taken
       
   460      into account in determining the amount or value of any payment or
       
   461      license.
       
   462 
       
   463      8.4.  In the event of termination under Sections 8.1 or 8.2 above,
       
   464      all end user license agreements (excluding distributors and resellers)
       
   465      which have been validly granted by You or any distributor hereunder
       
   466      prior to termination shall survive termination.
       
   467 
       
   468 9. LIMITATION OF LIABILITY.
       
   469 
       
   470      UNDER NO CIRCUMSTANCES AND UNDER NO LEGAL THEORY, WHETHER TORT
       
   471      (INCLUDING NEGLIGENCE), CONTRACT, OR OTHERWISE, SHALL YOU, THE INITIAL
       
   472      DEVELOPER, ANY OTHER CONTRIBUTOR, OR ANY DISTRIBUTOR OF COVERED CODE,
       
   473      OR ANY SUPPLIER OF ANY OF SUCH PARTIES, BE LIABLE TO ANY PERSON FOR
       
   474      ANY INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES OF ANY
       
   475      CHARACTER INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF GOODWILL,
       
   476      WORK STOPPAGE, COMPUTER FAILURE OR MALFUNCTION, OR ANY AND ALL OTHER
       
   477      COMMERCIAL DAMAGES OR LOSSES, EVEN IF SUCH PARTY SHALL HAVE BEEN
       
   478      INFORMED OF THE POSSIBILITY OF SUCH DAMAGES. THIS LIMITATION OF
       
   479      LIABILITY SHALL NOT APPLY TO LIABILITY FOR DEATH OR PERSONAL INJURY
       
   480      RESULTING FROM SUCH PARTY'S NEGLIGENCE TO THE EXTENT APPLICABLE LAW
       
   481      PROHIBITS SUCH LIMITATION. SOME JURISDICTIONS DO NOT ALLOW THE
       
   482      EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO
       
   483      THIS EXCLUSION AND LIMITATION MAY NOT APPLY TO YOU.
       
   484 
       
   485 10. U.S. GOVERNMENT END USERS.
       
   486 
       
   487      The Covered Code is a "commercial item," as that term is defined in
       
   488      48 C.F.R. 2.101 (Oct. 1995), consisting of "commercial computer
       
   489      software" and "commercial computer software documentation," as such
       
   490      terms are used in 48 C.F.R. 12.212 (Sept. 1995). Consistent with 48
       
   491      C.F.R. 12.212 and 48 C.F.R. 227.7202-1 through 227.7202-4 (June 1995),
       
   492      all U.S. Government End Users acquire Covered Code with only those
       
   493      rights set forth herein.
       
   494 
       
   495 11. MISCELLANEOUS.
       
   496 
       
   497      This License represents the complete agreement concerning subject
       
   498      matter hereof. If any provision of this License is held to be
       
   499      unenforceable, such provision shall be reformed only to the extent
       
   500      necessary to make it enforceable. This License shall be governed by
       
   501      California law provisions (except to the extent applicable law, if
       
   502      any, provides otherwise), excluding its conflict-of-law provisions.
       
   503      With respect to disputes in which at least one party is a citizen of,
       
   504      or an entity chartered or registered to do business in the United
       
   505      States of America, any litigation relating to this License shall be
       
   506      subject to the jurisdiction of the Federal Courts of the Northern
       
   507      District of California, with venue lying in Santa Clara County,
       
   508      California, with the losing party responsible for costs, including
       
   509      without limitation, court costs and reasonable attorneys' fees and
       
   510      expenses. The application of the United Nations Convention on
       
   511      Contracts for the International Sale of Goods is expressly excluded.
       
   512      Any law or regulation which provides that the language of a contract
       
   513      shall be construed against the drafter shall not apply to this
       
   514      License.
       
   515 
       
   516 12. RESPONSIBILITY FOR CLAIMS.
       
   517 
       
   518      As between Initial Developer and the Contributors, each party is
       
   519      responsible for claims and damages arising, directly or indirectly,
       
   520      out of its utilization of rights under this License and You agree to
       
   521      work with Initial Developer and Contributors to distribute such
       
   522      responsibility on an equitable basis. Nothing herein is intended or
       
   523      shall be deemed to constitute any admission of liability.
       
   524 
       
   525 13. MULTIPLE-LICENSED CODE.
       
   526 
       
   527      Initial Developer may designate portions of the Covered Code as
       
   528      "Multiple-Licensed".  "Multiple-Licensed" means that the Initial
       
   529      Developer permits you to utilize portions of the Covered Code under
       
   530      Your choice of the NPL or the alternative licenses, if any, specified
       
   531      by the Initial Developer in the file described in Exhibit A.
       
   532 
       
   533 EXHIBIT A -Mozilla Public License.
       
   534 
       
   535      ``The contents of this file are subject to the Mozilla Public License
       
   536      Version 1.1 (the "License"); you may not use this file except in
       
   537      compliance with the License. You may obtain a copy of the License at
       
   538      http://www.mozilla.org/MPL/
       
   539 
       
   540      Software distributed under the License is distributed on an "AS IS"
       
   541      basis, WITHOUT WARRANTY OF ANY KIND, either express or implied. See the
       
   542      License for the specific language governing rights and limitations
       
   543      under the License.
       
   544 
       
   545      The Original Code is ______________________________________.
       
   546 
       
   547      The Initial Developer of the Original Code is ________________________.
       
   548      Portions created by ______________________ are Copyright (C) ______
       
   549      _______________________. All Rights Reserved.
       
   550 
       
   551      Contributor(s): ______________________________________.
       
   552 
       
   553      Alternatively, the contents of this file may be used under the terms
       
   554      of the _____ license (the  "[___] License"), in which case the
       
   555      provisions of [______] License are applicable instead of those
       
   556      above.  If you wish to allow use of your version of this file only
       
   557      under the terms of the [____] License and not to allow others to use
       
   558      your version of this file under the MPL, indicate your decision by
       
   559      deleting  the provisions above and replace  them with the notice and
       
   560      other provisions required by the [___] License.  If you do not delete
       
   561      the provisions above, a recipient may use your version of this file
       
   562      under either the MPL or the [___] License."
       
   563 
       
   564      [NOTE: The text of this Exhibit A may differ slightly from the text of
       
   565      the notices in the Source Code files of the Original Code. You should
       
   566      use the text of this Exhibit A rather than the text found in the
       
   567      Original Code Source Code for Your Modifications.]