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