mpl-1.0.htm

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    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.

    <P><B>3.6. Distribution of Executable Versions.</B>

    <BR>You may distribute Covered Code in Executable form only if the
    requirements of Section <B>3.1-3.5</B> 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 <B>3.2</B>.  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.

    <P><B>3.7. Larger Works.</B>

    <BR>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.

</UL>
<B>4. Inability to Comply Due to Statute or Regulation.</B>
<UL>

    <P>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 <B>3.4</B> 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.

</UL>
<B>5. Application of this License.</B>
<UL>

    This License applies to code to which the Initial Developer has attached
    the notice in <B>Exhibit A</B>, and to related Covered Code.

</UL>
<B>6. Versions of the License.</B>
<UL>

    <B>6.1. New Versions</B>. 

    <BR>Netscape Communications Corporation (``Netscape'') may publish
    revised and/or new versions of the License from time to time.  Each
    version will be given a distinguishing version number.

    <P><B>6.2. Effect of New Versions</B>. 

    <BR>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.

    <P><B>6.3. Derivative Works</B>. 

    <BR>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 <B>Exhibit A</B> shall not of
    themselves be deemed to be modifications of this License.)

</UL>
<B>7. DISCLAIMER OF WARRANTY.</B>
<UL>

    COVERED CODE IS PROVIDED UNDER THIS LICENSE ON AN ``AS IS'' BASIS,
    WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING,
    WITHOUT LIMITATION, WARRANTIES THAT THE COVERED CODE IS FREE OF DEFECTS,
    MERCHANTABLE, FIT FOR A PARTICULAR PURPOSE OR NON-INFRINGING. THE ENTIRE
    RISK AS TO THE QUALITY AND PERFORMANCE OF THE COVERED CODE IS WITH
    YOU. SHOULD ANY COVERED CODE PROVE DEFECTIVE IN ANY RESPECT, YOU (NOT THE
    INITIAL DEVELOPER OR ANY OTHER CONTRIBUTOR) ASSUME THE COST OF ANY
    NECESSARY SERVICING, REPAIR OR CORRECTION. THIS DISCLAIMER OF WARRANTY
    CONSTITUTES AN ESSENTIAL PART OF THIS LICENSE. NO USE OF ANY COVERED CODE
    IS AUTHORIZED HEREUNDER EXCEPT UNDER THIS DISCLAIMER.

</UL>
<B>8. TERMINATION.</B>
<UL>

    This License and the rights granted hereunder will terminate
    automatically if You fail to comply with terms herein and fail to cure
    such breach within 30 days of becoming aware of the breach. All
    sublicenses to the Covered Code which are properly granted shall survive
    any termination of this License.  Provisions which, by their nature, must
    remain in effect beyond the termination of this License shall survive.

</UL>
<B>9. LIMITATION OF LIABILITY.</B>
<UL>

    UNDER NO CIRCUMSTANCES AND UNDER NO LEGAL THEORY, WHETHER TORT (INCLUDING
    NEGLIGENCE), CONTRACT, OR OTHERWISE, SHALL THE INITIAL DEVELOPER, ANY
    OTHER CONTRIBUTOR, OR ANY DISTRIBUTOR OF COVERED CODE, OR ANY SUPPLIER OF
    ANY OF SUCH PARTIES, BE LIABLE TO YOU OR ANY OTHER PERSON FOR ANY
    INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES OF ANY CHARACTER
    INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF GOODWILL, WORK
    STOPPAGE, COMPUTER FAILURE OR MALFUNCTION, OR ANY AND ALL OTHER
    COMMERCIAL DAMAGES OR LOSSES, EVEN IF SUCH PARTY SHALL HAVE BEEN INFORMED
    OF THE POSSIBILITY OF SUCH DAMAGES. THIS LIMITATION OF LIABILITY SHALL
    NOT APPLY TO LIABILITY FOR DEATH OR PERSONAL INJURY RESULTING FROM SUCH
    PARTY'S NEGLIGENCE TO THE EXTENT APPLICABLE LAW PROHIBITS SUCH
    LIMITATION. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION
    OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THAT EXCLUSION AND LIMITATION
    MAY NOT APPLY TO YOU.

</UL>
<B>10. U.S. GOVERNMENT END USERS.</B>
<UL>

    The Covered Code is a ``commercial item,'' as that term is defined in 48
    C.F.R. 2.101 (Oct. 1995), consisting of ``commercial computer software''
    and ``commercial computer software documentation,'' as such terms are
    used in 48 C.F.R. 12.212 (Sept. 1995). Consistent with 48 C.F.R. 12.212
    and 48 C.F.R. 227.7202-1 through 227.7202-4 (June 1995), all
    U.S. Government End Users acquire Covered Code with only those rights set
    forth herein.

</UL>
<B>11. MISCELLANEOUS.</B>
<UL>

    This License represents the complete agreement concerning subject matter
    hereof. If any provision of this License is held to be unenforceable,
    such provision shall be reformed only to the extent necessary to make it
    enforceable. This License shall be governed by California law provisions
    (except to the extent applicable law, if any, provides otherwise),
    excluding its conflict-of-law provisions. With respect to disputes in
    which at least one party is a citizen of, or an entity chartered or
    registered to do business in, the United States of America: (a) unless
    otherwise agreed in writing, all disputes relating to this License
    (excepting any dispute relating to intellectual property rights) shall be
    subject to final and binding arbitration, with the losing party paying
    all costs of arbitration; (b) any arbitration relating to this Agreement
    shall be held in Santa Clara County, California, under the auspices of
    JAMS/EndDispute; and (c) any litigation relating to this Agreement shall
    be subject to the jurisdiction of the Federal Courts of the Northern
    District of California, with venue lying in Santa Clara County,
    California, with the losing party responsible for costs, including
    without limitation, court costs and reasonable attorneys fees and
    expenses.  The application of the United Nations Convention on Contracts
    for the International Sale of Goods is expressly excluded. Any law or
    regulation which provides that the language of a contract shall be
    construed against the drafter shall not apply to this License.

</UL>
<B>12. RESPONSIBILITY FOR CLAIMS.</B>
<UL>

    Except in cases where another Contributor has failed to comply with
    Section <B>3.4</B>, You are responsible for damages arising, directly or
    indirectly, out of Your utilization of rights under this License, based
    on the number of copies of Covered Code you made available, the revenues
    you received from utilizing such rights, and other relevant factors. You
    agree to work with affected parties to distribute responsibility on an
    equitable basis.

</UL>
<B>EXHIBIT A.</B>
<UL>

    ``The contents of this file are subject to the Mozilla Public License
    Version 1.0 (the "License"); you may not use this file except in
    compliance with the License. You may obtain a copy of the License at
    http://www.mozilla.org/MPL/

    <P>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.

    <P>The Original Code is ______________________________________.

    <P>The Initial Developer of the Original Code is
    ________________________.  Portions created by ______________________ are
    Copyright (C) ______ _______________________.  All Rights Reserved.

    <P>Contributor(s): ______________________________________.''

</UL>