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root/tags/Shoola_3.0_M3/legal/mpl-v1_0.htm

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1<!DOCTYPE HTML PUBLIC "-//W3C//DTD HTML 4.0 Transitional//EN">
2<HTML><HEAD><TITLE>Mozilla Public License version 1.0</TITLE>
3<META http-equiv=Content-Type content="text/html; charset=windows-1252">
4<META content="MSHTML 6.00.2900.2523" name=GENERATOR></HEAD>
5<BODY text=#000000 vLink=#551a8b aLink=#ff0000 link=#0000ee bgColor=#ffffff>
6<P align=center><FONT size=+2><B>MOZILLA PUBLIC LICENSE</B></FONT><BR><B>Version
71.0</B> </P>
8<P>
9<HR width="20%">
10
11<P>
12<P><B>1. Definitions.</B> 
13<UL><B>1.1. ``Contributor''</B> means each entity that creates or contributes
14  to the creation of Modifications.
15  <P><B>1.2. ``Contributor Version''</B> means the combination of the Original
16  Code, prior Modifications used by a Contributor, and the Modifications made by
17  that particular Contributor.
18  <P><B>1.3. ``Covered Code''</B> means the Original Code or Modifications or
19  the combination of the Original Code and Modifications, in each case including
20  portions thereof<B>.</B> 
21  <P><B>1.4. ``Electronic Distribution Mechanism''</B> means a mechanism
22  generally accepted in the software development community for the electronic
23  transfer of data.
24  <P><B>1.5. ``Executable''</B> means Covered Code in any form other than Source
25  Code.
26  <P><B>1.6. ``Initial Developer''</B> means the individual or entity identified
27  as the Initial Developer in the Source Code notice required by <B>Exhibit
28  A</B>.
29  <P><B>1.7. ``Larger Work''</B> means a work which combines Covered Code or
30  portions thereof with code not governed by the terms of this License.
31  <P><B>1.8. ``License''</B> means this document.
32  <P><B>1.9. ``Modifications''</B> means any addition to or deletion from the
33  substance or structure of either the Original Code or any previous
34  Modifications. When Covered Code is released as a series of files, a
35  Modification is:
36  <UL>
37    <P><B>A.</B> Any addition to or deletion from the contents of a file
38    containing Original Code or previous Modifications.
39    <P><B>B.</B> Any new file that contains any part of the Original Code or
40    previous Modifications. </P></UL>
41  <P><B>1.10. ``Original Code''</B> means Source Code of computer software code
42  which is described in the Source Code notice required by <B>Exhibit A</B> as
43  Original Code, and which, at the time of its release under this License is not
44  already Covered Code governed by this License.
45  <P><B>1.11. ``Source Code''</B> means the preferred form of the Covered Code
46  for making modifications to it, including all modules it contains, plus any
47  associated interface definition files, scripts used to control compilation and
48  installation of an Executable, or a list of source code differential
49  comparisons against either the Original Code or another well known, available
50  Covered Code of the Contributor's choice. The Source Code can be in a
51  compressed or archival form, provided the appropriate decompression or
52  de-archiving software is widely available for no charge.
53  <P><B>1.12. ``You''</B> means an individual or a legal entity exercising
54  rights under, and complying with all of the terms of, this License or a future
55  version of this License issued under Section 6.1. For legal entities, ``You''
56  includes any entity which controls, is controlled by, or is under common
57  control with You. For purposes of this definition, ``control'' means (a) the
58  power, direct or indirect, to cause the direction or management of such
59  entity, whether by contract or otherwise, or (b) ownership of fifty percent
60  (50%) or more of the outstanding shares or beneficial ownership of such
61  entity. </P></UL><B>2. Source Code License.</B> 
62<UL><B>2.1. The Initial Developer Grant.</B> <BR>The Initial Developer hereby
63  grants You a world-wide, royalty-free, non-exclusive license, subject to third
64  party intellectual property claims:
65  <UL>
66    <P><B>(a)</B> to use, reproduce, modify, display, perform, sublicense and
67    distribute the Original Code (or portions thereof) with or without
68    Modifications, or as part of a Larger Work; and
69    <P><B>(b)</B> under patents now or hereafter owned or controlled by Initial
70    Developer, to make, have made, use and sell (``Utilize'') the Original Code
71    (or portions thereof), but solely to the extent that any such patent is
72    reasonably necessary to enable You to Utilize the Original Code (or portions
73    thereof) and not to any greater extent that may be necessary to Utilize
74    further Modifications or combinations. </P></UL>
75  <P><B>2.2. Contributor Grant.</B> <BR>Each Contributor hereby grants You a
76  world-wide, royalty-free, non-exclusive license, subject to third party
77  intellectual property claims:
78  <UL>
79    <P><B>(a)</B> to use, reproduce, modify, display, perform, sublicense and
80    distribute the Modifications created by such Contributor (or portions
81    thereof) either on an unmodified basis, with other Modifications, as Covered
82    Code or as part of a Larger Work; and
83    <P><B>(b)</B> under patents now or hereafter owned or controlled by
84    Contributor, to Utilize the Contributor Version (or portions thereof), but
85    solely to the extent that any such patent is reasonably necessary to enable
86    You to Utilize the Contributor Version (or portions thereof), and not to any
87    greater extent that may be necessary to Utilize further Modifications or
88    combinations. </P></UL></UL><B>3. Distribution Obligations.</B> 
89<UL><B>3.1. Application of License.</B> <BR>The Modifications which You create
90  or to which You contribute are governed by the terms of this License,
91  including without limitation Section <B>2.2</B>. The Source Code version of
92  Covered Code may be distributed only under the terms of this License or a
93  future version of this License released under Section <B>6.1</B>, and You must
94  include a copy of this License with every copy of the Source Code You
95  distribute. You may not offer or impose any terms on any Source Code version
96  that alters or restricts the applicable version of this License or the
97  recipients' rights hereunder. However, You may include an additional document
98  offering the additional rights described in Section <B>3.5</B>.
99  <P><B>3.2. Availability of Source Code.</B> <BR>Any Modification which You
100  create or to which You contribute must be made available in Source Code form
101  under the terms of this License either on the same media as an Executable
102  version or via an accepted Electronic Distribution Mechanism to anyone to whom
103  you made an Executable version available; and if made available via Electronic
104  Distribution Mechanism, must remain available for at least twelve (12) months
105  after the date it initially became available, or at least six (6) months after
106  a subsequent version of that particular Modification has been made available
107  to such recipients. You are responsible for ensuring that the Source Code
108  version remains available even if the Electronic Distribution Mechanism is
109  maintained by a third party.
110  <P><B>3.3. Description of Modifications.</B> <BR>You must cause all Covered
111  Code to which you contribute to contain a file documenting the changes You
112  made to create that Covered Code and the date of any change. You must include
113  a prominent statement that the Modification is derived, directly or
114  indirectly, from Original Code provided by the Initial Developer and including
115  the name of the Initial Developer in (a) the Source Code, and (b) in any
116  notice in an Executable version or related documentation in which You describe
117  the origin or ownership of the Covered Code.
118  <P><B>3.4. Intellectual Property Matters</B> 
119  <UL>
120    <P><B>(a) Third Party Claims</B>. <BR>If You have knowledge that a party
121    claims an intellectual property right in particular functionality or code
122    (or its utilization under this License), you must include a text file with
123    the source code distribution titled ``LEGAL'' which describes the claim and
124    the party making the claim in sufficient detail that a recipient will know
125    whom to contact. If you obtain such knowledge after You make Your
126    Modification available as described in Section <B>3.2</B>, You shall
127    promptly modify the LEGAL file in all copies You make available thereafter
128    and shall take other steps (such as notifying appropriate mailing lists or
129    newsgroups) reasonably calculated to inform those who received the Covered
130    Code that new knowledge has been obtained.
131    <P><B>(b) Contributor APIs</B>. <BR>If Your Modification is an application
132    programming interface and You own or control patents which are reasonably
133    necessary to implement that API, you must also include this information in
134    the LEGAL file. </P></UL>
135  <P><B>3.5. Required Notices.</B> <BR>You must duplicate the notice in
136  <B>Exhibit A</B> in each file of the Source Code, and this License in any
137  documentation for the Source Code, where You describe recipients' rights
138  relating to Covered Code. If You created one or more Modification(s), You may
139  add your name as a Contributor to the notice described in <B>Exhibit A</B>. If
140  it is not possible to put such notice in a particular Source Code file due to
141  its structure, then you must include such notice in a location (such as a
142  relevant directory file) where a user would be likely to look for such a
143  notice. You may choose to offer, and to charge a fee for, warranty, support,
144  indemnity or liability obligations to one or more recipients of Covered Code.
145  However, You may do so only on Your own behalf, and not on behalf of the
146  Initial Developer or any Contributor. You must make it absolutely clear than
147  any such warranty, support, indemnity or liability obligation is offered by
148  You alone, and You hereby agree to indemnify the Initial Developer and every
149  Contributor for any liability incurred by the Initial Developer or such
150  Contributor as a result of warranty, support, indemnity or liability terms You
151  offer.
152  <P><B>3.6. Distribution of Executable Versions.</B> <BR>You may distribute
153  Covered Code in Executable form only if the requirements of Section
154  <B>3.1-3.5</B> have been met for that Covered Code, and if You include a
155  notice stating that the Source Code version of the Covered Code is available
156  under the terms of this License, including a description of how and where You
157  have fulfilled the obligations of Section <B>3.2</B>. The notice must be
158  conspicuously included in any notice in an Executable version, related
159  documentation or collateral in which You describe recipients' rights relating
160  to the Covered Code. You may distribute the Executable version of Covered Code
161  under a license of Your choice, which may contain terms different from this
162  License, provided that You are in compliance with the terms of this License
163  and that the license for the Executable version does not attempt to limit or
164  alter the recipient's rights in the Source Code version from the rights set
165  forth in this License. If You distribute the Executable version under a
166  different license You must make it absolutely clear that any terms which
167  differ from this License are offered by You alone, not by the Initial
168  Developer or any Contributor. You hereby agree to indemnify the Initial
169  Developer and every Contributor for any liability incurred by the Initial
170  Developer or such Contributor as a result of any such terms You offer.
171  <P><B>3.7. Larger Works.</B> <BR>You may create a Larger Work by combining
172  Covered Code with other code not governed by the terms of this License and
173  distribute the Larger Work as a single product. In such a case, You must make
174  sure the requirements of this License are fulfilled for the Covered Code.
175</P></UL><B>4. Inability to Comply Due to Statute or Regulation.</B> 
176<UL>
177  <P>If it is impossible for You to comply with any of the terms of this License
178  with respect to some or all of the Covered Code due to statute or regulation
179  then You must: (a) comply with the terms of this License to the maximum extent
180  possible; and (b) describe the limitations and the code they affect. Such
181  description must be included in the LEGAL file described in Section <B>3.4</B> 
182  and must be included with all distributions of the Source Code. Except to the
183  extent prohibited by statute or regulation, such description must be
184  sufficiently detailed for a recipient of ordinary skill to be able to
185  understand it. </P></UL><B>5. Application of this License.</B> 
186<UL>This License applies to code to which the Initial Developer has attached
187  the notice in <B>Exhibit A</B>, and to related Covered Code. </UL><B>6. Versions
188of the License.</B> 
189<UL><B>6.1. New Versions</B>. <BR>Netscape Communications Corporation
190  (``Netscape'') may publish revised and/or new versions of the License from
191  time to time. Each version will be given a distinguishing version number.
192  <P><B>6.2. Effect of New Versions</B>. <BR>Once Covered Code has been
193  published under a particular version of the License, You may always continue
194  to use it under the terms of that version. You may also choose to use such
195  Covered Code under the terms of any subsequent version of the License
196  published by Netscape. No one other than Netscape has the right to modify the
197  terms applicable to Covered Code created under this License.
198  <P><B>6.3. Derivative Works</B>. <BR>If you create or use a modified version
199  of this License (which you may only do in order to apply it to code which is
200  not already Covered Code governed by this License), you must (a) rename Your
201  license so that the phrases ``Mozilla'', ``MOZILLAPL'', ``MOZPL'',
202  ``Netscape'', ``NPL'' or any confusingly similar phrase do not appear anywhere
203  in your license and (b) otherwise make it clear that your version of the
204  license contains terms which differ from the Mozilla Public License and
205  Netscape Public License. (Filling in the name of the Initial Developer,
206  Original Code or Contributor in the notice described in <B>Exhibit A</B> shall
207  not of themselves be deemed to be modifications of this License.) </P></UL><B>7.
208DISCLAIMER OF WARRANTY.</B> 
209<UL>COVERED CODE IS PROVIDED UNDER THIS LICENSE ON AN ``AS IS'' BASIS, WITHOUT
210  WARRANTY OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING, WITHOUT
211  LIMITATION, WARRANTIES THAT THE COVERED CODE IS FREE OF DEFECTS, MERCHANTABLE,
212  FIT FOR A PARTICULAR PURPOSE OR NON-INFRINGING. THE ENTIRE RISK AS TO THE
213  QUALITY AND PERFORMANCE OF THE COVERED CODE IS WITH YOU. SHOULD ANY COVERED
214  CODE PROVE DEFECTIVE IN ANY RESPECT, YOU (NOT THE INITIAL DEVELOPER OR ANY
215  OTHER CONTRIBUTOR) ASSUME THE COST OF ANY NECESSARY SERVICING, REPAIR OR
216  CORRECTION. THIS DISCLAIMER OF WARRANTY CONSTITUTES AN ESSENTIAL PART OF THIS
217  LICENSE. NO USE OF ANY COVERED CODE IS AUTHORIZED HEREUNDER EXCEPT UNDER THIS
218  DISCLAIMER. </UL><B>8. TERMINATION.</B> 
219<UL>This License and the rights granted hereunder will terminate automatically
220  if You fail to comply with terms herein and fail to cure such breach within 30
221  days of becoming aware of the breach. All sublicenses to the Covered Code
222  which are properly granted shall survive any termination of this License.
223  Provisions which, by their nature, must remain in effect beyond the
224  termination of this License shall survive. </UL><B>9. LIMITATION OF
225LIABILITY.</B> 
226<UL>UNDER NO CIRCUMSTANCES AND UNDER NO LEGAL THEORY, WHETHER TORT (INCLUDING
227  NEGLIGENCE), CONTRACT, OR OTHERWISE, SHALL THE INITIAL DEVELOPER, ANY OTHER
228  CONTRIBUTOR, OR ANY DISTRIBUTOR OF COVERED CODE, OR ANY SUPPLIER OF ANY OF
229  SUCH PARTIES, BE LIABLE TO YOU OR ANY OTHER PERSON FOR ANY INDIRECT, SPECIAL,
230  INCIDENTAL, OR CONSEQUENTIAL DAMAGES OF ANY CHARACTER INCLUDING, WITHOUT
231  LIMITATION, DAMAGES FOR LOSS OF GOODWILL, WORK STOPPAGE, COMPUTER FAILURE OR
232  MALFUNCTION, OR ANY AND ALL OTHER COMMERCIAL DAMAGES OR LOSSES, EVEN IF SUCH
233  PARTY SHALL HAVE BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGES. THIS
234  LIMITATION OF LIABILITY SHALL NOT APPLY TO LIABILITY FOR DEATH OR PERSONAL
235  INJURY RESULTING FROM SUCH PARTY'S NEGLIGENCE TO THE EXTENT APPLICABLE LAW
236  PROHIBITS SUCH LIMITATION. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR
237  LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THAT EXCLUSION AND
238  LIMITATION MAY NOT APPLY TO YOU. </UL><B>10. U.S. GOVERNMENT END USERS.</B> 
239<UL>The Covered Code is a ``commercial item,'' as that term is defined in 48
240  C.F.R. 2.101 (Oct. 1995), consisting of ``commercial computer software'' and
241  ``commercial computer software documentation,'' as such terms are used in 48
242  C.F.R. 12.212 (Sept. 1995). Consistent with 48 C.F.R. 12.212 and 48 C.F.R.
243  227.7202-1 through 227.7202-4 (June 1995), all U.S. Government End Users
244  acquire Covered Code with only those rights set forth herein. </UL><B>11.
245MISCELLANEOUS.</B> 
246<UL>This License represents the complete agreement concerning subject matter
247  hereof. If any provision of this License is held to be unenforceable, such
248  provision shall be reformed only to the extent necessary to make it
249  enforceable. This License shall be governed by California law provisions
250  (except to the extent applicable law, if any, provides otherwise), excluding
251  its conflict-of-law provisions. With respect to disputes in which at least one
252  party is a citizen of, or an entity chartered or registered to do business in,
253  the United States of America: (a) unless otherwise agreed in writing, all
254  disputes relating to this License (excepting any dispute relating to
255  intellectual property rights) shall be subject to final and binding
256  arbitration, with the losing party paying all costs of arbitration; (b) any
257  arbitration relating to this Agreement shall be held in Santa Clara County,
258  California, under the auspices of JAMS/EndDispute; and (c) any litigation
259  relating to this Agreement shall be subject to the jurisdiction of the Federal
260  Courts of the Northern District of California, with venue lying in Santa Clara
261  County, California, with the losing party responsible for costs, including
262  without limitation, court costs and reasonable attorneys fees and expenses.
263  The application of the United Nations Convention on Contracts for the
264  International Sale of Goods is expressly excluded. Any law or regulation which
265  provides that the language of a contract shall be construed against the
266  drafter shall not apply to this License. </UL><B>12. RESPONSIBILITY FOR
267CLAIMS.</B> 
268<UL>Except in cases where another Contributor has failed to comply with
269  Section <B>3.4</B>, You are responsible for damages arising, directly or
270  indirectly, out of Your utilization of rights under this License, based on the
271  number of copies of Covered Code you made available, the revenues you received
272  from utilizing such rights, and other relevant factors. You agree to work with
273  affected parties to distribute responsibility on an equitable basis.
274</UL><B>EXHIBIT A.</B> 
275<UL>``The contents of this file are subject to the Mozilla Public License
276  Version 1.0 (the "License"); you may not use this file except in compliance
277  with the License. You may obtain a copy of the License at
278  http://www.mozilla.org/MPL/
279  <P>Software distributed under the License is distributed on an "AS IS" basis,
280  WITHOUT WARRANTY OF ANY KIND, either express or implied. See the License for
281  the specific language governing rights and limitations under the License.
282  <P>The Original Code is ______________________________________.
283  <P>The Initial Developer of the Original Code is ________________________.
284  Portions created by ______________________ are Copyright (C) ______
285  _______________________. All Rights Reserved.
286  <P>Contributor(s): ______________________________________.''
287</P></UL></BODY></HTML>
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