awips2/rpms/legal/FOSS_licenses/Mozilla_Public_License_v_1.0.txt

Mozilla Public License version 1.0MOZILLA PUBLIC LICENSE
Version 1.0 



1. Definitions. 
  1.1. ``Contributor'' means each entity that creates or contributes to the 
  creation of Modifications. 
  1.2. ``Contributor Version'' means the combination of the Original Code, prior 
  Modifications used by a Contributor, and the Modifications made by that 
  particular Contributor. 
  1.3. ``Covered Code'' means the Original Code or Modifications or the 
  combination of the Original Code and Modifications, in each case including 
  portions thereof. 
  1.4. ``Electronic Distribution Mechanism'' means a mechanism generally 
  accepted in the software development community for the electronic transfer of 
  data. 
  1.5. ``Executable'' means Covered Code in any form other than Source Code. 
  1.6. ``Initial Developer'' means the individual or entity identified as the 
  Initial Developer in the Source Code notice required by Exhibit A. 
  1.7. ``Larger Work'' means a work which combines Covered Code or portions 
  thereof with code not governed by the terms of this License. 
  1.8. ``License'' means this document. 
  1.9. ``Modifications'' means any addition to or deletion from the substance or 
  structure of either the Original Code or any previous Modifications. When 
  Covered Code is released as a series of files, a Modification is: 
    A. Any addition to or deletion from the contents of a file containing 
    Original Code or previous Modifications. 
    B. Any new file that contains any part of the Original Code or previous 
    Modifications. 
  1.10. ``Original Code'' means Source Code of computer software code which is 
  described in the Source Code notice required by Exhibit A as Original Code, 
  and which, at the time of its release under this License is not already 
  Covered Code governed by this License. 
  1.11. ``Source Code'' means the preferred form of the Covered Code for making 
  modifications to it, including all modules it contains, plus any associated 
  interface definition files, scripts used to control compilation and 
  installation of an Executable, or a list of source code differential 
  comparisons against either the Original Code or another well known, available 
  Covered Code of the Contributor's choice. The Source Code can be in a 
  compressed or archival form, provided the appropriate decompression or 
  de-archiving software is widely available for no charge. 
  1.12. ``You'' means an individual or a legal entity exercising rights under, 
  and complying with all of the terms of, this License or a future version of 
  this License issued under Section 6.1. For legal entities, ``You'' includes 
  any entity which controls, is controlled by, or is under common control with 
  You. For purposes of this definition, ``control'' means (a) the power, direct 
  or indirect, to cause the direction or management of such entity, whether by 
  contract or otherwise, or (b) ownership of fifty percent (50%) or more of the 
  outstanding shares or beneficial ownership of such entity. 
2. Source Code License. 
  2.1. The Initial Developer Grant. 
  The Initial Developer hereby grants You a world-wide, royalty-free, 
  non-exclusive license, subject to third party intellectual property claims: 
    (a) to use, reproduce, modify, display, perform, sublicense and distribute 
    the Original Code (or portions thereof) with or without Modifications, or as 
    part of a Larger Work; and 
    (b) under patents now or hereafter owned or controlled by Initial Developer, 
    to make, have made, use and sell (``Utilize'') the Original Code (or 
    portions thereof), but solely to the extent that any such patent is 
    reasonably necessary to enable You to Utilize the Original Code (or portions 
    thereof) and not to any greater extent that may be necessary to Utilize 
    further Modifications or combinations. 
  2.2. Contributor Grant. 
  Each Contributor hereby grants You a world-wide, royalty-free, non-exclusive 
  license, subject to third party intellectual property claims: 
    (a) to use, reproduce, modify, display, perform, sublicense and distribute 
    the Modifications created by such Contributor (or portions thereof) either 
    on an unmodified basis, with other Modifications, as Covered Code or as part 
    of a Larger Work; and 
    (b) under patents now or hereafter owned or controlled by Contributor, to 
    Utilize the Contributor Version (or portions thereof), but solely to the 
    extent that any such patent is reasonably necessary to enable You to Utilize 
    the Contributor Version (or portions thereof), and not to any greater extent 
    that may be necessary to Utilize further Modifications or combinations. 
3. Distribution Obligations. 
  3.1. Application of License. 
  The Modifications which You create or to which You contribute are governed by 
  the terms of this License, including without limitation Section 2.2. The 
  Source Code version of Covered Code may be distributed only under the terms of 
  this License or a future version of this License released under Section 6.1, 
  and You must include a copy of this License with every copy of the Source Code 
  You distribute. You may not offer or impose any terms on any Source Code 
  version that alters or restricts the applicable version of this License or the 
  recipients' rights hereunder. However, You may include an additional document 
  offering the additional rights described in Section 3.5. 
  3.2. Availability of Source Code. 
  Any Modification which You create or to which You contribute must be made 
  available in Source Code form under the terms of this License either on the 
  same media as an Executable version or via an accepted Electronic Distribution 
  Mechanism to anyone to whom you made an Executable version available; and if 
  made available via Electronic Distribution Mechanism, must remain available 
  for at least twelve (12) months after the date it initially became available, 
  or at least six (6) months after a subsequent version of that particular 
  Modification has been made available to such recipients. You are responsible 
  for ensuring that the Source Code version remains available even if the 
  Electronic Distribution Mechanism is maintained by a third party. 
  3.3. Description of Modifications. 
  You must cause all Covered Code to which you contribute to contain a file 
  documenting the changes You made to create that Covered Code and the date of 
  any change. You must include a prominent statement that the Modification is 
  derived, directly or indirectly, from Original Code provided by the Initial 
  Developer and including the name of the Initial Developer in (a) the Source 
  Code, and (b) in any notice in an Executable version or related documentation 
  in which You describe the origin or ownership of the Covered Code. 
  3.4. Intellectual Property Matters 
    (a) Third Party Claims. 
    If You have knowledge that a party claims an intellectual property right in 
    particular functionality or code (or its utilization under this License), 
    you must include a text file with the source code distribution titled 
    ``LEGAL'' which describes the claim and the party making the claim in 
    sufficient detail that a recipient will know whom to contact. If you obtain 
    such knowledge after You make Your Modification available as described in 
    Section 3.2, You shall promptly modify the LEGAL file in all copies You make 
    available thereafter and shall take other steps (such as notifying 
    appropriate mailing lists or newsgroups) reasonably calculated to inform 
    those who received the Covered Code that new knowledge has been obtained. 
    (b) Contributor APIs. 
    If Your Modification is an application programming interface and You own or 
    control patents which are reasonably necessary to implement that API, you 
    must also include this information in the LEGAL file. 
  3.5. Required Notices. 
  You must duplicate the notice in Exhibit A in each file of the Source Code, 
  and this License in any documentation for the Source Code, where You describe 
  recipients' rights relating to Covered Code. If You created one or more 
  Modification(s), You may add your name as a Contributor to the notice 
  described in Exhibit A. If it is not possible to put such notice in a 
  particular Source Code file due to its structure, then you must include such 
  notice in a location (such as a relevant directory file) where a user would be 
  likely to look for such a notice. You may choose to offer, and to charge a fee 
  for, warranty, support, indemnity or liability obligations to one or more 
  recipients of Covered Code. However, You may do so only on Your own behalf, 
  and not on behalf of the Initial Developer or any Contributor. You must make 
  it absolutely clear than any such warranty, support, indemnity or liability 
  obligation is offered by You alone, and You hereby agree to indemnify the 
  Initial Developer and every Contributor for any liability incurred by the 
  Initial Developer or such Contributor as a result of warranty, support, 
  indemnity or liability terms You offer. 
  3.6. Distribution of Executable Versions. 
  You may distribute Covered Code in Executable form only if the requirements of 
  Section 3.1-3.5 have been met for that Covered Code, and if You include a 
  notice stating that the Source Code version of the Covered Code is available 
  under the terms of this License, including a description of how and where You 
  have fulfilled the obligations of Section 3.2. The notice must be 
  conspicuously included in any notice in an Executable version, related 
  documentation or collateral in which You describe recipients' rights relating 
  to the Covered Code. You may distribute the Executable version of Covered Code 
  under a license of Your choice, which may contain terms different from this 
  License, provided that You are in compliance with the terms of this License 
  and that the license for the Executable version does not attempt to limit or 
  alter the recipient's rights in the Source Code version from the rights set 
  forth in this License. If You distribute the Executable version under a 
  different license You must make it absolutely clear that any terms which 
  differ from this License are offered by You alone, not by the Initial 
  Developer or any Contributor. You hereby agree to indemnify the Initial 
  Developer and every Contributor for any liability incurred by the Initial 
  Developer or such Contributor as a result of any such terms You offer. 
  3.7. Larger Works. 
  You may create a Larger Work by combining Covered Code with other code not 
  governed by the terms of this License and distribute the Larger Work as a 
  single product. In such a case, You must make sure the requirements of this 
  License are fulfilled for the Covered Code. 
4. Inability to Comply Due to Statute or Regulation. 
  If it is impossible for You to comply with any of the terms of this License 
  with respect to some or all of the Covered Code due to statute or regulation 
  then You must: (a) comply with the terms of this License to the maximum extent 
  possible; and (b) describe the limitations and the code they affect. Such 
  description must be included in the LEGAL file described in Section 3.4 and 
  must be included with all distributions of the Source Code. Except to the 
  extent prohibited by statute or regulation, such description must be 
  sufficiently detailed for a recipient of ordinary skill to be able to 
  understand it. 
5. Application of this License. 
  This License applies to code to which the Initial Developer has attached the 
  notice in Exhibit A, and to related Covered Code. 
6. Versions of the License. 
  6.1. New Versions. 
  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. 
  6.2. Effect of New Versions. 
  Once Covered Code has been published under a particular version of the 
  License, You may always continue to use it under the terms of that version. 
  You may also choose to use such Covered Code under the terms of any subsequent 
  version of the License published by Netscape. No one other than Netscape has 
  the right to modify the terms applicable to Covered Code created under this 
  License. 
  6.3. Derivative Works. 
  If you create or use a modified version of this License (which you may only do 
  in order to apply it to code which is not already Covered Code governed by 
  this License), you must (a) rename Your license so that the phrases 
  ``Mozilla'', ``MOZILLAPL'', ``MOZPL'', ``Netscape'', ``NPL'' or any 
  confusingly similar phrase do not appear anywhere in your license and (b) 
  otherwise make it clear that your version of the license contains terms which 
  differ from the Mozilla Public License and Netscape Public License. (Filling 
  in the name of the Initial Developer, Original Code or Contributor in the 
  notice described in Exhibit A shall not of themselves be deemed to be 
  modifications of this License.) 
7. DISCLAIMER OF WARRANTY. 
  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. 
8. TERMINATION. 
  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. 
9. LIMITATION OF LIABILITY. 
  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. 
10. U.S. GOVERNMENT END USERS. 
  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. 
11. MISCELLANEOUS. 
  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. 
12. RESPONSIBILITY FOR CLAIMS. 
  Except in cases where another Contributor has failed to comply with Section 
  3.4, 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. 
EXHIBIT A. 
  ``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/ 
  Software distributed under the License is distributed on an "AS IS" basis, 
  WITHOUT WARRANTY OF ANY KIND, either express or implied. See the License for 
  the specific language governing rights and limitations under the License. 
  The Original Code is ______________________________________. 
  The Initial Developer of the Original Code is ________________________. 
  Portions created by ______________________ are Copyright (C) ______ 
  _______________________. All Rights Reserved. 
  Contributor(s): ______________________________________.''