xref: /external/licenseclassifier/v2/assets/License/NPL-1.0/license.txt

NETSCAPE 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 byExhibit 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 byExhibit 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.

AMENDMENTS

Additional Terms applicable to the Netscape Public License.

I. Effect. 
These additional terms described in this Netscape Public License
-- Amendments shall apply to the Mozilla Communicator client code and to all
Covered Code under this License.

II. ``Netscape's Branded Code'' means Covered Code that
Netscape distributes and/or permits others to distribute under one or more
trademark(s) which are controlled by Netscape but which are not licensed for
use under this License.

III. Netscape and logo. 
 This License does not grant any rights to use the
trademark ``Netscape'', the ``Netscape N and horizon''
logo or the Netscape lighthouse logo, even if such marks are included in the
Original Code.

IV. Inability to Comply Due to Contractual Obligation. 
 Prior to licensing
the Original Code under this License, Netscape has licensed third party code
for use in Netscape's Branded Code. To the extent that Netscape is
limited contractually from making such third party code available under this
License, Netscape may choose to reintegrate such code into Covered Code
without being required to distribute such code in

Source Code form, even if such code would otherwise be considered
``Modifications'' under this License.

V. Use of Modifications and Covered Code by Initial Developer.

V.1. In General. The obligations of Section 3 apply to Netscape, except to the
extent specified in this Amendment, Section V.2 and V.3.
 V.2. Other Products.
Netscape may include Covered Code in products other than the Netscape's
Branded Code which are released by Netscape during the two (2) years following
the release date of the Original Code, without such additional products
becoming subject to the terms of this License, and may license such additional
products on different terms from those contained in this License.
 V.3.
Alternative Licensing. Netscape may license the Source Code of Netscape's
Branded Code, including Modifications incorporated therein, without such
additional products becoming subject to the terms of this License, and may
license such additional products on different terms from those contained in
this License.

VI. Arbitration and Litigation. 
 Notwithstanding the limitations of Section
11 above, the provisions regarding arbitration and litigation in Section
11(a), (b) and (c) of the License shall apply to all disputes relating to this
License.

EXHIBIT A.

“The contents of this file are subject to the Netscape 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/NPL/

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 Mozilla Communicator client code, released March 31,
1998.

The Initial Developer of the Original Code is Netscape Communications
Corporation. Portions created by Netscape are Copyright (C) 1998 Netscape
Communications Corporation. All Rights Reserved.

Contributor(s): ______________________________________.”

[NOTE: The text of
this Exhibit A may differ slightly from the text of the notices in the Source
Code files of the Original Code. This is due to time constraints encountered
in simultaneously finalizing the License and in preparing the Original Code
for release. You should use the text of this Exhibit A rather than the text
found in the Original Code Source Code for Your Modifications.]