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Posted to commits@tuscany.apache.org by js...@apache.org on 2006/06/05 16:21:43 UTC
svn commit: r411798 [2/2] - in /incubator/tuscany/branches/java-M1/java:
LICENSE.txt
sca/containers/container.rhino/src/main/resources/META-INF/LICENSE.txt
Modified: incubator/tuscany/branches/java-M1/java/sca/containers/container.rhino/src/main/resources/META-INF/LICENSE.txt
URL: http://svn.apache.org/viewvc/incubator/tuscany/branches/java-M1/java/sca/containers/container.rhino/src/main/resources/META-INF/LICENSE.txt?rev=411798&r1=411797&r2=411798&view=diff
==============================================================================
--- incubator/tuscany/branches/java-M1/java/sca/containers/container.rhino/src/main/resources/META-INF/LICENSE.txt (original)
+++ incubator/tuscany/branches/java-M1/java/sca/containers/container.rhino/src/main/resources/META-INF/LICENSE.txt Mon Jun 5 07:21:42 2006
@@ -201,1077 +201,577 @@
See the License for the specific language governing permissions and
limitations under the License.
-
-APACHE TUSCANY SUBCOMPONENTS:
-
-The Apache Tuscany distribution includes a number of subcomponents with
-separate copyright notices and license terms. Your use of the source
-code for the these subcomponents is subject to the terms and
-conditions of the following licenses.
-
===============================================================================
-For the Eclipse Modeling Framework component and the Celtix binding:
+For the Rhino JavaScript project:
-Eclipse Public License - v 1.0
+Netscape Public License V1.1
-THE ACCOMPANYING PROGRAM IS PROVIDED UNDER THE TERMS OF THIS ECLIPSE
-PUBLIC LICENSE ("AGREEMENT"). ANY USE, REPRODUCTION OR DISTRIBUTION OF
-THE PROGRAM CONSTITUTES RECIPIENT'S ACCEPTANCE OF THIS AGREEMENT.
-
-1. DEFINITIONS
-
-"Contribution" means:
-
-a) in the case of the initial Contributor, the initial code and
-documentation distributed under this Agreement, and
-b) in the case of each subsequent Contributor:
-
-i) changes to the Program, and
-
-ii) additions to the Program;
-
-where such changes and/or additions to the Program originate from and
-are distributed by that particular Contributor. A Contribution
-'originates' from a Contributor if it was added to the Program by such
-Contributor itself or anyone acting on such Contributor's behalf.
-Contributions do not include additions to the Program which: (i) are
-separate modules of software distributed in conjunction with the
-Program under their own license agreement, and (ii) are not derivative
-works of the Program.
-
-"Contributor" means any person or entity that distributes the Program.
-
-"Licensed Patents " mean patent claims licensable by a Contributor
-which are necessarily infringed by the use or sale of its Contribution
-alone or when combined with the Program.
-
-"Program" means the Contributions distributed in accordance with this
-Agreement.
-
-"Recipient" means anyone who receives the Program under this
-Agreement, including all Contributors.
-
-2. GRANT OF RIGHTS
-
-a) Subject to the terms of this Agreement, each Contributor hereby
-grants Recipient a non-exclusive, worldwide, royalty-free copyright
-license to reproduce, prepare derivative works of, publicly display,
-publicly perform, distribute and sublicense the Contribution of such
-Contributor, if any, and such derivative works, in source code and
-object code form.
-
-b) Subject to the terms of this Agreement, each Contributor hereby
-grants Recipient a non-exclusive, worldwide, royalty-free patent
-license under Licensed Patents to make, use, sell, offer to sell,
-import and otherwise transfer the Contribution of such Contributor, if
-any, in source code and object code form. This patent license shall
-apply to the combination of the Contribution and the Program if, at
-the time the Contribution is added by the Contributor, such addition
-of the Contribution causes such combination to be covered by the
-Licensed Patents. The patent license shall not apply to any other
-combinations which include the Contribution. No hardware per se is
-licensed hereunder.
-
-c) Recipient understands that although each Contributor grants the
-licenses to its Contributions set forth herein, no assurances are
-provided by any Contributor that the Program does not infringe the
-patent or other intellectual property rights of any other entity. Each
-Contributor disclaims any liability to Recipient for claims brought by
-any other entity based on infringement of intellectual property rights
-or otherwise. As a condition to exercising the rights and licenses
-granted hereunder, each Recipient hereby assumes sole responsibility
-to secure any other intellectual property rights needed, if any. For
-example, if a third party patent license is required to allow
-Recipient to distribute the Program, it is Recipient's responsibility
-to acquire that license before distributing the Program.
-
-d) Each Contributor represents that to its knowledge it has sufficient
-copyright rights in its Contribution, if any, to grant the copyright
-license set forth in this Agreement.
-
-3. REQUIREMENTS
-
-A Contributor may choose to distribute the Program in object code form
-under its own license agreement, provided that:
-
-a) it complies with the terms and conditions of this Agreement; and
-
-b) its license agreement:
-
-i) effectively disclaims on behalf of all Contributors all warranties
-and conditions, express and implied, including warranties or
-conditions of title and non-infringement, and implied warranties or
-conditions of merchantability and fitness for a particular purpose;
-
-ii) effectively excludes on behalf of all Contributors all liability
-for damages, including direct, indirect, special, incidental and
-consequential damages, such as lost profits;
-
-iii) states that any provisions which differ from this Agreement are
-offered by that Contributor alone and not by any other party; and
-
-iv) states that source code for the Program is available from such
-Contributor, and informs licensees how to obtain it in a reasonable
-manner on or through a medium customarily used for software exchange.
-
-When the Program is made available in source code form:
-
-a) it must be made available under this Agreement; and
-
-b) a copy of this Agreement must be included with each copy of the
-Program.
-
-Contributors may not remove or alter any copyright notices contained
-within the Program.
-
-Each Contributor must identify itself as the originator of its
-Contribution, if any, in a manner that reasonably allows subsequent
-Recipients to identify the originator of the Contribution.
-
-4. COMMERCIAL DISTRIBUTION
-
-Commercial distributors of software may accept certain
-responsibilities with respect to end users, business partners and the
-like. While this license is intended to facilitate the commercial use
-of the Program, the Contributor who includes the Program in a
-commercial product offering should do so in a manner which does not
-create potential liability for other Contributors. Therefore, if a
-Contributor includes the Program in a commercial product offering,
-such Contributor ("Commercial Contributor") hereby agrees to defend
-and indemnify every other Contributor ("Indemnified Contributor")
-against any losses, damages and costs (collectively "Losses") arising
-from claims, lawsuits and other legal actions brought by a third party
-against the Indemnified Contributor to the extent caused by the acts
-or omissions of such Commercial Contributor in connection with its
-distribution of the Program in a commercial product offering. The
-obligations in this section do not apply to any claims or Losses
-relating to any actual or alleged intellectual property infringement.
-In order to qualify, an Indemnified Contributor must: a) promptly
-notify the Commercial Contributor in writing of such claim, and b)
-allow the Commercial Contributor to control, and cooperate with the
-Commercial Contributor in, the defense and any related settlement
-negotiations. The Indemnified Contributor may participate in any such
-claim at its own expense.
-
-For example, a Contributor might include the Program in a commercial
-product offering, Product X. That Contributor is then a Commercial
-Contributor. If that Commercial Contributor then makes performance
-claims, or offers warranties related to Product X, those performance
-claims and warranties are such Commercial Contributor's responsibility
-alone. Under this section, the Commercial Contributor would have to
-defend claims against the other Contributors related to those
-performance claims and warranties, and if a court requires any other
-Contributor to pay any damages as a result, the Commercial Contributor
-must pay those damages.
-
-5. NO WARRANTY
-
-EXCEPT AS EXPRESSLY SET FORTH IN THIS AGREEMENT, THE PROGRAM IS
-PROVIDED ON AN "AS IS" BASIS, WITHOUT WARRANTIES OR CONDITIONS OF ANY
-KIND, EITHER EXPRESS OR IMPLIED INCLUDING, WITHOUT LIMITATION, ANY
-WARRANTIES OR CONDITIONS OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY
-OR FITNESS FOR A PARTICULAR PURPOSE. Each Recipient is solely
-responsible for determining the appropriateness of using and
-distributing the Program and assumes all risks associated with its
-exercise of rights under this Agreement , including but not limited to
-the risks and costs of program errors, compliance with applicable
-laws, damage to or loss of data, programs or equipment, and
-unavailability or interruption of operations.
-
-6. DISCLAIMER OF LIABILITY
-
-EXCEPT AS EXPRESSLY SET FORTH IN THIS AGREEMENT, NEITHER RECIPIENT NOR
-ANY CONTRIBUTORS SHALL HAVE ANY LIABILITY FOR ANY DIRECT, INDIRECT,
-INCIDENTAL, SPECIAL, EXEMPLARY, OR CONSEQUENTIAL DAMAGES (INCLUDING
-WITHOUT LIMITATION LOST PROFITS), HOWEVER CAUSED AND ON ANY THEORY OF
-LIABILITY, WHETHER IN CONTRACT, STRICT LIABILITY, OR TORT (INCLUDING
-NEGLIGENCE OR OTHERWISE) ARISING IN ANY WAY OUT OF THE USE OR
-DISTRIBUTION OF THE PROGRAM OR THE EXERCISE OF ANY RIGHTS GRANTED
-HEREUNDER, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
-
-7. GENERAL
-
-If any provision of this Agreement is invalid or unenforceable under
-applicable law, it shall not affect the validity or enforceability of
-the remainder of the terms of this Agreement, and without further
-action by the parties hereto, such provision shall be reformed to the
-minimum extent necessary to make such provision valid and enforceable.
-
-If Recipient institutes patent litigation against any entity
-(including a cross-claim or counterclaim in a lawsuit) alleging that
-the Program itself (excluding combinations of the Program with other
-software or hardware) infringes such Recipient's patent(s), then such
-Recipient's rights granted under Section 2(b) shall terminate as of
-the date such litigation is filed.
-
-All Recipient's rights under this Agreement shall terminate if it
-fails to comply with any of the material terms or conditions of this
-Agreement and does not cure such failure in a reasonable period of
-time after becoming aware of such noncompliance. If all Recipient's
-rights under this Agreement terminate, Recipient agrees to cease use
-and distribution of the Program as soon as reasonably practicable.
-However, Recipient's obligations under this Agreement and any licenses
-granted by Recipient relating to the Program shall continue and
-survive.
-
-Everyone is permitted to copy and distribute copies of this Agreement,
-but in order to avoid inconsistency the Agreement is copyrighted and
-may only be modified in the following manner. The Agreement Steward
-reserves the right to publish new versions (including revisions) of
-this Agreement from time to time. No one other than the Agreement
-Steward has the right to modify this Agreement. The Eclipse Foundation
-is the initial Agreement Steward. The Eclipse Foundation may assign
-the responsibility to serve as the Agreement Steward to a suitable
-separate entity. Each new version of the Agreement will be given a
-distinguishing version number. The Program (including Contributions)
-may always be distributed subject to the version of the Agreement
-under which it was received. In addition, after a new version of the
-Agreement is published, Contributor may elect to distribute the
-Program (including its Contributions) under the new version. Except as
-expressly stated in Sections 2(a) and 2(b) above, Recipient receives
-no rights or licenses to the intellectual property of any Contributor
-under this Agreement, whether expressly, by implication, estoppel or
-otherwise. All rights in the Program not expressly granted under this
-Agreement are reserved.
-
-This Agreement is governed by the laws of the State of New York and
-the intellectual property laws of the United States of America. No
-party to this Agreement will bring a legal action under this Agreement
-more than one year after the cause of action arose. Each party waives
-its rights to a jury trial in any resulting litigation.
+ AMENDMENTS
-===============================================================================
+ The Netscape Public License Version 1.1 ("NPL") consists of the
+ Mozilla Public License Version 1.1 with the following Amendments,
+ including Exhibit A-Netscape Public License. Files identified with
+ "Exhibit A-Netscape Public License" are governed by the Netscape
+ Public License Version 1.1.
+
+ 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 trademarks
+ "Netscape", the "Netscape N and horizon" logo or the "Netscape
+ lighthouse" logo, "Netcenter", "Gecko", "Java" or "JavaScript",
+ "Smart Browsing" even if such marks are included in the Original
+ Code or Modifications.
+
+ 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 Netscape Branded Code becoming subject to the terms of
+ this License, and may license such Netscape Branded Code on
+ different terms from those contained in this License.
+
+ VI. Litigation.
+ Notwithstanding the limitations of Section 11 above, the
+ provisions regarding litigation in Section 11(a), (b) and (c) of
+ the License shall apply to all disputes relating to this License.
+
+ EXHIBIT A-Netscape Public License.
+
+ "The contents of this file are subject to the Netscape Public
+ License Version 1.1 (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) 1998-1999 Netscape Communications Corporation. All
+ Rights Reserved.
+
+ Contributor(s): ______________________________________.
+
+ Alternatively, the contents of this file may be used under the
+ terms of the _____ license (the "[___] License"), in which case
+ the provisions of [______] License are applicable instead of
+ those above. If you wish to allow use of your version of this
+ file only under the terms of the [____] License and not to allow
+ others to use your version of this file under the NPL, indicate
+ your decision by deleting the provisions above and replace them
+ with the notice and other provisions required by the [___]
+ License. If you do not delete the provisions above, a recipient
+ may use your version of this file under either the NPL or the
+ [___] License."
-For the Rhino JavaScript container component:
+ ----------------------------------------------------------------------
-Mozilla Public License 1.1 (MPL 1.1)
+ MOZILLA PUBLIC LICENSE
+ Version 1.1
+
+ ---------------
1. Definitions.
- 1.0.1. "Commercial Use" means distribution or otherwise making the
-Covered Code available to a third party.
+ 1.0.1. "Commercial Use" means distribution or otherwise making the
+ Covered Code available to a third party.
- 1.1. "Contributor" means each entity that creates or contributes to
-the creation of Modifications.
+ 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.
-
- 1.8.1. "Licensable" means having the right to grant, to the maximum
-extent possible, whether at the time of the initial grant or subsequently
-acquired, any and all of the rights conveyed herein.
-
- 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.
-
- 1.10.1. "Patent Claims" means any patent claim(s), now owned or
-hereafter acquired, including without limitation, method, process, and
-apparatus claims, in any patent Licensable by grantor.
-
- 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 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" (or "Your") 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 more
-than fifty percent (50%) of the outstanding shares or beneficial ownership of
-such entity.
+ 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.
+
+ 1.8.1. "Licensable" means having the right to grant, to the maximum
+ extent possible, whether at the time of the initial grant or
+ subsequently acquired, any and all of the rights conveyed herein.
+
+ 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.
+
+ 1.10.1. "Patent Claims" means any patent claim(s), now owned or
+ hereafter acquired, including without limitation, method, process,
+ and apparatus claims, in any patent Licensable by grantor.
+
+ 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 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" (or "Your") 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 more than fifty percent
+ (50%) 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) under intellectual property rights (other than patent or
-trademark) Licensable by Initial Developer to use, reproduce, modify, display,
-perform, sublicense and distribute the Original Code (or portions thereof)
-with or without Modifications, and/or as part of a Larger Work; and
-
- (b) under Patents Claims infringed by the making, using or selling
-of Original Code, to make, have made, use, practice, sell, and offer for sale,
-and/or otherwise dispose of the Original Code (or portions thereof).
- (c) the licenses granted in this Section 2.1(a) and
-(b) are effective on the date Initial Developer first distributes Original
-Code under the terms of this License.
-
- (d) Notwithstanding Section 2.1(b) above, no patent license is
-granted: 1) for code that You delete from the Original Code; 2) separate from
-the Original Code; or 3) for infringements caused by: i) the modification of
-the Original Code or ii) the combination of the Original Code with other
-software or devices.
-
- 2.2. Contributor Grant.
- Subject to third party intellectual property claims, each Contributor
-hereby grants You a world-wide, royalty-free, non-exclusive license
-
- (a) under intellectual property rights (other than patent or
-trademark) Licensable by Contributor, 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 and/or as part of a Larger Work; and
-
- (b) under Patent Claims infringed by the making, using, or selling
-of Modifications made by that Contributor either alone and/or in combination
-with its Contributor Version (or portions of such combination), to make, use,
-sell, offer for sale, have made, and/or otherwise dispose of: 1) Modifications
-made by that Contributor (or portions thereof); and 2) the combination of
-Modifications made by that Contributor with its Contributor Version (or
-portions of such combination).
-
- (c) the licenses granted in Sections 2.2(a) and 2.2(b) are
-effective on the date Contributor first makes Commercial Use of the Covered
-Code.
-
- (d) Notwithstanding Section 2.2(b) above, no patent license is
-granted: 1) for any code that Contributor has deleted from the Contributor
-Version; 2) separate from the Contributor Version; 3) for infringements
-caused by: i) third party modifications of Contributor Version or ii) the
-combination of Modifications made by that Contributor with other software
-(except as part of the Contributor Version) or other devices; or 4) under
-Patent Claims infringed by Covered Code in the absence of Modifications made
-by that Contributor.
-
+ 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) under intellectual property rights (other than patent or
+ trademark) Licensable by Initial Developer to use, reproduce,
+ modify, display, perform, sublicense and distribute the Original
+ Code (or portions thereof) with or without Modifications, and/or
+ as part of a Larger Work; and
+
+ (b) under Patents Claims infringed by the making, using or
+ selling of Original Code, to make, have made, use, practice,
+ sell, and offer for sale, and/or otherwise dispose of the
+ Original Code (or portions thereof).
+
+ (c) the licenses granted in this Section 2.1(a) and (b) are
+ effective on the date Initial Developer first distributes
+ Original Code under the terms of this License.
+
+ (d) Notwithstanding Section 2.1(b) above, no patent license is
+ granted: 1) for code that You delete from the Original Code; 2)
+ separate from the Original Code; or 3) for infringements caused
+ by: i) the modification of the Original Code or ii) the
+ combination of the Original Code with other software or devices.
+
+ 2.2. Contributor Grant.
+ Subject to third party intellectual property claims, each Contributor
+ hereby grants You a world-wide, royalty-free, non-exclusive license
+
+ (a) under intellectual property rights (other than patent or
+ trademark) Licensable by Contributor, 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
+ and/or as part of a Larger Work; and
+
+ (b) under Patent Claims infringed by the making, using, or
+ selling of Modifications made by that Contributor either alone
+ and/or in combination with its Contributor Version (or portions
+ of such combination), to make, use, sell, offer for sale, have
+ made, and/or otherwise dispose of: 1) Modifications made by that
+ Contributor (or portions thereof); and 2) the combination of
+ Modifications made by that Contributor with its Contributor
+ Version (or portions of such combination).
+
+ (c) the licenses granted in Sections 2.2(a) and 2.2(b) are
+ effective on the date Contributor first makes Commercial Use of
+ the Covered Code.
+
+ (d) Notwithstanding Section 2.2(b) above, no patent license is
+ granted: 1) for any code that Contributor has deleted from the
+ Contributor Version; 2) separate from the Contributor Version;
+ 3) for infringements caused by: i) third party modifications of
+ Contributor Version or ii) the combination of Modifications made
+ by that Contributor with other software (except as part of the
+ Contributor Version) or other devices; or 4) under Patent Claims
+ infringed by Covered Code in the absence of Modifications made by
+ that Contributor.
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 Contributor has knowledge that a license under a third party's
-intellectual property rights is required to exercise the rights granted by
-such Contributor under Sections 2.1 or 2.2, Contributor 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 Contributor obtains such knowledge after the
-Modification is made available as described in Section 3.2, Contributor shall
-promptly modify the LEGAL file in all copies Contributor makes 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 Contributor's Modifications include an application programming
-interface and Contributor has knowledge of patent licenses which are
-reasonably necessary to implement that API, Contributor must also include this
-information in the LEGAL file.
-
- (c) Representations.
- Contributor represents that, except as disclosed pursuant to
-Section 3.4(a) above, Contributor believes that Contributor's Modifications
-are Contributor's original creation(s) and/or Contributor has sufficient
-rights to grant the rights conveyed by this License.
-
-
- 3.5. Required Notices.
- You must duplicate the notice in Exhibit A in each file of the Source
-Code. 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) where a user would be likely to look for such a
-notice. If You created one or more Modification(s) You may add your name as a
-Contributor to the notice described in Exhibit A. You must also duplicate
-this License in any documentation for the Source Code where You describe
-recipients' rights or ownership rights relating to Covered Code. 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
-or ownership rights 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.
+ 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 Contributor has knowledge that a license under a third party's
+ intellectual property rights is required to exercise the rights
+ granted by such Contributor under Sections 2.1 or 2.2,
+ Contributor 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 Contributor obtains such knowledge after
+ the Modification is made available as described in Section 3.2,
+ Contributor shall promptly modify the LEGAL file in all copies
+ Contributor makes 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 Contributor's Modifications include an application programming
+ interface and Contributor has knowledge of patent licenses which
+ are reasonably necessary to implement that API, Contributor must
+ also include this information in the LEGAL file.
+
+ (c) Representations.
+ Contributor represents that, except as disclosed pursuant to
+ Section 3.4(a) above, Contributor believes that Contributor's
+ Modifications are Contributor's original creation(s) and/or
+ Contributor has sufficient rights to grant the rights conveyed by
+ this License.
+
+ 3.5. Required Notices.
+ You must duplicate the notice in Exhibit A in each file of the Source
+ Code. 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) where a user would be likely
+ to look for such a notice. If You created one or more Modification(s)
+ You may add your name as a Contributor to the notice described in
+ Exhibit A. You must also duplicate this License in any documentation
+ for the Source Code where You describe recipients' rights or ownership
+ rights relating to Covered Code. 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 or ownership rights 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,
-judicial order, 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.
+ 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, judicial order, 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.
+ 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", "MPL", "NPL" or
-any confusingly similar phrase do not appear in your license (except to note
-that your license differs from this 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.)
+ 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",
+ "MPL", "NPL" or any confusingly similar phrase do not appear in your
+ license (except to note that your license differs from this 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.
+ 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.
- 8.1. 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.
-
- 8.2. If You initiate litigation by asserting a patent infringement
-claim (excluding declatory judgment actions) against Initial Developer or a
-Contributor (the Initial Developer or Contributor against whom You file such
-action is referred to as "Participant") alleging that:
-
- (a) such Participant's Contributor Version directly or indirectly
-infringes any patent, then any and all rights granted by such Participant to
-You under Sections 2.1 and/or 2.2 of this License shall, upon 60 days notice
-from Participant terminate prospectively, unless if within 60 days after
-receipt of notice You either: (i) agree in writing to pay Participant a
-mutually agreeable reasonable royalty for Your past and future use of
-Modifications made by such Participant, or (ii) withdraw Your litigation claim
-with respect to the Contributor Version against such Participant. If within
-60 days of notice, a reasonable royalty and payment arrangement are not
-mutually agreed upon in writing by the parties or the litigation claim is not
-withdrawn, the rights granted by Participant to You under Sections 2.1 and/or
-2.2 automatically terminate at the expiration of the 60 day notice period
-specified above.
-
- (b) any software, hardware, or device, other than such Participant's
-Contributor Version, directly or indirectly infringes any patent, then any
-rights granted to You by such Participant under Sections 2.1(b) and 2.2(b) are
-revoked effective as of the date You first made, used, sold, distributed, or
-had made, Modifications made by that Participant.
-
- 8.3. If You assert a patent infringement claim against Participant
-alleging that such Participant's Contributor Version directly or indirectly
-infringes any patent where such claim is resolved (such as by license or
-settlement) prior to the initiation of patent infringement litigation, then
-the reasonable value of the licenses granted by such Participant under
-Sections 2.1 or 2.2 shall be taken into account in determining the amount or
-value of any payment or license.
-
- 8.4. In the event of termination under Sections 8.1 or 8.2 above, all
-end user license agreements (excluding distributors and resellers) which have
-been validly granted by You or any distributor hereunder prior to termination
-shall survive termination.
+ 8.1. 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.
+
+ 8.2. If You initiate litigation by asserting a patent infringement
+ claim (excluding declatory judgment actions) against Initial Developer
+ or a Contributor (the Initial Developer or Contributor against whom
+ You file such action is referred to as "Participant") alleging that:
+
+ (a) such Participant's Contributor Version directly or indirectly
+ infringes any patent, then any and all rights granted by such
+ Participant to You under Sections 2.1 and/or 2.2 of this License
+ shall, upon 60 days notice from Participant terminate prospectively,
+ unless if within 60 days after receipt of notice You either: (i)
+ agree in writing to pay Participant a mutually agreeable reasonable
+ royalty for Your past and future use of Modifications made by such
+ Participant, or (ii) withdraw Your litigation claim with respect to
+ the Contributor Version against such Participant. If within 60 days
+ of notice, a reasonable royalty and payment arrangement are not
+ mutually agreed upon in writing by the parties or the litigation claim
+ is not withdrawn, the rights granted by Participant to You under
+ Sections 2.1 and/or 2.2 automatically terminate at the expiration of
+ the 60 day notice period specified above.
+
+ (b) any software, hardware, or device, other than such Participant's
+ Contributor Version, directly or indirectly infringes any patent, then
+ any rights granted to You by such Participant under Sections 2.1(b)
+ and 2.2(b) are revoked effective as of the date You first made, used,
+ sold, distributed, or had made, Modifications made by that
+ Participant.
+
+ 8.3. If You assert a patent infringement claim against Participant
+ alleging that such Participant's Contributor Version directly or
+ indirectly infringes any patent where such claim is resolved (such as
+ by license or settlement) prior to the initiation of patent
+ infringement litigation, then the reasonable value of the licenses
+ granted by such Participant under Sections 2.1 or 2.2 shall be taken
+ into account in determining the amount or value of any payment or
+ license.
+
+ 8.4. In the event of termination under Sections 8.1 or 8.2 above,
+ all end user license agreements (excluding distributors and resellers)
+ which have been validly granted by You or any distributor hereunder
+ prior to termination shall survive termination.
9. LIMITATION OF LIABILITY.
- UNDER NO CIRCUMSTANCES AND UNDER NO LEGAL THEORY, WHETHER TORT
-(INCLUDING NEGLIGENCE), CONTRACT, OR OTHERWISE, SHALL YOU, THE INITIAL
-DEVELOPER, ANY OTHER CONTRIBUTOR, OR ANY DISTRIBUTOR OF COVERED CODE, OR ANY
-SUPPLIER OF ANY OF SUCH PARTIES, BE LIABLE TO ANY 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 THIS
-EXCLUSION AND LIMITATION MAY NOT APPLY TO YOU.
+ UNDER NO CIRCUMSTANCES AND UNDER NO LEGAL THEORY, WHETHER TORT
+ (INCLUDING NEGLIGENCE), CONTRACT, OR OTHERWISE, SHALL YOU, THE INITIAL
+ DEVELOPER, ANY OTHER CONTRIBUTOR, OR ANY DISTRIBUTOR OF COVERED CODE,
+ OR ANY SUPPLIER OF ANY OF SUCH PARTIES, BE LIABLE TO ANY 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
+ THIS 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.
+ 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, any litigation relating to this License 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.
+ 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, any litigation relating to this License 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.
- As between Initial Developer and the Contributors, each party is
-responsible for claims and damages arising, directly or indirectly, out of its
-utilization of rights under this License and You agree to work with Initial
-Developer and Contributors to distribute such responsibility on an equitable
-basis. Nothing herein is intended or shall be deemed to constitute any
-admission of liability.
+ As between Initial Developer and the Contributors, each party is
+ responsible for claims and damages arising, directly or indirectly,
+ out of its utilization of rights under this License and You agree to
+ work with Initial Developer and Contributors to distribute such
+ responsibility on an equitable basis. Nothing herein is intended or
+ shall be deemed to constitute any admission of liability.
13. MULTIPLE-LICENSED CODE.
- Initial Developer may designate portions of the Covered Code as
-Multiple-Licensed. Multiple-Licensed means that the Initial Developer permits
-you to utilize portions of the Covered Code under Your choice of the MPL or
-the alternative licenses, if any, specified by the Initial Developer in the
-file described in Exhibit A.
-
+ Initial Developer may designate portions of the Covered Code as
+ "Multiple-Licensed". "Multiple-Licensed" means that the Initial
+ Developer permits you to utilize portions of the Covered Code under
+ Your choice of the NPL or the alternative licenses, if any, specified
+ by the Initial Developer in the file described in Exhibit A.
EXHIBIT A -Mozilla Public License.
- ``The contents of this file are subject to the Mozilla Public License
-Version 1.1 (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): ______________________________________.
-
- Alternatively, the contents of this file may be used under the terms of
-the _____ license (the [___] License), in which case the provisions of
-[______] License are applicable instead of those above. If you wish to allow
-use of your version of this file only under the terms of the [____] License
-and not to allow others to use your version of this file under the MPL,
-indicate your decision by deleting the provisions above and replace them
-with the notice and other provisions required by the [___] License. If you do
-not delete the provisions above, a recipient may use your version of this file
-under either the MPL or the [___] License."
-
- [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. You should use the
-text of this Exhibit A rather than the text found in the Original Code Source
-Code for Your Modifications.]
-
-
-===============================================================================
-
-For the JAX-WS Reference Implementation component:
-
-COMMON DEVELOPMENT AND DISTRIBUTION LICENSE (CDDL) Version 1.0
-
-
- 1. Definitions.
-
- 1.1. "Contributor" means each individual or entity that
- creates or contributes to the creation of Modifications.
-
- 1.2. "Contributor Version" means the combination of the
- Original Software, prior Modifications used by a
- Contributor (if any), and the Modifications made by that
- particular Contributor.
-
- 1.3. "Covered Software" means (a) the Original Software, or
- (b) Modifications, or (c) the combination of files
- containing Original Software with files containing
- Modifications, in each case including portions thereof.
-
- 1.4. "Executable" means the Covered Software in any form
- other than Source Code.
-
- 1.5. "Initial Developer" means the individual or entity
- that first makes Original Software available under this
- License.
-
- 1.6. "Larger Work" means a work which combines Covered
- Software or portions thereof with code not governed by the
- terms of this License.
-
- 1.7. "License" means this document.
-
- 1.8. "Licensable" means having the right to grant, to the
- maximum extent possible, whether at the time of the initial
- grant or subsequently acquired, any and all of the rights
- conveyed herein.
-
- 1.9. "Modifications" means the Source Code and Executable
- form of any of the following:
-
- A. Any file that results from an addition to,
- deletion from or modification of the contents of a
- file containing Original Software or previous
- Modifications;
-
- B. Any new file that contains any part of the
- Original Software or previous Modification; or
-
- C. Any new file that is contributed or otherwise made
- available under the terms of this License.
-
- 1.10. "Original Software" means the Source Code and
- Executable form of computer software code that is
- originally released under this License.
-
- 1.11. "Patent Claims" means any patent claim(s), now owned
- or hereafter acquired, including without limitation,
- method, process, and apparatus claims, in any patent
- Licensable by grantor.
-
- 1.12. "Source Code" means (a) the common form of computer
- software code in which modifications are made and (b)
- associated documentation included in or with such code.
-
- 1.13. "You" (or "Your") means an individual or a legal
- entity exercising rights under, and complying with all of
- the terms of, this License. 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 more than fifty percent (50%) of the outstanding shares
- or beneficial ownership of such entity.
-
- 2. License Grants.
-
- 2.1. The Initial Developer Grant.
-
- Conditioned upon Your compliance with Section 3.1 below and
- subject to third party intellectual property claims, the
- Initial Developer hereby grants You a world-wide,
- royalty-free, non-exclusive license:
-
- (a) under intellectual property rights (other than
- patent or trademark) Licensable by Initial Developer,
- to use, reproduce, modify, display, perform,
- sublicense and distribute the Original Software (or
- portions thereof), with or without Modifications,
- and/or as part of a Larger Work; and
-
- (b) under Patent Claims infringed by the making,
- using or selling of Original Software, to make, have
- made, use, practice, sell, and offer for sale, and/or
- otherwise dispose of the Original Software (or
- portions thereof).
-
- (c) The licenses granted in Sections 2.1(a) and (b)
- are effective on the date Initial Developer first
- distributes or otherwise makes the Original Software
- available to a third party under the terms of this
- License.
-
- (d) Notwithstanding Section 2.1(b) above, no patent
- license is granted: (1) for code that You delete from
- the Original Software, or (2) for infringements
- caused by: (i) the modification of the Original
- Software, or (ii) the combination of the Original
- Software with other software or devices.
-
- 2.2. Contributor Grant.
-
- Conditioned upon Your compliance with Section 3.1 below and
- subject to third party intellectual property claims, each
- Contributor hereby grants You a world-wide, royalty-free,
- non-exclusive license:
-
- (a) under intellectual property rights (other than
- patent or trademark) Licensable by Contributor 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 Software and/or as part of a Larger Work; and
-
-
- (b) under Patent Claims infringed by the making,
- using, or selling of Modifications made by that
- Contributor either alone and/or in combination with
- its Contributor Version (or portions of such
- combination), to make, use, sell, offer for sale,
- have made, and/or otherwise dispose of: (1)
- Modifications made by that Contributor (or portions
- thereof); and (2) the combination of Modifications
- made by that Contributor with its Contributor Version
- (or portions of such combination).
-
- (c) The licenses granted in Sections 2.2(a) and
- 2.2(b) are effective on the date Contributor first
- distributes or otherwise makes the Modifications
- available to a third party.
-
- (d) Notwithstanding Section 2.2(b) above, no patent
- license is granted: (1) for any code that Contributor
- has deleted from the Contributor Version; (2) for
- infringements caused by: (i) third party
- modifications of Contributor Version, or (ii) the
- combination of Modifications made by that Contributor
- with other software (except as part of the
- Contributor Version) or other devices; or (3) under
- Patent Claims infringed by Covered Software in the
- absence of Modifications made by that Contributor.
-
- 3. Distribution Obligations.
-
- 3.1. Availability of Source Code.
-
- Any Covered Software that You distribute or otherwise make
- available in Executable form must also be made available in
- Source Code form and that Source Code form must be
- distributed only under the terms of this License. You must
- include a copy of this License with every copy of the
- Source Code form of the Covered Software You distribute or
- otherwise make available. You must inform recipients of any
- such Covered Software in Executable form as to how they can
- obtain such Covered Software in Source Code form in a
- reasonable manner on or through a medium customarily used
- for software exchange.
-
- 3.2. Modifications.
-
- The Modifications that You create or to which You
- contribute are governed by the terms of this License. You
- represent that You believe Your Modifications are Your
- original creation(s) and/or You have sufficient rights to
- grant the rights conveyed by this License.
-
- 3.3. Required Notices.
-
- You must include a notice in each of Your Modifications
- that identifies You as the Contributor of the Modification.
- You may not remove or alter any copyright, patent or
- trademark notices contained within the Covered Software, or
- any notices of licensing or any descriptive text giving
- attribution to any Contributor or the Initial Developer.
-
- 3.4. Application of Additional Terms.
-
- You may not offer or impose any terms on any Covered
- Software in Source Code form that alters or restricts the
- applicable version of this License or the recipients'
- rights hereunder. You may choose to offer, and to charge a
- fee for, warranty, support, indemnity or liability
- obligations to one or more recipients of Covered Software.
- 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 that 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.
-
-
- 3.5. Distribution of Executable Versions.
-
- You may distribute the Executable form of the Covered
- Software under the terms of this License or under the terms
- of 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 form does not attempt to limit
- or alter the recipient's rights in the Source Code form
- from the rights set forth in this License. If You
- distribute the Covered Software in Executable form 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 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.
-
- 3.6. Larger Works.
-
- You may create a Larger Work by combining Covered Software
- 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 Software.
-
- 4. Versions of the License.
-
- 4.1. New Versions.
-
- Sun Microsystems, Inc. is the initial license steward and
- may publish revised and/or new versions of this License
- from time to time. Each version will be given a
- distinguishing version number. Except as provided in
- Section 4.3, no one other than the license steward has the
- right to modify this License.
-
- 4.2. Effect of New Versions.
-
- You may always continue to use, distribute or otherwise
- make the Covered Software available under the terms of the
- version of the License under which You originally received
- the Covered Software. If the Initial Developer includes a
- notice in the Original Software prohibiting it from being
- distributed or otherwise made available under any
- subsequent version of the License, You must distribute and
- make the Covered Software available under the terms of the
- version of the License under which You originally received
- the Covered Software. Otherwise, You may also choose to
- use, distribute or otherwise make the Covered Software
- available under the terms of any subsequent version of the
- License published by the license steward.
-
- 4.3. Modified Versions.
-
- When You are an Initial Developer and You want to create a
- new license for Your Original Software, You may create and
- use a modified version of this License if You: (a) rename
- the license and remove any references to the name of the
- license steward (except to note that the license differs
- from this License); and (b) otherwise make it clear that
- the license contains terms which differ from this License.
-
-
- 5. DISCLAIMER OF WARRANTY.
-
- COVERED SOFTWARE 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
- SOFTWARE 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 SOFTWARE IS WITH YOU. SHOULD ANY
- COVERED SOFTWARE 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 SOFTWARE IS AUTHORIZED HEREUNDER EXCEPT UNDER THIS
- DISCLAIMER.
-
- 6. TERMINATION.
-
- 6.1. 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. Provisions which, by their
- nature, must remain in effect beyond the termination of
- this License shall survive.
-
- 6.2. If You assert a patent infringement claim (excluding
- declaratory judgment actions) against Initial Developer or
- a Contributor (the Initial Developer or Contributor against
- whom You assert such claim is referred to as "Participant")
- alleging that the Participant Software (meaning the
- Contributor Version where the Participant is a Contributor
- or the Original Software where the Participant is the
- Initial Developer) directly or indirectly infringes any
- patent, then any and all rights granted directly or
- indirectly to You by such Participant, the Initial
- Developer (if the Initial Developer is not the Participant)
- and all Contributors under Sections 2.1 and/or 2.2 of this
- License shall, upon 60 days notice from Participant
- terminate prospectively and automatically at the expiration
- of such 60 day notice period, unless if within such 60 day
- period You withdraw Your claim with respect to the
- Participant Software against such Participant either
- unilaterally or pursuant to a written agreement with
- Participant.
-
- 6.3. In the event of termination under Sections 6.1 or 6.2
- above, all end user licenses that have been validly granted
- by You or any distributor hereunder prior to termination
- (excluding licenses granted to You by any distributor)
- shall survive termination.
-
- 7. LIMITATION OF LIABILITY.
-
- UNDER NO CIRCUMSTANCES AND UNDER NO LEGAL THEORY, WHETHER TORT
- (INCLUDING NEGLIGENCE), CONTRACT, OR OTHERWISE, SHALL YOU, THE
- INITIAL DEVELOPER, ANY OTHER CONTRIBUTOR, OR ANY DISTRIBUTOR OF
- COVERED SOFTWARE, OR ANY SUPPLIER OF ANY OF SUCH PARTIES, BE
- LIABLE TO ANY PERSON FOR ANY INDIRECT, SPECIAL, INCIDENTAL, OR
- CONSEQUENTIAL DAMAGES OF ANY CHARACTER INCLUDING, WITHOUT
- LIMITATION, DAMAGES FOR LOST PROFITS, 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 THIS EXCLUSION AND LIMITATION MAY NOT
- APPLY TO YOU.
-
- 8. U.S. GOVERNMENT END USERS.
-
- The Covered Software is a "commercial item," as that term is
- defined in 48 C.F.R. 2.101 (Oct. 1995), consisting of "commercial
- computer software" (as that term is defined at 48 C.F.R.
- 252.227-7014(a)(1)) 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 Software with only those rights set forth herein.
- This U.S. Government Rights clause is in lieu of, and supersedes,
- any other FAR, DFAR, or other clause or provision that addresses
- Government rights in computer software under this License.
-
- 9. 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 the law of the jurisdiction specified in a notice
- contained within the Original Software (except to the extent
- applicable law, if any, provides otherwise), excluding such
- jurisdiction's conflict-of-law provisions. Any litigation
- relating to this License shall be subject to the jurisdiction of
- the courts located in the jurisdiction and venue specified in a
- notice contained within the Original Software, 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.
- You agree that You alone are responsible for compliance with the
- United States export administration regulations (and the export
- control laws and regulation of any other countries) when You use,
- distribute or otherwise make available any Covered Software.
-
- 10. RESPONSIBILITY FOR CLAIMS.
-
- As between Initial Developer and the Contributors, each party is
- responsible for claims and damages arising, directly or
- indirectly, out of its utilization of rights under this License
- and You agree to work with Initial Developer and Contributors to
- distribute such responsibility on an equitable basis. Nothing
- herein is intended or shall be deemed to constitute any admission
- of liability.
+ ``The contents of this file are subject to the Mozilla Public License
+ Version 1.1 (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): ______________________________________.
+
+ Alternatively, the contents of this file may be used under the terms
+ of the _____ license (the "[___] License"), in which case the
+ provisions of [______] License are applicable instead of those
+ above. If you wish to allow use of your version of this file only
+ under the terms of the [____] License and not to allow others to use
+ your version of this file under the MPL, indicate your decision by
+ deleting the provisions above and replace them with the notice and
+ other provisions required by the [___] License. If you do not delete
+ the provisions above, a recipient may use your version of this file
+ under either the MPL or the [___] License."
+
+ [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. You should
+ use the text of this Exhibit A rather than the text found in the
+ Original Code Source Code for Your Modifications.]
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