Thomas A. Alspaugh
Mozilla Public License version 1.0

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Source: mozilla.org text (2009Sep09)

MPL 1.0 and MPL 1.1 are identical except for the marked sections of text. 

  1. indicates text different in the other license;
  2. indicates text not present in the other; and
  3. indicates where text is present in the other but not here.

Large stretches of identical text are highlighted like this paragraph.

Words, repeated phrases.

1. §1Definitions.

1.1. §1.1§1.1¶1ṣ1Contributor means each entity that creates or contributes to the creation of Modifications.

1.2. §1.2§1.2¶1ṣ1Contributor Version means the combination of the Original Code, prior Modifications used by a Contributor, and the Modifications made by that particular Contributor.

1.3. §1.3§1.3¶1ṣ1Covered Code means the Original Code or Modifications or the combination of the Original Code and Modifications, in each case including portions thereof.

1.4. §1.4§1.4¶1ṣ1Electronic Distribution Mechanism means a mechanism generally accepted in the software development community for the electronic transfer of data.

1.5. §1.5§1.5¶1ṣ1Executable means Covered Code in any form other than Source Code.

1.6. §1.6§1.6¶1ṣ1Initial Developer means the individual or entity identified as the Initial Developer in the Source Code notice required by Exhibit A.

1.7. §1.7§1.7¶1ṣ1Larger Work means a work which combines Covered Code or portions thereof with code not governed by the terms of this License.

1.8. §1.8§1.8¶1ṣ1License means this document.

1.9. §1.9§1.9¶1ṣ1Modifications means any addition to or deletion from the substance or structure of either the Original Code or any previous Modifications. §1.9¶1ṣ2When Covered Code is released as a series of files, a Modification is:

  1. A. ṣ2.AAny addition to or deletion from the contents of a file containing Original Code or previous Modifications.
  2. B. ṣ2.BAny new file that contains any part of the Original Code or previous Modifications.

1.10. §1.10§1.10¶1ṣ1Original Code means Source Code of computer software code which is described in the Source Code notice required by Exhibit A as Original Code, and which, at the time of its release under this License is not already Covered Code governed by this License.

1.11. §1.11§1.11¶1ṣ1Source 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. §1.11¶1ṣ2The 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. §1.12§1.12¶1ṣ1You 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. §1.12¶1ṣ2For legal entities, You includes any entity which controls, is controlled by, or is under common control with You. §1.12¶1ṣ3For purposes of this definition, control means

  1. (a) ṣ3.athe power, direct or indirect, to cause the direction or management of such entity, whether by contract or otherwise, or
  2. (b) ṣ3.bownership of fifty percent (50%) or more of the outstanding shares or beneficial ownership of such entity.

2. §2Source Code License.

2.1. §2.1The Initial Developer Grant.

§2.1¶1§2.1¶1ṣ1The Initial Developer hereby grants You a world-wide, royalty-free, non-exclusive license, subject to third party intellectual property claims:

  1. (a) ṣ1.ato 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
  2. (b) ṣ1.bunder 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. §2.2Contributor Grant.

§2.2¶1§2.2¶1ṣ1Each Contributor hereby grants You a world-wide, royalty-free, non-exclusive license, subject to third party intellectual property claims:

  1. (a) ṣ1.ato 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
  2. (b) ṣ1.bunder 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. §3Distribution Obligations.

3.1. §3.1Application of License.

§3.1¶1§3.1¶1ṣ1The Modifications which You create or to which You contribute are governed by the terms of this License, including without limitation Section 2.2. §3.1¶1ṣ2The 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. §3.1¶1ṣ3You 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. §3.1¶1ṣ4However, You may include an additional document offering the additional rights described in Section 3.5.

3.2. §3.2Availability of Source Code.

§3.2¶1§3.2¶1ṣ1Any 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; ṣ1.1and 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. §3.2¶1ṣ2You 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. §3.3Description of Modifications.

§3.3¶1§3.3¶1ṣ1You 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. §3.3¶1ṣ2You 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

  1. (a) ṣ2.athe Source Code, and
  2. (b) ṣ2.bin any notice in an Executable version or related documentation in which You describe the origin or ownership of the Covered Code.

3.4. §3.4Intellectual Property Matters

(a) §3.4.aThird Party Claims.

§3.4.a¶1§3.4.a¶1ṣ1If 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. §3.4.a¶1ṣ2If 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) §3.4.bContributor APIs.

§3.4.b¶1§3.4.b¶1ṣ1If 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. §3.5Required Notices.

§3.5¶1§3.5¶1ṣ1You 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. §3.5¶1ṣ2If You created one or more Modification(s), You may add your name as a Contributor to the notice described in Exhibit A. §3.5¶1ṣ3If 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. §3.5¶1ṣ4You may choose to offer, and to charge a fee for, warranty, support, indemnity or liability obligations to one or more recipients of Covered Code. §3.5¶1ṣ5However, You may do so only on Your own behalf, and not on behalf of the Initial Developer or any Contributor. §3.5¶1ṣ6You 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. §3.6Distribution of Executable Versions.

§3.6¶1§3.6¶1ṣ1You 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. §3.6¶1ṣ2The 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. §3.6¶1ṣ3You 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. §3.6¶1ṣ4If 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. §3.6¶1ṣ5You 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. §3.7Larger Works.

§3.7¶1§3.7¶1ṣ1You 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. §3.7¶1ṣ2In such a case, You must make sure the requirements of this License are fulfilled for the Covered Code.

4. §4Inability to Comply Due to Statute or Regulation.

§4¶1§4¶1ṣ1If 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:

  1. (a) ṣ1.acomply with the terms of this License to the maximum extent possible; and
  2. (b) ṣ1.bdescribe the limitations and the code they affect.

§4¶1ṣ2Such description must be included in the LEGAL file described in Section 3.4 and must be included with all distributions of the Source Code. §4¶1ṣ3Except 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. §5Application of this License.

§5¶1§5¶1ṣ1This License applies to code to which the Initial Developer has attached the notice in Exhibit A, and to related Covered Code.

6. §6Versions of the License.

6.1. §6.1New Versions.

§6.1¶1§6.1¶1ṣ1Netscape Communications Corporation (Netscape) may publish revised and/or new versions of the License from time to time. §6.1¶1ṣ2Each version will be given a distinguishing version number.

6.2. §6.2Effect of New Versions.

§6.2¶1§6.2¶1ṣ1Once 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. §6.2¶1ṣ2You may also choose to use such Covered Code under the terms of any subsequent version of the License published by Netscape. §6.2¶1ṣ3No one other than Netscape has the right to modify the terms applicable to Covered Code created under this License.

6.3. §6.3Derivative Works.

§6.3¶1§6.3¶1ṣ1If 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

  1. (a) ṣ1.arename Your license so that the phrases Mozilla, MOZILLAPL, MOZPL, Netscape, NPL or any confusingly similar phrase do not appear anywhere in your license and
  2. (b) ṣ1.botherwise make it clear that your version of the license contains terms which differ from the Mozilla Public License and Netscape Public License.

§6.3¶1ṣ2(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. §7DISCLAIMER OF WARRANTY.

§7¶1§7¶1ṣ1COVERED 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. §7¶1ṣ2THE ENTIRE RISK AS TO THE QUALITY AND PERFORMANCE OF THE COVERED CODE IS WITH YOU. §7¶1ṣ3SHOULD 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. §7¶1ṣ4THIS DISCLAIMER OF WARRANTY CONSTITUTES AN ESSENTIAL PART OF THIS LICENSE. §7¶1ṣ5NO USE OF ANY COVERED CODE IS AUTHORIZED HEREUNDER EXCEPT UNDER THIS DISCLAIMER.

8. §8TERMINATION.

§8¶1§8¶1ṣ1This 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. §8¶1ṣ2All sublicenses to the Covered Code which are properly granted shall survive any termination of this License. §8¶1ṣ3Provisions which, by their nature, must remain in effect beyond the termination of this License shall survive.

9. §9LIMITATION OF LIABILITY.

§9¶1§9¶1ṣ1UNDER 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. §9¶1ṣ2THIS 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. §9¶1ṣ3SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THAT EXCLUSION AND LIMITATION MAY NOT APPLY TO YOU.

10. §10U.S. GOVERNMENT END USERS.

§10¶1§10¶1ṣ1The 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). §10¶1ṣ2Consistent 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. §11MISCELLANEOUS.

§11¶1§11¶1ṣ1This License represents the complete agreement concerning subject matter hereof. §11¶1ṣ2If any provision of this License is held to be unenforceable, such provision shall be reformed only to the extent necessary to make it enforceable. §11¶1ṣ3This License shall be governed by California law provisions (except to the extent applicable law, if any, provides otherwise), excluding its conflict-of-law provisions. §11¶1ṣ4With 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:

  1. (a) ṣ4.aunless 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;
  2. (b) ṣ4.bany arbitration relating to this Agreement shall be held in Santa Clara County, California, under the auspices of JAMS/EndDispute; and
  3. (c) ṣ4.cany 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'Original has no apostrophe fees and expenses.

§11¶1ṣ5The application of the United Nations Convention on Contracts for the International Sale of Goods is expressly excluded. §11¶1ṣ6Any law or regulation which provides that the language of a contract shall be construed against the drafter shall not apply to this License.

12. §12RESPONSIBILITY FOR CLAIMS.

§12¶1§12¶1ṣ1Except 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. §12¶1ṣ2You agree to work with affected parties to distribute responsibility on an equitable basis.

§13EXHIBIT A.

“§13¶1§13¶1ṣ1The contents of this file are subject to the Mozilla Public License Version 1.0 (the License); ṣ1.1you may not use this file except in compliance with the License. §13¶1ṣ2You may obtain a copy of the License at http://www.mozilla.org/MPL/

§13¶2§13¶2ṣ1Software distributed under the License is distributed on an AS IS basis, WITHOUT WARRANTY OF ANY KIND, either express or implied. §13¶2ṣ2See the License for the specific language governing rights and limitations under the License.

§13¶3§13¶3ṣ1The Original Code is ______________________________________.

§13¶4§13¶4ṣ1The Initial Developer of the Original Code is ________________________. ṣ2.1Portions created by ______________________ are Copyright (C) ______ _______________________. ṣ3.1All Rights Reserved.

§13¶5§13¶5ṣ1Contributor(s): ______________________________________.”

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