Under Construction
Source: OSI text (2009Jul07)
MPL 1.0 and MPL 1.1 are identical except for the marked sections of text.
Large stretches of identical text are highlighted like this paragraph.
Several licenses are based on MPL 1.1 and are textually related to it:
Differences from MPL 1.1 are marked in those files, but are not indicated here (markup here indicates differences from MPL 1.0).
The list items in Section 2 are not parallel in the original: each list begins with two items that are clauses of the preceding sentence, and then continues with two items that are complete sentences. The item numbering I assigned is similarly not parallel by item, and follows the structure of the sentences involved.
1.0.1.
§1.0.1§1.0.1¶1ṣ1Commercial Use
means distribution
or otherwise making the Covered Code available to a third party.
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.
1.8.1.
§1.8.1§1.8.1¶1ṣ1Licensable
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.
§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:
1.10.
§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.
1.10.1.
§1.10.1§1.10.1¶1ṣ1Patent 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.
§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
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
OSI text has paragraph break
or archival form,
provided the appropriate decompression
or de-archiving software is widely available
for no charge.
1.12.
§1.12§1.12¶1ṣ1You
(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.
§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
§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:
These list items are not structurally parallel in the original; here each item has been made a subparagraph:
thein original 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.
§2.2¶1§2.2¶1ṣ1Subject to third party intellectual property claims, each Contributor hereby grants You a world-wide, royalty-free, non-exclusive license
These list items are not structurally parallel in the original; top level items are counted here as subparagraphs.
thein original 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.
§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¶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¶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
§3.4.a¶1§3.4.a¶1ṣ1If 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.
§3.4.a¶1ṣ2If
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.
§3.4.b¶1§3.4.b¶1ṣ1If 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.
§3.4.c¶1§3.4.c¶1ṣ1Contributor 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¶1§3.5¶1ṣ1You must duplicate the notice in Exhibit A in each file of the Source Code. §3.5¶1ṣ2If 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. §3.5¶1ṣ3If You created one or more Modification(s) You may add your name as a Contributor to the notice described in Exhibit A. §3.5¶1ṣ4You must also duplicate this License in any documentation for the Source Code where You describe recipients' rights or ownership rights relating to Covered Code. §3.5¶1ṣ5You 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¶1ṣ6However, You may do so only on Your own behalf, and not on behalf of the Initial Developer or any Contributor.
This paragraph break is present in the OSI copy but not in the mozilla.org copy.
§3.5¶2§3.5¶2ṣ1You 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¶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 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. §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¶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¶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, judicial order, or regulation then You must:
§4¶1ṣ2Such description must be included in the LEGAL file described in Section 3.4 and must be included with all distributions OSI text has paragraph break 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¶1§5¶1ṣ1This License applies to code to which the Initial Developer has attached the notice in Exhibit A and to related Covered Code.
§6.1¶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¶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¶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
Mozilla,
MOZILLAPL,
MOZPL,
Netscape,
MPL,
NPLor any confusingly similar phrase do not appear in your license (except to note that your license differs from this License) and
§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¶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.
8.1. §8.1§8.1¶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. §8.1¶1ṣ2All sublicenses to the Covered Code which are properly granted shall survive any termination of this License. §8.1¶1ṣ3Provisions which, by their nature, must remain in effect beyond the termination of this License shall survive.
8.2.
§8.2§8.2¶1ṣ1If 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:
§8.2¶1.aṣ2If 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.
anyin original 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. §8.3§8.3¶1ṣ1If 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. §8.4§8.4¶1ṣ1In 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¶1§9¶1ṣ1UNDER 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. §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 THIS EXCLUSION AND LIMITATION MAY NOT APPLY TO YOU.
§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¶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.
This paragraph break is not present in the mozilla.org copy:
§11¶2§11¶2ṣ1This 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¶2ṣ2With 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. §11¶2ṣ3The application of the United Nations Convention on Contracts for the International Sale of Goods is expressly excluded. §11¶2ṣ4Any law or regulation which provides that the language of a contract shall be construed against the drafter shall not apply to this License.
§12¶1§12¶1ṣ1As between Initial Developer and the Contributors, each party is responsible OSI text has paragraph break 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. §12¶1ṣ2Nothing herein is intended or shall be deemed to constitute any admission of liability.
§13¶1§13¶1ṣ1Initial Developer may designate portions of the Covered Code as Multiple-Licensed. §13¶1ṣ2Multiple-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.
§14¶1§14¶1ṣ1The
contents of this file are subject to
the Mozilla Public License Version
1.1
(the
License
);
ṣ1.1you may not use this file except in compliance with the License.
§14¶1ṣ2You may obtain a copy of the License at
§14¶2§14¶2ṣ1Software distributed under the License is distributed on an
AS IS
basis,
WITHOUT WARRANTY OF ANY KIND,
either express
or implied.
§14¶2ṣ2See the License
for the specific language governing rights
and limitations under the License.
§14¶3§14¶3ṣ1The Original Code is ______________________________________.
§14¶4§14¶4ṣ1The Initial Developer of the Original Code is ________________________. ṣ2.1Portions created by ______________________ are Copyright (C) ______ _______________________. ṣ3.1All Rights Reserved.
§14¶5§14¶5ṣ1Contributor(s): ______________________________________.
§14¶6§14¶6ṣ1Alternatively, 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.
§14¶7§14¶7ṣ1If 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. §14¶7ṣ2If you do not delete the provisions above, a recipient may use your version of this file under either the MPL or the [___] License.
§14¶8§14¶8ṣ1[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. §14¶8ṣ2You should use the text of this Exhibit A rather than the text found in the Original Code Source Code for Your Modifications.]