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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.)
7. Disclaimer of warranty
Covered code is provided under this license on an "as is" basis, without
warranty of any kind, either expressed or implied, including, without
limitation, warranties that the covered code is free of defects, merchantable,
fit for a particular purpose or non-infringing. The entire risk as to the quality
and performance of the covered code is with you. Should any covered
code prove defective in any respect, you (not the initial developer or any
other contributor) assume the cost of any necessary servicing, repair or
correction. This disclaimer of warranty constitutes an essential part of this
license. No use of any covered code is authorized hereunder except under
this disclaimer.
8. Termination
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.
10. U.S. government end users
The Covered Code is a "commercial item," as that term is defined in 48 C.F.R.
2.101 (Oct. 1995), consisting of "commercial computer software" and
"commercial computer software documentation," as such terms are used
in 48 C.F.R. 12.212 (Sept. 1995). Consistent with 48 C.F.R. 12.212 and 48
C.F.R. 227.7202-1 through 227.7202-4 (June 1995), all U.S. Government
End Users acquire Covered Code with only those rights set forth herein.
11. Miscellaneous
This License represents the complete agreement concerning subject
matter hereof. If any provision of this License is held to be unenforceable,
such provision shall be reformed only to the extent necessary to make it
enforceable. This License shall be governed by California law provisions
(except to the extent applicable law, if any, provides otherwise), excluding
its conflict-of-law provisions. With respect to disputes in which at least one
party is a citizen of, or an entity chartered or registered to do business in
the United States of America, 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.
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.
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 OpenSSL toolkit stays under a dual license, i.e. both the conditions of
the OpenSSL License and the original SSLeay license apply to the toolkit.
See below for the actual license texts. Actually both licenses are BSD-style
Open Source licenses. In case of any license issues related to OpenSSL
please contact openssl-core@openssl.org.