mirror of
https://git.lyx.org/repos/lyx.git
synced 2024-11-23 18:24:48 +00:00
471 lines
25 KiB
Plaintext
471 lines
25 KiB
Plaintext
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.
|
|
|
|
1.1. "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.
|
|
|
|
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.
|
|
|
|
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.
|
|
|
|
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.
|
|
|
|
5. Application of this License.
|
|
|
|
This License applies to code to which the Initial Developer has
|
|
attached the notice in Exhibit A and to related Covered Code.
|
|
|
|
6. Versions of the License.
|
|
|
|
6.1. New Versions.
|
|
Netscape Communications Corporation ("Netscape") may publish revised
|
|
and/or new versions of the License from time to time. Each version
|
|
will be given a distinguishing version number.
|
|
|
|
6.2. Effect of New Versions.
|
|
Once Covered Code has been published under a particular version of the
|
|
License, You may always continue to use it under the terms of that
|
|
version. You may also choose to use such Covered Code under the terms
|
|
of any subsequent version of the License published by Netscape. No one
|
|
other than Netscape has the right to modify the terms applicable to
|
|
Covered Code created under this License.
|
|
|
|
6.3. Derivative Works.
|
|
If You create or use a modified version of this License (which you may
|
|
only do in order to apply it to code which is not already Covered Code
|
|
governed by this License), You must (a) rename Your license so that
|
|
the phrases "Mozilla", "MOZILLAPL", "MOZPL", "Netscape",
|
|
"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 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.]
|
|
|