Re: netscape licensing
- To: Multiple recipients of list <epc-l@iucr.org>
- Subject: Re: netscape licensing
- From: Yves Epelboin <Yves.Epelboin@lmcp.jussieu.fr>
- Date: Thu, 12 Mar 1998 16:58:29 GMT
I include the draft version 0.9 of netscape licensing. To me it seems that we may redistribute the product. However I agree with Howard that people will be able to find their own version. With best regards, Yves --- Yves EPELBOIN E-mail: epelboin@lmcp.jussieu.fr - Tel: +33 (0)1 44 27 52 11Netscape Public License version 0.90 NETSCAPE PUBLIC LICENSE
[draft version 0.90]
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Initial Developer: NETSCAPE COMMUNICATIONS CORPORATION
Original Code: [Mozilla] Communicator client code
1. Definitions.
1.1. ``Original Code'' means Source Code of the initial version of the computer software program identified above.
1.2. ``Modifications'' means any addition to or deletion from the substance or structure of either the Original Code or any previous Modifications. For Original Code 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.
1.3. ``Covered Work'' means the Original Code or Modifications or the combination of the Original Code and Modifications.
1.4. ``Initial Developer'' means the individual or entity identified above as the Initial Developer.
1.5. ``Initial Developer's Branded Code'' means a Covered Work which the Initial Developer distributes and/or permits others to distribute under one or more trademark(s) which are controlled by the Initial Developer but which are not licensed for use under this License.
1.6. ``Contributor'' means each entity which creates or contributes to the creation of Modifications.
1.7. ``License'' means a version of the ``Netscape Public License'' released by Initial Developer. ``This License'' means the version of the License identified at the beginning of this document.
1.8. ``Source Code'' means the preferred form of the work for making modifications to it, including all modules it contains, plus any associated interface definition files, scripts used to control compilation and installation of the executable, or a list of Source Code differential comparisons against either the Original Code or another well known, available Covered Work of the Contributor's choice.
1.9. ``You'' means anyone exercising rights under this License.
1.10. ``Larger Work'' means a work which combines a Covered Work or portions thereof with code not governed by the terms of this License.
2. Source Code License.
Subject to compliance with all the terms of this License:
2.1. The Initial Developer Grant.
The Initial Developer hereby grants, to each person who complies
with the terms of this License, a world-wide, royalty-free,
non-exclusive license to use, reproduce, modify, display, perform,
sublicense and distribute the Original Code either as Original
Code, with or without Modifications, or as a Larger Work.
2.2. Contributor Grant.
Each Contributor hereby grants, to each person who complies with
the terms of this License, a world-wide, royalty-free non-exclusive
license to use, reproduce, modify, display, perform, sublicense and
distribute the Modifications created by such Contributor either on
an unmodified basis, with Modifications, as a Covered Work or as a
Larger Work.
2.3. Patent Grant
The License grants in Section 2.1 and 2.2 include a
patent license to any patents controlled by the Initial Developer
or Contributor, as the case may be, which are required in order to
practice the inventions in the Covered Work.
2.4. Netscape and logo.
This License does not grant any rights to use the trademark
``Netscape'' or the Netscape ``N and horizon'' logo, even if such
marks are included in the Original Code.
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 Works may be
distributed only under the terms of this License, 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 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. Public Availability of Source Code.
Any Modification which You create or to which You contribute must
(a) be made publicly available in Source Code form under the terms
of this License via a mechanism generally accepted in the software
development community for the electronic transfer of data (a
current example is transmission via the file transfer protocol)
(``Electronic Transfer Mechanism''); and (b) remain publicly
available via an Electronic Transfer Mechanism for at least twelve
(12) months after the date it initially became publicly available,
or at least six (6) months after a subsequent version of that
particular Modification has been made publicly available. You are
responsible for ensuring that the Source Code version remains
available even if the Electronic Transfer Mechanism is maintained
by a third party.
3.3. Description of Modifications.
You must cause each Covered Work to contain a file documenting the
changes You made to the Original Code or subsequent Modifications
and the date of any change. You must also include, in every
location in the Source Code, executable version, and in related
documentation where You describe the origin or ownership of the
Covered Work, a notice visible to the end user and prominently
stating that the Modification is derived from Original Code
provided by the Initial Developer and including the name of the
Initial Developer.
3.4. Existing Third Party Claims.
You will not include functionality or code in any Covered Work if
You have actual knowledge that such functionality or code (or its
use under this License) is subject to intellectual property rights
of third parties, unless You have obtained royalty free rights for
all licenses and licensees under this License to use such
functionality or code. If You have actual knowledge that a party
claims an intellectual property right in particular functionality
or code but you do not believe such a claim is valid, You may
include such functionality or code, provided that you must include
a 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.
3.5. Required Notices.
You must duplicate the notice in Attachment A in the Source Code,
and the notices in Sections 7, 9, and 10 in
any documentation for the Source Code, where You describe
recipients' rights relating to Covered Work. You may choose to
offer, and to charge a fee for, additional warranty, support,
indemnity or liability rights to one or more recipients of the
Original Code, Modification or Modified Code. However, You may do
so only on Your own behalf, and not on behalf of the Initial
Developer or any other 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 other Contributor for any
liability incurred by the Initial Developer or such Contributor as
a result of warranty, support, indemnity or liability offers You
make.
3.6. Distribution of Executable Versions.
You may distribute a Covered Work in executable form only if the
requirements of Section 3 have been met for that Covered =
Work, and
if You include a notice stating that the Source Code version of the
Covered Work 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 included in =
all
locations in the Source Code, documentation and executable versions
in which You describe recipients' rights relating to the Covered
Work. You may distribute the executable version of a Covered Work
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. If You distribute the executable version
under a different license You must make it absolutely clear than
any terms which differ from this License are offered by You alone,
not by the Initial Developer or any other Contributor. You hereby
agree to indemnify the Initial Developer and every other
Contributor for any liability incurred by the Initial Developer or
such Contributor as a result of such terms You offer.
3.7. Larger Works.
You may combine a Covered Work with other code not governed by the
terms of this License and distribute the combination as a single
product. In such a case, You must make sure the requirements of
this License are fulfilled for the Covered Work.
4. Inability to Comply.
4.1. Due to Law or Regulation.
If it is impossible for You to comply with the terms of this
License with respect to some or all of the Covered Work due to
statute 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 law or regulation, such description must be
sufficiently detailed for a recipient of ordinary skill to be able
to understand it.
4.2. Due to Contractual Obligation.
Prior to licensing the Original Code under this License, the
Initial Developer has licensed third party code for use in the
Initial Developer's Branded Code. To the extent that the Initial
Developer is limited contractually from making such third party
code available under this License, the Initial Developer will
exclude such third party code from Covered Works.
5. Use of Modifications and Modified Code by Initial = Developer.
5.1. In General.
The obligations of Section 3 apply to the Initial Developer, =
except
to the extent specified in Section 5.2 and 5.3.
5.2. Other Products.
Initial Developer may include Covered Works in products other than
the Initial Developer's Branded 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.
5.3. Alternative Licensing.
Initial Developer may license the Source Code of Initial
Developer's Branded Code, including Modifications incorporated
therein, to third parties under different terms from those
contained in this License.
6. Versions of the License.
6.1. By Initial Developer.
The Initial Developer may publish revised and/or new versions of
the License from time to time, which shall be applicable to Covered
Works made publicly available after the date of the new license.
Such new versions will be similar in spirit to this License, but
may differ to address problems or concerns. Each version will be
given a distinguishing version number. No one other than Initial
Developer has the right to modify the terms applicable to Covered
Works created under this License.
6.2. For New Code.
If You wish to act as the Initial Developer for code which is not
already a Covered Work (``New Code''), You may use this document
and list Yourself as the Initial Developer and Your New Code as
Original Code at the top of this document. You may also modify
this License and use a modified version of this License for Your
New Code. However, if You modify this License other than by
changing the name of the Initial Developer and Original Code, You
must rename Your license so that it is clear that Your version of
the license has been modified (for example, ``Modified Netscape
Public
7. DISCLAIMER OF WARRANTY.
-
THE COVERED WORKS ARE 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 WORKS
ARE FREE OF DEFECTS, MERCHANTABLE, FIT FOR A PARTICULAR PURPOSE OR
NON-INFRINGING. THE ENTIRE RISK AS TO THE QUALITY AND PERFORMANCE
OF THE COVERED WORKS IS WITH YOU. SHOULD ANY COVERED WORK 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 WORK IS
AUTHORIZED HEREUNDER EXCEPT UNDER THIS DISCLAIMER.
8. TERMINATION.
-
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. All sublicenses to the Covered
Works 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.
9. LIMITATION OF LIABILITY.
-
UNDER 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 A COVERED
WORK, 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. 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 THAT
EXCLUSION AND LIMITATION MAY NOT APPLY TO YOU.
10. U.S. GOVERNMENT END USERS.
-
Each Covered Work 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 Works
with only those rights set forth herein.
11. MISCELLANEOUS.
-
This License represents the complete agreement concerning subject
matter hereof and may be amended only by a writing executed by both
parties. 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. Unless 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 in Santa Clara County, California,
under the auspices of JAMS/EndDispute, with the losing party paying
all costs of arbitration. This License shall be governed by
California law, excluding conflict of law provisions (except to the
extent applicable law, if any, provides otherwise). The application
of the United Nations Convention on Contracts for the International
Sale of Goods is expressly excluded.
12. RESPONSIBILITY FOR INTELLECTUAL PROPERTY CLAIMS.
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[This section is still under consideration.]
ATTACHMENT A
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``The contents of this file are subject to the Netscape Public
License Version 1.0 (the "NPL"); you may not use this file except
in compliance with the NPL. You may obtain a copy of the NPL at
http://www.mozilla.org/NPL/
Software distributed under the NPL is distributed on an "AS IS" basis, WITHOUT WARRANTY OF ANY KIND, either express or implied. See the NPL for the specific language governing rights and limitations under the NPL.
The Initial Developer of this code under the NPL is Netscape Communications Corporation. Portions created by Netscape are Copyright (C) 1998 Netscape Communications Corporation. All Rights Reserved.''
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