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.
