FREE DOWNLOAD COMPONENTS/THIRD
PARTY TERMS AND CONDITIONS
PROGRAM: M-Business
Anywhere ® v. 4.1
The Program
contains open source and other free download components as identified
below. Third party license terms and other third party-required notices
are provided below.
Apache
Software Foundation
Components: Apache Web Server, Xalan, Xerces
Copyright © The Apache Software Foundation. All rights reserved.
Redistribution and use in source and binary forms, with or without modification,
are permitted provided that the following conditions are met: (i) redistributions
of source code must retain the above copyright notice, this list of conditions
and the following disclaimer; (ii) redistributions in binary form must
reproduce the above copyright notice, this list of conditions and the
following disclaimer in the documentation and/or other materials provided
with the distribution; (iii) the end-user documentation included with
the redistribution, if any, must include the following acknowledgment:
"This product includes software developed by the Apache Software
Foundation ( http://www.apache.org/)."
Alternately, this acknowledgment may appear in the software itself, if
and wherever such third-party acknowledgments normally appear; (iv) the
names “Apache”, "Apache Software Foundation" and
the names of the components identified above must not be used to endorse
or promote products derived from this software without prior written permission.
For written permission, please contact apache@apache.org;
and (v) products derived from this software may not be called "Apache",
nor may "Apache" appear in their name, without prior written
permission of the Apache Software Foundation. THIS SOFTWARE IS PROVIDED
``AS IS'' AND ANY EXPRESSED OR IMPLIED WARRANTIES, INCLUDING, BUT NOT
LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR
A PARTICULAR PURPOSE ARE DISCLAIMED. IN NO EVENT SHALL THE APACHE SOFTWARE
FOUNDATION OR ITS CONTRIBUTORS BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL,
SPECIAL, EXEMPLARY, OR CONSEQUENTIAL DAMAGES (INCLUDING, BUT NOT LIMITED
TO, PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES; LOSS OF USE, DATA, OR
PROFITS; OR BUSINESS INTERRUPTION) HOWEVER CAUSED AND ON ANY THEORY OF
LIABILITY, WHETHER IN CONTRACT, STRICT LIABILITY, OR TORT (INCLUDING NEGLIGENCE
OR OTHERWISE) ARISING IN ANY WAY OUT OF THE USE OF THIS SOFTWARE, EVEN
IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGE.
James
Clark
Component: ExPat
The MIT License
Copyright (c)
Permission is hereby granted, free of charge, to any person obtaining
a copy of this software and associated documentation files (the "Software"),
to deal in the Software without restriction, including without limitation
the rights to use, copy, modify, merge, publish, distribute, sublicense,
and/or sell copies of the Software, and to permit persons to whom the
Software is furnished to do so, subject to the following conditions:
The above copyright notice
and this permission notice shall be included in all copies or substantial
portions of the Software.
THE SOFTWARE IS PROVIDED
"AS IS", WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING
BUT NOT LIMITED TO THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR
PURPOSE AND NONINFRINGEMENT. IN NO EVENT SHALL THE AUTHORS OR COPYRIGHT
HOLDERS BE LIABLE FOR ANY CLAIM, DAMAGES OR OTHER LIABILITY, WHETHER IN
AN ACTION OF CONTRACT, TORT OR OTHERWISE, ARISING FROM, OUT OF OR IN CONNECTION
WITH THE SOFTWARE OR THE USE OR OTHER DEALINGS IN THE SOFTWARE.
Ralph
Engelshchall
Component: mod_ssl
Copyright (c) 1998-2001
Ralf S. Engelschall. All rights reserved.
Redistribution and use
in source and binary forms, with or without modification, are permitted
provided that the following conditions are met:
1. Redistributions of
source code must retain the above copyright notice, this list of conditions
and the following disclaimer.
2. Redistributions in
binary form must reproduce the above copyright notice, this list of
conditions and the following disclaimer in the documentation and/or
other materials provided with the distribution.
3. All advertising materials
mentioning features or use of this software must display the following
acknowledgment:"This product includes software developed by Ralf
S. Engelschall rse@engelschall.com
for use in the mod_ssl project ( http://www.modssl.org/)."
4. The names "mod_ssl"
must not be used to endorse or promote products derived from this software
without prior written permission. For written permission, please contact rse@engelschall.com.
5. Products derived
from this software may not be called "mod_ssl" nor may "mod_ssl"
appear in their names without prior written permission of Ralf S. Engelschall.
6. Redistributions of
any form whatsoever must retain the following acknowledgment:"This
product includes software developed by Ralf S. Engelschall rse@engelschall.com
for use in the mod_ssl project ( http://www.modssl.org/)."
THIS SOFTWARE IS PROVIDED
BY RALF S. ENGELSCHALL ``AS IS'' AND ANY EXPRESSED OR IMPLIED WARRANTIES,
INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY
AND FITNESS FOR A PARTICULAR PURPOSE ARE DISCLAIMED. IN NO EVENT SHALL
RALF S. ENGELSCHALL OR HIS CONTRIBUTORS BE LIABLE FOR ANY DIRECT, INDIRECT,
INCIDENTAL, SPECIAL, EXEMPLARY, OR CONSEQUENTIAL DAMAGES (INCLUDING, BUT
NOT LIMITED TO, PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES; LOSS OF USE,
DATA, OR PROFITS; OR BUSINESS INTERRUPTION) HOWEVER CAUSED AND ON ANY
THEORY OF LIABILITY, WHETHER IN CONTRACT, STRICT LIABILITY, OR TORT (INCLUDING
NEGLIGENCE OR OTHERWISE) ARISING IN ANY WAY OUT OF THE USE OF THIS SOFTWARE,
EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGE.
Thomas
Lane
Component: JPEG Library
In plain English:
1. We don't promise that
this software works. (But if you find any bugs, please let us know!)
2. You can use this
software for whatever you want. You don't have to pay us.
3. You may not pretend
that you wrote this software. If you use it in a program, you must acknowledge
somewhere in your documentation that you've used the IJG code.
In legalese:
The authors make NO WARRANTY or representation, either express or implied,
with respect to this software, its quality, accuracy, merchantability,
or fitness for a particular purpose. This software is provided "AS
IS", and you, its user, assume the entire risk as to its quality
and accuracy.
This software is copyright
(C) 1991-1998, Thomas G. Lane. All Rights Reserved except as specified
below.
Permission is hereby granted
to use, copy, modify, and distribute this software (or portions thereof)
for any purpose, without fee, subject to these conditions:
(1) If any part of the
source code for this software is distributed, then this README file
must be included, with this copyright and no-warranty notice unaltered;
and any additions, deletions, or changes to the original files must
be clearly indicated in accompanying documentation.
(2) If only executable
code is distributed, then the accompanying documentation must state
that "this software is based in part on the work of the Independent
JPEG Group".
(3) Permission for use
of this software is granted only if the user accepts full responsibility
for any undesirable consequences; the authors accept NO LIABILITY for
damages of any kind.
These conditions apply
to any software derived from or based on the IJG code, not just to the
unmodified library. If you use our work, you ought to acknowledge us.
Permission is NOT granted
for the use of any IJG author's name or company name in advertising or
publicity relating to this software or products derived from it. This
software may be referred to only as "the Independent JPEG Group's
software".
We specifically permit
and encourage the use of this software as the basis of commercial products,
provided that all warranty or liability claims are assumed by the product
vendor.
Jean-Loup
Gailly and Mark Adler
Component: Zlib Compression Library
www.gzip.org/zlib/zlib-license.html
Copyright © 1995-2003 Jean-loup Gailly and Mark Adler. All rights
reserved. This software is provided 'as-is', without any express or implied
warranty. In no event will the authors be held liable for any damages
arising from the use of this software. Permission is granted to anyone
to use this software for any purpose, including commercial applications,
and to alter it and redistribute it freely, subject to the following restrictions:
1. The origin of this
software must not be misrepresented; you must not claim that you wrote
the original software. If you use this software in a product, an acknowledgment
in the product documentation would be appreciated but is not required.
2. Altered source versions
must be plainly marked as such, and must not be misrepresented as being
the original software.
3. This notice may not
be removed or altered from any source distribution.
Group
42
Component: PNG Reference Library
The PNG Reference Library is supplied "AS IS". The Contributing
Authors and Group 42, Inc. disclaim all warranties, expressed or implied,
including, without limitation, the warranties of merchantability and of
fitness for any purpose. The Contributing Authors and Group 42, Inc. assume
no liability for direct, indirect, incidental, special, exemplary, or
consequential damages, which may result from the use of the PNG Reference
Library, even if advised of the possibility of such damage.
Permission is hereby granted
to use, copy, modify, and distribute this source code, or portions hereof,
for any purpose, without fee, subject to the following restrictions:
1. The origin of this
source code must not be misrepresented.
2. Altered versions must
be plainly marked as such and must not be misrepresented as being the
original source.
3. This Copyright notice
may not be removed or altered from any source or altered source distribution.
The Contributing Authors
and Group 42, Inc. specifically permit, without fee, and encourage the
use of this source code as a component to supporting the PNG file format
in commercial products. If you use this source code in a product, acknowledgment
is not required but would be appreciated.
Mozilla
Component: Mozilla JavaScript Engine
www.mozilla.org
This component is licensed under the Netscape Public License version 1.0,
a copy of which is at Attachment A.
Perl
Component: Perl
Perl is provided under the GNU General Public License version 1, a copy
of which is at Attachment B. This use of Perl is a “mere aggregation”
with the Program. Source code for Perl is available from iAnywhere (contact
Legal Department).
Jonathan
Swartz
Component: Mason
Mason is provided under the GNU General Public License version 1, a copy
of which is at Attachment B. This use of Mason is a “mere aggregation”
with the Program. Source code for Mason is available from iAnywhere (contact
Legal Department).
Other
The Program may also contain free download and/or open source content
(such as header files) required for interoperation with the operating
system(s) on which the product is designed to run.
ATTACHMENT
A
NETSCAPE PUBLIC LICENSE
Version 1.0
1. Definitions.
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.
1.9.
``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.
1.11.
``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 a list of 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'' 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
fifty percent (50%) or more 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)
to use, reproduce, modify, display, perform, sublicense and distribute
the Original Code (or portions thereof) with or without Modifications,
or as part of a Larger Work; and
(b)
under patents now or hereafter owned or controlled by Initial Developer,
to make, have made, use and sell (``Utilize'') the Original Code (or
portions thereof), but solely to the extent that any such patent is
reasonably necessary to enable You to Utilize the Original Code (or
portions thereof) and not to any greater extent that may be necessary
to Utilize further Modifications or combinations.
2.2.
Contributor Grant.
Each Contributor hereby grants You a world-wide, royalty-free, non-exclusive
license, subject to third party intellectual property claims:
(a)
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 or as part of a Larger Work; and
(b)
under patents now or hereafter owned or controlled by Contributor,
to Utilize the Contributor Version (or portions thereof), but solely
to the extent that any such patent is reasonably necessary to enable
You to Utilize the Contributor Version (or portions thereof), and
not to any greater extent that may be necessary to Utilize further
Modifications or combinations.
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 You have knowledge that a party claims an intellectual property
right in particular functionality or code (or its utilization under
this License), you 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 you obtain such knowledge after You make Your Modification available
as described in Section 3.2, You shall promptly modify the LEGAL file
in all copies You make 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 Your Modification is an application programming interface and You
own or control patents which are reasonably necessary to implement
that API, you must also include this information in the LEGAL file.
3.5.
Required Notices.
You must
duplicate the notice in Exhibit A in each file of the Source Code, and
this License in any documentation for the Source Code, where You describe
recipients' rights relating to Covered Code. If You created one or more
Modification(s), You may add your name as a Contributor to the notice
described in Exhibit A. 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 file) where
a user would be likely to look for such a notice. 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 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 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'', ``NPL'' or any
confusingly similar phrase do not appear anywhere in your 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.
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.
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 COVERED CODE, 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.
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: (a) 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, with the losing party paying all costs
of arbitration; (b) any arbitration relating to this Agreement shall
be held in Santa Clara County, California, under the auspices of JAMS/EndDispute;
and (c) any litigation relating to this Agreement 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.
Except in
cases where another Contributor has failed to comply with Section 3.4,
You are responsible for damages arising, directly or indirectly, out
of Your utilization of rights under this License, based on the number
of copies of Covered Code you made available, the revenues you received
from utilizing such rights, and other relevant factors. You agree to
work with affected parties to distribute responsibility on an equitable
basis.
AMENDMENTS
Additional
Terms applicable to the Netscape Public License.
I. Effect.
These additional terms described in this Netscape Public License -- Amendments
shall apply to the Mozilla Communicator client code and to all Covered
Code under this License.
II. ``Netscape's
Branded Code'' means Covered Code that Netscape distributes and/or
permits others to distribute under one or more trademark(s) which are
controlled by Netscape but which are not licensed for use under this License.
III. Netscape
and logo.
This License
does not grant any rights to use the trademark ``Netscape'', the ``Netscape
N and horizon'' logo or the Netscape lighthouse logo, even if such marks
are included in the Original Code.
IV. Inability
to Comply Due to Contractual Obligation.
Prior to licensing the Original Code under this License, Netscape has
licensed third party code for use in Netscape's Branded Code. To the extent
that Netscape is limited contractually from making such third party code
available under this License, Netscape may choose to reintegrate such
code into Covered Code without being required to distribute such code
in Source Code form, even if such code would otherwise be considered ``Modifications''
under this License.
V. Use
of Modifications and Covered Code by Initial Developer.
V.1.
In General.
The obligations
of Section 3 apply to Netscape, except to the extent specified in this
Amendment, Section V.2 and V.3.
V.2.
Other Products.
Netscape
may include Covered Code in products other than the Netscape's Branded
Code which are released by Netscape during the two (2) years following
the release date of the Original 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.
V.3.
Alternative Licensing.
Netscape
may license the Source Code of Netscape's Branded Code, including Modifications
incorporated therein, 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.
VI. Arbitration
and Litigation.
Notwithstanding
the limitations of Section 11 above, the provisions regarding arbitration
and litigation in Section 11(a), (b) and (c) of the License shall apply
to all disputes relating to this License.
EXHIBIT
A.
``The contents of this file are subject to the Netscape Public License
Version 1.0 (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/NPL/
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 Mozilla Communicator client code, released March
31, 1998.
The Initial Developer of the Original Code is Netscape Communications
Corporation. Portions created by Netscape are Copyright (C) 1998 Netscape
Communications Corporation. All Rights Reserved.
Contributor(s): ______________________________________.''
[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. This is due to time constraints encountered
in simultaneously finalizing the License and in preparing the Original
Code for release. You should use the text of this Exhibit A rather than
the text found in the Original Code Source Code for Your Modifications.]
ATTACHMENT
B
GNU GENERAL
PUBLIC LICENSE
Version 1, February 1989
Copyright (C) 1989 Free
Software Foundation, Inc. 59 Temple Place, Suite 330, Boston, MA 02111-1307,
USA Everyone is permitted to copy and distribute verbatim copies of this
license document, but changing it is not allowed.
Preamble
The license agreements
of most software companies try to keep users at the mercy of those companies.
By contrast, our General Public License is intended to guarantee your
freedom to share and change free software--to make sure the software is
free for all its users. The General Public License applies to the Free
Software Foundation's software and to any other program whose authors
commit to using it. You can use it for your programs, too.
When we speak of free
software, we are referring to freedom, not price. Specifically, the General
Public License is designed to make sure that you have the freedom to give
away or sell copies of free software, that you receive source code or
can get it if you want it, that you can change the software or use pieces
of it in new free programs; and that you know you can do these things.
To protect your rights,
we need to make restrictions that forbid anyone to deny you these rights
or to ask you to surrender the rights. These restrictions translate to
certain responsibilities for you if you distribute copies of the software,
or if you modify it.
For example, if you distribute
copies of a such a program, whether gratis or for a fee, you must give
the recipients all the rights that you have. You must make sure that they,
too, receive or can get the source code. And you must tell them their
rights.
We protect your rights
with two steps: (1) copyright the software, and (2) offer you this license
which gives you legal permission to copy, distribute and/or modify the
software.
Also, for each author's
protection and ours, we want to make certain that everyone understands
that there is no warranty for this free software. If the software is modified
by someone else and passed on, we want its recipients to know that what
they have is not the original, so that any problems introduced by others
will not reflect on the original authors' reputations.
The precise terms and
conditions for copying, distribution and modification follow.
GNU
GENERAL PUBLIC LICENSE
TERMS AND CONDITIONS FOR COPYING, DISTRIBUTION AND MODIFICATION
0. This License Agreement
applies to any program or other work which contains a notice placed
by the copyright holder saying it may be distributed under the terms
of this General Public License. The"Program", below, refers
to any such program or work, and a "work based on the Program"
means either the Program or any work containing the Program or a portion
of it, either verbatim or with modifications. Each licensee is addressed
as "you".
1. You may copy and
distribute verbatim copies of the Program's source code as you receive
it, in any medium, provided that you conspicuously and appropriately
publish on each copy an appropriate copyright notice and disclaimer
of warranty; keep intact all the notices that refer to this General
Public License and to the absence of any warranty; and give any other
recipients of the Program a copy of this General Public License along
with the Program. You may charge a fee for the physical act of transferring
a copy.
2. You may modify your
copy or copies of the Program or any portion of it, and copy and distribute
such modifications under the terms of Paragraph 1 above, provided that
you also do the following:
a) cause the modified
files to carry prominent notices stating that you changed the files
and the date of any change; and
b) cause the whole
of any work that you distribute or publish, that in whole or in part
contains the Program or any part thereof, either with or without modifications,
to be licensed at no charge to all third parties under the terms of
this General Public License (except that you may choose to grant warranty
protection to some or all third parties, at your option).
c) If the modified
program normally reads commands interactively when run, you must cause
it, when started running for such interactive use in the simplest
and most usual way, to print or display an announcement including
an appropriate copyright notice and a notice that there is no warranty
(or else, saying that you provide a warranty) and that users may redistribute
the program under these conditions, and telling the user how to view
a copy of this General Public License.
d) You may charge
a fee for the physical act of transferring a copy, and you may at
your option offer warranty protection in exchange for a fee.
Mere aggregation of another
independent work with the Program (or its derivative) on a volume of
a storage or distribution medium does not bring the other work under
the scope of these terms.
3. You may copy and
distribute the Program (or a portion or derivative of it, under Paragraph
2) in object code or executable form under the terms of Paragraphs 1
and 2 above provided that you also do one of the following:
a) accompany it with
the complete corresponding machine-readable source code, which must
be distributed under the terms of Paragraphs 1 and 2 above; or,
b) accompany it with
a written offer, valid for at least three years, to give any third
party free (except for a nominal charge for the cost of distribution)
a complete machine-readable copy of the corresponding source code,
to be distributed under the terms of Paragraphs 1 and 2 above; or,
c) accompany it with
the information you received as to where the corresponding source
code may be obtained. (This alternative is allowed only for noncommercial
distribution and only if you received the program in object code or
executable form alone.)
Source code for a work
means the preferred form of the work for making modifications to it.
For an executable file, complete source code means all the source code
for all modules it contains; but, as a special exception, it need not
include source code for modules which are standard libraries that accompany
the operating system on which the executable file runs, or for standard
header files or definitions files that accompany that operating system.
4. You may not copy,
modify, sublicense, distribute or transfer the Program except as expressly
provided under this General Public License. Any attempt otherwise to
copy, modify, sublicense, distribute or transfer the Program is void,
and will automatically terminate your rights to use the Program under
this License. However, parties who have received copies, or rights to
use copies, from you under this General Public License will not have
their licenses terminated so long as such parties remain in full compliance.
5. By copying, distributing
or modifying the Program (or any work based on the Program) you indicate
your acceptance of this license to do so, and all its terms and conditions.
6. Each time you redistribute
the Program (or any work based on the Program), the recipient automatically
receives a license from the original licensor to copy, distribute or
modify the Program subject to these terms and conditions. You may not
impose any further restrictions on the recipients' exercise of the rights
granted herein.
7. The Free Software
Foundation may publish revised and/or new versions of the General Public
License from time to time. Such new versions will be similar in spirit
to the present version, but may differ in detail to address new problems
or concerns.
Each version is given
a distinguishing version number. If the Program specifies a version
number of the license which applies to it and "any later version",
you have the option of following the terms and conditions either of
that version or of any later version published by the Free Software
Foundation. If the Program does not specify a version number of the
license, you may choose any version ever published by the Free Software
Foundation.
8. If you wish to incorporate
parts of the Program into other free programs whose distribution conditions
are different, write to the author to ask for permission. For software
which is copyrighted by the Free Software Foundation, write to the Free
Software Foundation; we sometimes make exceptions for this. Our decision
will be guided by the two goals of preserving the free status of all
derivatives of our free software and of promoting the sharing and reuse
of software generally.
NO WARRANTY
9. BECAUSE THE PROGRAM
IS LICENSED FREE OF CHARGE, THERE IS NO WARRANTY FOR THE PROGRAM, TO
THE EXTENT PERMITTED BY APPLICABLE LAW. EXCEPT WHEN OTHERWISE STATED
IN WRITING THE COPYRIGHT HOLDERS AND/OR OTHER PARTIES PROVIDE THE PROGRAM
"AS IS" WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESSED OR
IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY
AND FITNESS FOR A PARTICULAR PURPOSE. THE ENTIRE RISK AS TO THE QUALITY
AND PERFORMANCE OF THE PROGRAM IS WITH YOU. SHOULD THE PROGRAM PROVE
DEFECTIVE, YOU ASSUME THE COST OF ALL NECESSARY SERVICING, REPAIR OR
CORRECTION.
10. IN NO EVENT UNLESS
REQUIRED BY APPLICABLE LAW OR AGREED TO IN WRITING WILL ANY COPYRIGHT
HOLDER, OR ANY OTHER PARTY WHO MAY MODIFY AND/OR REDISTRIBUTE THE PROGRAM
AS PERMITTED ABOVE, BE LIABLE TO YOU FOR DAMAGES, INCLUDING ANY GENERAL,
SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF THE USE
OR INABILITY TO USE THE PROGRAM (INCLUDING BUT NOT LIMITED TO LOSS OF
DATA OR DATA BEING RENDERED INACCURATE OR LOSSES SUSTAINED BY YOU OR
THIRD PARTIES OR A FAILURE OF THE PROGRAM TO OPERATE WITH ANY OTHER
PROGRAMS), EVEN IF SUCH HOLDER OR OTHER PARTY HAS BEEN ADVISED OF THE
POSSIBILITY OF SUCH DAMAGES.
END OF TERMS AND CONDITIONS
Appendix: How to Apply
These Terms to Your New Programs
If you develop a new program,
and you want it to be of the greatest possible use to humanity, the best
way to achieve this is to make it free software which everyone can redistribute
and change under these terms.
To do so, attach the following
notices to the program. It is safest to attach them to the start of each
source file to most effectively convey the exclusion of warranty; and
each file should have at least the"copyright" line and a pointer
to where the full notice is found.
<one line to give the
program's name and a brief idea of what it does.> Copyright (C) 19yy
<name of author>
This program is free software;
you can redistribute it and/or modify it under the terms of the GNU General
Public License as published by the Free Software Foundation; either version
1, or (at your option) any later version.
This program is distributed
in the hope that it will be useful, but WITHOUT ANY WARRANTY; without
even the implied warranty of MERCHANTABILITY or FITNESS FOR A PARTICULAR
PURPOSE. See the GNU General Public License for more details.
You should have received
a copy of the GNU General Public License along with this program; if not,
write to the Free Software Foundation, Inc., 59 Temple Place, Suite 330,
Boston, MA 02111-1307, USA.
Also add information on
how to contact you by electronic and paper mail.
If the program is interactive,
make it output a short notice like this when it starts in an interactive
mode:
Gnomovision version 69,
Copyright (C) 19xx name of author Gnomovision comes with ABSOLUTELY NO
WARRANTY; for details type `show w'. This is free software, and you are
welcome to redistribute it under certain conditions; type `show c' for
details.
The hypothetical commands
`show w' and `show c' should show the appropriate parts of the General
Public License. Of course, the commands you use may be called something
other than `show w' and `show c'; they could even be mouse-clicks or menu
items--whatever suits your program.
You should also get your
employer (if you work as a programmer) or your school, if any, to sign
a "copyright disclaimer" for the program, if necessary. Here
a sample; alter the names:
Yoyodyne, Inc., hereby
disclaims all copyright interest in the program `Gnomovision' (a program
to direct compilers to make passes at assemblers) written by James Hacker.
That's all there is to
it! |