galfar.imaginglib/Doc/VampyreDoc/Introduction/MPL.xml

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  <title>Mozilla Public License 1.1</title>
  <chapter>
    <title>Mozilla Public License 1.1</title>
    
    <mcap>1. Definitions.</mcap>
    <list>
      <li>
        <b>1.0.1. "Commercial Use"</b> means distribution or otherwise making the Covered Code
        available to a third party.
      </li>
      <li>
        <b>1.1. "Contributor"</b> means each entity that creates or contributes to the creation of
        Modifications.
      </li>
      <li>
        <b>1.2. "Contributor Version"</b> means the combination of the Original Code, prior
        Modifications used by a Contributor, and the Modifications made by that particular
        Contributor.
      </li>
      <li>
        <b>1.3. "Covered Code"</b> means the Original Code or Modifications or the combination of
        the Original Code and Modifications, in each case including portions thereof<b>.</b>
      </li>
      <li>
        <b>1.4. "Electronic Distribution Mechanism"</b> means a mechanism generally accepted in the
        software development community for the electronic transfer of data.
      </li>
      <li>
        <b>1.5. "Executable"</b> means Covered Code in any form other than Source Code.
      </li>
      <li>
        <b>1.6. "Initial Developer"</b> means the individual or entity identified as the Initial
        Developer in the Source Code notice required by <b>Exhibit A</b>.
      </li>
      <li>
        <b>1.7. "Larger Work"</b> means a work which combines Covered Code or portions thereof with
        code not governed by the terms of this License.
      </li>
      <li>
        <b>1.8. "License"</b> means this document.
      </li>
      <li>
        <b>1.8.1. "Licensable"</b> 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.
      </li>
      <li>
        <b>1.9. "Modifications"</b> 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:
      <list>
          <li>     
          <b>(a)</b> Any addition to or deletion from the contents of a file containing Original Code
          or previous Modifications.
        </li>
          <li>
          <b>(b)</b> Any new file that contains any part of the Original Code or previous
          Modifications.
        </li>
        </list>
      </li>
      <li>
      <b>1.10. "Original Code"</b> means Source Code of computer software code which is
      described in the Source Code notice required by <b>Exhibit A</b> as Original Code, and which,
      at the time of its release under this License is not already Covered Code governed by this
      License.
      </li>
      <li>
        <b>1.10.1. "Patent Claims"</b> means any patent claim(s), now owned or hereafter acquired,
        including without limitation, method, process, and apparatus claims, in any patent
        Licensable by grantor.
      </li>
      <li>
        <b>1.11. "Source Code"</b> 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.
      </li>
      <li>
        <b>1.12. "You" (or "Your")</b> 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.
      </li>
    </list>
    
    <mcap>2. Source Code License.</mcap>
    <list>
      <li>
      <b>2.1. The Initial Developer Grant.</b><br />
       The Initial Developer hereby grants You a world-wide, royalty-free, non-exclusive license,
      subject to third party intellectual property claims:
      <list>
        <li>     
        <b>(a)</b> 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
        </li>
        <li>
          <b>(b)</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).
        </li><b>(c)</b> 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.
        <li>
          <b>(d)</b> 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.
         </li>
       </list>
       </li>
      <li><b>2.2. Contributor Grant.</b><br />
       Subject to third party intellectual property claims, each Contributor hereby grants You a
      world-wide, royalty-free, non-exclusive license
      <list>
          <li>
         <b>(a)</b> 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
        </li>
          <li>
          <b>(b)</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).
        </li>
          <li>
          <b>(c)</b> 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.
        </li>
          <li>
          <b>(d)</b> 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.
      </li>
        </list>
      </li>
    </list>
    
    <mcap>3. Distribution Obligations.</mcap>
    <list>
      <li>
      <b>3.1. Application of License.</b><br />
       The Modifications which You create or to which You contribute are governed by the terms of
      this License, including without limitation Section <b>2.2</b>. 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 <b>6.1</b>, 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 <b>3.5</b>.
      </li>
      <li>
        <b>3.2. Availability of Source Code.</b><br />
         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.
      </li>
      <li>
        <b>3.3. Description of Modifications.</b><br />
         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.
      </li>
      <li>
        <b>3.4. Intellectual Property Matters</b>
        <list>
          <li>
        <b>(a) Third Party Claims</b>.<br />
         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.
        </li>
          <li>
          <b>(b) Contributor APIs</b>.<br />
           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.
        </li>
          <li><b>(c) Representations.</b><br />
         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.
        </li>
        </list>
      </li>
      <li>
         <b>3.5. Required Notices.</b><br />
         You must duplicate the notice in <b>Exhibit A</b> 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 <b>Exhibit A</b>. 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.
      </li>
      <li>
        <b>3.6. Distribution of Executable Versions.</b><br />
         You may distribute Covered Code in Executable form only if the requirements of Section
        <b>3.1-3.5</b> 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 <b>3.2</b>. 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.
      </li>
      <li>
        <b>3.7. Larger Works.</b><br />
         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.
      </li>
    </list>
    
    <mcap>
      4. Inability to Comply Due to Statute or Regulation.
    </mcap>
    <list>
      <li>
      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 <b>3.4</b> 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.
    </li>
    </list>
    
    <mcap>
      5. Application of this License.
    </mcap>
    <list>
      <li>
      This License applies to code to which the Initial Developer has attached the notice in
      <b>Exhibit A</b> and to related Covered Code.
    </li>
    </list>
    
    <mcap>
      6. Versions of the License.
    </mcap>
    <list>
      <li>
      <b>6.1. New Versions</b>.<br />
       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.
      </li>
      <li>
        <b>6.2. Effect of New Versions</b>.<br />
         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.
      </li>
      <li>
        <b>6.3. Derivative Works</b>.<br />
         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 <b>Exhibit A</b> shall not of themselves be deemed to be
        modifications of this License.)
      </li>
    </list>
    
    <mcap>
      7. DISCLAIMER OF WARRANTY.
    </mcap>
    <list>
      <li>
      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.
    </li>
    </list>
    
    <mcap>
      8. TERMINATION.
    </mcap>
    <list>
      <li>
      <b>8.1.</b> 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.
      </li>
      <li>
        <b>8.2.</b> 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:
      
      <list>
          <li>
          <b>(a)</b> 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.
        </li>
          <li>
          <b>(b)</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.
        </li>
        </list>
      </li>
      <li>
        <b>8.3.</b> 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.
      </li>
      <li>
        <b>8.4.</b> 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.
      </li>
    </list>
    
    <mcap>
      9. LIMITATION OF LIABILITY.
    </mcap>
    <list>
      <li>
      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.
    </li>
    </list>
    
    <mcap>
      10. U.S. GOVERNMENT END USERS.
    </mcap>
    <list>
      <li>
      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.
    </li>
    </list>
    
    <mcap>
      11. MISCELLANEOUS.
    </mcap>
    <list>
      <li>
      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.
    </li>
    </list>
    
    <mcap>
      12. RESPONSIBILITY FOR CLAIMS.
    </mcap>
    <list>
      <li>
      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.
      </li>
    </list>
    
    <mcap>
      13. MULTIPLE-LICENSED CODE.
    </mcap>
    <list>
      <li>
      Initial Developer may designate portions of the Covered Code as Multiple-Licensed.
      Multiple-Licensed means that the Initial Developer permits you to utilize portions of the
      Covered Code under Your choice of the MPL or the alternative licenses, if any, specified by
      the Initial Developer in the file described in Exhibit A.
      </li>
    </list>
    
    <mcap>
      EXHIBIT A - Mozilla Public License.
    </mcap>
    <list>
      <li>
      <code>
The contents of this file are used with permission, 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/MPL-1.1.html                                      
                                                                             
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.
 </code>
      <par>
        [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.]
      </par>  
      </li>
    </list>
  </chapter>
</doc>