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Re: netscape licensing


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 11

Netscape Public License version 0.90


NETSCAPE PUBLIC LICENSE
[draft version 0.90]


    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 License -- [Your Name]'' or ``[Your Name] Public License'').

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.

    [This section is still under consideration.]

ATTACHMENT A

    ``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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