mirror of
https://codeberg.org/forgejo/forgejo.git
synced 2024-11-21 06:45:40 +01:00
331 lines
20 KiB
Text
331 lines
20 KiB
Text
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 byExhibit 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 byExhibit 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.]
|