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23 <H2>Initial Developer's PUBLIC LICENSE Version 1.0</H2>
30 <P>1.0 "<B>Commercial Use</B>" means distribution or
31 otherwise making the Covered Code available to a third party.
33 <P>1.1 ''<B>Contributor</B>'' means each entity that creates or
34 contributes to the creation of Modifications.
36 <P>1.2 ''<B>Contributor Version</B>'' means the combination of the
37 Original Code, prior Modifications used by a Contributor, and the
38 Modifications made by that particular Contributor.
40 <P>1.3. ''<B>Covered Code</B>'' means the Original Code or
41 Modifications or the combination of the Original Code and
42 Modifications, in each case including portions thereof.
44 <P>1.4. ''<B>Electronic Distribution Mechanism</B>'' means a
45 mechanism generally accepted in the software development community
46 for the electronic transfer of data.
48 <P>1.5. ''<B>Executable</B>'' means Covered Code in any form other
51 <P>1.6. ''<B>Initial Developer</B>'' means the individual or
52 entity identified as the Initial Developer in the Source Code
53 notice required by Exhibit A.
55 <P>1.7. ''<B>Larger Work</B>'' means a work which combines Covered
56 Code or portions thereof with code not governed by the terms of
59 <P>1.8. ''<B>License</B>'' means this document.
61 <P>1.8.1. "<B>Licensable</B>" means having the right to
62 grant, to the maximum extent possible, whether at the time of the
63 initial grant or subsequently acquired, any and all of the rights
66 <P>1.9. ''<B>Modifications</B>'' means any addition to or deletion
67 from the substance or structure of either the Original Code or any
68 previous Modifications. When Covered Code is released as a series
69 of files, a Modification is:
71 <P>Any addition to or deletion from the contents of a file
72 containing Original Code or previous Modifications.
74 <P>Any new file that contains any part of the Original Code or
75 previous Modifications.
77 <P>1.10. ''<B>Original Code</B>'' means Source Code of computer
78 software code which is described in the Source Code notice
79 required by Exhibit A as Original Code, and which, at the time of
80 its release under this License is not already Covered Code
81 governed by this License.
83 <P>1.10.1. "<B>Patent Claims</B>" means any patent
84 claim(s), now owned or hereafter acquired, including without
85 limitation, method, process, and apparatus claims, in any patent
86 Licensable by grantor.
88 <P>1.11. ''<B>Source Code</B>'' means the preferred form of the
89 Covered Code for making modifications to it, including all modules
90 it contains, plus any associated interface definition files,
91 scripts used to control compilation and installation of an
92 Executable, or source code differential comparisons against either
93 the Original Code or another well known, available Covered Code of
94 the Contributor's choice. The Source Code can be in a compressed
95 or archival form, provided the appropriate decompression or
96 de-archiving software is widely available for no charge.
98 <P>1.12. "<B>You</B>'' (or "<B>Your</B>") means an
99 individual or a legal entity exercising rights under, and
100 complying with all of the terms of, this License or a future
101 version of this License issued under Section 6.1. For legal
102 entities, "You'' includes any entity w hich controls, is
103 controlled by, or is under common control with You. For purposes
104 of this definition, "control'' means (a) the power, direct or
105 indirect, to cause the direction or management of such entity,
106 whether by contract or otherwise, or (b) ownership of more than
107 fifty percent (50%) of the outstanding shares or beneficial
108 ownership of such entity.</P>
109 <P>2. Source Code License.
111 <P><B>2.1. The Initial Developer Grant.</B> The Initial Developer
112 hereby grants You a world-wide, royalty-free, non-exclusive
113 license, subject to third party intellectual property claims:
115 <P>(a) under intellectual property rights (other than patent or
116 trademark) Licensable by Initial Developer to use, reproduce,
117 modify, display, perform, sublicense and distribute the Original
118 Code (or portions thereof) with or without Modifications, and/or
119 as part of a Larger Work; and
121 <P>(b) under Patents Claims infringed by the making, using or
122 selling of Original Code, to make, have made, use, practice, sell,
123 and offer for sale, and/or otherwise dispose of the Original Code
124 (or portions thereof).
126 <P>(c) the licenses granted in this Section 2.1(a) and (b) are
127 effective on the date Initial Developer first distributes Original
128 Code under the terms of this License.
130 <P>d) Notwithstanding Section 2.1(b) above, no patent license is
132 <P>1) for code that You delete from the Original Code;
134 <P>2) separate from the Original Code; or
136 <P>3) for infringements caused by:
138 <P>i) the modification of the Original Code or
140 <P>ii) the combination of the Original Code with other software or
143 <P><B>2.2. Contributor Grant.</B> Subject to third party
144 intellectual property claims, each Contributor hereby grants You a
145 world-wide, royalty-free, non-exclusive license
147 <P>(a) under intellectual property rights (other than patent or
148 trademark) Licensable by Contributor, to use, reproduce, modify,
149 display, perform, sublicense and distribute the Modifications
150 created by such Contributor (or portions thereof) either on an
151 unmodified basis, with other Modifications, as Covered Code and/or
152 as part of a Larger Work; and
154 <P>(b) under Patent Claims infringed by the making, using, or
155 selling of Modifications made by that Contributor either alone
156 and/or in combination with its Contributor Version (or portions of
157 such combination), to make, use, sell, offer for sale, have made,
158 and/or otherwise dispose of: 1) Modifications made by that
159 Contributor (or portions thereof); and 2) the combination of
160 Modifications made by that Contributor with its Contributor
161 Version (or portions of such combination).
163 <P>(c) the licenses granted in Sections 2.2(a) and 2.2(b) are
164 effective on the date Contributor first makes Commercial Use of
167 <P>(d) Notwithstanding Section 2.2(b) above, no patent license is
170 <P>1) for any code that Contributor has deleted from the
173 <P>2) separate from the Contributor Version;
175 <P>3) for infringements caused by: i) third party modifications of
176 Contributor Version or
178 <P>ii) the combination of Modifications made by that Contributor
179 with other software (except as part of the Contributor Version) or
182 <P>4) under Patent Claims infringed by Covered Code in the absence
183 of Modifications made by that Contributor.
185 <P>3. Distribution Obligations.
187 <P><B>3.1. Application of License.</B> The Modifications which You
188 create or to which You contribute are governed by the terms of
189 this License, including without limitation Section 2.2. The Source
190 Code version of Covered Code may be distributed only under the
191 terms of this License or a future version of this License released
192 under Section 6.1, and You must include a copy of this License
193 with every copy of the Source Code You distribute. You may not
194 offer or impose any terms on any Source Code version that alters
195 or restricts the applicable version of this License or the
196 recipients' rights hereunder. However, You may include an
197 additional document offering the additional rights described in
199 <P><B>3.2. Availability of Source Code</B>. Any Modification which
200 You create or to which You contribute must be made available in
201 Source Code form under the terms of this License either on the
202 same media as an Executable version or via an accepted Electronic
203 Distribution Mechanism to anyone to whom you made an Executable
204 version available; and if made available via Electronic
205 Distribution Mechanism, must remain available for at least twelve
206 (12) months after the date it initially became available, or at
207 least six (6) months after a subsequent version of that particular
208 Modification has been made available to such recipients. You are
209 responsible for ensuring that the Source Code version remains
210 available even if the Electronic Distribution Mechanism is
211 maintained by a third party.
213 <P><B>3.3. Description of Modifications.</B> You must cause all
214 Covered Code to which You contribute to contain a file documenting
215 the changes You made to create that Covered Code and the date of
216 any change. You must include a prominent statement that the
217 Modification is derived, directly or indirectly, from Original
218 Code provided by the Initial Developer and including the name of
219 the Initial Developer in
221 <P>(a) the Source Code, and
223 <P>(b) in any notice in an Executable version or related
224 documentation in which You describe the origin or ownership of the
226 <P><B>3.4. Intellectual Property Matters </B>
228 <P>a) Third Party Claims. If Contributor has knowledge that a
229 license under a third party's intellectual property rights is
230 required to exercise the rights granted by such Contributor under
231 Sections 2.1 or 2.2, Contributor must include a text file with the
232 Source Code distribution titled "LEGAL'' which describes the
233 claim and the party making the claim in sufficient detail that a
234 recipient will know whom to contact. If Contributor obtains such
235 knowledge after the Modification is made available as described in
236 Section 3.2, Contributor shall promptly modify the LEGAL file in
237 all copies Contributor makes available thereafter and shall take
238 other steps (such as notifying appropriate mailing lists or
239 newsgroups) reasonably calculated to inform those who received the
240 Covered Code that new knowledge has been obtained.
242 <P>(b) Contributor APIs. If Contributor's Modifications include an
243 application programming interface and Contributor has knowledge of
244 patent licenses which are reasonably necessary to implement that
245 API, Contributor must also include this information in the LEGAL
248 <P>(c) Representations. Contributor represents that, except as
249 disclosed pursuant to Section 3.4(a) above, Contributor believes
250 that Contributor's Modifications are Contributor's original
251 creation(s) and/or Contributor has sufficient rights to grant the
252 rights conveyed by this License.
254 <P><B>3.5. Required Notices.</B> You must duplicate the notice in
255 Exhibit A in each file of the Source Code. If it is not possible
256 to put such notice in a particular Source Code file due to its
257 structure, then You must include such notice in a location (such
258 as a relevant directory) where a user would be likely to look for
259 such a notice. If You created one or more Modification(s) You may
260 add your name as a Contributor to the notice described in Exhibit
261 A. You must also duplicate this License in any documentation for
262 the Source Code where You describe recipients' rights or ownership
263 rights relating to Covered Code. You may choose to offer, and to
264 charge a fee for, warranty, support, indemnity or liability
265 obligations to one or more recipients of Covered Code. However,
266 You may do so only on Your own behalf, and not on behalf of the
267 Initial Developer or any Contributor. You must make it absolutely
268 clear than any such warranty, support, indemnity or liability
269 obligation is offered by You alone, and You hereby agree to
270 indemnify the Initial Developer and every Contributor for any
271 liability incurred by the Initial Developer or such Contributor as
272 a result of warranty, support, indemnity or liability terms You
275 <P><B>3.6. Distribution of Executable Versions.</B> You may
276 distribute Covered Code in Executable form only if the
277 requirements of Section 3.1-3.5 have been met for that Covered
278 Code, and if You include a notice stating that the Source Code
279 version of the Covered Code is available under the terms of this
280 License, including a description of how and where You have
281 fulfilled the obligations of Section 3.2. The notice must be
282 conspicuously included in any notice in an Executable version,
283 related documentation or collateral in which You describe
284 recipients' rights relating to the Covered Code. You may
285 distribute the Executable version of Covered Code or ownership
286 rights under a license of Your choice, which may contain terms
287 different from this License, provided that You are in compliance
288 with the terms of this License and hat the license for the
289 Executable version does not attempt to limit or alter the
290 recipient's rights in the Source Code version from the rights set
291 forth in this License. If You distribute the Executable version
292 under a different license You must make it absolutely clear that
293 any terms which differ from this License are offered by You alone,
294 not by the Initial Developer or any Contributor. You hereby agree
295 to indemnify the Initial Developer and every Contributor for any
296 liability incurred by the Initial Developer or such Contributor as
297 a result of any such terms You offer.
299 <P><B>3.7. Larger Works.</B> You may create a Larger Work by
300 combining Covered Code with other code not governed by the terms
301 of this License and distribute the Larger Work as a single
302 product. In such a case, You must make sure the requirements of
303 this License are fulfilled for the Covered Code.
305 <P>4. Inability to Comply Due to Statute or Regulation.
307 <P>If it is impossible for You to comply with any of the terms of
308 this License with respect to some or all of the Covered Code due
309 to statute, judicial order, or regulation then You must:
311 <P>(a) comply with the terms of this License to the maximum extent
314 <P>(b) describe the limitations and the code they affect. Such
315 description must be included in the LEGAL file described in
316 Section 3.4 and must be included with all distributions of the
317 Source Code. Except to the extent prohibited by statute or
318 regulation, such description must be sufficiently detailed for a
319 recipient of ordinary skill to be able to understand it.
321 <P>5. Application of this License.</P>
322 <P>This License applies to code to which the Initial Developer has
323 attached the notice in Exhibit A and to related Covered Code.
325 <P>6. Versions of the License.
327 <P><B>6.1. New Versions.</B> The Initial Developer of this code
328 may publish revised and/or new versions of the License from time
329 to time. Each version will be given a distinguishing version
332 <P><B>6.2. Effect of New Versions.</B> Once Covered Code has been
333 published under a particular version of the License, You may
334 always continue to use it under the terms of that version. You may
335 also choose to use such Covered Code under the terms of any
336 subsequent version of the License published by the Initial
337 Developer. No one other than the Initial Developer has the right
338 to modify the terms applicable to Covered Code created under this
341 <P><B>6.3. Derivative Works.</B> If You create or use a modified
342 version of this License (which you may only do in order to apply
343 it to code which is not already Covered Code governed by this
346 <P>(a) rename Your license so that the phrases ''Mozilla'',
347 ''MOZILLAPL'', ''MOZPL'', ''Netscape'', "MPL", ''NPL",
348 or any confusingly similar phrases do not appear in your license
349 (except to note that your license differs from this License) and
351 <P>(b) otherwise make it clear that Your version of the license
352 contains terms which differ from the Mozilla Public License and
353 Netscape Public License. (Filling in the name of the Initial
354 Developer, Original Code or Contributor in the notice described in
355 Exhibit A shall not of themselves be deemed to be modifications of
358 <P><B>6.4 Origin of the Initial Developer's Public License.</B>
359 The Initial Developer's Public License is based on the Mozilla
360 Public License V 1.1 with the following changes:
362 <P>1) The license is published by the Initial Developer of this
363 code. Only the Initial Developer can modify the terms applicable
366 <P>2) The license can be modified and used for code which is not
367 already governed by this license. Modified versions of the license
368 must be renamed to avoid confusion with Netscape's license Initial
369 Developer's's license and must include a description of changes
370 from the Initial Developer's Public License.
372 <P>3) The name of the license in Exhibit A is the "Initial
373 Developer's Public License".
375 <P>4) The reference to an alternative license in Exhibit A has
378 <P>5) Amendments I, II, III, V, and VI have been deleted.
380 <P>6) Exhibit A, Netscape Public License has been deleted
382 <P>7. DISCLAIMER OF WARRANTY.
384 <P>COVERED CODE IS PROVIDED UNDER THIS LICENSE ON AN "AS IS''
385 BASIS, WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESSED OR IMPLIED,
386 INCLUDING, WITHOUT LIMITATION, WARRANTIES THAT THE COVERED CODE IS
387 FREE OF DEFECTS, MERCHANTABLE, FIT FOR A PARTICULAR PURPOSE OR
388 NON-INFRINGING. THE ENTIRE RISK AS TO THE QUALITY AND PERFORMANCE
389 OF THE COVERED CODE IS WITH YOU. SHOULD ANY COVERED CODE PROVE
390 DEFECTIVE IN ANY RESPECT, YOU (NOT THE INITIAL DEVELOPER OR ANY
391 OTHER CONTRIBUTOR) ASSUME THE COST OF ANY NECESSARY SERVICING,
392 REPAIR OR CORRECTION. THIS DISCLAIMER OF WARRANTY CONSTITUTES AN
393 ESSENTIAL PART OF THIS LICENSE. NO USE OF ANY COVERED CODE IS
394 AUTHORIZED HEREUNDER EXCEPT UNDER THIS DISCLAIMER.</P>
397 <P>8.1. This License and the rights granted hereunder will
398 terminate automatically if You fail to comply with terms herein
399 and fail to cure such breach within 30 days of becoming aware of
400 the breach. All sublicenses to the Covered Code which are properly
401 granted shall survive any termination of this License. Provisions
402 which, by their nature, must remain in effect beyond the
403 termination of this License shall survive.
405 <P>8.2. If You initiate litigation by asserting a patent
406 infringement claim (excluding declatory judgment actions) against
407 Initial Developer or a Contributor (the Initial Developer or
408 Contributor against whom You file such action is referred to as
409 "Participant") alleging that:
411 <P>(a) such Participant's Contributor Version directly or
412 indirectly infringes any patent, then any and all rights granted
413 by such Participant to You under Sections 2.1 and/or 2.2 of this
414 License shall, upon 60 days notice from Participant terminate
415 prospectively, unless if within 60 days after receipt of notice
418 <P>(i) agree in writing to pay Participant a mutually agreeable
419 reasonable royalty for Your past and future use of Modifications
420 made by such Participant, or</P>
421 <P>(ii) withdraw Your litigation claim with respect to the
422 Contributor Version against such Participant.
424 <P>If within 60 days of notice, a reasonable royalty and payment
425 arrangement are not mutually agreed upon in writing by the parties
426 or the litigation claim is not withdrawn, the rights granted by
427 Participant to You under Sections 2.1 and/or 2.2 automatically
428 terminate at the expiration of the 60 day notice period specified
430 <P>(b) any software, hardware, or device, other than such
431 Participant's Contributor Version, directly or indirectly
432 infringes any patent, then any rights granted to You by such
433 Participant under Sections 2.1(b) and 2.2(b) are revoked effective
434 as of the date You first made, used, sold, distributed, or had
435 made, Modifications made by that Participant.
437 <P>8.3. If You assert a patent infringement claim against
438 Participant alleging that such Participant's Contributor Version
439 directly or indirectly infringes any patent where such claim is
440 resolved (such as by license or settlement) prior to the
441 initiation of patent infringement litigation, then the reasonable
442 value of the licenses granted by such Participant under Sections
443 2.1 or 2.2 shall be taken into account in determining the amount
444 or value of any payment or license.
446 <P>8.4. In the event of termination under Sections 8.1 or 8.2
447 above, all end user license agreements (excluding distributors and
448 resellers) which have been validly granted by You or any
449 distributor hereunder prior to termination shall survive
452 <P>9. LIMITATION OF LIABILITY.</P>
453 <P>UNDER NO CIRCUMSTANCES AND UNDER NO LEGAL THEORY, WHETHER TORT
454 (INCLUDING NEGLIGENCE), CONTRACT, OR OTHERWISE, SHALL YOU, THE
455 INITIAL DEVELOPER, ANY OTHER CONTRIBUTOR, OR ANY DISTRIBUTOR OF
456 COVERED CODE, OR ANY SUPPLIER OF ANY OF SUCH PARTIES, BE LIABLE TO
457 ANY PERSON FOR ANY INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL
458 DAMAGES OF ANY CHARACTER INCLUDING, WITHOUT LIMITATION, DAMAGES
459 FOR LOSS OF GOODWILL, WORK STOPPAGE, COMPUTER FAILURE OR
460 MALFUNCTION, OR ANY AND ALL OTHER COMMERCIAL DAMAGES OR LOSSES,
461 EVEN IF SUCH PARTY SHALL HAVE BEEN INFORMED OF THE POSSIBILITY OF
462 SUCH DAMAGES. THIS LIMITATION OF LIABILITY SHALL NOT APPLY TO
463 LIABILITY FOR DEATH OR PERSONAL INJURY RESULTING FROM SUCH PARTY'S
464 NEGLIGENCE TO THE EXTENT APPLICABLE LAW PROHIBITS SUCH LIMITATION.
465 SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF
466 INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THIS EXCLUSION AND
467 LIMITATION MAY NOT APPLY TO YOU.
469 <P>10. U.S. GOVERNMENT END USERS.
471 <P>The Covered Code is a ''commercial item,'' as that term is
472 defined in 48 C.F.R. 2.101 (Oct. 1995), consisting of ''commercial
473 computer software'' and ''commercial computer software
474 documentation,'' as such terms are used in 48 C.F.R. 12.212 (Sept.
475 1995). Consistent with 48 C.F.R. 12.212 and 48 C.F.R. 227.7202-1
476 through 227.7202-4 (June 1995), all U.S. Government End Users
477 acquire Covered Code with only those rights set forth herein.
479 <P>11. MISCELLANEOUS.
481 <P>This License represents the complete agreement concerning
482 subject matter hereof. If any provision of this License is held to
483 be unenforceable, such provision shall be reformed only to the
484 extent necessary to make it enforceable. This License shall be
485 governed by California law provisions (except to the extent
486 applicable law, if any, provides otherwise), excluding its
487 conflict-of-law provisions. With respect to disputes in which at
488 least one party is a citizen of, or an entity chartered or
489 registered to do business in the United States of America, any
490 litigation relating to this License shall be subject to the
491 jurisdiction of the Federal Courts of the Northern District of
492 California, with venue lying in Santa Clara County, California,
493 with the losing party responsible for costs, including without
494 limitation, court costs and reasonable attorneys' fees and
495 expenses. The application of the United Nations Convention on
496 Contracts for the International Sale of Goods is expressly
497 excluded. Any law or regulation which provides that the language
498 of a contract shall be construed against the drafter shall not
499 apply to this License.
501 <P>12. RESPONSIBILITY FOR CLAIMS.
503 <P>As between Initial Developer and the Contributors, each party
504 is responsible for claims and damages arising, directly or
505 indirectly, out of its utilization of rights under this License
506 and You agree to work with Initial Developer and Contributors to
507 distribute such responsibility on an equitable basis. Nothing
508 herein is intended or shall be deemed to constitute any admission
511 <P>13. MULTIPLE-LICENSED CODE.
513 <P>Initial Developer may designate portions of the Covered Code as
514 "Multiple-Licensed". "Multiple-Licensed" means
515 that the Initial Devpoeloper permits you to utilize portions of
516 the Covered Code under Your choice of the IDPL or the alternative
517 licenses, if any, specified by the Initial Developer in the file
518 described in Exhibit A.
520 <P><B>EXHIBIT A</B> -Initial Developer's Public License.
522 <P>The contents of this file are subject to the Initial
523 Developer's Public License Version 1.0 (the "License");
524 you may not use this file except in compliance with the License.
525 You may obtain a copy of the License <A HREF="http://www.ibphoenix.com/main.nfs?a=ibphoenix&page=ibp_idpl">here.</A></P>
526 <P>Software distributed under the License is distributed on an "AS
527 IS" basis, WITHOUT WARRANTY OF ANY KIND, either express or
528 implied. See the License for the specific language governing
529 rights and limitations under the License.
531 <P>The Original Code is ______________________________________.
533 <P>The Initial Developer of the Original Code is
534 ________________________.
536 <P>Portions created by ______________________ <BR>are Copyright
537 (C) ______ _______________________.
539 <P>All Rights Reserved.
541 <P>Contributor(s): ______________________________________.