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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, 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 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", "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 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
8.1. 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.
8.2. 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:
a. 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.
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.
8.3. 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.
8.4. 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.
9. limitation oF liaBilitY
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.
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