phorge-phorge/externals/vegas/LICENSE

Mozilla Public License 1.1 (MPL 1.1)

1. Definitions. 

    1.0.1. "Commercial Use" means distribution or
    otherwise making the Covered Code available to a third
    party.

    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 by Exhibit 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. 

    1.8.1. "Licensable" 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. 

    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 by Exhibit A as Original Code, and
    which, at the time of its release under this License
    is not already Covered Code governed by this License. 

    1.10.1. "Patent Claims" means any patent claim(s), now
    owned or hereafter acquired, including without
    limitation,  method, process, and apparatus claims, in
    any patent Licensable by grantor. 

    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 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'' (or "Your")  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.


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)  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
        
        (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). 
        
        (c) 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.
        
        (d) 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. 
 
    2.2. Contributor Grant. 
    Subject to third party intellectual property claims,
    each Contributor hereby grants You a world-wide,
    royalty-free, non-exclusive license 
  
        (a)  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
        
        (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). 
        
        (c) 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. 
        
        (d)    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.


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 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.
        
        (b) Contributor APIs. 
        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. 
        
        (c) Representations. 
        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.

    3.5. Required Notices. 
    You must duplicate the notice in Exhibit A 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
    Exhibit A.  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. 

    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 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. 

    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.


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, 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.


12. RESPONSIBILITY FOR CLAIMS. 

    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.


13. MULTIPLE-LICENSED CODE. 

    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 NPL or the alternative licenses, if any,
    specified by the Initial Developer in the file
    described in Exhibit A.



EXHIBIT A - Mozilla Public License. 

  The contents of this file are 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/ 

  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.

  [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.]