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.
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.
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.
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.
This License applies to code to which the Initial
Developer has attached the notice in Exhibit A and to
related Covered Code.
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.
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.
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.)
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.
(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
109
