xref: /openbmc/linux/LICENSES/dual/MPL-1.1 (revision d9fd5a71)
1Valid-License-Identifier: MPL-1.1
2SPDX-URL: https://spdx.org/licenses/MPL-1.1.html
3Usage-Guide:
4  Do NOT use. The MPL-1.1 is not GPL2 compatible. It may only be used for
5  dual-licensed files where the other license is GPL2 compatible.
6  If you end up using this it MUST be used together with a GPL2 compatible
7  license using "OR".
8  To use the Mozilla Public License version 1.1 put the following SPDX
9  tag/value pair into a comment according to the placement guidelines in
10  the licensing rules documentation:
11    SPDX-License-Identifier: MPL-1.1
12License-Text:
13
14                          MOZILLA PUBLIC LICENSE
15                                Version 1.1
16
17                              ---------------
18
191. Definitions.
20
21     1.0.1. "Commercial Use" means distribution or otherwise making the
22     Covered Code available to a third party.
23
24     1.1. "Contributor" means each entity that creates or contributes to
25     the creation of Modifications.
26
27     1.2. "Contributor Version" means the combination of the Original
28     Code, prior Modifications used by a Contributor, and the Modifications
29     made by that particular Contributor.
30
31     1.3. "Covered Code" means the Original Code or Modifications or the
32     combination of the Original Code and Modifications, in each case
33     including portions thereof.
34
35     1.4. "Electronic Distribution Mechanism" means a mechanism generally
36     accepted in the software development community for the electronic
37     transfer of data.
38
39     1.5. "Executable" means Covered Code in any form other than Source
40     Code.
41
42     1.6. "Initial Developer" means the individual or entity identified
43     as the Initial Developer in the Source Code notice required by Exhibit
44     A.
45
46     1.7. "Larger Work" means a work which combines Covered Code or
47     portions thereof with code not governed by the terms of this License.
48
49     1.8. "License" means this document.
50
51     1.8.1. "Licensable" means having the right to grant, to the maximum
52     extent possible, whether at the time of the initial grant or
53     subsequently acquired, any and all of the rights conveyed herein.
54
55     1.9. "Modifications" means any addition to or deletion from the
56     substance or structure of either the Original Code or any previous
57     Modifications. When Covered Code is released as a series of files, a
58     Modification is:
59          A. Any addition to or deletion from the contents of a file
60          containing Original Code or previous Modifications.
61
62          B. Any new file that contains any part of the Original Code or
63          previous Modifications.
64
65     1.10. "Original Code" means Source Code of computer software code
66     which is described in the Source Code notice required by Exhibit A as
67     Original Code, and which, at the time of its release under this
68     License is not already Covered Code governed by this License.
69
70     1.10.1. "Patent Claims" means any patent claim(s), now owned or
71     hereafter acquired, including without limitation,  method, process,
72     and apparatus claims, in any patent Licensable by grantor.
73
74     1.11. "Source Code" means the preferred form of the Covered Code for
75     making modifications to it, including all modules it contains, plus
76     any associated interface definition files, scripts used to control
77     compilation and installation of an Executable, or source code
78     differential comparisons against either the Original Code or another
79     well known, available Covered Code of the Contributor's choice. The
80     Source Code can be in a compressed or archival form, provided the
81     appropriate decompression or de-archiving software is widely available
82     for no charge.
83
84     1.12. "You" (or "Your")  means an individual or a legal entity
85     exercising rights under, and complying with all of the terms of, this
86     License or a future version of this License issued under Section 6.1.
87     For legal entities, "You" includes any entity which controls, is
88     controlled by, or is under common control with You. For purposes of
89     this definition, "control" means (a) the power, direct or indirect,
90     to cause the direction or management of such entity, whether by
91     contract or otherwise, or (b) ownership of more than fifty percent
92     (50%) of the outstanding shares or beneficial ownership of such
93     entity.
94
952. Source Code License.
96
97     2.1. The Initial Developer Grant.
98     The Initial Developer hereby grants You a world-wide, royalty-free,
99     non-exclusive license, subject to third party intellectual property
100     claims:
101          (a)  under intellectual property rights (other than patent or
102          trademark) Licensable by Initial Developer to use, reproduce,
103          modify, display, perform, sublicense and distribute the Original
104          Code (or portions thereof) with or without Modifications, and/or
105          as part of a Larger Work; and
106
107          (b) under Patents Claims infringed by the making, using or
108          selling of Original Code, to make, have made, use, practice,
109          sell, and offer for sale, and/or otherwise dispose of the
110          Original Code (or portions thereof).
111
112          (c) the licenses granted in this Section 2.1(a) and (b) are
113          effective on the date Initial Developer first distributes
114          Original Code under the terms of this License.
115
116          (d) Notwithstanding Section 2.1(b) above, no patent license is
117          granted: 1) for code that You delete from the Original Code; 2)
118          separate from the Original Code;  or 3) for infringements caused
119          by: i) the modification of the Original Code or ii) the
120          combination of the Original Code with other software or devices.
121
122     2.2. Contributor Grant.
123     Subject to third party intellectual property claims, each Contributor
124     hereby grants You a world-wide, royalty-free, non-exclusive license
125
126          (a)  under intellectual property rights (other than patent or
127          trademark) Licensable by Contributor, to use, reproduce, modify,
128          display, perform, sublicense and distribute the Modifications
129          created by such Contributor (or portions thereof) either on an
130          unmodified basis, with other Modifications, as Covered Code
131          and/or as part of a Larger Work; and
132
133          (b) under Patent Claims infringed by the making, using, or
134          selling of  Modifications made by that Contributor either alone
135          and/or in combination with its Contributor Version (or portions
136          of such combination), to make, use, sell, offer for sale, have
137          made, and/or otherwise dispose of: 1) Modifications made by that
138          Contributor (or portions thereof); and 2) the combination of
139          Modifications made by that Contributor with its Contributor
140          Version (or portions of such combination).
141
142          (c) the licenses granted in Sections 2.2(a) and 2.2(b) are
143          effective on the date Contributor first makes Commercial Use of
144          the Covered Code.
145
146          (d)    Notwithstanding Section 2.2(b) above, no patent license is
147          granted: 1) for any code that Contributor has deleted from the
148          Contributor Version; 2)  separate from the Contributor Version;
149          3)  for infringements caused by: i) third party modifications of
150          Contributor Version or ii)  the combination of Modifications made
151          by that Contributor with other software  (except as part of the
152          Contributor Version) or other devices; or 4) under Patent Claims
153          infringed by Covered Code in the absence of Modifications made by
154          that Contributor.
155
1563. Distribution Obligations.
157
158     3.1. Application of License.
159     The Modifications which You create or to which You contribute are
160     governed by the terms of this License, including without limitation
161     Section 2.2. The Source Code version of Covered Code may be
162     distributed only under the terms of this License or a future version
163     of this License released under Section 6.1, and You must include a
164     copy of this License with every copy of the Source Code You
165     distribute. You may not offer or impose any terms on any Source Code
166     version that alters or restricts the applicable version of this
167     License or the recipients' rights hereunder. However, You may include
168     an additional document offering the additional rights described in
169     Section 3.5.
170
171     3.2. Availability of Source Code.
172     Any Modification which You create or to which You contribute must be
173     made available in Source Code form under the terms of this License
174     either on the same media as an Executable version or via an accepted
175     Electronic Distribution Mechanism to anyone to whom you made an
176     Executable version available; and if made available via Electronic
177     Distribution Mechanism, must remain available for at least twelve (12)
178     months after the date it initially became available, or at least six
179     (6) months after a subsequent version of that particular Modification
180     has been made available to such recipients. You are responsible for
181     ensuring that the Source Code version remains available even if the
182     Electronic Distribution Mechanism is maintained by a third party.
183
184     3.3. Description of Modifications.
185     You must cause all Covered Code to which You contribute to contain a
186     file documenting the changes You made to create that Covered Code and
187     the date of any change. You must include a prominent statement that
188     the Modification is derived, directly or indirectly, from Original
189     Code provided by the Initial Developer and including the name of the
190     Initial Developer in (a) the Source Code, and (b) in any notice in an
191     Executable version or related documentation in which You describe the
192     origin or ownership of the Covered Code.
193
194     3.4. Intellectual Property Matters
195          (a) Third Party Claims.
196          If Contributor has knowledge that a license under a third party's
197          intellectual property rights is required to exercise the rights
198          granted by such Contributor under Sections 2.1 or 2.2,
199          Contributor must include a text file with the Source Code
200          distribution titled "LEGAL" which describes the claim and the
201          party making the claim in sufficient detail that a recipient will
202          know whom to contact. If Contributor obtains such knowledge after
203          the Modification is made available as described in Section 3.2,
204          Contributor shall promptly modify the LEGAL file in all copies
205          Contributor makes available thereafter and shall take other steps
206          (such as notifying appropriate mailing lists or newsgroups)
207          reasonably calculated to inform those who received the Covered
208          Code that new knowledge has been obtained.
209
210          (b) Contributor APIs.
211          If Contributor's Modifications include an application programming
212          interface and Contributor has knowledge of patent licenses which
213          are reasonably necessary to implement that API, Contributor must
214          also include this information in the LEGAL file.
215
216               (c)    Representations.
217          Contributor represents that, except as disclosed pursuant to
218          Section 3.4(a) above, Contributor believes that Contributor's
219          Modifications are Contributor's original creation(s) and/or
220          Contributor has sufficient rights to grant the rights conveyed by
221          this License.
222
223     3.5. Required Notices.
224     You must duplicate the notice in Exhibit A in each file of the Source
225     Code.  If it is not possible to put such notice in a particular Source
226     Code file due to its structure, then You must include such notice in a
227     location (such as a relevant directory) where a user would be likely
228     to look for such a notice.  If You created one or more Modification(s)
229     You may add your name as a Contributor to the notice described in
230     Exhibit A.  You must also duplicate this License in any documentation
231     for the Source Code where You describe recipients' rights or ownership
232     rights relating to Covered Code.  You may choose to offer, and to
233     charge a fee for, warranty, support, indemnity or liability
234     obligations to one or more recipients of Covered Code. However, You
235     may do so only on Your own behalf, and not on behalf of the Initial
236     Developer or any Contributor. You must make it absolutely clear than
237     any such warranty, support, indemnity or liability obligation is
238     offered by You alone, and You hereby agree to indemnify the Initial
239     Developer and every Contributor for any liability incurred by the
240     Initial Developer or such Contributor as a result of warranty,
241     support, indemnity or liability terms You offer.
242
243     3.6. Distribution of Executable Versions.
244     You may distribute Covered Code in Executable form only if the
245     requirements of Section 3.1-3.5 have been met for that Covered Code,
246     and if You include a notice stating that the Source Code version of
247     the Covered Code is available under the terms of this License,
248     including a description of how and where You have fulfilled the
249     obligations of Section 3.2. The notice must be conspicuously included
250     in any notice in an Executable version, related documentation or
251     collateral in which You describe recipients' rights relating to the
252     Covered Code. You may distribute the Executable version of Covered
253     Code or ownership rights under a license of Your choice, which may
254     contain terms different from this License, provided that You are in
255     compliance with the terms of this License and that the license for the
256     Executable version does not attempt to limit or alter the recipient's
257     rights in the Source Code version from the rights set forth in this
258     License. If You distribute the Executable version under a different
259     license You must make it absolutely clear that any terms which differ
260     from this License are offered by You alone, not by the Initial
261     Developer or any Contributor. You hereby agree to indemnify the
262     Initial Developer and every Contributor for any liability incurred by
263     the Initial Developer or such Contributor as a result of any such
264     terms You offer.
265
266     3.7. Larger Works.
267     You may create a Larger Work by combining Covered Code with other code
268     not governed by the terms of this License and distribute the Larger
269     Work as a single product. In such a case, You must make sure the
270     requirements of this License are fulfilled for the Covered Code.
271
2724. Inability to Comply Due to Statute or Regulation.
273
274     If it is impossible for You to comply with any of the terms of this
275     License with respect to some or all of the Covered Code due to
276     statute, judicial order, or regulation then You must: (a) comply with
277     the terms of this License to the maximum extent possible; and (b)
278     describe the limitations and the code they affect. Such description
279     must be included in the LEGAL file described in Section 3.4 and must
280     be included with all distributions of the Source Code. Except to the
281     extent prohibited by statute or regulation, such description must be
282     sufficiently detailed for a recipient of ordinary skill to be able to
283     understand it.
284
2855. Application of this License.
286
287     This License applies to code to which the Initial Developer has
288     attached the notice in Exhibit A and to related Covered Code.
289
2906. Versions of the License.
291
292     6.1. New Versions.
293     Netscape Communications Corporation ("Netscape") may publish revised
294     and/or new versions of the License from time to time. Each version
295     will be given a distinguishing version number.
296
297     6.2. Effect of New Versions.
298     Once Covered Code has been published under a particular version of the
299     License, You may always continue to use it under the terms of that
300     version. You may also choose to use such Covered Code under the terms
301     of any subsequent version of the License published by Netscape. No one
302     other than Netscape has the right to modify the terms applicable to
303     Covered Code created under this License.
304
305     6.3. Derivative Works.
306     If You create or use a modified version of this License (which you may
307     only do in order to apply it to code which is not already Covered Code
308     governed by this License), You must (a) rename Your license so that
309     the phrases "Mozilla", "MOZILLAPL", "MOZPL", "Netscape",
310     "MPL", "NPL" or any confusingly similar phrase do not appear in your
311     license (except to note that your license differs from this License)
312     and (b) otherwise make it clear that Your version of the license
313     contains terms which differ from the Mozilla Public License and
314     Netscape Public License. (Filling in the name of the Initial
315     Developer, Original Code or Contributor in the notice described in
316     Exhibit A shall not of themselves be deemed to be modifications of
317     this License.)
318
3197. DISCLAIMER OF WARRANTY.
320
321     COVERED CODE IS PROVIDED UNDER THIS LICENSE ON AN "AS IS" BASIS,
322     WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING,
323     WITHOUT LIMITATION, WARRANTIES THAT THE COVERED CODE IS FREE OF
324     DEFECTS, MERCHANTABLE, FIT FOR A PARTICULAR PURPOSE OR NON-INFRINGING.
325     THE ENTIRE RISK AS TO THE QUALITY AND PERFORMANCE OF THE COVERED CODE
326     IS WITH YOU. SHOULD ANY COVERED CODE PROVE DEFECTIVE IN ANY RESPECT,
327     YOU (NOT THE INITIAL DEVELOPER OR ANY OTHER CONTRIBUTOR) ASSUME THE
328     COST OF ANY NECESSARY SERVICING, REPAIR OR CORRECTION. THIS DISCLAIMER
329     OF WARRANTY CONSTITUTES AN ESSENTIAL PART OF THIS LICENSE. NO USE OF
330     ANY COVERED CODE IS AUTHORIZED HEREUNDER EXCEPT UNDER THIS DISCLAIMER.
331
3328. TERMINATION.
333
334     8.1.  This License and the rights granted hereunder will terminate
335     automatically if You fail to comply with terms herein and fail to cure
336     such breach within 30 days of becoming aware of the breach. All
337     sublicenses to the Covered Code which are properly granted shall
338     survive any termination of this License. Provisions which, by their
339     nature, must remain in effect beyond the termination of this License
340     shall survive.
341
342     8.2.  If You initiate litigation by asserting a patent infringement
343     claim (excluding declatory judgment actions) against Initial Developer
344     or a Contributor (the Initial Developer or Contributor against whom
345     You file such action is referred to as "Participant")  alleging that:
346
347     (a)  such Participant's Contributor Version directly or indirectly
348     infringes any patent, then any and all rights granted by such
349     Participant to You under Sections 2.1 and/or 2.2 of this License
350     shall, upon 60 days notice from Participant terminate prospectively,
351     unless if within 60 days after receipt of notice You either: (i)
352     agree in writing to pay Participant a mutually agreeable reasonable
353     royalty for Your past and future use of Modifications made by such
354     Participant, or (ii) withdraw Your litigation claim with respect to
355     the Contributor Version against such Participant.  If within 60 days
356     of notice, a reasonable royalty and payment arrangement are not
357     mutually agreed upon in writing by the parties or the litigation claim
358     is not withdrawn, the rights granted by Participant to You under
359     Sections 2.1 and/or 2.2 automatically terminate at the expiration of
360     the 60 day notice period specified above.
361
362     (b)  any software, hardware, or device, other than such Participant's
363     Contributor Version, directly or indirectly infringes any patent, then
364     any rights granted to You by such Participant under Sections 2.1(b)
365     and 2.2(b) are revoked effective as of the date You first made, used,
366     sold, distributed, or had made, Modifications made by that
367     Participant.
368
369     8.3.  If You assert a patent infringement claim against Participant
370     alleging that such Participant's Contributor Version directly or
371     indirectly infringes any patent where such claim is resolved (such as
372     by license or settlement) prior to the initiation of patent
373     infringement litigation, then the reasonable value of the licenses
374     granted by such Participant under Sections 2.1 or 2.2 shall be taken
375     into account in determining the amount or value of any payment or
376     license.
377
378     8.4.  In the event of termination under Sections 8.1 or 8.2 above,
379     all end user license agreements (excluding distributors and resellers)
380     which have been validly granted by You or any distributor hereunder
381     prior to termination shall survive termination.
382
3839. LIMITATION OF LIABILITY.
384
385     UNDER NO CIRCUMSTANCES AND UNDER NO LEGAL THEORY, WHETHER TORT
386     (INCLUDING NEGLIGENCE), CONTRACT, OR OTHERWISE, SHALL YOU, THE INITIAL
387     DEVELOPER, ANY OTHER CONTRIBUTOR, OR ANY DISTRIBUTOR OF COVERED CODE,
388     OR ANY SUPPLIER OF ANY OF SUCH PARTIES, BE LIABLE TO ANY PERSON FOR
389     ANY INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES OF ANY
390     CHARACTER INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF GOODWILL,
391     WORK STOPPAGE, COMPUTER FAILURE OR MALFUNCTION, OR ANY AND ALL OTHER
392     COMMERCIAL DAMAGES OR LOSSES, EVEN IF SUCH PARTY SHALL HAVE BEEN
393     INFORMED OF THE POSSIBILITY OF SUCH DAMAGES. THIS LIMITATION OF
394     LIABILITY SHALL NOT APPLY TO LIABILITY FOR DEATH OR PERSONAL INJURY
395     RESULTING FROM SUCH PARTY'S NEGLIGENCE TO THE EXTENT APPLICABLE LAW
396     PROHIBITS SUCH LIMITATION. SOME JURISDICTIONS DO NOT ALLOW THE
397     EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO
398     THIS EXCLUSION AND LIMITATION MAY NOT APPLY TO YOU.
399
40010. U.S. GOVERNMENT END USERS.
401
402     The Covered Code is a "commercial item," as that term is defined in
403     48 C.F.R. 2.101 (Oct. 1995), consisting of "commercial computer
404     software" and "commercial computer software documentation," as such
405     terms are used in 48 C.F.R. 12.212 (Sept. 1995). Consistent with 48
406     C.F.R. 12.212 and 48 C.F.R. 227.7202-1 through 227.7202-4 (June 1995),
407     all U.S. Government End Users acquire Covered Code with only those
408     rights set forth herein.
409
41011. MISCELLANEOUS.
411
412     This License represents the complete agreement concerning subject
413     matter hereof. If any provision of this License is held to be
414     unenforceable, such provision shall be reformed only to the extent
415     necessary to make it enforceable. This License shall be governed by
416     California law provisions (except to the extent applicable law, if
417     any, provides otherwise), excluding its conflict-of-law provisions.
418     With respect to disputes in which at least one party is a citizen of,
419     or an entity chartered or registered to do business in the United
420     States of America, any litigation relating to this License shall be
421     subject to the jurisdiction of the Federal Courts of the Northern
422     District of California, with venue lying in Santa Clara County,
423     California, with the losing party responsible for costs, including
424     without limitation, court costs and reasonable attorneys' fees and
425     expenses. The application of the United Nations Convention on
426     Contracts for the International Sale of Goods is expressly excluded.
427     Any law or regulation which provides that the language of a contract
428     shall be construed against the drafter shall not apply to this
429     License.
430
43112. RESPONSIBILITY FOR CLAIMS.
432
433     As between Initial Developer and the Contributors, each party is
434     responsible for claims and damages arising, directly or indirectly,
435     out of its utilization of rights under this License and You agree to
436     work with Initial Developer and Contributors to distribute such
437     responsibility on an equitable basis. Nothing herein is intended or
438     shall be deemed to constitute any admission of liability.
439
44013. MULTIPLE-LICENSED CODE.
441
442     Initial Developer may designate portions of the Covered Code as
443     "Multiple-Licensed".  "Multiple-Licensed" means that the Initial
444     Developer permits you to utilize portions of the Covered Code under
445     Your choice of the MPL or the alternative licenses, if any, specified
446     by the Initial Developer in the file described in Exhibit A.
447
448EXHIBIT A -Mozilla Public License.
449
450     ``The contents of this file are subject to the Mozilla Public License
451     Version 1.1 (the "License"); you may not use this file except in
452     compliance with the License. You may obtain a copy of the License at
453     https://www.mozilla.org/MPL/
454
455     Software distributed under the License is distributed on an "AS IS"
456     basis, WITHOUT WARRANTY OF ANY KIND, either express or implied. See the
457     License for the specific language governing rights and limitations
458     under the License.
459
460     The Original Code is ______________________________________.
461
462     The Initial Developer of the Original Code is ________________________.
463     Portions created by ______________________ are Copyright (C) ______
464     _______________________. All Rights Reserved.
465
466     Contributor(s): ______________________________________.
467
468     Alternatively, the contents of this file may be used under the terms
469     of the _____ license (the  "[___] License"), in which case the
470     provisions of [______] License are applicable instead of those
471     above.  If you wish to allow use of your version of this file only
472     under the terms of the [____] License and not to allow others to use
473     your version of this file under the MPL, indicate your decision by
474     deleting  the provisions above and replace  them with the notice and
475     other provisions required by the [___] License.  If you do not delete
476     the provisions above, a recipient may use your version of this file
477     under either the MPL or the [___] License."
478
479     [NOTE: The text of this Exhibit A may differ slightly from the text of
480     the notices in the Source Code files of the Original Code. You should
481     use the text of this Exhibit A rather than the text found in the
482     Original Code Source Code for Your Modifications.]
483