MPL Beta 1

Luis Villa lvilla at mozilla.com
Mon Dec 6 19:16:52 UTC 2010


Hello, all:

Today we've announced publication of Beta 1 of MPL 2, which is 
substantively the same as the working draft I circulated to this list a 
few days ago.

An HTML version is attached, and a plain text version is inline.

I will resurface to summarize and respond to the ongoing discussion on 
this list shortly.

Luis

Mozilla Public License Version 2.0, Beta Draft One
==================================================

Note: This license is a work in progress, and software should not
be released under it. For more information on this draft license,
including explanations of how it differs from MPL 1.1, please see
mpl.mozilla.org/participate/beta/.

1. Definitions.
---------------

1.1. "Contributor"
      means each individual or entity that creates, contributes to the
      creation of, or owns Covered Software.

1.2. "Contributor Version"
      means the combination of the Contributions of others (if any) used
      by a Contributor and that particular Contributor's Contribution.

1.3. "Contribution"
      means Covered Software created or owned by a particular
      Contributor.

1.4. "Covered Software"
      means Source Code to which the initial Contributor has attached the
      notice in Exhibit A, and Modifications of such Source Code, in each
      case including portions thereof.

1.5. "Executable"
      means the Covered Software in any form other than Source Code.

1.6. "Larger Work"
      means a work that combines Covered Software with code not governed
      by the terms of this License.

1.7. "License"
      means this document.

1.8. "Licensable"
      means having the right to grant, to the maximum extent possible,
      whether at the time of the initial grant or subsequently, any and
      all of the rights conveyed herein.

1.9. "Modifications"
      means the Source Code form of any of the following:

      (a) Any file that results from an addition to, deletion from, or
          modification of the contents of Covered Software.

      (b) Any new file that contains any Covered Software.


1.10. "Patent Claims" of a Contributor
      means any patent claim(s), including without limitation, method,
      process, and apparatus claims, in any patent Licensable by such
      Contributor which would be infringed, but for the grant of the
      License, by the making, using, selling, offering for sale, having
      made, import, or transfer of its Contributions or its Contributor
      Version.

1.11. "Source Code"
      means the form of the work preferred for making modifications.

1.12. "You" (or "Your")
      means an individual or a legal entity exercising rights under this
      License. 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. License Grants and Conditions.
---------------------------------

2.1. 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 such Contributor to use, reproduce, make
      available, modify, display, perform, distribute, and otherwise
      exploit its Contributions, either on an unmodified basis, with
      Modifications or as part of a Larger Work; and

(b) under Patent Claims of such Contributor to make, use, sell,
      offer for sale, have made, import, and otherwise transfer its
      Contributions and its Contributor Version.

(c) Notwithstanding Section 2.1(b) above, no patent license is
      granted by a Contributor: (1) for any code that You or a
      Contributor has deleted from Covered Software; (2) for
      infringements caused by: (i) Your and any other third party's
      modifications of Covered Software, or (ii) the combination of its
      Contributions with other software (except as part of its
      Contributor Version); or (3) under Patent Claims infringed by
      Covered Software in the absence of its Contributions.

(d) The licenses granted under 2.1(a) and 2.1(b) with respect to
      any Contribution become effective for each Contribution on the date
      the Contributor first distributes such Contribution to a third
      party.


2.2. Each Contributor represents that the Contributor believes its
Contributions are its original creation(s) or it has sufficient
rights to grant the rights to its Contributions conveyed by this
License.

2.3. The licenses granted in this Section are the only rights
granted under this License. No additional rights or licenses will
be implied from the distribution or licensing of Covered Software
under this License. No Contributor makes additional grants as a
result of Your choice to distribute the Covered Software under a
subsequent version of this License (see Section 9.2) or under the
terms of a Secondary License (if permitted under the terms of
Section 10). This License does not grant any rights in the
trademarks, service marks, or logos of any Contributor (except as
may be necessary to comply with the notice requirements in Section
3.3). This License is not intended to limit any rights You have
under applicable copyright doctrines of fair use, fair dealing, or
other equivalents.

2.4. Sections 3.1, 3.2, 3.3, and 3.4 are conditions of the licenses
granted in Section 2.1.

3. Responsibilities.
--------------------

3.1. Distribution of Source Form.

All distribution of Covered Software in Source Code form, including
any Modifications that You create or to which You contribute, must
be under the terms of this License. You must inform recipients that
the Covered Software is governed by the terms of this License, and
how they can obtain a copy of this License. You may not attempt to
alter or restrict the recipients' rights in the Source Code form.

3.2. Distribution of Executable Form.

If You distribute Covered Software in Executable form then:

(a) such Covered Software must also be made available in Source
      Code form, as described in Section 3.1, and You must inform
      third-party recipients of the Executable form how they can obtain a
      copy of such Source Code form by reasonable means, at no more than
      a nominal charge;

(b) You may distribute such Executable form under the terms of this
      License, or sublicense it under different terms, provided that the
      license for the Executable form does not attempt to limit or alter
      the recipients' rights in the Source Code form under this License;

(c) You may create and distribute a Larger Work, provided that You
      make sure the requirements of this License are fulfilled for the
      Covered Software.


3.3. Notices.

You may not remove or alter any copyright, patent, disclaimers of
warranty, limitations of liability, or other license notices
contained within the Source Code form of the Covered Software,
except to the extent required to remedy known factual
inaccuracies.

3.4. Application of Additional Terms.

You may choose to offer, and to charge a fee for, warranty,
support, indemnity or liability obligations to one or more
recipients of Covered Software. However, You may do so only on Your
own behalf, and not on behalf of any Contributor. You must make it
absolutely clear that any such warranty, support, indemnity, or
liability obligation is offered by You alone, and You hereby agree
to indemnify every Contributor for any liability incurred by such
Contributor as a result of warranty, support, indemnity or
liability terms You offer. You may include additional disclaimers
of warranty and limitations of liability specific to any
jurisdiction.

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 Software 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 placed in a text file included with all
distributions of the Covered Software under this License. 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. Termination.
---------------

5.1. The rights granted hereunder will terminate automatically if
You fail to comply with any terms herein. However, if You come back
into compliance, then the rights granted hereunder from a
particular Contributor are reinstated (a) provisionally, unless and
until such Contributor explicitly and finally terminates Your
grants, and (b) on an ongoing basis, if such Contributor fails to
notify You of the non-compliance by some reasonable means prior to
60 days after You have come back into compliance. Moreover, Your
grants from a particular Contributor are reinstated on an ongoing
basis if such Contributor notifies You of the non-compliance by
some reasonable means, this is the first time You have received
notice of non-compliance with this License from such Contributor,
and You become compliant prior to 30 days after Your receipt of the
notice.

5.2. If You initiate litigation against any entity by asserting a
patent infringement claim (excluding declaratory judgment actions,
counter-claims, and cross-claims) alleging that a Contributor
Version directly or indirectly infringes any patent, then any and
all rights granted to You under Section 2.1 of this License by any
and all Contributors shall terminate.

5.3. In the event of termination under Sections 5.1 or 5.2 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.

6. Disclaimer of Warranty.
--------------------------

COVERED SOFTWARE IS PROVIDED UNDER THIS LICENSE ON AN "AS IS"
BASIS, WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESSED, IMPLIED, OR
STATUTORY, INCLUDING, WITHOUT LIMITATION, WARRANTIES THAT THE
COVERED SOFTWARE 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 SOFTWARE IS WITH YOU. SHOULD
ANY COVERED SOFTWARE PROVE DEFECTIVE IN ANY RESPECT, YOU (NOT ANY
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 SOFTWARE IS AUTHORIZED
HEREUNDER EXCEPT UNDER THIS DISCLAIMER.

7. Limitation of Liability.
---------------------------

UNDER NO CIRCUMSTANCES AND UNDER NO LEGAL THEORY, WHETHER TORT
(INCLUDING NEGLIGENCE), CONTRACT, OR OTHERWISE, SHALL YOU, ANY
CONTRIBUTOR, OR ANY DISTRIBUTOR OF COVERED SOFTWARE, OR ANY
SUPPLIER OF ANY OF SUCH PARTIES, BE LIABLE TO ANY PERSON FOR ANY
DIRECT, INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES OF
ANY CHARACTER INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOST
PROFITS, 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.

8. Miscellaneous.
-----------------

This License represents the complete agreement concerning the
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. Any litigation relating to
this License may be brought only in the courts of a jurisdiction
wherein the defendant maintains its principal place of business and
such litigation shall be governed by laws of that jurisdiction,
without reference to its conflict-of-law provisions. Nothing in
this Section shall prevent a party's ability to bring cross-claims
or counter-claims. The losing party will be responsible for costs,
including without limitation, court costs and reasonable attorneys'
fees and expenses. Any law or regulation which provides that the
language of a contract shall be construed against the drafter shall
not apply to this License.

9. Versions of the License.
---------------------------

9.1. New Versions.

Mozilla Foundation is the license steward. Except as provided in
Section 9.3, no one other than the license steward has the right to
modify or publish new versions of this License. Each version will
be given a distinguishing version number.

9.2. Effect of New Versions.

You may distribute the Covered Software under the terms of the
version of the License under which You originally received the
Covered Software, or under the terms of any subsequent version
published by the license steward.

9.3. Modified Versions.

If you create software not governed by this License, and you want
to create a new license for such software, you may create and use a
modified version of this License if you rename the license and
remove any references to the name of the license steward (except to
note that such modified license differs from this License).

10. Compatibility with Secondary Licenses.
------------------------------------------

10.1. "Secondary License" means either the GNU General Public
License, Version 2.0 or later, the GNU Lesser General Public
License, Version 2.1 or later, or the GNU Affero General Public
License, Version 3.0 or later.

10.2. You may designate Covered Software as "Compatible Software,"
by adding the second notice described in Exhibit A to such Covered
Software, if:

(a) You are the initial Contributor; or

(b) You otherwise have the right to distribute the Covered Software
      under the terms of one or more of the Secondary Licenses.


10.3. If You create a Larger Work by combining Compatible Software
with a work governed by a Secondary License, You may additionally
distribute the Larger Work under the terms of the Secondary
License, so long as You also distribute the Compatible Software
under the terms of this License, including meeting the requirements
of Section 3.1.

EXHIBIT A- Source Code License Notice.
--------------------------------------

    This Source Code is subject to the terms of the Mozilla Public
    License version 2.0 (the "License"). You can obtain a copy of the
    License at http://mozilla.org/MPL/2.0/.

If it is not possible or desirable to put the notice in a
particular file, then You may include the notice in a location
(such as a LICENSE file in a relevant directory) where a recipient
would be likely to look for such a notice.

You may add additional accurate notices of copyright ownership.

If You are permitted by Section 10.2 to designate Covered Software
as Compatible Software, You may add the following text to the
notice:

    Pursuant to Section 10 of the License, this Source Code may be
    distributed as part of a Larger Work licensed under a Secondary
    License.


-- 
Luis Villa, Mozilla Legal
work email:lvilla at mozilla.com  (preferred)
work phone: 650-903-0800 x327
personal:http://tieguy.org/about/






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