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This notice is included in the distribution of XML Calabash because
the XML Calabash distribution includes a copy of saxon9he.jar.
Source code, documentation, and further resources are available from
http://saxonica.com/
MOZILLA PUBLIC LICENSE
Version 1.0
--------------
1. Definitions.
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.
1.9. ``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.
1.11. ``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 a list of 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'' 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 fifty percent (50%) or more 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) to use, reproduce, modify, display, perform, sublicense and
distribute the Original Code (or portions thereof) with or without
Modifications, or as part of a Larger Work; and
(b) under patents now or hereafter owned or controlled by Initial
Developer, to make, have made, use and sell (``Utilize'') the
Original Code (or portions thereof), but solely to the extent that
any such patent is reasonably necessary to enable You to Utilize the
Original Code (or portions thereof) and not to any greater extent
that may be necessary to Utilize further Modifications or
combinations.
2.2. Contributor Grant.
Each Contributor hereby grants You a world-wide, royalty-free,
non-exclusive license, subject to third party intellectual property
claims:
(a) 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 or as part of a Larger Work; and
(b) under patents now or hereafter owned or controlled by
Contributor, to Utilize the Contributor Version (or portions
thereof), but solely to the extent that any such patent is reasonably
necessary to enable You to Utilize the Contributor Version (or
portions thereof), and not to any greater extent that may be
necessary to Utilize further Modifications or combinations.
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 You have knowledge that a party claims an intellectual property
right in particular functionality or code (or its utilization under
this License), you 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 you obtain such knowledge after You make Your
Modification available as described in Section 3.2, You shall
promptly modify the LEGAL file in all copies You make 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 Your Modification is an application programming interface and You
own or control patents which are reasonably necessary to implement
that API, you must also include this information in the LEGAL file.
3.5. Required Notices.
You must duplicate the notice in Exhibit A in each file of the Source
Code, and this License in any documentation for the Source Code, where
You describe recipients' rights relating to Covered Code. If You created
one or more Modification(s), You may add your name as a Contributor to
the notice described in Exhibit A. 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
file) where a user would be likely to look for such a notice. 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 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
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'', ``NPL'' or
any confusingly similar phrase do not appear anywhere in your 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.
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.
9. LIMITATION OF LIABILITY.
UNDER NO CIRCUMSTANCES AND UNDER NO LEGAL THEORY, WHETHER TORT
(INCLUDING NEGLIGENCE), CONTRACT, OR OTHERWISE, SHALL THE INITIAL
DEVELOPER, ANY OTHER CONTRIBUTOR, OR ANY DISTRIBUTOR OF COVERED CODE, OR
ANY SUPPLIER OF ANY OF SUCH PARTIES, BE LIABLE TO YOU OR ANY OTHER
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 THAT 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: (a) unless
otherwise agreed in writing, all disputes relating to this License
(excepting any dispute relating to intellectual property rights) shall
be subject to final and binding arbitration, with the losing party
paying all costs of arbitration; (b) any arbitration relating to this
Agreement shall be held in Santa Clara County, California, under the
auspices of JAMS/EndDispute; and (c) any litigation relating to this
Agreement 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.
Except in cases where another Contributor has failed to comply with
Section 3.4, You are responsible for damages arising, directly or
indirectly, out of Your utilization of rights under this License, based
on the number of copies of Covered Code you made available, the revenues
you received from utilizing such rights, and other relevant factors. You
agree to work with affected parties to distribute responsibility on an
equitable basis.
EXHIBIT A.
``The contents of this file are subject to the Mozilla Public License
Version 1.0 (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): ______________________________________.''
