54ご注意と参考 資料3. Distri bution O bligations.3.1. Application of License .The Modi fications which You create or to which You contribute are governed b y theterms of this License, including without limitation Section 2.2. The Source Code version of Covered Code ma y be distributed onl y under the terms o f this License or a future version of this License released under Section 6.1, and You must include a copy o f this License with every copy of the Source Code You distribute. You may not o ffer or impose any terms on any Source Code version that alters or restricts the applicable version of this License or t he recipients' rig hts hereun der. However, You may inc lude an a dditiona l document offering the additional rights described in Section 3.5 .3.2. Availability o f Source Code.Any Modification which You create or to which You contribute must be made available in Source Code form under the terms o f this License either on the same media as an Executable version or via an accepte d Electronic Distri bution Mec hanism 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 a fter the date it initially became available, or at least six (6) months after a subsequent version of that particular Modi fication has been made available to such recipients. You are responsible for ensuring that the Source Code version remains available even i f the Electronic Distri bution Mec hanism is maintaine d by a t hird party .3.3. Description o f Modi fications.You must cause all Covered Code to which You contribute to contain a file documentingthe 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 o r 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 Co de.3.4. Inte llectua l Property Matter s(a) T hird Party C laims .If Contributor has knowledge that a license under a third party's intellectual propert y rights is require d to exercise t he rig hts grante d by suc h Contri butor un der Sections2.1 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 detailthat a recipient will know whom to contact. If Contributor obtains such knowledge after the Modi fication is made available as described in Section 3.2 , Contributor shall promptly modify the LEGAL file in all copies Contributor makes available therea fte r and shall take other steps (such as notifying appropriate mailing lists or newsgroups)reasonably calculated to inform those who received the Covered Code that ne w know ledge has been o btaine d.(b) Contri butor APIs .If Contributor's Modi fications include an application programming inter face and Contributor has knowledge of patent licenses which are reasonably necessary toimplement that API, Contributor must also include this information in the LEGAL file.(c) Representations .Contri butor represents t hat, except as disclose d pursuant to Section 3.4(a) a bove,Contributor believes that Contributor's Modifications are Contributor's original creation(s) and/or Contributor has suff icient rights to grant the rights conve yed b y thisLicense .3.5. Require d Notices.You must duplicate the notice in Exhibit A in each file o f the Source Code. I f it is no t possible to put such notice in a particular Source Code file due to its structure, then Youmust include suc h notice in a location (suc h as a re levant director y) w here a user wou ldbe likel y to look for such a notice. I f You created one or more Modi fication(s) You ma y add your name as a Contri butor to t he notice descri bed in Ex hibit A. You must a lsoduplicate this License in any documentation for the Source Code where You describerecipients' rights or ownership rights relating to Covered Code. You may choose to o ffer, 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 behal f, and not on behalf of the Initial Developer or an y Contributor. You must make it absolutel y clear than any such warranty, support, indemnity or liability obligation is offered by Youalone, 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 o f Executable Versions.You may distribute Covered Code in Executable form only i f the requirements o f Section 3.1-3.5 have been met for that Covered Code, and i f You include a notice stating that the Source Code version of the Covered Code is available under the terms o f this License, including a description of how and where You have fulfilled the obligations o f Section 3.2. The notice must be conspicuous ly inc luded in any notice in an Executa ble version,relate d documentation or co llatera l in w hich You descri be recipients' rig hts re latingto 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 di fferent from this License, provided that You are in compliance with the terms of this License and tha t 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. I f You distributethe Executable version under a different license You must make it absolutely clear tha t any terms which differ from this License are o ffered by You alone, not by the Initial Developer or any Contributor. You hereby agree to indemnify the Initial Developer andevery Contributor for any liability incurred by the Initial Developer or such Contributor asa result of any such terms You o ffer.3.7. Larger Wor ks.You may create a Larger Work by com bining Covere d Co de wit h ot her co de no t 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 theCovered Co de.4. Ina bility to Comp ly Due to Statute or Regu lation.If it is impossible for You to comply with any o f the terms o f this License with respect tosome 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 inthe LEGAL file desc ri bed in Sect ion 3.4 and must be included with all distri butions of theSource Co de. Except to t he extent pro hibited by statute or regu lation, suc h descriptionmust be sufficientl y detailed for a recipient o f ordinar y skill to be able to understand it .5. Application o f this License.This License app lies to co de to w hich the Initia l Deve loper has attac hed the notice inExhibit A an d to re late d Covere d Co de.6. Versions o f the License.6.1. New Versions .Netscape Communications Corporation ("Netscape") may pu blish revise d an d/or ne w versions of the License from time to time. Each version will be given a distinguishingversion number.6.2. E ffect o f New Versions .Once Covered Code has been published under a particular version o f the License, Youmay always continue to use it under the terms of that version. You may also chooseto use such Covered Code under the terms of any subsequent version o f the Licensepublished by Netscape. No one other than Netscape has the right to modify the termsapplica ble to Covere d Co de create d under t his License .6.3. Derivative Wor ks.If You create or use a modi fied version o f this License (which you may only do in order toapply it to co de w hich is not a lready Covere d Co de governe d by this License), You mus t (a) rename Your license so t hat t he phrases "Mozi lla", "MOZILLAPL", "MOZPL", "Netscape","MPL", "NPL" or any confusingly similar phrase do not appear in your license (except tonote that your license differs from this License) and (b) otherwise make it clear that You r version of the license contains terms which di ffer from the Mozilla Public License andNetscape Public License. (Filling in the name of the Initial Developer, Original Code o r Contributor in the notice described in Exhibit A shall not of themselves be deemed to bemodifications o f this License. )7. DISCLAIMER OF WARRANTY.COVERED CODE IS PROVIDED UNDER THIS LICENSE ON AN "AS IS " BASIS, WITHOU T WARRANTY OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING, WITH OUT LIMITATION, WARRANTIES THAT THE C OVERED C ODE IS FREE OF DEFECTS ,MERCHANTABLE, FIT F OR A PARTICULAR PURP OSE OR N ON-INFRINGING. THE ENTIRERISK AS TO THE QUALITY AND PERF ORMANCE OF THE C OVERED C ODE IS WITH Y OU.SHOULD ANY COVERED CODE PROVE DEFECTIVE IN ANY RESPECT, YOU (NOT THEINITIAL DEVELOPER OR ANY OTHER CONTRIBUTOR) ASSUME THE COST OF AN Y NECESSARY SERVICING, REPAIR OR C ORRECTI ON. THIS DISCLAIMER OF WARRANT Y CO N S TITUTES AN E SSENTIAL PART OF THI S LICEN SE. NO USE OF ANY CO VERED CO DE I SAUTHORIZED HERE UNDER EX CEPT UNDER THI S DI SC LAIMER .8. TERMINATI ON.8.1. This License and the rights granted hereunder will terminate automaticall y if Youfail to comply with terms herein and fail to cure such breach within 30 days o f becomingaware of the breach. All sublicenses to the Covered Code which are properly grantedshall survive any termination o f this License. Provisions which, b y their nature, mus t remain in effect be yond the termination o f this License shall survive .8.2. I f You initiate litigation b y asserting a patent in fringement claim (excluding declator y judgment actions) against Initia l Deve loper or a Contri butor (t he Initia l Deve loper o r Contributor against whom You file such action is re ferred to as "Participant") allegingthat :(a) such Participant's Contributor Version directl y or indirectl y infringes an y patent, thenany and all rights granted b y such Participant to You under Sections 2.1 and/or 2.2 o f this License shall, upon 60 days notice from Participant terminate prospectivel y, unlessif within 60 days a fter receipt o f notice You either: (i) agree in writing to pay Participan t a mutually agreeable reasonable royalty for Your past and future use o f Modi ficationsmade by suc h Participant, or (ii) wit hdraw Your litigation c laim wit h respect to t heContributor Version against such Participant. If within 60 days o f notice, a reasonableroyalty an d payment arrangement are not mutua lly agree d upon in writing by theparties or the litigation c laim is not wit hdrawn, t he rig hts grante d by Participant to Youunder Sections 2.1 and/or 2.2 automatically terminate at the expiration of the 60 da y notice period specified above .(b) any so ftware, hardware, or device, other than such Participant's Contributor Version,directly or indirectly infringes any patent, then any rights granted to You by suchParticipant under Sections 2.1(b) and 2.2(b) are revoked effective as o f the date You first made, used, sold, distributed, or had made, Modifications made b y that Participant .8.3. I f You assert a patent in fringement claim against Participant alleging that suchParticipant's Contributor Version directly or indirectly infringes any patent where suchclaim is resolved (such as by license or settlement) prior to the initiation of paten t infringement litigation, then the reasonable value o f the licenses granted by suchParticipant under Sections 2.1 or 2.2 s hall be taken into account in determining t heamount or value of any payment or license .8.4. In the event o f termination under Sections 8.1 or 8.2 above, all end user licenseagreements (excluding distri butors an d rese llers) w hich have been va lidly grante d by You or any distri butor hereun der prior to termination s hall survive termination .9. LIMITATI ON OF LIABILITY.UNDER NO CIRCUMSTANCES AND UNDER N O LEGAL THE ORY, WHETHER T ORT (INCLUDING NEGLIGENCE ), CONTRACT, OR OTHERWISE, SHALL YOU, THE INITIA L DEVELOPER, ANY OTHER C ONTRIBUT OR, OR ANY DISTRIBUT OR OF C OVERED C ODE,OR ANY SUPPLIER OF ANY OF SUCH PARTIES, BE LIABLE T O ANY PERS ON F OR AN Y INDIRECT, SPECIAL, INCIDENTAL, OR C ONSE QUENTIAL DAMAGES OF ANY CHARACTE R INCLUDING, WITHOUT LIMITATI ON, DAMAGES F OR L OSS OF G OO DWILL, W ORK STOPPAGE, C OMPUTER FAILURE OR MALFUNCTI ON, OR ANY AND ALL OTHE R COMMERCIAL DAMAGES OR LOSSES, EVEN IF SUCH PARTY SHALL HAVE BEENINFORMED OF THE P OSSIBILITY OF SUCH DAMAGES. THIS LIMITATI ON OF LIABILIT Y SHALL NOT APPLY T O LIABILITY F OR DEATH OR PERS ONAL INJURY RESULTING FR OM参考資料・つ づき