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- MOZILLA PUBLIC LICENSE
- Version 1.1
-
- ----------------
-
-1. Definitions.
-
- 1.0.1. "Commercial Use" means distribution or otherwise making the
- Covered Code available to a third party.
-
- 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.
-
- 1.8.1. "Licensable" means having the right to grant, to the maximum
- extent possible, whether at the time of the initial grant or
- subsequently acquired, any and all of the rights conveyed herein.
-
- 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.
-
- 1.10.1. "Patent Claims" means any patent claim(s), now owned or
- hereafter acquired, including without limitation, method, process, and
- apparatus claims, in any patent Licensable by grantor.
-
- 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 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'' (or "Your") 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 more than fifty percent (50%) 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) under intellectual property rights (other than patent or
- trademark) Licensable by Initial Developer to use, reproduce,
- modify, display, perform, sublicense and distribute the Original
- Code (or portions thereof) with or without Modifications, and/or
- as part of a Larger Work; and
-
- (b) under Patents Claims infringed by the making, using or selling
- of Original Code, to make, have made, use, practice, sell, and
- offer for sale, and/or otherwise dispose of the Original Code (or
- portions thereof).
-
- (c) the licenses granted in this Section 2.1(a) and (b) are
- effective on the date Initial Developer first distributes Original
- Code under the terms of this License.
-
- (d) Notwithstanding Section 2.1(b) above, no patent license is
- granted: 1) for code that You delete from the Original Code; 2)
- separate from the Original Code; or 3) for infringements caused
- by: i) the modification of the Original Code or ii) the
- combination of the Original Code with other software or devices.
-
- 2.2. Contributor Grant.
- Subject to third party intellectual property claims, 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 Contributor, 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 and/or
- as part of a Larger Work; and
-
- (b) under Patent Claims infringed by the making, using, or selling
- of Modifications made by that Contributor either alone and/or in
- combination with its Contributor Version (or portions of such
- combination), to make, use, sell, offer for sale, have made,
- and/or otherwise dispose of: 1) Modifications made by that
- Contributor (or portions thereof); and 2) the combination of
- Modifications made by that Contributor with its Contributor
- Version (or portions of such combination).
-
- (c) the licenses granted in Sections 2.2(a) and 2.2(b) are
- effective on the date Contributor first makes Commercial Use of
- the Covered Code.
-
- (d) Notwithstanding Section 2.2(b) above, no patent license is
- granted: 1) for any code that Contributor has deleted from the
- Contributor Version; 2) separate from the Contributor Version;
- 3) for infringements caused by: i) third party modifications of
- Contributor Version or ii) the combination of Modifications made
- by that Contributor with other software (except as part of the
- Contributor Version) or other devices; or 4) under Patent Claims
- infringed by Covered Code in the absence of Modifications made by
- that Contributor.
-
-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 Contributor has knowledge that a license under a third party's
- intellectual property rights is required to exercise the rights
- granted by such Contributor under Sections 2.1 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 detail that a recipient will know whom to contact.
- If Contributor obtains such knowledge after the Modification is
- made available as described in Section 3.2, Contributor shall
- promptly modify the LEGAL file in all copies Contributor makes
- 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 Contributor's Modifications include an application programming
- interface and Contributor has knowledge of patent licenses which
- are reasonably necessary to implement that API, Contributor must
- also include this information in the LEGAL file.
-
- (c) Representations.
- Contributor represents that, except as disclosed pursuant to
- Section 3.4(a) above, Contributor believes that Contributor's
- Modifications are Contributor's original creation(s) and/or
- Contributor has sufficient rights to grant the rights conveyed by
- this License.
-
- 3.5. Required Notices.
- You must duplicate the notice in Exhibit A in each file of the Source
- Code. 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) where a user would be likely to
- look for such a notice. If You created one or more Modification(s) You
- may add your name as a Contributor to the notice described in 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.
-
- 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 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.
-
- 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,
- 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.
-
-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'', "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.)
-
-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.
-
- 8.1. 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.
-
- 8.2. If You initiate litigation by asserting a patent infringement
- claim (excluding declatory judgment actions) against Initial Developer
- or a Contributor (the Initial Developer or Contributor against whom You
- file such action is referred to as "Participant") alleging that:
-
- (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 use of Modifications made by such Participant, or
- (ii) withdraw Your litigation claim with respect to the Contributor
- Version against such Participant. If within 60 days of notice, a
- reasonable royalty and payment arrangement are not mutually agreed upon
- in writing by the parties or the litigation claim is not withdrawn, the
- rights granted by Participant to You under Sections 2.1 and/or 2.2
- automatically terminate at the expiration of the 60 day notice period
- specified above.
-
- (b) any software, hardware, or device, other than such Participant's
- Contributor Version, directly or indirectly infringes any patent, then
- any rights granted to You by such Participant under Sections 2.1(b) and
- 2.2(b) are revoked effective as of the date You first made, used, sold,
- distributed, or had made, Modifications made by that Participant.
-
- 8.3. If You assert a patent infringement claim against Participant
- alleging that such Participant's Contributor Version directly or
- indirectly infringes any patent where such claim is resolved (such as
- by license or settlement) prior to the initiation of patent
- infringement litigation, then the reasonable value of the licenses
- granted by such Participant under Sections 2.1 or 2.2 shall be taken
- into account in determining the amount or value of any payment or
- license.
-
- 8.4. In the event of termination under Sections 8.1 or 8.2 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.
-
-9. LIMITATION OF LIABILITY.
-
- UNDER NO CIRCUMSTANCES AND UNDER NO LEGAL THEORY, WHETHER TORT
- (INCLUDING NEGLIGENCE), CONTRACT, OR OTHERWISE, SHALL YOU, THE INITIAL
- DEVELOPER, ANY OTHER CONTRIBUTOR, OR ANY DISTRIBUTOR OF COVERED CODE,
- OR ANY SUPPLIER OF ANY OF SUCH PARTIES, BE LIABLE TO ANY 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 THIS
- 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, any litigation relating to this License 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.
-
- As between Initial Developer and the Contributors, each party is
- responsible for claims and damages arising, directly or indirectly, out
- of its utilization of rights under this License and You agree to work
- with Initial Developer and Contributors to distribute such
- responsibility on an equitable basis. Nothing herein is intended or
- shall be deemed to constitute any admission of liability.
-
-13. MULTIPLE-LICENSED CODE.
-
- Initial Developer may designate portions of the Covered Code as
- "Multiple-Licensed". "Multiple-Licensed" means that the Initial
- Developer permits you to utilize portions of the Covered Code under
- Your choice of the NPL or the alternative licenses, if any, specified
- by the Initial Developer in the file described in Exhibit A.
-
-EXHIBIT A -Mozilla Public License.
-
- ``The contents of this file are subject to the Mozilla Public License
- Version 1.1 (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): ______________________________________.
-
- Alternatively, the contents of this file may be used under the terms of
- the _____ license (the "[___] License"), in which case the provisions
- of [______] License are applicable instead of those above. If you
- wish to allow use of your version of this file only under the terms of
- the [____] License and not to allow others to use your version of this
- file under the MPL, indicate your decision by deleting the provisions
- above and replace them with the notice and other provisions required
- by the [___] License. If you do not delete the provisions above, a
- recipient may use your version of this file under either the MPL or the
- [___] License."
-
- [NOTE: The text of this Exhibit A may differ slightly from the text of
- the notices in the Source Code files of the Original Code. You should
- use the text of this Exhibit A rather than the text found in the
- Original Code Source Code for Your Modifications.]
-
- -----------------------------------------------------------------------
-
- AMENDMENTS
-
- The Netscape Public License Version 1.1 ("NPL") consists of the Mozilla
- Public License Version 1.1 with the following Amendments, including
- Exhibit A-Netscape Public License. Files identified with "Exhibit
- A-Netscape Public License" are governed by the Netscape Public License
- Version 1.1.
-
- Additional Terms applicable to the Netscape Public License.
- I. Effect.
- These additional terms described in this Netscape Public
- License -- Amendments shall apply to the Mozilla Communicator
- client code and to all Covered Code under this License.
-
- II. ''Netscape's Branded Code'' means Covered Code that Netscape
- distributes and/or permits others to distribute under one or more
- trademark(s) which are controlled by Netscape but which are not
- licensed for use under this License.
-
- III. Netscape and logo.
- This License does not grant any rights to use the trademarks
- "Netscape'', the "Netscape N and horizon'' logo or the "Netscape
- lighthouse" logo, "Netcenter", "Gecko", "Java" or "JavaScript",
- "Smart Browsing" even if such marks are included in the Original
- Code or Modifications.
-
- IV. Inability to Comply Due to Contractual Obligation.
- Prior to licensing the Original Code under this License, Netscape
- has licensed third party code for use in Netscape's Branded Code.
- To the extent that Netscape is limited contractually from making
- such third party code available under this License, Netscape may
- choose to reintegrate such code into Covered Code without being
- required to distribute such code in Source Code form, even if such
- code would otherwise be considered ''Modifications'' under this
- License.
-
- V. Use of Modifications and Covered Code by Initial Developer.
- V.1. In General.
- The obligations of Section 3 apply to Netscape, except to the
- extent specified in this Amendment, Section V.2 and V.3.
-
- V.2. Other Products.
- Netscape may include Covered Code in products other than the
- Netscape's Branded Code which are released by Netscape during
- the two (2) years following the release date of the Original
- Code, without such additional products becoming subject to
- the terms of this License, and may license such additional
- products on different terms from those contained in this
- License.
-
- V.3. Alternative Licensing.
- Netscape may license the Source Code of Netscape's Branded
- Code, including Modifications incorporated therein, without
- such Netscape Branded Code becoming subject to the terms of
- this License, and may license such Netscape Branded Code on
- different terms from those contained in this License.
-
- VI. Litigation.
- Notwithstanding the limitations of Section 11 above, the
- provisions regarding litigation in Section 11(a), (b) and (c) of
- the License shall apply to all disputes relating to this License.
-
- EXHIBIT A-Netscape Public License.
-
- ''The contents of this file are subject to the Netscape Public
- License Version 1.1 (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/NPL/
-
- 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 Mozilla Communicator client code, released
- March 31, 1998.
-
- The Initial Developer of the Original Code is Netscape
- Communications Corporation. Portions created by Netscape are
- Copyright (C) 1998-1999 Netscape Communications Corporation. All
- Rights Reserved.
-
- Contributor(s): ______________________________________.
-
- Alternatively, the contents of this file may be used under the
- terms of the _____ license (the "[___] License"), in which case
- the provisions of [______] License are applicable instead of
- those above. If you wish to allow use of your version of this
- file only under the terms of the [____] License and not to allow
- others to use your version of this file under the NPL, indicate
- your decision by deleting the provisions above and replace them
- with the notice and other provisions required by the [___]
- License. If you do not delete the provisions above, a recipient
- may use your version of this file under either the NPL or the
- [___] License."