[csms-cvs] csms-core/legal LICENSE.csms.html,NONE,1.1 license,1.1.1.1,NONE

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<!DOCTYPE doctype PUBLIC "-//w3c//dtd html 4.0 transitional//en"><html><head>

   <meta http-equiv="Content-Type" content="text/html; charset=iso-8859-1">

   <meta name="GENERATOR" content="Mozilla/4.5 [en]C-NSCP  (Win95; U) [Netscape]">

   <title>Mozilla Public License version 1.1</title></head>

<body text="#000000" bgcolor="#ffffff" link="#0000ee" vlink="#551a8b" alink="#ff0000">

<center><b><font size="+2">MOZILLA PUBLIC LICENSE</font></b>

<br><b>Version 1.1</b>

<p>

</p><hr width="20%"></center>

<p><b>1. Definitions.</b>

<ul>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<b>.</b>

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 <b>Exhibit

A</b>.

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:

</p><ul><b>A.</b> Any addition to or deletion from the contents of a file containing

Original Code or previous Modifications.

<p><b>B.</b> Any new file that contains any part of the Original Code or

previous Modifications.

<br> </p></ul>

1.10. ''Original Code'' means Source Code of computer software code

which is described in the Source Code notice required by <b>Exhibit A</b>

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.</p></ul>

2. Source Code License.

<ul>2.1. The Initial Developer Grant.

<br>The Initial Developer hereby grants You a world-wide, royalty-free,

non-exclusive license, subject to third party intellectual property claims:

<ul><b>(a)</b> <b> </b>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

<p><b>(b)</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).

</p><ul>

<ul> </ul>

</ul>

<b>(c) </b>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.

<p><b>(d) </b>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.

<br> </p></ul>

<b>2.2. Contributor Grant.</b>

<br>Subject to third party intellectual property claims, each Contributor

hereby grants You a world-wide, royalty-free, non-exclusive license

<ul> 

<br><b>(a)</b> <b> </b>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

<p><b>(b)</b> under Patent Claims infringed by the making, using, or selling

of  Modifications made by that Contributor either alone and/or in<font color="#000000">

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).</font>

</p><p><b>(c) </b>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.

</p><p><b>(d) </b>   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.</p></ul>

</ul>

<p><br><b>3. Distribution Obligations.</b>

<ul>3.1. Application of License.

<br>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 <b>6.1</b>, 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 <b>3.5</b>.

3.2. Availability of Source Code.

<br>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.

<br>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

<ul>(a) Third Party Claims.

<br>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.

<p><b>(b) Contributor APIs</b>.

<br>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.

<br> </p></ul>

          <b>(c)   

Representations.</b>

<ul>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.</ul>

<p><br><b>3.5. Required Notices.</b>

<br>You must duplicate the notice in <b>Exhibit A</b> 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 <b>Exhibit

A</b>.  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.

<br>You may distribute Covered Code in Executable form only if the requirements

of Section <b>3.1-3.5</b> 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.

</p><p><b>3.7. Larger Works.</b>

<br>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.</p></ul>

4. Inability to Comply Due to Statute or Regulation.

<ul>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 <b>3.4</b> 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.</ul>

5. Application of this License.

<ul>This License applies to code to which the Initial Developer has attached

the notice in <b>Exhibit A</b> and to related Covered Code.</ul>

6. Versions of the License.

<ul><b>6.1. New Versions</b>.

<br>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.

<br>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.

</p><p><b>6.3. Derivative Works</b>.

<br>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 <b>Exhibit A</b> shall not of themselves be deemed

to be modifications of this License.)</p></ul>

7. DISCLAIMER OF WARRANTY.

<ul>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.</ul>

<b>8. TERMINATION.</b>

<ul><b>8.1.  </b>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.

<p><b>8.2.  </b>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:

</p><p><b>(a)  </b>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.

</p><p><b>(b)</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.

</p><p><b>8.3.  </b>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.

</p><p><b>8.4.</b>  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.</p></ul>

9. LIMITATION OF LIABILITY.

<ul>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.</ul>

<b>10. U.S. GOVERNMENT END USERS.</b>

<ul>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.</ul>

<b>11. MISCELLANEOUS.</b>

<ul>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.</ul>

12. RESPONSIBILITY FOR CLAIMS.

<ul>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.</ul>

<b>13. MULTIPLE-LICENSED CODE.</b>

<ul>Initial Developer may designate portions of the Covered Code as &#8220;Multiple-Licensed&#8221;. 

&#8220;Multiple-Licensed&#8221; means that the Initial Developer permits you to utilize

portions of the Covered Code under Your choice of the MPL or the alternative

licenses, if any, specified by the Initial Developer in the file described

in Exhibit A.</ul>

<p><br><b>EXHIBIT A -Mozilla Public License.</b>

</p><ul>``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

<br>http://www.mozilla.org/MPL/

<p>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 Community Sports Management System.

</p><p>The Initial Developer of the Original Code is We know What you Want.net

Portions created by

<br> The Initial Developer are Copyright (C) 2002

All Rights

Reserved.

</p><p>Contributor(s): 
<ul>
<li>Ross Gardler - ross [at] saafe.org</li>
<li>Mike Lever - mikel [at] fanfoot.com</li>
<li>Stuart Gardler - stuart [at] wkwyw.net</li>

</p>

</p><p>[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.]

</p><p>

</p></ul></body></html>

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