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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 Nets-
cape 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 indi-
rectly 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.
8 Third Party Software Notice
V
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