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APPENDIX
139
(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, indemni-
ty 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 develop-
er 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 exe-
cutable version does not attempt to limit or alter the recip-
ient's rights in the source code version from the rights set
forth in this license. If you distribute the executable ver-
sion 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 max-
imum 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 con-
tributor in the notice described in exhibit A shall not of
themselves be deemed to be modifications of this license.)