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Appendix D Open Source Licences
NSA-220 User’s Guide
214
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 declaratory
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:
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.