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This program is free software; you can redistribute it and/
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APPENDIX
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(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
APPENDIX
(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.
168
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.
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.
(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.
3.7.
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.
APPENDIX
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.
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.
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.)
Larger works.
You may create a larger work by combining covered
169
APPENDIX
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:
APPENDIX
170
(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 grant-
ed 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.
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.
APPENDIX
13. MULTIPLE-LICENSED CODE.
Initial developer may designate portions of the covered code as "Multiple-Licensed". "MultipleLicensed" 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.
171
The model and serial number of the TV is located
on the back and/or one side of the TV.
Record it below should you ever need service.
MODEL
SERIAL

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