back to list
H2 License 1.0
This is an old license that is derived from the MPL-1.1 and different
enough to be tracked as such. Newer versions use a plain MPL-2.0 license.
H2 License - Version 1.0
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
1.2. "Contributor Version" means the combination of the Original Code, prior
Modifications used by a Contributor, and the Modifications made by that
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.
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 Exhibit A.
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:
1.9.a. Any addition to or deletion from the contents of a file containing
Original Code or previous Modifications.
1.9.b. Any new file that contains any part of the Original Code or previous
1.10. "Original Code" means Source Code of computer software code which is
described in the Source Code notice required by Exhibit A 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
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.
2. Source Code License
2.1. The Initial Developer Grant
The Initial Developer hereby grants You a world-wide, royalty-free, non-
exclusive license, subject to third party intellectual property claims:
2.1.a. 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
2.1.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).
2.1.c. 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
2.1.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
2.2.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
2.2.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
2.2.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.
2.2.c. 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. 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
3.4.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.
3.4.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.
3.4.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.
3.6. Distribution of Executable Versions
You may distribute Covered Code in Executable form only if the requirements of
Sections 3.1, 3.2, 3.3, 3.4 and 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.
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
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
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
The H2 Group 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 the H2 Group. No one other than the H2 Group 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 "H2 Group", "H2"
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 H2
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.
8.1. 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:
8.2.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.
8.2.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
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. United States Government End Users
The Covered Code is a "commercial item", as that term is defined in 48 C.F.R.
2.101 (October 1995), consisting of "commercial computer software" and
"commercial computer software documentation", as such terms are used in 48
C.F.R. 12.212 (September 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.
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 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.
13. Multiple-Licensed Code
Initial Developer may designate portions of the Covered Code as "Multiple-
Licensed". "Multiple-Licensed" means that the Initial Developer permits you to
utilize portions of the Covered Code under Your choice of this or the
alternative licenses, if any, specified by the Initial Developer in the file
described in Exhibit A.