Firefox EULA in Linux Distributions

We’ve been working for a while to fix some objections to both the presentation of a EULA and the content of the EULA in certain Linux distributions. The issue came to light because of a change in settings in the 3.0 builds, that turned on the EULA display at installation, similar to the Windows environment. This caused two big problems. One, it put a EULA in front of a set of end-users who are not accustomed to seeing such agreements. Second, the license grant itself was inconsistent with the values of many of the users in the Linux communities and our own. They viewed the EULA as improperly imposing restrictions on the use of Firefox. Red Hat and Fedora were staunch advocates for making a change, and helped us understand the problem and potential fixes.

Upon review, they were right. So over the past few months we’ve redrafted the license agreement and changed the presentation requirements. This was a significant change for us from a licensing perspective, perhaps long overdue in the eyes of others. We believe the new terms address the objections we heard from both a substantive and presentation perspective. The plan was to post about it this week, so I guess that part is coming true, but not quite the setting I’d imagined.

The new agreement (shown below) isn’t yet in the builds, but here’s what it does:
• Makes the license grant parallel to the MPL;
• It has optional terms that govern services provided by Mozilla through the browser (e.g. anti-malware and anti-phishing services). A user may opt of the services and continue using the browser;
• The license grant excludes trademark rights; and
• The license doesn’t require explicit click through.

It is essentially structured in two portions, one dealing with the code, and one dealing with the services. The first part describes the license applicable to the code itself. The second part contains terms that govern use of optional services. From a presentation perspective, we’re of the view that it’s good for users to easily be able to see the license terms associated with their software; however, this doesn’t mean it has to be a poor user experience. We have adopted an approach that tries to conform to the way the distributor presents license info. In cases where there is only a first run page presented, we’ve proposed language to inform the user that there is a license agreement, and they can click a link to view the terms. In other cases, like corporate builds where an IT administrator is already presented with EULA terms, we’ve asked distributors to include the terms with the terms that are already presented.

Over the next few days, we’ll review any comments, and re-evaluate the draft language in light of the feedback.

MOZILLA FIREFOX LICENSE AGREEMENT, September 2008 (DRAFT)

This Mozilla Firefox License Agreement (“Agreement”) applies to the accompanying executable code version of the Mozilla Firefox browser and related documentation (such executable version and documentation are referred to herein collectively as the “Product”). The [Insert Distributor Name] distributes the Product, which includes modifications made to source code originally made available by Mozilla (such source code, including those modifications, but excluding any trademarks or logos of Mozilla, is referred to herein as the “Corresponding Source”). The Corresponding Source, which you may use, modify and distribute, is available to you free of charge under the Mozilla Public License and certain other open source software licenses (collectively “Open Source Licenses”).

During the Mozilla Firefox installation process, and at later times, you may be given the option of installing additional components from third-party software providers. The installation and use of those third-party components may be governed by additional license agreements instead of this Agreement.

The Product is made available to you under the terms of this Agreement. By using the Product, you are consenting to be bound by this Agreement. If you do not agree to the terms and conditions of this Agreement, do not use the Product. The Product also utilizes website information services (“Services”), such as safe-browsing features, which are made available by the Mozilla Corporation (“Mozilla”) under the terms herein, and which shall only apply if you use the Services. If you do not agree to the terms applicable to the Services in Paragraph 6 – 10, you may continue to use the Product subject to the remaining provisions of this Agreement provided that you disable the Services on the Security Tab of the Preferences.

1. License Grant. Except as set forth below in Paragraph 2 (“Trademarks & Notices”), the Product is licensed to you under the terms of the Mozilla Public License, version 1.1, found at http://www.mozilla.com/MPL/ (“MPL”) which are incorporated herein by reference. This Agreement will also govern any upgrades to the Product provided by [Distributor] and originating from Mozilla that replace and/or supplement the original Product, in which case the term “Product” also refers to such upgrades, unless such upgrades are accompanied by a separate license, in which case the terms of that license will govern. Nothing in this Agreement will be construed to limit any rights granted to you under the Open Source Licenses with respect to the Corresponding Source.

2. Trademarks & Notices. Mozilla, Firefox, and the Firefox logo (collectively “Trademarks”) are registered trademarks of Mozilla in the U.S. and other countries. This Agreement does not grant you any right to use the Trademarks, apart from the use necessarily occurring in your installation and execution of the Product. If you modify the Product as permitted by the Open Source Licenses, you must remove or replace all images and files containing the Trademarks. You may not remove or alter notices in or on the Product (i.e. copyright or other notices) except as expressly provided in Exhibit A of the MPL or required by this paragraph. Except as set-forth in this Agreement, no other rights or licenses are granted.

3. Export Control. The Product and its use is subject to applicable export/import restrictions, laws and regulations of the United States.

4. Termination. If you breach any provision of Paragraphs 1 -3, including the terms of the MPL incorporated by reference, your right to use the Product will terminate immediately and without notice.

5. Privacy Policy. The Mozilla Firefox Privacy Policy is made available online at http://www.mozilla.com/legal/privacy/, as that policy may be updated from time to time.

6. Website Information Services. Mozilla grants you the right to use and access the Services via the Product subject to all of the terms of this Agreement. Mozilla and its contributors, licensors and partners work to provide the most accurate and up-to-date phishing, malware and other information via the Services. However, they cannot guarantee that this information is comprehensive and error-free: some risky sites may not be identified, and some safe sites may be identified in error. This Agreement also governs the use of Services made available to you as a result of your installing any executable software upgrades to the Product provided to you by Mozilla, where those Services replace or supplement the Services provided through the use of the Product. In such a case, “the Product” shall also refer to such installed upgrades. However, if such upgrades are accompanied by a separate agreement from Mozilla, the terms of that agreement will govern the use of the Services.

7. Disclaimer of Warranty. The PRODUCT AND SERVICES ARE PROVIDED “AS IS” WITH ALL FAULTS. TO THE EXTENT PERMITTED BY LAW, MOZILLA AND MOZILLA’S DISTRIBUTORS AND LICENSORS HEREBY DISCLAIM ALL WARRANTIES, WHETHER EXPRESS OR IMPLIED, including without limitation warranties that the Product and Services are free of defects, merchantable, fit for a particular purpose and non-infringing. You bear the entire risk as to selecting the Product and Services for your purposes and as to the quality and performance of the Product and Services. This limitation will apply notwithstanding the failure of essential purpose of any remedy. Some jurisdictions do not allow the exclusion or limitation of implied warranties, so this disclaimer may not apply to you.

8. Limitation of Liability. Except as required by law, MOZILLA AND ITS DISTRIBUTORS, DIRECTORS, LICENSORS, CONTRIBUTORS AND AGENTS (COLLECTIVELY, THE “MOZILLA GROUP”) WILL NOT BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES ARISING OUT OF OR IN ANY WAY RELATING TO THIS AGREEMENT OR THE USE OF OR INABILITY TO USE THE PRODUCT OR SERVICES, including without limitation damages for loss of goodwill, work stoppage, lost profits, loss of data, and computer failure or malfunction, even if advised of the possibility of such damages and regardless of the theory (contract, tort or otherwise) upon which such claim is based. THE MOZILLA GROUP’S COLLECTIVE LIABILITY UNDER THIS AGREEMENT WILL NOT EXCEED THE GREATER OF $500 (FIVE HUNDRED DOLLARS) AND THE FEES PAID BY YOU TO MOZILLA UNDER THIS AGREEMENT (IF ANY). Some jurisdictions do not allow the exclusion or limitation of incidental, consequential or special damages, so this exclusion and limitation may not apply to you.

9. U.S. Government End-Users. This Product is a “commercial item,” as that term is defined in 48 C.F.R. 2.101, consisting of “commercial computer software” and “commercial computer software documentation,” as such terms are used in 48 C.F.R. 12.212 (Sept. 1995) and 48 C.F.R. 227.7202 (June 1995). Consistent with 48 C.F.R. 12.212, 48 C.F.R. 27.405(b)(2) (June 1998) and 48 C.F.R. 227.7202, all U.S. Government End Users acquire the Product with only those rights as set forth therein (including all rights to use this Product that are granted under the MPL).

10. Miscellaneous. (a) This Agreement, including the MPL, constitutes the entire agreement between Mozilla and you concerning the subject matter hereof, and this Agreement may only be modified by a written amendment signed by an authorized executive of Mozilla. (b) This Agreement will be governed by the laws of the state of California, U.S.A., excluding its conflict of law provisions. (c) This Agreement will not be governed by the United Nations Convention on Contracts for the International Sale of Goods. (d) If any part of this Agreement is held invalid or unenforceable, that part will be construed to reflect the parties’ original intent, and the remaining portions will remain in full force and effect. (e) A waiver by either party of any term or condition of this Agreement or any breach thereof, in any one instance, will not waive such term or condition or any subsequent breach thereof. (f) Except as required by law, the controlling language of this Agreement is English. (g) You may assign your rights under this Agreement to any party that consents to, and agrees to be bound by, its terms; the Mozilla Corporation may assign its rights under this Agreement without condition. (h) This Agreement will be binding upon and inure to the benefit of the parties, their successors and permitted assigns.