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53-602: AOLserver is distributed under the Mozilla Public License . AOLserver was originally developed by NaviSoft under the name "NaviServer", but changed names when AOL bought the company in 1995. Philip Greenspun convinced America Online to open-source the program in 1999. AOLserver was the first HTTP server program to combine multithreading , a built-in scripting language, and the pooling of persistent database connections . For database-backed Web sites, this enabled performance improvements of 100× compared to

106-473: A certain painting sold at auction had been painted by the Russian painter Boris Kustodiev , which experts subsequently stated was not the case. The sale was cancelled and the buyer was reimbursed, but further claims of negligence and misrepresentation were denied because they fell outside the warranty's scope. Warranties are breached when the promise is not performed at all, or not performed in accordance with

159-440: A contract legal action, regardless of materiality, intent, or reliance. Representations are traditionally *pre*contractual statements which allow for a tort-based action if the misrepresentation is innocent, negligent or fraudulent. In U.S. law, the distinction between the two is somewhat unclear; warranties are viewed as primarily contract-based legal action while negligent or fraudulent misrepresentations are tort-based, but there

212-712: A different, even proprietary license, thereby forming a "larger work" which can be distributed under any terms, but again the MPL-covered source files must be made freely available. This makes the MPL a compromise between the MIT or BSD licenses , which permit all derived works to be relicensed as proprietary, and the GPL, which requires the derived work as a whole to be licensed under the GPL. By allowing proprietary modules in derived projects while requiring core files to remain open source,

265-516: A house or appliance is sold within the year ( Frigidaire , LG , Samsung ). Others do let warranties transfer to new buyers ( Amana , General Electric , Whirlpool ). Some manufacturers cover refrigerators' sealed parts (compressors, tubing, etc.) for five years ( General Electric , Samsung , Whirlpool ) or seven years ( LG ) or ten years ( KitchenAid ). Warranties on water heaters cover parts for 5 to 12 years in single family residences, one year otherwise. They do not cover new owners when

318-497: A house or heater is sold; nor do they cover the original owner if the heater is moved to a second location. Tank models from A. O. Smith do not allow heating elements to be replaced with lower (or higher) wattages, and do not cover renter-occupied single family. They end if the unit is flooded or ever uses desalinated or deionized water, such as municipal desalination plants or reverse osmosis filters. Smith's tank models for manufactured housing do not provide coverage if

371-453: A port of AOLserver for the iPhone was made available and later forked under the name "Joggame Server". This fork is described on its SourceForge project page as being a spin-off of AOLserver for devices. NaviServer (also hosted on SourceForge) is a fork of AOLserver. This network -related software article is a stub . You can help Misplaced Pages by expanding it . Mozilla Public License The Mozilla Public License ( MPL )

424-418: A satisfaction guarantee warranty. In these cases, the advertiser must refund the full purchase price regardless of the reason for dissatisfaction. A lifetime warranty is usually a warranty against defects in materials and workmanship that has no time limit to make a claim, rather than a warranty that the product will perform for the lifetime of the buyer. The actual time that product can be expected to perform

477-414: A television will last for only 90 days. Time-limited warranties are often confused with performance warranties. A 90-day performance warranty would promise that the television would work for 90 days, which is fundamentally different from promising that it was delivered free of defects and limiting the time the buyer has to prove otherwise. But because the usual evidence that a product was delivered defective

530-426: A vehicle. These types of warranties are provided for various products, but automobiles and electronics are common examples. Warranties which are sold through retailers such as Best Buy may include significant commission for the retailer as a result of reverse competition . For instance, an auto warranty from a car dealership may be subcontracted and vehicle repairs may be at a lower rate which could compromise

583-402: A warranty is a contractual assurance given, typically, by a seller to a buyer, for example confirming that the seller is the owner of the property being sold. A warranty is a term of a contract , but not usually a condition of the contract or an innominate term , meaning that it is a term "not going to the root of the contract", and therefore only entitles the innocent party to damages if it

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636-411: A warranty to a consumer with whom the manufacturer has no direct contractual relationship because it is purchased via an intermediary. A warranty may be express or implied . An express warranty is expressly stated (typically, written); whether or not a term will be implied into a contract depends on the particular contract law of the country in question. Warranties may also state that a particular fact

689-512: A whirlpool or hot tub is connected. Tank water heater warranties exclude labor, liability for water damage, and shipping cost to return the old heater or parts. Tankless warranties do not exclude water damage; they cover labor for a year, and Ruud/Rheem covers return shipping on tankless models. Smith's tankless water heaters do not restrict coverage to a single family, and require professional installation. Implied warranties under US law could extend for longer periods. However, most states allow

742-404: Is breached , i.e. if the warranty is not true or the defaulting party does not perform the contract in accordance with the terms of the warranty. A warranty is not a guarantee : it is a mere promise. It may be enforced if it is breached by an award for the legal remedy of damages. Depending on the terms of the contract, a product warranty may cover a product such that a manufacturer provides

795-518: Is a free and open-source weak copyleft license for most Mozilla Foundation software such as Firefox and Thunderbird . The MPL license is developed and maintained by Mozilla, which seeks to balance the concerns of both open-source and proprietary developers. It is distinguished from others as a middle ground between the permissive software BSD-style licenses and the GNU General Public License . As such, it allows

848-601: Is a confusing mix of case law in the United States. In modern English law, sellers often avoid using the term 'represents' in order to avoid claims under the Misrepresentation Act 1967 (although English law will look to the substance rather than the form of the representation to decide what it is), while in America 'warrants and represents' is relatively common. Some modern commentators suggest avoiding

901-412: Is normally determined by the custom for products of its kind used the way the buyer uses it. If a product has been discontinued and is no longer available, the warranty may last a limited period longer. For example: A warranty may be limited in duration (as above) and/or in scope. In Avrora Fine Arts v Christie, Manson and Woods (a UK High Court case), the auctioneers had issued a "limited warranty" that

954-456: Is that it later breaks, the effect is very similar. One situation in which the effect of a time-limited warranty is different from the effect of a performance warranty is where the time limit exceeds a normal lifetime of the product. If a coat is designed to last two years, but has a 10-year limited warranty against defects in materials and workmanship, a buyer who wears the coat for 3 years and then finds it worn out would not be able to collect on

1007-428: Is true at a point in time, or that the fact will continue into the future (a "continuing warranty"). Express warranties are created when the seller makes a guarantee to the buyer that the product or service being offered has certain qualities. For there to exist an express warranty, a statement regarding the product or service must be made to the buyer and the statement must play a role in the buyer's decision to purchase

1060-564: Is upgraded to version 2.0 by this mechanism, the 1.x-covered code must be marked with the aforementioned GPL-incompatible notice. The MPL can be modified to form a new license, provided that said license does not refer to Mozilla or Netscape. Version 1.0 of the MPL was written by Mitchell Baker in 1998 while working as a lawyer at Netscape Communications Corporation . Netscape was hoping that an open-source strategy for developing its own Netscape web browser would allow it to compete better with Microsoft 's browser, Internet Explorer . To cover

1113-503: The Apache License , is included to protect an auxiliary distributor's further recipients against patent trolling . The contributors disclaim warranty and liability , but allow auxiliary distributors to offer such things on their own behalf. In exchange for the rights granted by license, the licensee must meet certain responsibilities concerning the distribution of licensed source code. Covered source code files must remain under

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1166-660: The Uniform Commercial Code which provide for implied warranties. However, these implied warranties were often limited by disclaimers . In 1975 the Magnuson–Moss Warranty Act was passed to strengthen warranties on consumer goods. Among other things, under the law implied warranties cannot be disclaimed if an express warranty is offered, and attorney fees may be recovered. In some states, statutory warranties are required on new home construction, and " lemon laws " apply to motor vehicles. Article 2 of

1219-573: The Free Software Foundation to discourage using version 1.1. For these reasons, earlier versions of Firefox were released under multiple licenses: the MPL 1.1, GPL 2.0, and LGPL 2.1. Some old software, such as the Mozilla Application Suite, is still under the three licenses . Therefore, in early 2010, after more than a decade without modification, an open process for creating version 2.0 of the MPL began. Over

1272-460: The MPL is designed to motivate both businesses and the open-source community to help develop core software. The one exception to covered source files remaining under the MPL occurs when code under version 2.0 or later is combined with separate code files under the GNU GPL, GNU Lesser GPL (LGPL), or Affero GPL (AGPL). In this case, the program as a whole will be under the chosen GNU license, but

1325-492: The MPL, and distributors "may not attempt to alter or restrict recipients' rights" to it. The MPL treats the source code file as the boundary between MPL-licensed and proprietary parts, meaning that all or none of the code in a given source file falls under the MPL. An executable consisting solely of MPL-covered files may be sublicensed, but the licensee must ensure access to or provide all the source code within it. Recipients can combine licensed source code with other files under

1378-441: The MPL-covered files will be dual-licensed, so that recipients can choose to distribute them under that GNU License or the MPL. The initial author of MPL code may choose to opt out of this GPL compatibility by adding a notice to its source files. It is explicitly granted that MPL-covered code may be distributed under the terms of the license version under which it was received or any later version. If code under version 1.0 or 1.1

1431-479: The Uniform Commercial Code, which has been adopted with variations in each state , provides that the following two warranties are implied unless they are explicitly disclaimed (such as an " as is " statement): A common kind of warranty on goods is a warranty that the product is free from material defects in materials and workmanship. This simply promises that the manufacturer properly constructed

1484-551: The United Kingdom, types of warranties have been classified as either an: In the United Kingdom, the Financial Conduct Authority (FCA), which began to regulate insurance contracts in this context in 2005, determined that additional warranties sold by car dealerships are "unlikely to be insurance". Insurance warranties may offer greater protection to the consumer. A home warranty protects against

1537-434: The balance for the repair or replacement of the covered item. An intellectual property right (IPR) warranty provides contractual protection against breach of rights in software development and other fields where IPR is protected. Increasing reluctance on the part of suppliers to offer an IPR warranty or indemnity has been noted in recent years. Warranty data consists of claims data and supplementary data. Claims data are

1590-606: The browser's code, the company drafted a license known as the Netscape Public License (NPL), which included a clause allowing even openly developed code to be theoretically relicensed as proprietary. However, at the same time, Baker developed a second license similar to the NPL. It was called the Mozilla Public License after Netscape's project name for the new open-source codebase, and, although it

1643-451: The company that provided the warranty must still provide all the parts needed for the repair at absolutely no charge to the owner. If the defective product causes injury, this may be a cause of action for a product liability lawsuit ( tort ). Strict liability may be applied. In addition to standard warranties on new items, third parties or manufacturers may sell or offer extended warranties (also called service contracts). These extend

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1696-432: The contract. The seller may honor the warranty by making a refund or a replacement. The statute of limitations depends on the jurisdiction and contractual agreements. In the United States, the Uniform Commercial Code § 2-725 provides for a four-year time limit, which can be limited to one year by contract, starting from the date of delivery or if future performance is guaranteed from the date of discovery. Refusing to honor

1749-400: The costs of home and appliance repair by offering home warranty coverage for houses, townhomes, condominiums, mobile homes, and new construction homes. When a problem occurs with a covered appliance or mechanical system such as an air conditioning unit or furnace, a service technician repairs or replaces it. The homeowner may have to pay for a service call fee and the home warranty company pays

1802-410: The final draft of version 2.0 on January 3, 2012. Warranty In law, a warranty is an expressed or implied promise or assurance of some kind. The term's meaning varies across legal subjects. In property law, it refers to a covenant by the grantor of a deed. In insurance law, it refers to a promise by the purchaser of an insurance about the thing or person to be insured. In contract law,

1855-409: The five elements to create a legally binding contract in the United States (all 50 states), England and Wales, Scotland and Northern Ireland, each of the seven states of Australia, and all other common law countries. Countries with civil law systems, however, recognise legally binding contracts which are not supported by consideration. In the United States, various laws apply, including provisions in

1908-555: The integration of MPL-licensed code into proprietary codebases, as long as the MPL-licensed components remain accessible under the terms of the MPL. MPL has been used by others, such as Adobe to license their Flex product line, and The Document Foundation to license LibreOffice 4.0 (also on LGPL 3+). Version 1.1 was adapted by several projects to form derivative licenses like Sun Microsystems ' Common Development and Distribution License . It has undergone two revisions:

1961-436: The minor update 1.1, and a major update version 2.0 nearing the goals of greater simplicity and better compatibility with other licenses. The MPL defines rights as passing from "contributors", who create or modify source code, through an optional auxiliary distributor (itself a licensee), to the licensee. It grants liberal copyright and patent licenses allowing for free use, modification, distribution, and "exploit[ation]" of

2014-406: The next 21 months, the MPL was not only changed to make the license clearer and easier to apply, but also to achieve compatibility with the GPL and Apache licenses. The revision team was overseen by Baker and led by Luis Villa with key support from Gervase Markham and Harvey Anderson. They would publish three alpha drafts, two beta drafts, and two release candidates for comment before releasing

2067-416: The product or service. If, after purchase, the buyer feels that the given statement was a misrepresentation of the actual product or service, the buyer can file for breach of express warranty. Implied warranties are unwritten promises that arise from the nature of the transaction, and the inherent understanding by the buyer, rather than from the express representations of the seller. Warranties provided in

2120-404: The product, out of proper materials. This implies that the product is not defective for the purposes for which it was made. Warranties may be time limited, thus limiting the time the buyer has to make a claim for breach of warranty. For example, a typical 90-day warranty on a television gives the buyer 90 days from the date of purchase to claim that the television was improperly constructed. Should

2173-477: The quality of service. At the time of repair, out-of-pocket expenses may be charged for unexpected services provided outside of the warranty terms or uncovered parts. Extended Warranties are mostly back to back underwritten by underwriters, who are the actual bearer of the risk. Statements of fact in a contract or in obtaining the contract are considered to be either warranties or representations. Traditionally, warranties are factual promises which are enforced through

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2226-527: The sale of goods (tangible products ) vary according to jurisdiction, but commonly new goods are sold with implied warranty that the goods are as advertised. Used products, however, may be sold " as is " with no warranties. Each country, however, defines its own parameters with regard to implied conditions or implied warranties. The rules regarding warranties are largely standardised; i.e., the concepts of offer , acceptance , consideration , capacity to contract and intention to create legal relations . Those are

2279-489: The standard practices at the time of CGI scripts that opened fresh database connections on every page load. Eventually other HTTP server programs were able to achieve similar performance with a similar architecture. AOLserver is a key component in the Open Architecture Community System ( OpenACS ) which is an advanced open-source toolkit for developing web applications. In September 2007,

2332-404: The television fail after 91 days of normal usage, which because televisions customarily last longer than 91 days means there was a defect in the materials or workmanship of the television, the buyer nonetheless may not collect on the warranty because it is too late to file a claim. Consumer protection laws implemented by statute, however, provide additional remedies as it is not usually expected that

2385-418: The warranty for a further length of time. However, these warranties have terms and conditions which may not match the original terms and conditions. For example, these may not cover anything other than mechanical failure from normal usage. Exclusions may include commercial use, "acts of God", owner abuse, and malicious destruction. They may also exclude parts that normally wear out such as tires and lubrication on

2438-475: The warranty may be an unfair business practice . In the United States, breach of warranty lawsuits may be distinct from revocation of contract suits; in the case of the breach of warranty, the buyer's item is repaired or replaced while breach of contract involves returning the item to the seller. Some warranties require that repairs be undertaken by an authorized service provider . In such cases, service by non-authorized personnel or company may void (nullify)

2491-491: The warranty. However, according to the Magnuson-Moss Act (a U.S. Federal law that governs warranties, which was passed in 1975), if the warranty does not provide full or partial payment of labor (to repair the device or system), it is the owner's choice who will provide the labor, including the possibility of DIY ("Do It Yourself") repairs, in which case the device or system owner will pay zero dollars for labor, yet

2544-455: The warranty. But it is different from a 2-year warranty because if the buyer starts wearing the coat 5 years after buying it, and finds it wears out a year later, the buyer would have a warranty claim in Year 6. On the other hand, a 10-year performance warranty would promise that the coat would last 10 years. In the United States, the Magnuson–Moss Warranty Act of 1976 provides for enforcement of

2597-460: The words and substituting 'state' or 'agree', and some model forms do not use the words; however, others disagree. Written warranties on new major appliances, such as refrigerators , kitchen stoves and dishwashers , usually cover the cost of parts and labor to repair defects in materials or workmanship which appear under normal home use. Warranties often cover defects up to a year after purchase or delivery. However some exclude new owners when

2650-423: The work, but does not grant the licensee any rights to a contributor's trademarks . These rights will terminate if the licensee fails to comply with the license's terms and conditions, but a violating licensee who returns to compliance regains its rights, and even receiving written notice from a contributor will result in losing rights to that contributor's code only. A patent retaliation clause, similar to that of

2703-435: The written warranties to include clauses which limit these implied warranties to the same time period as the written warranty. New car factory warranties commonly range from one year to five years and in some cases extend even 10 years, with typically a mileage limit as well. Car warranties can be extended by the manufacturer or other companies with a renewal fee. Used car warranties are usually 3 months and 3,000 miles. In

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2756-402: Was meant to encourage cooperation with developers that preferred stricter licenses like the GPL. Not only would many projects derive their own licenses from this version, but its structure, legal precision, and explicit terms for patent rights would strongly influence later revisions of popular licenses like the GPL (version 3). Both versions 1.0 and 1.1 are incompatible with the GPL, which led

2809-727: Was originally only intended for software that supplemented core modules covered by the NPL, it would become much more popular than the NPL and eventually earn approval from the Open Source Initiative. Less than a year later, Baker and the Mozilla Organization would make some changes to the MPL, resulting in version 1.1, a minor update. This revision was done through an open process that considered comments from both institutional and individual contributors. The primary goals were to clarify terms regarding patents and allow for multiple licensing . This last feature

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