LICENSE (12310B)
1 The files in this directory (and the subdirectories) are derived from the 2 Plan 9 from Bell Labs distribution, which carries this license. 3 4 The local changes are Copyright (c) 2006-2008 Russ Cox and 5 are distributed as contributions under the terms of this license. 6 7 Other contributors are listed on the AUTHORS file. 8 9 10 =================================================================== 11 12 Lucent Public License Version 1.02 13 14 THE ACCOMPANYING PROGRAM IS PROVIDED UNDER THE TERMS OF THIS PUBLIC 15 LICENSE ("AGREEMENT"). ANY USE, REPRODUCTION OR DISTRIBUTION OF THE 16 PROGRAM CONSTITUTES RECIPIENT'S ACCEPTANCE OF THIS AGREEMENT. 17 18 1. DEFINITIONS 19 20 "Contribution" means: 21 22 a. in the case of Lucent Technologies Inc. ("LUCENT"), the Original 23 Program, and 24 b. in the case of each Contributor, 25 26 i. changes to the Program, and 27 ii. additions to the Program; 28 29 where such changes and/or additions to the Program were added to the 30 Program by such Contributor itself or anyone acting on such 31 Contributor's behalf, and the Contributor explicitly consents, in 32 accordance with Section 3C, to characterization of the changes and/or 33 additions as Contributions. 34 35 "Contributor" means LUCENT and any other entity that has Contributed a 36 Contribution to the Program. 37 38 "Distributor" means a Recipient that distributes the Program, 39 modifications to the Program, or any part thereof. 40 41 "Licensed Patents" mean patent claims licensable by a Contributor 42 which are necessarily infringed by the use or sale of its Contribution 43 alone or when combined with the Program. 44 45 "Original Program" means the original version of the software 46 accompanying this Agreement as released by LUCENT, including source 47 code, object code and documentation, if any. 48 49 "Program" means the Original Program and Contributions or any part 50 thereof 51 52 "Recipient" means anyone who receives the Program under this 53 Agreement, including all Contributors. 54 55 2. GRANT OF RIGHTS 56 57 a. Subject to the terms of this Agreement, each Contributor hereby 58 grants Recipient a non-exclusive, worldwide, royalty-free copyright 59 license to reproduce, prepare derivative works of, publicly display, 60 publicly perform, distribute and sublicense the Contribution of such 61 Contributor, if any, and such derivative works, in source code and 62 object code form. 63 64 b. Subject to the terms of this Agreement, each Contributor hereby 65 grants Recipient a non-exclusive, worldwide, royalty-free patent 66 license under Licensed Patents to make, use, sell, offer to sell, 67 import and otherwise transfer the Contribution of such Contributor, if 68 any, in source code and object code form. The patent license granted 69 by a Contributor shall also apply to the combination of the 70 Contribution of that Contributor and the Program if, at the time the 71 Contribution is added by the Contributor, such addition of the 72 Contribution causes such combination to be covered by the Licensed 73 Patents. The patent license granted by a Contributor shall not apply 74 to (i) any other combinations which include the Contribution, nor to 75 (ii) Contributions of other Contributors. No hardware per se is 76 licensed hereunder. 77 78 c. Recipient understands that although each Contributor grants the 79 licenses to its Contributions set forth herein, no assurances are 80 provided by any Contributor that the Program does not infringe the 81 patent or other intellectual property rights of any other entity. Each 82 Contributor disclaims any liability to Recipient for claims brought by 83 any other entity based on infringement of intellectual property rights 84 or otherwise. As a condition to exercising the rights and licenses 85 granted hereunder, each Recipient hereby assumes sole responsibility 86 to secure any other intellectual property rights needed, if any. For 87 example, if a third party patent license is required to allow 88 Recipient to distribute the Program, it is Recipient's responsibility 89 to acquire that license before distributing the Program. 90 91 d. Each Contributor represents that to its knowledge it has sufficient 92 copyright rights in its Contribution, if any, to grant the copyright 93 license set forth in this Agreement. 94 95 3. REQUIREMENTS 96 97 A. Distributor may choose to distribute the Program in any form under 98 this Agreement or under its own license agreement, provided that: 99 100 a. it complies with the terms and conditions of this Agreement; 101 102 b. if the Program is distributed in source code or other tangible 103 form, a copy of this Agreement or Distributor's own license agreement 104 is included with each copy of the Program; and 105 106 c. if distributed under Distributor's own license agreement, such 107 license agreement: 108 109 i. effectively disclaims on behalf of all Contributors all warranties 110 and conditions, express and implied, including warranties or 111 conditions of title and non-infringement, and implied warranties or 112 conditions of merchantability and fitness for a particular purpose; 113 ii. effectively excludes on behalf of all Contributors all liability 114 for damages, including direct, indirect, special, incidental and 115 consequential damages, such as lost profits; and 116 iii. states that any provisions which differ from this Agreement are 117 offered by that Contributor alone and not by any other party. 118 119 B. Each Distributor must include the following in a conspicuous 120 location in the Program: 121 122 Copyright (C) 2003, Lucent Technologies Inc. and others. All Rights 123 Reserved. 124 125 C. In addition, each Contributor must identify itself as the 126 originator of its Contribution in a manner that reasonably allows 127 subsequent Recipients to identify the originator of the Contribution. 128 Also, each Contributor must agree that the additions and/or changes 129 are intended to be a Contribution. Once a Contribution is contributed, 130 it may not thereafter be revoked. 131 132 4. COMMERCIAL DISTRIBUTION 133 134 Commercial distributors of software may accept certain 135 responsibilities with respect to end users, business partners and the 136 like. While this license is intended to facilitate the commercial use 137 of the Program, the Distributor who includes the Program in a 138 commercial product offering should do so in a manner which does not 139 create potential liability for Contributors. Therefore, if a 140 Distributor includes the Program in a commercial product offering, 141 such Distributor ("Commercial Distributor") hereby agrees to defend 142 and indemnify every Contributor ("Indemnified Contributor") against 143 any losses, damages and costs (collectively"Losses") arising from 144 claims, lawsuits and other legal actions brought by a third party 145 against the Indemnified Contributor to the extent caused by the acts 146 or omissions of such Commercial Distributor in connection with its 147 distribution of the Program in a commercial product offering. The 148 obligations in this section do not apply to any claims or Losses 149 relating to any actual or alleged intellectual property infringement. 150 In order to qualify, an Indemnified Contributor must: a) promptly 151 notify the Commercial Distributor in writing of such claim, and b) 152 allow the Commercial Distributor to control, and cooperate with the 153 Commercial Distributor in, the defense and any related settlement 154 negotiations. The Indemnified Contributor may participate in any such 155 claim at its own expense. 156 157 For example, a Distributor might include the Program in a commercial 158 product offering, Product X. That Distributor is then a Commercial 159 Distributor. If that Commercial Distributor then makes performance 160 claims, or offers warranties related to Product X, those performance 161 claims and warranties are such Commercial Distributor's responsibility 162 alone. Under this section, the Commercial Distributor would have to 163 defend claims against the Contributors related to those performance 164 claims and warranties, and if a court requires any Contributor to pay 165 any damages as a result, the Commercial Distributor must pay those 166 damages. 167 168 5. NO WARRANTY 169 170 EXCEPT AS EXPRESSLY SET FORTH IN THIS AGREEMENT, THE PROGRAM IS 171 PROVIDED ON AN"AS IS" BASIS, WITHOUT WARRANTIES OR CONDITIONS OF ANY 172 KIND, EITHER EXPRESS OR IMPLIED INCLUDING, WITHOUT LIMITATION, ANY 173 WARRANTIES OR CONDITIONS OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY 174 OR FITNESS FOR A PARTICULAR PURPOSE. Each Recipient is solely 175 responsible for determining the appropriateness of using and 176 distributing the Program and assumes all risks associated with its 177 exercise of rights under this Agreement, including but not limited to 178 the risks and costs of program errors, compliance with applicable 179 laws, damage to or loss of data, programs or equipment, and 180 unavailability or interruption of operations. 181 182 6. DISCLAIMER OF LIABILITY 183 184 EXCEPT AS EXPRESSLY SET FORTH IN THIS AGREEMENT, NEITHER RECIPIENT NOR 185 ANY CONTRIBUTORS SHALL HAVE ANY LIABILITY FOR ANY DIRECT, INDIRECT, 186 INCIDENTAL, SPECIAL, EXEMPLARY, OR CONSEQUENTIAL DAMAGES (INCLUDING 187 WITHOUT LIMITATION LOST PROFITS), HOWEVER CAUSED AND ON ANY THEORY OF 188 LIABILITY, WHETHER IN CONTRACT, STRICT LIABILITY, OR TORT (INCLUDING 189 NEGLIGENCE OR OTHERWISE) ARISING IN ANY WAY OUT OF THE USE OR 190 DISTRIBUTION OF THE PROGRAM OR THE EXERCISE OF ANY RIGHTS GRANTED 191 HEREUNDER, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. 192 193 7. EXPORT CONTROL 194 195 Recipient agrees that Recipient alone is responsible for compliance 196 with the United States export administration regulations (and the 197 export control laws and regulation of any other countries). 198 199 8. GENERAL 200 201 If any provision of this Agreement is invalid or unenforceable under 202 applicable law, it shall not affect the validity or enforceability of 203 the remainder of the terms of this Agreement, and without further 204 action by the parties hereto, such provision shall be reformed to the 205 minimum extent necessary to make such provision valid and enforceable. 206 207 If Recipient institutes patent litigation against a Contributor with 208 respect to a patent applicable to software (including a cross-claim or 209 counterclaim in a lawsuit), then any patent licenses granted by that 210 Contributor to such Recipient under this Agreement shall terminate as 211 of the date such litigation is filed. In addition, if Recipient 212 institutes patent litigation against any entity (including a 213 cross-claim or counterclaim in a lawsuit) alleging that the Program 214 itself (excluding combinations of the Program with other software or 215 hardware) infringes such Recipient's patent(s), then such Recipient's 216 rights granted under Section 2(b) shall terminate as of the date such 217 litigation is filed. 218 219 All Recipient's rights under this Agreement shall terminate if it 220 fails to comply with any of the material terms or conditions of this 221 Agreement and does not cure such failure in a reasonable period of 222 time after becoming aware of such noncompliance. If all Recipient's 223 rights under this Agreement terminate, Recipient agrees to cease use 224 and distribution of the Program as soon as reasonably practicable. 225 However, Recipient's obligations under this Agreement and any licenses 226 granted by Recipient relating to the Program shall continue and 227 survive. 228 229 LUCENT may publish new versions (including revisions) of this 230 Agreement from time to time. Each new version of the Agreement will be 231 given a distinguishing version number. The Program (including 232 Contributions) may always be distributed subject to the version of the 233 Agreement under which it was received. In addition, after a new 234 version of the Agreement is published, Contributor may elect to 235 distribute the Program (including its Contributions) under the new 236 version. No one other than LUCENT has the right to modify this 237 Agreement. Except as expressly stated in Sections 2(a) and 2(b) above, 238 Recipient receives no rights or licenses to the intellectual property 239 of any Contributor under this Agreement, whether expressly, by 240 implication, estoppel or otherwise. All rights in the Program not 241 expressly granted under this Agreement are reserved. 242 243 This Agreement is governed by the laws of the State of New York and 244 the intellectual property laws of the United States of America. No 245 party to this Agreement will bring a legal action under this Agreement 246 more than one year after the cause of action arose. Each party waives 247 its rights to a jury trial in any resulting litigation. 248