LUCENT TECHNOLOGIES INC. PLAN 9 OPEN SOURCE LICENSE AGREEMENT PLEASE READ THIS AGREEMENT (INCLUDING THE EXHIBITS) CAREFULLY BEFORE PROCEEDING. BY CLICKING ON THE "ACCEPT" BUTTON, OR BY DOWNLOADING, INSTALLING, USING, COPYING, MODIFYING OR DISTRIBUTING THE SOFTWARE OR DERIVATIVE WORKS THEREOF, YOU ARE CONSENTING TO BE BOUND BY THIS AGREEMENT. IF YOU DO NOT AGREE TO ALL OF THE TERMS OF THIS AGREEMENT, CLICK ON THE "DO NOT ACCEPT" BUTTON AND THE INSTALLATION/DOWNLOAD PROCESS WILL NOT CONTINUE. 1. DEFINITIONS 1.1 "Agreement" means this Lucent Technologies Inc. Plan 9 Open Source License Agreement (including Exhibits). 1.2 "Contributor(s)" means any individual or legal entity that creates or contributes to a Modification of the Original Software. 1.3 "Licensee" means an individual or a legal entity entering into and exercising rights under this Agreement. For the purposes hereunder, Licensee includes any entity that controls, is controlled by, or is under common control with Licensee. For purposes of this definition, "control" means (i) the power, direct or indirect, to cause the direction or management of such entity, whether by contract or otherwise; or (ii) ownership of fifty percent (50%) or more of the controlling shares or beneficial ownership of such entity. Licensee is also referred to herein as "You" with "Your" as the possessive. 1.4 "Licensed Software" means the Original Software, Modifications, or any combination of the Original Software and Modifications. 1.5 "Lucent" means Lucent Technologies Inc., a Delaware corporation having an office at 600 Mountain Ave., Murray Hill, NJ 07974, its related companies and/or affiliates. 1.6 "Modification(s)" means any addition, deletion, change, or improvement to the Original Software or prior Modifications thereto. Modifications do not include additions to the Original Software or prior Modifications which (i) are separate modules of software which may be distributed in conjunction with Licensed Software; or (ii) are not derivative works of the Licensed Software itself. 1.7 "Object Code" means machine executable software code. 1.8 "Original Contributor" means Lucent and its Licensors, collectively. 1.9 "Original Software" means the Plan 9 Software, in both Source Code form and Object Code form, and any associated documentation, as furnished under this Agreement. 1.10 "Plan 9 Software" means a network operating system designed for research into distributed services, applications and software development. 1.11 "Plan 9 Trademark" means the trademark PLAN 9 (for which Lucent has acquired common law rights and for which Lucent owns U.S. Trademark Registration Number 2,065,577). 1.12 "Recipient" means any individual or legal entity receiving the Licensed Software under this Agreement, including all Contributors, or receiving the Licensed Software under another license agreement as authorized herein. 1.13 "Source Code" means human readable software code. 2.0 GRANT OF RIGHTS 2.1 Subject to the terms of this Agreement and to third party intellectual property claims, Lucent grants to Licensee, a royalty-free, nonexclusive, non-transferable, worldwide license to use, reproduce, modify, execute, display, perform, distribute and sublicense, the Original Software (with or without Modifications) in Source Code form and/or Object Code form for commercial and/or non-commercial purposes. This grant includes a nonexclusive and non-transferable license under any patents which Lucent has a right to license and which, but for this license, are unavoidably and necessarily infringed by the execution of the inherent functionality of the Original Software in the form furnished under this Agreement. Nothing in this Agreement shall be construed as conferring in any way (by implication, estoppel or otherwise) any license or right under any existing or future patent claim which is directed to a combination of the functionality of the Original Software with the functionality of any other software programs, or a combination of hardware systems other than the combination of the Original Software and the hardware or firmware into which the Original Software is loaded. Distribution of Licensed Software to third parties pursuant to this grant shall be subject to the same terms and conditions as set forth in this Agreement, and may, at Your option, include a reasonable charge for the cost of any media. You may also, at Your option, charge for any other software, product or service that includes or incorporates the Original Software as a part thereof. 2.2 No right is granted to Licensee to create derivative works of or to redistribute (other than with the Original Software or a derivative thereof) the screen imprinter fonts identified in subdirectory /lib/font/bit/lucida and printer fonts (Lucida Sans Unicode, Lucida Sans Italic, Lucida Sans Demibold, Lucida Typewriter, Lucida Sans Typewriter83), identified in subdirectory /sys/lib/postscript/font. 2.3 Exhibit A contains additional terms and conditions relating to the printer fonts identified in subdirectory /sys/lib/ghostscript/font. In the case of any conflict between the provisions of the body of this Agreement and Exhibit A regarding such printer fonts, the provisions of Exhibit A shall control. 2.4 The Original Software licensed herein contains material copyrights by the Original Contributor, including but not limited to Lucent, B&H Inc., and Y&Y Inc. No rights are granted with respect to Original Software except as expressly provided herein. 2.5 Lucent grants to Licensee a nonexclusive, royalty free, worldwide license to use the Plan 9 Trademark solely in connection with the Plan 9 operating system source code and documentation. Such use by Licensee of the Plan 9 Trademark shall be in accordance with the following quality standards and controls: * Any use of the Plan 9 Trademark must be made under the terms of this Agreement; * The Plan 9 Trademark may not be combined with any other mark or logo to form a composite mark or logo or suggest that the Parties are part of one company; * The Plan 9 Trademark font must be smaller than the font used for Licensee's own trademarks and/or logos. Upon Lucent's written request and at Licensee's expense, Licensee will provide Lucent with a representative sample of Licensee's promotional materials bearing the Plan 9 Trademark. If, for any reason, Lucent determines that the quality standards or controls applied by Licensee to the Plan 9 system source code and documentation fall below those that are consistent with Lucent's standards, upon written notice of the deficiency to Licensee, Lucent may, at its sole option and discretion, terminate Licensee's right to use the Plan 9 Trademark upon written notice to Licensee. Licensee acknowledges that Lucent is the owner of the Plan 9 Trademark and all goodwill attached thereto. This Agreement does not give Licensee any interest in the Plan 9 Trademark except the right to use the mark in accordance with the provisions of this Agreement. Licensee agrees not to attempt to register the Plan 9 Trademark nor to adopt, attempt to register or register anywhere in the world a mark the same as or confusingly similar to the Plan 9 Trademark. 3.0 DISTRIBUTION OBLIGATIONS 3.1 Modifications which You create or to which You contribute are governed by the terms of this Agreement and must be made available under the terms of this Agreement in at least the same form as the Source Code version of Original Software furnished hereunder. Any distribution by You of the Source Code version of Licensed Software must be made under the terms of this Agreement or any future version of this Agreement under Section 11.0, and You must include a copy of this Agreement with each and every copy of such Source Code version of Licensed Software which You distribute. You may not offer or impose any terms on any such Source Code version of Licensed Software that alters or restricts the terms of the applicable version of this Agreement or the Recipients' rights and obligations hereunder. 3.2 You must cause all Licensed Software to which You contribute, i.e. Your Modifications, to contain a clear identification, e.g., a separate file, documenting the changes made by You and identifying You as the Contributor that reasonably allows subsequent Recipients to identify the originator of the Modification. To the extent You create at least one Modification, You may add Your name as a Contributor to the requisite notice described in Section 3.3. 3.3 With respect to Your distribution of Licensed Software (or any portion thereof), You must include the following information in a conspicuous location governing such distribution (e.g., a separate file) and on all copies of any Source Code version of Licensed Software You distribute: "The contents herein includes software initially developed by Lucent Technologies Inc. and others, and is subject to the terms of the Lucent Technologies Inc. Plan 9 Open Source License Agreement. A copy of the Plan 9 Open Source License Agreement is available at: http://plan9.bell-labs.com/plan9dist/download.html or by contacting Lucent Technologies at http: //www.lucent.com. All software distributed under such Agreement is distributed on an "AS IS" basis, WITHOUT WARRANTY OF ANY KIND, either express or implied. See the Lucent Technologies Inc. Plan 9 Open Source License Agreement for the specific language governing all rights, obligations and limitations under such Agreement. Portions of the software developed by Lucent Technologies Inc. and others are Copyright (c) 2002. All rights reserved. Contributor(s):___________________________" 3.4 You may distribute Licensed Software in Object Code form using this Agreement, or under a license of Your choice provided that You are in compliance with this Agreement and Your license: (a) complies with the terms and conditions of this Agreement; (b) does not limit or alter the Recipient's rights and obligations in the Source Code version of the Licensed Software set forth in this Agreement; (c) states that the Source Code version of the Licensed Software is available from You, and describes how it may be obtained by Recipient; (d) effectively disclaims on behalf of Original Contributor and all Contributors all warranties and conditions, express or implied, including warranties or conditions of title or non-infringement, and implied warranties or conditions of merchantability and fitness for a particular purpose; (e) effectively excludes on behalf of Original Contributor and all Contributors all liability for damages, including direct, indirect, special, incidental, and consequential damages; and (f) clearly states that any terms which differ from this Agreement are offered by You alone, not by Original Contributor or any other Contributor. You hereby agree to indemnify Original Contributor or any other Contributor for any liability incurred by Original Contributor or any other Contributor as result of any such differing terms You offer in Your license. 3.5 You may not use the names "Lucent Technologies", "Bell Labs" or any other name associated with Lucent or any Lucent trademark for any purposes other than as specifically provided in this Agreement. 3.6 You must include all of the original copyright, labels or other notices on the Licensed Software on any copies of the Licensed Software which You make; and include with the distribution of any Modifications You create a copy (or an offer to provide such a copy at no charge) of the Licensed Software, on the same terms as set forth in this Agreement. 3.7 While this Agreement contemplates the commercial use and distribution of Licensed Software, commercial distributors of software may, for a variety of reasons, accept certain responsibilities with respect to customers, licensees, business partners and the like. As such, if You or any Contributor include Licensed Software in a commercial offering ("Commercial Contributor"), such Commercial Contributor agrees to defend and indemnify Original Contributor and all other Contributors (collectively "Indemnified Contributors") against any liability, losses, damages and costs arising from claims, lawsuits and other legal actions brought by any third party against the Indemnified Contributors to the extent caused by the acts or omissions of such Commercial Contributor in connection with its use or distribution of Licensed Software in a commercial offering of any kind. 4.0 MODIFICATIONS You agree to provide the Original Contributor, at its request, with a copy of the complete Source Code version, Object Code version and related documentation for Modifications created or contributed to by You if distributed in any form, e.g., binary or source. Original Contributor and/or other Contributors shall have unrestricted, nonexclusive, worldwide, perpetual, royalty-free rights, to use, reproduce, modify, display, perform, sublicense and distribute such Modifications, and to grant third parties the right to do so, including without limitation as a part of or with the Licensed Software; and Original Contributor and/or other Contributors shall have the right to license or to otherwise transfer to third parties such Modifications without notice, obligation or recourse to You. You grant to Original Contributor, Contributors and their respective licensees all rights and licenses (including patents) as are necessary to incorporate the Modifications created or contributed and so distributed by You into the Licensed Software and to use, distribute or otherwise exploit such Licensed Software without payment or accounting to You. 5.0 TITLE Title, ownership rights, and intellectual property rights in the Original Software and the Plan 9 Trademark shall remain in the Original Contributor. Original Contributor and/or the other Contributors reserve all rights not expressly granted to You, and no other licenses are granted or implied. The Licensed Software is protected by copyright laws and treaties. 6.0 TERMINATION 6.1 The licenses and rights granted under this Agreement shall terminate automatically if (i) You fail to comply with all of the terms and conditions herein; or (ii) You initiate or participate in any intellectual property action against Original Contributor. 6.2 The rights and obligations of the parties hereto which by their nature would continue beyond termination of this Agreement shall survive and continue after any such termination of this Agreement. 6.3 Upon termination for any reason, You must destroy all copies of the Licensed Software in Your possession. All sublicenses of Licensed Software which were validly granted by You to third parties under this Agreement shall survive such termination. 7.0 DISCLAIMER OF WARRANTY YOU UNDERSTAND AND ACKNOWLEDGE THAT, TO THE FULLEST EXTENT PERMITTED BY LAW, THE LICENSED SOFTWARE IS LICENSED UNDER THIS AGREEMENT FREE OF CHARGE ON AN "AS IS" BASIS WITH ALL FAULTS, LATENT AND PATENT AND WITHOUT ANY WARRANTY OF ANY TYPE. ORIGINAL CONTRIBUTOR AND THE OTHER CONTRIBUTORS MAKE NO REPRESENTATIONS OR WARRANTIES, EXPRESSED OR IMPLIED. BY WAY OF EXAMPLE, BUT NOT OF LIMITATION, ORIGINAL CONTRIBUTOR AND THE OTHER CONTRIBUTORS MAKE NO REPRESENTATIONS OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE OR THAT THE USE OF THE LICENSED SOFTWARE WILL NOT INFRINGE ANY PATENT OR OTHER INTELLECTUAL PROPERTY RIGHT OF ANY THIRD PARTY AND IT SHALL BE THE SOLE RESPONSIBILITY OF YOU TO MAKE SUCH DETERMINATION AS IS NECESSARY WITH RESPECT TO THE ACQUISITION OF LICENSES UNDER PATENTS OR OTHER INTELLECTUAL PROPERTY RIGHTS OF THIRD PARTIES. ORIGINAL CONTRIBUTOR AND THE OTHER CONTRIBUTORS DO NOT WARRANT THAT THE FUNCTIONS OF THE LICENSED SOFTWARE WILL MEET YOUR REQUIREMENTS OR THAT LICENSED SOFTWARE OPERATION WILL BE ERROR-FREE OR UNINTERRUPTED. YOU ASSUME THE RISK OF ANY AND ALL DAMAGE OR LOSS FROM USE, OR INABILITY TO USE, THE LICENSED SOFTWARE. ORIGINAL CONTRIBUTOR AND THE OTHER CONTRIBUTORS BEAR NO RESPONSIBILITY FOR CORRECTING THE LICENSED SOFTWARE, SUPPLYING ASSISTANCE FOR FIXING, OR FOR COMMUNICATING KNOWN ERRORS TO YOU PERTAINING TO THE LICENSED SOFTWARE FURNISHED HEREUNDER. ORIGINAL CONTRIBUTOR AND THE OTHER CONTRIBUTORS SHALL NOT BE HELD TO ANY LIABILITY WITH RESPECT TO ANY PATENT INFRINGEMENT OR ANY OTHER CLAIM MADE BY YOU OR ANY THIRD PARTY ON ACCOUNT OF, OR ARISING FROM THE USE OF, THE LICENSED SOFTWARE PROVIDED HEREUNDER. SOME STATES DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU. YOU MAY ALSO HAVE OTHER RIGHTS THAT VARY FROM JURISDICTION TO JURISDICTION. 8.0 LIMITATION OF LIABILITY UNDER NO CIRCUMSTANCES AND UNDER NO LEGAL THEORY, TORT, CONTRACT, OR OTHERWISE, SHALL ORIGINAL CONTRIBUTOR AND/OR THE OTHER CONTRIBUTORS BE LIABLE TO YOU OR ANY OTHER THIRD PARTY FOR DAMAGES OF ANY KIND INCLUDING, BUT NOT LIMITED TO, ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES OF ANY CHARACTER WHATSOEVER 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 THE ORIGINAL CONTRIBUTOR AND/OR ANY OTHER CONTRIBUTORS SHALL HAVE BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGES, OR FOR ANY CLAIM BY ANY OTHER PARTY. FURTHERMORE, SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THIS LIMITATION AND EXCLUSION MAY NOT APPLY TO YOU. TO THE EXTENT THAT ANY EXCLUSION OF DAMAGES ABOVE IS NOT VALID, YOU AGREE THAT IN NO EVENT WILL ORIGINAL CONTRIBUTOR'S AND ALL OTHER CONTRIBUTORS' TOTAL LIABILITY UNDER OR RELATED TO THIS AGREEMENT EXCEED ONE THOUSAND DOLLARS ($1000.00 US). 9.0 EXPORT CONTROL You acknowledge that the Licensed Software hereunder is "unrestricted encryption source code" as the term is defined under the United States Export Administration Regulations and is subject to export control under such laws and regulations. You agree that, if you export or re-export the Licensed Software or any modifications to it, You are responsible for compliance with the United States Export Administration Regulations and hereby indemnify the Original Contributor and all other Contributors for any liability incurred as a result. 10.0 U.S. GOVERNMENT RIGHTS You may only acquire the Licensed Software on behalf of, or for delivery to, any part of the United States Government, if the Licensed Software is treated as commercial computer software and licensed to the Government under the terms and conditions of this Agreement, pursuant to the policies stated in 48 C.F.R. Section 12.212 (October 1995) or 48 C.F.R. Section 227.7202 (June 1995), as applicable. 11.0 LICENSE VERSIONS LUCENT, at its sole discretion, may from time to time publish a revised and/or new version of this Agreement (each such revised or new version shall carry a distinguishing version number) which shall govern all copies of Licensed Software downloaded after the posting of such revised or new version of this Agreement. 12.0 MISCELLANEOUS This Agreement sets forth the entire agreement and understanding between the parties as to the subject matter hereof and merges all prior discussions between them. This Agreement shall be governed by the laws of the State of New York, USA, excluding its conflict of law provisions. The application of the United Nations Convention of Contracts for the International Sale of Goods is expressly excluded. YOUR DOWNLOAD, INSTALLATION AND USE, MODIFICATION OR DISTRIBUTION OF THE LICENSED SOFTWARE IS EXPRESSLY MADE CONDITIONAL ON YOUR ASSENT TO THE TERMS SET FORTH HEREIN. You further agree and acknowledge that by clicking on the "ACCEPT" button below, You shall have manifested acceptance to enter into this Agreement and shall be deemed to have manually signed and executed this Agreement making this an enforceable Agreement between the parties. If any provision of this Agreement is held to be unenforceable, such provision shall be reformed only to the extent necessary to make it enforceable. EXHIBIT A - GNU GENERAL PUBLIC LICENSE GNU GENERAL PUBLIC LICENSE Version 2, June 1991 Copyright (C) 1989, 1991 Free Software Foundation, Inc. 675 Mass Ave, Cambridge, MA 02139, USA. Everyone is permitted to copy and distribute verbatim copies of this license document, but changing it is not allowed. Preamble The licenses for most software are designed to take away your freedom to share and change it. By contrast, the GNU General Public License is intended to guarantee your freedom to share and change free software--to make sure the software is free for all its users. This General Public License applies to most of the Free Software Foundation's software and to any other program whose authors commit to using it. (Some other Free Software Foundation software is covered by the GNU Library General Public License instead.) You can apply it to your programs, too. When we speak of free software, we are referring to freedom, not price. Our General Public Licenses are designed to make sure that you have the freedom to distribute copies of free software (and charge for this service if you wish), that you receive source code or can get it if you want it, that you can change the software or use pieces of it in new free programs; and that you know you can do these things. To protect your rights, we need to make restrictions that forbid anyone to deny you these rights or to ask you to surrender the rights. These restrictions translate to certain responsibilities for you if you distribute copies of the software, or if you modify it. For example, if you distribute copies of such a program, whether gratis or for a fee, you must give the recipients all the rights that you have. You must make sure that they, too, receive or can get the source code. And you must show them these terms so they know their rights. We protect your rights with two steps: (1) copyright the software, and (2) offer you this license which gives you legal permission to copy, distribute and/or modify the software. Also, for each author's protection and ours, we want to make certain that everyone understands that there is no warranty for this free software. If the software is modified by someone else and passed on, we want its recipients to know that what they have is not the original, so that any problems introduced by others will not reflect on the original authors' reputations. Finally, any free program is threatened constantly by software patents. We wish to avoid the danger that redistributors of a free program will individually obtain patent licenses, in effect making the program proprietary. To prevent this, we have made it clear that any patent must be licensed for everyone's free use or not licensed at all. The precise terms and conditions for copying, distribution and modification follow. GNU GENERAL PUBLIC LICENSE TERMS AND CONDITIONS FOR COPYING, DISTRIBUTION AND MODIFICATION 0. This License applies to any program or other work which contains a notice placed by the copyright holder saying it may be distributed under the terms of this General Public License. The "Program", below, refers to any such program or work, and a "work based on the Program" means either the Program or any derivative work under copyright law: that is to say, a work containing the Program or a portion of it, either verbatim or with modifications and/or translated into another language. (Hereinafter, translation is included without limitation in the term "modification".) Each licensee is addressed as "you". Activities other than copying, distribution and modification are not covered by this License; they are outside its scope. The act of running the Program is not restricted, and the output from the Program is covered only if its contents constitute a work based on the Program (independent of having been made by running the Program). Whether that is true depends on what the Program does. 1. You may copy and distribute verbatim copies of the Program's source code as you receive it, in any medium, provided that you conspicuously and appropriately publish on each copy an appropriate copyright notice and disclaimer of warranty; keep intact all the notices that refer to this License and to the absence of any warranty; and give any other recipients of the Program a copy of this License along with the Program. You may charge a fee for the physical act of transferring a copy, and you may at your option offer warranty protection in exchange for a fee. 2. You may modify your copy or copies of the Program or any portion of it, thus forming a work based on the Program, and copy and distribute such modifications or work under the terms of Section 1 above, provided that you also meet all of these conditions: a) You must cause the modified files to carry prominent notices stating that you changed the files and the date of any change. b) You must cause any work that you distribute or publish, that in whole or in part contains or is derived from the Program or any part thereof, to be licensed as a whole at no charge to all third parties under the terms of this License. c) If the modified program normally reads commands interactively when run, you must cause it, when started running for such interactive use in the most ordinary way, to print or display an announcement including an appropriate copyright notice and a notice that there is no warranty (or else, saying that you provide a warranty) and that users may redistribute the program under these conditions, and telling the user how to view a copy of this License. (Exception: if the Program itself is interactive but does not normally print such an announcement, your work based on the Program is not required to print an announcement.) These requirements apply to the modified work as a whole. If identifiable sections of that work are not derived from the Program, and can be reasonably considered independent and separate works in themselves, then this License, and its terms, do not apply to those sections when you distribute them as separate works. But when you distribute the same sections as part of a whole which is a work based on the Program, the distribution of the whole must be on the terms of this License, whose permissions for other licensees extend to the entire whole, and thus to each and every part regardless of who wrote it. Thus, it is not the intent of this section to claim rights or contest your rights to work written entirely by you; rather, the intent is to exercise the right to control the distribution of derivative or collective works based on the Program. In addition, mere aggregation of another work not based on the Program with the Program (or with a work based on the Program) on a volume of a storage or distribution medium does not bring the other work under the scope of this License. 3. You may copy and distribute the Program (or a work based on it, under Section 2) in object code or executable form under the terms of Sections 1 and 2 above provided that you also do one of the following: a) Accompany it with the complete corresponding machine-readable source code, which must be distributed under the terms of Sections 1 and 2 above on a medium customarily used for software interchange; or, b) Accompany it with a written offer, valid for at least three years, to give any third party, for a charge no more than your cost of physically performing source distribution, a complete machine-readable copy of the corresponding source code, to be distributed under the terms of Sections 1 and 2 above on a medium customarily used for software interchange; or, c) Accompany it with the information you received as to the offer to distribute corresponding source code. (This alternative is allowed only for noncommercial distribution and only if you received the program in object code or executable form with such an offer, in accord with Subsection b above.) The source code for a work means the preferred form of the work for making modifications to it. For an executable work, complete source code means all the source code for all modules it contains, plus any associated interface definition files, plus the scripts used to control compilation and installation of the executable. However, as a special exception, the source code distributed need not include anything that is normally distributed (in either source or binary form) with the major components (compiler, kernel, and so on) of the operating system on which the executable runs, unless that component itself accompanies the executable. If distribution of executable or object code is made by offering access to copy from a designated place, then offering equivalent access to copy the source code from the same place counts as distribution of the source code, even though third parties are not compelled to copy the source along with the object code. 4. You may not copy, modify, sublicense, or distribute the Program except as expressly provided under this License. Any attempt otherwise to copy, modify, sublicense or distribute the Program is void, and will automatically terminate your rights under this License. However, parties who have received copies, or rights, from you under this License will not have their licenses terminated so long as such parties remain in full compliance. 5. You are not required to accept this License, since you have not signed it. However, nothing else grants you permission to modify or distribute the Program or its derivative works. These actions are prohibited by law if you do not accept this License. Therefore, by modifying or distributing the Program (or any work based on the Program), you indicate your acceptance of this License to do so, and all its terms and conditions for copying, distributing or modifying the Program or works based on it. 6. Each time you redistribute the Program (or any work based on the Program), the recipient automatically receives a license from the original licensor to copy, distribute or modify the Program subject to these terms and conditions. You may not impose any further restrictions on the recipients' exercise of the rights granted herein. You are not responsible for enforcing compliance by third parties to this License. 7. If, as a consequence of a court judgment or allegation of patent infringement or for any other reason (not limited to patent issues), conditions are imposed on you (whether by court order, agreement or otherwise) that contradict the conditions of this License, they do not excuse you from the conditions of this License. If you cannot distribute so as to satisfy simultaneously your obligations under this License and any other pertinent obligations, then as a consequence you may not distribute the Program at all. For example, if a patent license would not permit royalty-free redistribution of the Program by all those who receive copies directly or indirectly through you, then the only way you could satisfy both it and this License would be to refrain entirely from distribution of the Program. If any portion of this section is held invalid or unenforceable under any particular circumstance, the balance of the section is intended to apply and the section as a whole is intended to apply in other circumstances. It is not the purpose of this section to induce you to infringe any patents or other property right claims or to contest validity of any such claims; this section has the sole purpose of protecting the integrity of the free software distribution system, which is implemented by public license practices. Many people have made generous contributions to the wide range of software distributed through that system in reliance on consistent application of that system; it is up to the author/donor to decide if he or she is willing to distribute software through any other system and a licensee cannot impose that choice. This section is intended to make thoroughly clear what is believed to be a consequence of the rest of this License. 8. If the distribution and/or use of the Program is restricted in certain countries either by patents or by copyrighted interfaces, the original copyright holder who places the Program under this License may add an explicit geographical distribution limitation excluding those countries, so that distribution is permitted only in or among countries not thus excluded. In such case, this License incorporates the limitation as if written in the body of this License. 9. The Free Software Foundation may publish revised and/or new versions of the General Public License from time to time. Such new versions will be similar in spirit to the present version, but may differ in detail to address new problems or concerns. Each version is given a distinguishing version number. If the Program specifies a version number of this License which applies to it and "any later version", you have the option of following the terms and conditions either of that version or of any later version published by the Free Software Foundation. If the Program does not specify a version number of this License, you may choose any version ever published by the Free Software Foundation. 10. If you wish to incorporate parts of the Program into other free programs whose distribution conditions are different, write to the author to ask for permission. For software which is copyrighted by the Free Software Foundation, write to the Free Software Foundation; we sometimes make exceptions for this. Our decision will be guided by the two goals of preserving the free status of all derivatives of our free software and of promoting the sharing and reuse of software generally. NO WARRANTY 11. BECAUSE THE PROGRAM IS LICENSED FREE OF CHARGE, THERE IS NO WARRANTY FOR THE PROGRAM, TO THE EXTENT PERMITTED BY APPLICABLE LAW. EXCEPT WHEN OTHERWISE STATED IN WRITING THE COPYRIGHT HOLDERS AND/OR OTHER PARTIES PROVIDE THE PROGRAM "AS IS" WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. THE ENTIRE RISK AS TO THE QUALITY AND PERFORMANCE OF THE PROGRAM IS WITH YOU. SHOULD THE PROGRAM PROVE DEFECTIVE, YOU ASSUME THE COST OF ALL NECESSARY SERVICING, REPAIR OR CORRECTION. 12. IN NO EVENT UNLESS REQUIRED BY APPLICABLE LAW OR AGREED TO IN WRITING WILL ANY COPYRIGHT HOLDER, OR ANY OTHER PARTY WHO MAY MODIFY AND/OR REDISTRIBUTE THE PROGRAM AS PERMITTED ABOVE, BE LIABLE TO YOU FOR DAMAGES, INCLUDING ANY GENERAL, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF THE USE OR INABILITY TO USE THE PROGRAM (INCLUDING BUT NOT LIMITED TO LOSS OF DATA OR DATA BEING RENDERED INACCURATE OR LOSSES SUSTAINED BY YOU OR THIRD PARTIES OR A FAILURE OF THE PROGRAM TO OPERATE WITH ANY OTHER PROGRAMS), EVEN IF SUCH HOLDER OR OTHER PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. END OF TERMS AND CONDITIONS YOU ACKNOWLEDGE THAT YOU HAVE READ THIS AGREEMENT (INCLUDING THE EXHIBITS) AND UNDERSTAND IT, AND THAT BY CLICKING ON THE "ACCEPT" BUTTON BELOW AND INSTALLING/DOWNLOADING THE SOFTWARE YOU ACCEPT AND AGREE TO BE BOUND BY THE TERMS AND CONDITIONS OF THIS AGREEMENT. Plan 9 Open Source License - Version 1.4 - 09/10/02 1