LICENSE 14 KB

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  1. The University of California, Berkeley, has been authorised by
  2. Alcatel-Lucent to release all Plan 9 software previously governed by
  3. the Lucent Public License, Version 1.02 under the GNU General
  4. Public License, Version 2.
  5. You can redistribute it and/or modify it under the terms of the GNU
  6. General Public License as published by the Free Software Foundation;
  7. version 2 of the License.
  8. This program is distributed in the hope that it will be useful, but
  9. WITHOUT ANY WARRANTY; without even the implied warranty of
  10. MERCHANTABILITY or FITNESS FOR A PARTICULAR PURPOSE. See the GNU
  11. General Public License for more details.
  12. You should have received a copy of the GNU General Public License
  13. along with this program; if not, write to the Free Software
  14. Foundation, Inc., 51 Franklin St, Fifth Floor, Boston, MA 02110-1301
  15. USA
  16. The Plan 9 software is provided under the terms of the
  17. Lucent Public License, Version 1.02, reproduced below,
  18. with the following notable exceptions:
  19. 1. No right is granted to create derivative works of or
  20. to redistribute (other than with the Plan 9 Operating System)
  21. the screen imprinter fonts identified in subdirectory
  22. /lib/font/bit/lucida and printer fonts (Lucida Sans Unicode, Lucida
  23. Sans Italic, Lucida Sans Demibold, Lucida Typewriter, Lucida Sans
  24. Typewriter83), identified in subdirectory /sys/lib/postscript/font.
  25. These directories contain material copyrights by B&H Inc. and Y&Y Inc.
  26. 2. The printer fonts identified in subdirectory /sys/lib/ghostscript/font
  27. are subject to the GNU GPL, reproduced in the file /LICENSE.gpl.
  28. 3. The ghostscript program in the subdirectory /sys/src/cmd/gs is
  29. covered by the Aladdin Free Public License, reproduced in the file
  30. /LICENSE.afpl.
  31. Other, less notable exceptions are marked in the file tree with
  32. COPYING, COPYRIGHT, or LICENSE files.
  33. ===================================================================
  34. Lucent Public License Version 1.02
  35. THE ACCOMPANYING PROGRAM IS PROVIDED UNDER THE TERMS OF THIS PUBLIC
  36. LICENSE ("AGREEMENT"). ANY USE, REPRODUCTION OR DISTRIBUTION OF THE
  37. PROGRAM CONSTITUTES RECIPIENT'S ACCEPTANCE OF THIS AGREEMENT.
  38. 1. DEFINITIONS
  39. "Contribution" means:
  40. a. in the case of Lucent Technologies Inc. ("LUCENT"), the Original
  41. Program, and
  42. b. in the case of each Contributor,
  43. i. changes to the Program, and
  44. ii. additions to the Program;
  45. where such changes and/or additions to the Program were added to the
  46. Program by such Contributor itself or anyone acting on such
  47. Contributor's behalf, and the Contributor explicitly consents, in
  48. accordance with Section 3C, to characterization of the changes and/or
  49. additions as Contributions.
  50. "Contributor" means LUCENT and any other entity that has Contributed a
  51. Contribution to the Program.
  52. "Distributor" means a Recipient that distributes the Program,
  53. modifications to the Program, or any part thereof.
  54. "Licensed Patents" mean patent claims licensable by a Contributor
  55. which are necessarily infringed by the use or sale of its Contribution
  56. alone or when combined with the Program.
  57. "Original Program" means the original version of the software
  58. accompanying this Agreement as released by LUCENT, including source
  59. code, object code and documentation, if any.
  60. "Program" means the Original Program and Contributions or any part
  61. thereof
  62. "Recipient" means anyone who receives the Program under this
  63. Agreement, including all Contributors.
  64. 2. GRANT OF RIGHTS
  65. a. Subject to the terms of this Agreement, each Contributor hereby
  66. grants Recipient a non-exclusive, worldwide, royalty-free copyright
  67. license to reproduce, prepare derivative works of, publicly display,
  68. publicly perform, distribute and sublicense the Contribution of such
  69. Contributor, if any, and such derivative works, in source code and
  70. object code form.
  71. b. Subject to the terms of this Agreement, each Contributor hereby
  72. grants Recipient a non-exclusive, worldwide, royalty-free patent
  73. license under Licensed Patents to make, use, sell, offer to sell,
  74. import and otherwise transfer the Contribution of such Contributor, if
  75. any, in source code and object code form. The patent license granted
  76. by a Contributor shall also apply to the combination of the
  77. Contribution of that Contributor and the Program if, at the time the
  78. Contribution is added by the Contributor, such addition of the
  79. Contribution causes such combination to be covered by the Licensed
  80. Patents. The patent license granted by a Contributor shall not apply
  81. to (i) any other combinations which include the Contribution, nor to
  82. (ii) Contributions of other Contributors. No hardware per se is
  83. licensed hereunder.
  84. c. Recipient understands that although each Contributor grants the
  85. licenses to its Contributions set forth herein, no assurances are
  86. provided by any Contributor that the Program does not infringe the
  87. patent or other intellectual property rights of any other entity. Each
  88. Contributor disclaims any liability to Recipient for claims brought by
  89. any other entity based on infringement of intellectual property rights
  90. or otherwise. As a condition to exercising the rights and licenses
  91. granted hereunder, each Recipient hereby assumes sole responsibility
  92. to secure any other intellectual property rights needed, if any. For
  93. example, if a third party patent license is required to allow
  94. Recipient to distribute the Program, it is Recipient's responsibility
  95. to acquire that license before distributing the Program.
  96. d. Each Contributor represents that to its knowledge it has sufficient
  97. copyright rights in its Contribution, if any, to grant the copyright
  98. license set forth in this Agreement.
  99. 3. REQUIREMENTS
  100. A. Distributor may choose to distribute the Program in any form under
  101. this Agreement or under its own license agreement, provided that:
  102. a. it complies with the terms and conditions of this Agreement;
  103. b. if the Program is distributed in source code or other tangible
  104. form, a copy of this Agreement or Distributor's own license agreement
  105. is included with each copy of the Program; and
  106. c. if distributed under Distributor's own license agreement, such
  107. license agreement:
  108. i. effectively disclaims on behalf of all Contributors all warranties
  109. and conditions, express and implied, including warranties or
  110. conditions of title and non-infringement, and implied warranties or
  111. conditions of merchantability and fitness for a particular purpose;
  112. ii. effectively excludes on behalf of all Contributors all liability
  113. for damages, including direct, indirect, special, incidental and
  114. consequential damages, such as lost profits; and
  115. iii. states that any provisions which differ from this Agreement are
  116. offered by that Contributor alone and not by any other party.
  117. B. Each Distributor must include the following in a conspicuous
  118. location in the Program:
  119. Copyright (C) 2003, Lucent Technologies Inc. and others. All Rights
  120. Reserved.
  121. C. In addition, each Contributor must identify itself as the
  122. originator of its Contribution in a manner that reasonably allows
  123. subsequent Recipients to identify the originator of the Contribution.
  124. Also, each Contributor must agree that the additions and/or changes
  125. are intended to be a Contribution. Once a Contribution is contributed,
  126. it may not thereafter be revoked.
  127. 4. COMMERCIAL DISTRIBUTION
  128. Commercial distributors of software may accept certain
  129. responsibilities with respect to end users, business partners and the
  130. like. While this license is intended to facilitate the commercial use
  131. of the Program, the Distributor who includes the Program in a
  132. commercial product offering should do so in a manner which does not
  133. create potential liability for Contributors. Therefore, if a
  134. Distributor includes the Program in a commercial product offering,
  135. such Distributor ("Commercial Distributor") hereby agrees to defend
  136. and indemnify every Contributor ("Indemnified Contributor") against
  137. any losses, damages and costs (collectively"Losses") arising from
  138. claims, lawsuits and other legal actions brought by a third party
  139. against the Indemnified Contributor to the extent caused by the acts
  140. or omissions of such Commercial Distributor in connection with its
  141. distribution of the Program in a commercial product offering. The
  142. obligations in this section do not apply to any claims or Losses
  143. relating to any actual or alleged intellectual property infringement.
  144. In order to qualify, an Indemnified Contributor must: a) promptly
  145. notify the Commercial Distributor in writing of such claim, and b)
  146. allow the Commercial Distributor to control, and cooperate with the
  147. Commercial Distributor in, the defense and any related settlement
  148. negotiations. The Indemnified Contributor may participate in any such
  149. claim at its own expense.
  150. For example, a Distributor might include the Program in a commercial
  151. product offering, Product X. That Distributor is then a Commercial
  152. Distributor. If that Commercial Distributor then makes performance
  153. claims, or offers warranties related to Product X, those performance
  154. claims and warranties are such Commercial Distributor's responsibility
  155. alone. Under this section, the Commercial Distributor would have to
  156. defend claims against the Contributors related to those performance
  157. claims and warranties, and if a court requires any Contributor to pay
  158. any damages as a result, the Commercial Distributor must pay those
  159. damages.
  160. 5. NO WARRANTY
  161. EXCEPT AS EXPRESSLY SET FORTH IN THIS AGREEMENT, THE PROGRAM IS
  162. PROVIDED ON AN"AS IS" BASIS, WITHOUT WARRANTIES OR CONDITIONS OF ANY
  163. KIND, EITHER EXPRESS OR IMPLIED INCLUDING, WITHOUT LIMITATION, ANY
  164. WARRANTIES OR CONDITIONS OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY
  165. OR FITNESS FOR A PARTICULAR PURPOSE. Each Recipient is solely
  166. responsible for determining the appropriateness of using and
  167. distributing the Program and assumes all risks associated with its
  168. exercise of rights under this Agreement, including but not limited to
  169. the risks and costs of program errors, compliance with applicable
  170. laws, damage to or loss of data, programs or equipment, and
  171. unavailability or interruption of operations.
  172. 6. DISCLAIMER OF LIABILITY
  173. EXCEPT AS EXPRESSLY SET FORTH IN THIS AGREEMENT, NEITHER RECIPIENT NOR
  174. ANY CONTRIBUTORS SHALL HAVE ANY LIABILITY FOR ANY DIRECT, INDIRECT,
  175. INCIDENTAL, SPECIAL, EXEMPLARY, OR CONSEQUENTIAL DAMAGES (INCLUDING
  176. WITHOUT LIMITATION LOST PROFITS), HOWEVER CAUSED AND ON ANY THEORY OF
  177. LIABILITY, WHETHER IN CONTRACT, STRICT LIABILITY, OR TORT (INCLUDING
  178. NEGLIGENCE OR OTHERWISE) ARISING IN ANY WAY OUT OF THE USE OR
  179. DISTRIBUTION OF THE PROGRAM OR THE EXERCISE OF ANY RIGHTS GRANTED
  180. HEREUNDER, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
  181. 7. EXPORT CONTROL
  182. Recipient agrees that Recipient alone is responsible for compliance
  183. with the United States export administration regulations (and the
  184. export control laws and regulation of any other countries).
  185. 8. GENERAL
  186. If any provision of this Agreement is invalid or unenforceable under
  187. applicable law, it shall not affect the validity or enforceability of
  188. the remainder of the terms of this Agreement, and without further
  189. action by the parties hereto, such provision shall be reformed to the
  190. minimum extent necessary to make such provision valid and enforceable.
  191. If Recipient institutes patent litigation against a Contributor with
  192. respect to a patent applicable to software (including a cross-claim or
  193. counterclaim in a lawsuit), then any patent licenses granted by that
  194. Contributor to such Recipient under this Agreement shall terminate as
  195. of the date such litigation is filed. In addition, if Recipient
  196. institutes patent litigation against any entity (including a
  197. cross-claim or counterclaim in a lawsuit) alleging that the Program
  198. itself (excluding combinations of the Program with other software or
  199. hardware) infringes such Recipient's patent(s), then such Recipient's
  200. rights granted under Section 2(b) shall terminate as of the date such
  201. litigation is filed.
  202. All Recipient's rights under this Agreement shall terminate if it
  203. fails to comply with any of the material terms or conditions of this
  204. Agreement and does not cure such failure in a reasonable period of
  205. time after becoming aware of such noncompliance. If all Recipient's
  206. rights under this Agreement terminate, Recipient agrees to cease use
  207. and distribution of the Program as soon as reasonably practicable.
  208. However, Recipient's obligations under this Agreement and any licenses
  209. granted by Recipient relating to the Program shall continue and
  210. survive.
  211. LUCENT may publish new versions (including revisions) of this
  212. Agreement from time to time. Each new version of the Agreement will be
  213. given a distinguishing version number. The Program (including
  214. Contributions) may always be distributed subject to the version of the
  215. Agreement under which it was received. In addition, after a new
  216. version of the Agreement is published, Contributor may elect to
  217. distribute the Program (including its Contributions) under the new
  218. version. No one other than LUCENT has the right to modify this
  219. Agreement. Except as expressly stated in Sections 2(a) and 2(b) above,
  220. Recipient receives no rights or licenses to the intellectual property
  221. of any Contributor under this Agreement, whether expressly, by
  222. implication, estoppel or otherwise. All rights in the Program not
  223. expressly granted under this Agreement are reserved.
  224. This Agreement is governed by the laws of the State of New York and
  225. the intellectual property laws of the United States of America. No
  226. party to this Agreement will bring a legal action under this Agreement
  227. more than one year after the cause of action arose. Each party waives
  228. its rights to a jury trial in any resulting litigation.