LICENSE 12 KB

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