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- The Plan 9 software is provided under the terms of the
- Lucent Public License, Version 1.02, reproduced below,
- with the following exceptions:
- 1. No right is granted to create derivative works of or
- to redistribute (other than with the Plan 9 Operating System)
- 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.
- These directories contain material copyrights by B&H Inc. and Y&Y Inc.
- 2. The printer fonts identified in subdirectory /sys/lib/ghostscript/font
- are subject to the GNU GPL, reproduced in the file /LICENSE.gpl.
- ===================================================================
- Lucent Public License Version 1.02
- THE ACCOMPANYING PROGRAM IS PROVIDED UNDER THE TERMS OF THIS PUBLIC
- LICENSE ("AGREEMENT"). ANY USE, REPRODUCTION OR DISTRIBUTION OF THE
- PROGRAM CONSTITUTES RECIPIENT'S ACCEPTANCE OF THIS AGREEMENT.
- 1. DEFINITIONS
- "Contribution" means:
- a. in the case of Lucent Technologies Inc. ("LUCENT"), the Original
- Program, and
- b. in the case of each Contributor,
- i. changes to the Program, and
- ii. additions to the Program;
- where such changes and/or additions to the Program were added to the
- Program by such Contributor itself or anyone acting on such
- Contributor's behalf, and the Contributor explicitly consents, in
- accordance with Section 3C, to characterization of the changes and/or
- additions as Contributions.
- "Contributor" means LUCENT and any other entity that has Contributed a
- Contribution to the Program.
- "Distributor" means a Recipient that distributes the Program,
- modifications to the Program, or any part thereof.
- "Licensed Patents" mean patent claims licensable by a Contributor
- which are necessarily infringed by the use or sale of its Contribution
- alone or when combined with the Program.
- "Original Program" means the original version of the software
- accompanying this Agreement as released by LUCENT, including source
- code, object code and documentation, if any.
- "Program" means the Original Program and Contributions or any part
- thereof
- "Recipient" means anyone who receives the Program under this
- Agreement, including all Contributors.
- 2. GRANT OF RIGHTS
- a. Subject to the terms of this Agreement, each Contributor hereby
- grants Recipient a non-exclusive, worldwide, royalty-free copyright
- license to reproduce, prepare derivative works of, publicly display,
- publicly perform, distribute and sublicense the Contribution of such
- Contributor, if any, and such derivative works, in source code and
- object code form.
-
- b. Subject to the terms of this Agreement, each Contributor hereby
- grants Recipient a non-exclusive, worldwide, royalty-free patent
- license under Licensed Patents to make, use, sell, offer to sell,
- import and otherwise transfer the Contribution of such Contributor, if
- any, in source code and object code form. The patent license granted
- by a Contributor shall also apply to the combination of the
- Contribution of that Contributor and the Program if, at the time the
- Contribution is added by the Contributor, such addition of the
- Contribution causes such combination to be covered by the Licensed
- Patents. The patent license granted by a Contributor shall not apply
- to (i) any other combinations which include the Contribution, nor to
- (ii) Contributions of other Contributors. No hardware per se is
- licensed hereunder.
-
- c. Recipient understands that although each Contributor grants the
- licenses to its Contributions set forth herein, no assurances are
- provided by any Contributor that the Program does not infringe the
- patent or other intellectual property rights of any other entity. Each
- Contributor disclaims any liability to Recipient for claims brought by
- any other entity based on infringement of intellectual property rights
- or otherwise. As a condition to exercising the rights and licenses
- granted hereunder, each Recipient hereby assumes sole responsibility
- to secure any other intellectual property rights needed, if any. For
- example, if a third party patent license is required to allow
- Recipient to distribute the Program, it is Recipient's responsibility
- to acquire that license before distributing the Program.
- d. Each Contributor represents that to its knowledge it has sufficient
- copyright rights in its Contribution, if any, to grant the copyright
- license set forth in this Agreement.
- 3. REQUIREMENTS
- A. Distributor may choose to distribute the Program in any form under
- this Agreement or under its own license agreement, provided that:
- a. it complies with the terms and conditions of this Agreement;
- b. if the Program is distributed in source code or other tangible
- form, a copy of this Agreement or Distributor's own license agreement
- is included with each copy of the Program; and
- c. if distributed under Distributor's own license agreement, such
- license agreement:
- i. effectively disclaims on behalf of all Contributors all warranties
- and conditions, express and implied, including warranties or
- conditions of title and non-infringement, and implied warranties or
- conditions of merchantability and fitness for a particular purpose;
- ii. effectively excludes on behalf of all Contributors all liability
- for damages, including direct, indirect, special, incidental and
- consequential damages, such as lost profits; and
- iii. states that any provisions which differ from this Agreement are
- offered by that Contributor alone and not by any other party.
- B. Each Distributor must include the following in a conspicuous
- location in the Program:
- Copyright (C) 2003, Lucent Technologies Inc. and others. All Rights
- Reserved.
- C. In addition, each Contributor must identify itself as the
- originator of its Contribution in a manner that reasonably allows
- subsequent Recipients to identify the originator of the Contribution.
- Also, each Contributor must agree that the additions and/or changes
- are intended to be a Contribution. Once a Contribution is contributed,
- it may not thereafter be revoked.
- 4. COMMERCIAL DISTRIBUTION
- Commercial distributors of software may accept certain
- responsibilities with respect to end users, business partners and the
- like. While this license is intended to facilitate the commercial use
- of the Program, the Distributor who includes the Program in a
- commercial product offering should do so in a manner which does not
- create potential liability for Contributors. Therefore, if a
- Distributor includes the Program in a commercial product offering,
- such Distributor ("Commercial Distributor") hereby agrees to defend
- and indemnify every Contributor ("Indemnified Contributor") against
- any losses, damages and costs (collectively"Losses") arising from
- claims, lawsuits and other legal actions brought by a third party
- against the Indemnified Contributor to the extent caused by the acts
- or omissions of such Commercial Distributor in connection with its
- distribution of the Program in a commercial product offering. The
- obligations in this section do not apply to any claims or Losses
- relating to any actual or alleged intellectual property infringement.
- In order to qualify, an Indemnified Contributor must: a) promptly
- notify the Commercial Distributor in writing of such claim, and b)
- allow the Commercial Distributor to control, and cooperate with the
- Commercial Distributor in, the defense and any related settlement
- negotiations. The Indemnified Contributor may participate in any such
- claim at its own expense.
- For example, a Distributor might include the Program in a commercial
- product offering, Product X. That Distributor is then a Commercial
- Distributor. If that Commercial Distributor then makes performance
- claims, or offers warranties related to Product X, those performance
- claims and warranties are such Commercial Distributor's responsibility
- alone. Under this section, the Commercial Distributor would have to
- defend claims against the Contributors related to those performance
- claims and warranties, and if a court requires any Contributor to pay
- any damages as a result, the Commercial Distributor must pay those
- damages.
- 5. NO WARRANTY
- EXCEPT AS EXPRESSLY SET FORTH IN THIS AGREEMENT, THE PROGRAM IS
- PROVIDED ON AN"AS IS" BASIS, WITHOUT WARRANTIES OR CONDITIONS OF ANY
- KIND, EITHER EXPRESS OR IMPLIED INCLUDING, WITHOUT LIMITATION, ANY
- WARRANTIES OR CONDITIONS OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY
- OR FITNESS FOR A PARTICULAR PURPOSE. Each Recipient is solely
- responsible for determining the appropriateness of using and
- distributing the Program and assumes all risks associated with its
- exercise of rights under this Agreement, including but not limited to
- the risks and costs of program errors, compliance with applicable
- laws, damage to or loss of data, programs or equipment, and
- unavailability or interruption of operations.
- 6. DISCLAIMER OF LIABILITY
- EXCEPT AS EXPRESSLY SET FORTH IN THIS AGREEMENT, NEITHER RECIPIENT NOR
- ANY CONTRIBUTORS SHALL HAVE ANY LIABILITY FOR ANY DIRECT, INDIRECT,
- INCIDENTAL, SPECIAL, EXEMPLARY, OR CONSEQUENTIAL DAMAGES (INCLUDING
- WITHOUT LIMITATION LOST PROFITS), HOWEVER CAUSED AND ON ANY THEORY OF
- LIABILITY, WHETHER IN CONTRACT, STRICT LIABILITY, OR TORT (INCLUDING
- NEGLIGENCE OR OTHERWISE) ARISING IN ANY WAY OUT OF THE USE OR
- DISTRIBUTION OF THE PROGRAM OR THE EXERCISE OF ANY RIGHTS GRANTED
- HEREUNDER, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
- 7. EXPORT CONTROL
- Recipient agrees that Recipient alone is responsible for compliance
- with the United States export administration regulations (and the
- export control laws and regulation of any other countries).
- 8. GENERAL
- If any provision of this Agreement is invalid or unenforceable under
- applicable law, it shall not affect the validity or enforceability of
- the remainder of the terms of this Agreement, and without further
- action by the parties hereto, such provision shall be reformed to the
- minimum extent necessary to make such provision valid and enforceable.
- If Recipient institutes patent litigation against a Contributor with
- respect to a patent applicable to software (including a cross-claim or
- counterclaim in a lawsuit), then any patent licenses granted by that
- Contributor to such Recipient under this Agreement shall terminate as
- of the date such litigation is filed. In addition, if Recipient
- institutes patent litigation against any entity (including a
- cross-claim or counterclaim in a lawsuit) alleging that the Program
- itself (excluding combinations of the Program with other software or
- hardware) infringes such Recipient's patent(s), then such Recipient's
- rights granted under Section 2(b) shall terminate as of the date such
- litigation is filed.
- All Recipient's rights under this Agreement shall terminate if it
- fails to comply with any of the material terms or conditions of this
- Agreement and does not cure such failure in a reasonable period of
- time after becoming aware of such noncompliance. If all Recipient's
- rights under this Agreement terminate, Recipient agrees to cease use
- and distribution of the Program as soon as reasonably practicable.
- However, Recipient's obligations under this Agreement and any licenses
- granted by Recipient relating to the Program shall continue and
- survive.
- LUCENT may publish new versions (including revisions) of this
- Agreement from time to time. Each new version of the Agreement will be
- given a distinguishing version number. The Program (including
- Contributions) may always be distributed subject to the version of the
- Agreement under which it was received. In addition, after a new
- version of the Agreement is published, Contributor may elect to
- distribute the Program (including its Contributions) under the new
- version. No one other than LUCENT has the right to modify this
- Agreement. Except as expressly stated in Sections 2(a) and 2(b) above,
- Recipient receives no rights or licenses to the intellectual property
- of any Contributor under this Agreement, whether expressly, by
- implication, estoppel or otherwise. All rights in the Program not
- expressly granted under this Agreement are reserved.
- This Agreement is governed by the laws of the State of New York and
- the intellectual property laws of the United States of America. No
- party to this Agreement will bring a legal action under this Agreement
- more than one year after the cause of action arose. Each party waives
- its rights to a jury trial in any resulting litigation.
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