| Copyright © 2000-2009 Lucent Technologies. All Rights Reserved. |
| Portions Copyright © 2001-2008 Russ Cox |
| Portions Copyright © 2008-2009 Google Inc. |
| |
| =================================================================== |
| |
| The bulk of this software is derived from Plan 9 and is thus distributed |
| under the Lucent Public License, Version 1.02, reproduced below. |
| |
| There are a few exceptions: libutf, libfmt, and libregexp are distributed |
| under simpler BSD-like boilerplates. See the LICENSE files in those |
| directories. There are other exceptions, also marked with LICENSE files |
| in their directories or marked at the top of the file. |
| |
| The bitmap fonts in the font/luc, font/lucm, font/lucsans, and font/pelm |
| directory are copyright B&H Inc. and distributed under more restricted |
| terms under agreement with B&H. See the NOTICE file in those directories. |
| |
| =================================================================== |
| |
| 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. |
| |