rsc | 00b80ed | 2003-10-11 02:59:10 +0000 | [diff] [blame] | 1 | The bulk of this software is derived from Plan 9 and is thus distributed |
| 2 | under the Lucent Public License, Version 1.02, reproduced below. |
rsc | 76193d7 | 2003-09-30 17:47:42 +0000 | [diff] [blame] | 3 | |
rsc | 00b80ed | 2003-10-11 02:59:10 +0000 | [diff] [blame] | 4 | There are a few exceptions: libutf, libfmt, and libregexp are distributed |
rsc | a3c5df5 | 2003-10-11 04:53:14 +0000 | [diff] [blame] | 5 | under simpler BSD-like boilerplates. See the LICENSE files in those |
rsc | d51419b | 2004-02-09 19:33:05 +0000 | [diff] [blame] | 6 | directories. There are other exceptions, also marked with LICENSE files |
| 7 | in their directories. |
rsc | 00b80ed | 2003-10-11 02:59:10 +0000 | [diff] [blame] | 8 | |
rsc | 17157e4 | 2006-03-20 02:25:59 +0000 | [diff] [blame] | 9 | The bitmap fonts in the font/luc, font/lucm, font/lucsans, and font/pelm |
| 10 | directory are copyright B&H Inc. and distributed under more restricted |
| 11 | terms under agreement with B&H. See the NOTICE file in those directories. |
rsc | 76193d7 | 2003-09-30 17:47:42 +0000 | [diff] [blame] | 12 | |
| 13 | =================================================================== |
| 14 | |
| 15 | Lucent Public License Version 1.02 |
| 16 | |
| 17 | THE ACCOMPANYING PROGRAM IS PROVIDED UNDER THE TERMS OF THIS PUBLIC |
| 18 | LICENSE ("AGREEMENT"). ANY USE, REPRODUCTION OR DISTRIBUTION OF THE |
| 19 | PROGRAM CONSTITUTES RECIPIENT'S ACCEPTANCE OF THIS AGREEMENT. |
| 20 | |
| 21 | 1. DEFINITIONS |
| 22 | |
| 23 | "Contribution" means: |
| 24 | |
| 25 | a. in the case of Lucent Technologies Inc. ("LUCENT"), the Original |
| 26 | Program, and |
| 27 | b. in the case of each Contributor, |
| 28 | |
| 29 | i. changes to the Program, and |
| 30 | ii. additions to the Program; |
| 31 | |
| 32 | where such changes and/or additions to the Program were added to the |
| 33 | Program by such Contributor itself or anyone acting on such |
| 34 | Contributor's behalf, and the Contributor explicitly consents, in |
| 35 | accordance with Section 3C, to characterization of the changes and/or |
| 36 | additions as Contributions. |
| 37 | |
| 38 | "Contributor" means LUCENT and any other entity that has Contributed a |
| 39 | Contribution to the Program. |
| 40 | |
| 41 | "Distributor" means a Recipient that distributes the Program, |
| 42 | modifications to the Program, or any part thereof. |
| 43 | |
| 44 | "Licensed Patents" mean patent claims licensable by a Contributor |
| 45 | which are necessarily infringed by the use or sale of its Contribution |
| 46 | alone or when combined with the Program. |
| 47 | |
| 48 | "Original Program" means the original version of the software |
| 49 | accompanying this Agreement as released by LUCENT, including source |
| 50 | code, object code and documentation, if any. |
| 51 | |
| 52 | "Program" means the Original Program and Contributions or any part |
| 53 | thereof |
| 54 | |
| 55 | "Recipient" means anyone who receives the Program under this |
| 56 | Agreement, including all Contributors. |
| 57 | |
| 58 | 2. GRANT OF RIGHTS |
| 59 | |
| 60 | a. Subject to the terms of this Agreement, each Contributor hereby |
| 61 | grants Recipient a non-exclusive, worldwide, royalty-free copyright |
| 62 | license to reproduce, prepare derivative works of, publicly display, |
| 63 | publicly perform, distribute and sublicense the Contribution of such |
| 64 | Contributor, if any, and such derivative works, in source code and |
| 65 | object code form. |
| 66 | |
| 67 | b. Subject to the terms of this Agreement, each Contributor hereby |
| 68 | grants Recipient a non-exclusive, worldwide, royalty-free patent |
| 69 | license under Licensed Patents to make, use, sell, offer to sell, |
| 70 | import and otherwise transfer the Contribution of such Contributor, if |
| 71 | any, in source code and object code form. The patent license granted |
| 72 | by a Contributor shall also apply to the combination of the |
| 73 | Contribution of that Contributor and the Program if, at the time the |
| 74 | Contribution is added by the Contributor, such addition of the |
| 75 | Contribution causes such combination to be covered by the Licensed |
| 76 | Patents. The patent license granted by a Contributor shall not apply |
| 77 | to (i) any other combinations which include the Contribution, nor to |
| 78 | (ii) Contributions of other Contributors. No hardware per se is |
| 79 | licensed hereunder. |
| 80 | |
| 81 | c. Recipient understands that although each Contributor grants the |
| 82 | licenses to its Contributions set forth herein, no assurances are |
| 83 | provided by any Contributor that the Program does not infringe the |
| 84 | patent or other intellectual property rights of any other entity. Each |
| 85 | Contributor disclaims any liability to Recipient for claims brought by |
| 86 | any other entity based on infringement of intellectual property rights |
| 87 | or otherwise. As a condition to exercising the rights and licenses |
| 88 | granted hereunder, each Recipient hereby assumes sole responsibility |
| 89 | to secure any other intellectual property rights needed, if any. For |
| 90 | example, if a third party patent license is required to allow |
| 91 | Recipient to distribute the Program, it is Recipient's responsibility |
| 92 | to acquire that license before distributing the Program. |
| 93 | |
| 94 | d. Each Contributor represents that to its knowledge it has sufficient |
| 95 | copyright rights in its Contribution, if any, to grant the copyright |
| 96 | license set forth in this Agreement. |
| 97 | |
| 98 | 3. REQUIREMENTS |
| 99 | |
| 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 | |
| 103 | a. it complies with the terms and conditions of this Agreement; |
| 104 | |
| 105 | b. if the Program is distributed in source code or other tangible |
| 106 | form, a copy of this Agreement or Distributor's own license agreement |
| 107 | is included with each copy of the Program; and |
| 108 | |
| 109 | c. if distributed under Distributor's own license agreement, such |
| 110 | license agreement: |
| 111 | |
| 112 | i. effectively disclaims on behalf of all Contributors all warranties |
| 113 | and conditions, express and implied, including warranties or |
| 114 | conditions of title and non-infringement, and implied warranties or |
| 115 | conditions of merchantability and fitness for a particular purpose; |
| 116 | ii. effectively excludes on behalf of all Contributors all liability |
| 117 | for damages, including direct, indirect, special, incidental and |
| 118 | consequential damages, such as lost profits; and |
| 119 | iii. states that any provisions which differ from this Agreement are |
| 120 | offered by that Contributor alone and not by any other party. |
| 121 | |
| 122 | B. Each Distributor must include the following in a conspicuous |
| 123 | location in the Program: |
| 124 | |
| 125 | Copyright (C) 2003, Lucent Technologies Inc. and others. All Rights |
| 126 | Reserved. |
| 127 | |
| 128 | C. In addition, each Contributor must identify itself as the |
| 129 | originator of its Contribution in a manner that reasonably allows |
| 130 | subsequent Recipients to identify the originator of the Contribution. |
| 131 | Also, each Contributor must agree that the additions and/or changes |
| 132 | are intended to be a Contribution. Once a Contribution is contributed, |
| 133 | it may not thereafter be revoked. |
| 134 | |
| 135 | 4. COMMERCIAL DISTRIBUTION |
| 136 | |
| 137 | Commercial distributors of software may accept certain |
| 138 | responsibilities with respect to end users, business partners and the |
| 139 | like. While this license is intended to facilitate the commercial use |
| 140 | of the Program, the Distributor who includes the Program in a |
| 141 | commercial product offering should do so in a manner which does not |
| 142 | create potential liability for Contributors. Therefore, if a |
| 143 | Distributor includes the Program in a commercial product offering, |
| 144 | such Distributor ("Commercial Distributor") hereby agrees to defend |
| 145 | and indemnify every Contributor ("Indemnified Contributor") against |
| 146 | any losses, damages and costs (collectively"Losses") arising from |
| 147 | claims, lawsuits and other legal actions brought by a third party |
| 148 | against the Indemnified Contributor to the extent caused by the acts |
| 149 | or omissions of such Commercial Distributor in connection with its |
| 150 | distribution of the Program in a commercial product offering. The |
| 151 | obligations in this section do not apply to any claims or Losses |
| 152 | relating to any actual or alleged intellectual property infringement. |
| 153 | In order to qualify, an Indemnified Contributor must: a) promptly |
| 154 | notify the Commercial Distributor in writing of such claim, and b) |
| 155 | allow the Commercial Distributor to control, and cooperate with the |
| 156 | Commercial Distributor in, the defense and any related settlement |
| 157 | negotiations. The Indemnified Contributor may participate in any such |
| 158 | claim at its own expense. |
| 159 | |
| 160 | For example, a Distributor might include the Program in a commercial |
| 161 | product offering, Product X. That Distributor is then a Commercial |
| 162 | Distributor. If that Commercial Distributor then makes performance |
| 163 | claims, or offers warranties related to Product X, those performance |
| 164 | claims and warranties are such Commercial Distributor's responsibility |
| 165 | alone. Under this section, the Commercial Distributor would have to |
| 166 | defend claims against the Contributors related to those performance |
| 167 | claims and warranties, and if a court requires any Contributor to pay |
| 168 | any damages as a result, the Commercial Distributor must pay those |
| 169 | damages. |
| 170 | |
| 171 | 5. NO WARRANTY |
| 172 | |
| 173 | EXCEPT AS EXPRESSLY SET FORTH IN THIS AGREEMENT, THE PROGRAM IS |
| 174 | PROVIDED ON AN"AS IS" BASIS, WITHOUT WARRANTIES OR CONDITIONS OF ANY |
| 175 | KIND, EITHER EXPRESS OR IMPLIED INCLUDING, WITHOUT LIMITATION, ANY |
| 176 | WARRANTIES OR CONDITIONS OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY |
| 177 | OR FITNESS FOR A PARTICULAR PURPOSE. Each Recipient is solely |
| 178 | responsible for determining the appropriateness of using and |
| 179 | distributing the Program and assumes all risks associated with its |
| 180 | exercise of rights under this Agreement, including but not limited to |
| 181 | the risks and costs of program errors, compliance with applicable |
| 182 | laws, damage to or loss of data, programs or equipment, and |
| 183 | unavailability or interruption of operations. |
| 184 | |
| 185 | 6. DISCLAIMER OF LIABILITY |
| 186 | |
| 187 | EXCEPT AS EXPRESSLY SET FORTH IN THIS AGREEMENT, NEITHER RECIPIENT NOR |
| 188 | ANY CONTRIBUTORS SHALL HAVE ANY LIABILITY FOR ANY DIRECT, INDIRECT, |
| 189 | INCIDENTAL, SPECIAL, EXEMPLARY, OR CONSEQUENTIAL DAMAGES (INCLUDING |
| 190 | WITHOUT LIMITATION LOST PROFITS), HOWEVER CAUSED AND ON ANY THEORY OF |
| 191 | LIABILITY, WHETHER IN CONTRACT, STRICT LIABILITY, OR TORT (INCLUDING |
| 192 | NEGLIGENCE OR OTHERWISE) ARISING IN ANY WAY OUT OF THE USE OR |
| 193 | DISTRIBUTION OF THE PROGRAM OR THE EXERCISE OF ANY RIGHTS GRANTED |
| 194 | HEREUNDER, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. |
| 195 | |
| 196 | 7. EXPORT CONTROL |
| 197 | |
| 198 | Recipient agrees that Recipient alone is responsible for compliance |
| 199 | with the United States export administration regulations (and the |
| 200 | export control laws and regulation of any other countries). |
| 201 | |
| 202 | 8. GENERAL |
| 203 | |
| 204 | If any provision of this Agreement is invalid or unenforceable under |
| 205 | applicable law, it shall not affect the validity or enforceability of |
| 206 | the remainder of the terms of this Agreement, and without further |
| 207 | action by the parties hereto, such provision shall be reformed to the |
| 208 | minimum extent necessary to make such provision valid and enforceable. |
| 209 | |
| 210 | If Recipient institutes patent litigation against a Contributor with |
| 211 | respect to a patent applicable to software (including a cross-claim or |
| 212 | counterclaim in a lawsuit), then any patent licenses granted by that |
| 213 | Contributor to such Recipient under this Agreement shall terminate as |
| 214 | of the date such litigation is filed. In addition, if Recipient |
| 215 | institutes patent litigation against any entity (including a |
| 216 | cross-claim or counterclaim in a lawsuit) alleging that the Program |
| 217 | itself (excluding combinations of the Program with other software or |
| 218 | hardware) infringes such Recipient's patent(s), then such Recipient's |
| 219 | rights granted under Section 2(b) shall terminate as of the date such |
| 220 | litigation is filed. |
| 221 | |
| 222 | All Recipient's rights under this Agreement shall terminate if it |
| 223 | fails to comply with any of the material terms or conditions of this |
| 224 | Agreement and does not cure such failure in a reasonable period of |
| 225 | time after becoming aware of such noncompliance. If all Recipient's |
| 226 | rights under this Agreement terminate, Recipient agrees to cease use |
| 227 | and distribution of the Program as soon as reasonably practicable. |
| 228 | However, Recipient's obligations under this Agreement and any licenses |
| 229 | granted by Recipient relating to the Program shall continue and |
| 230 | survive. |
| 231 | |
| 232 | LUCENT may publish new versions (including revisions) of this |
| 233 | Agreement from time to time. Each new version of the Agreement will be |
| 234 | given a distinguishing version number. The Program (including |
| 235 | Contributions) may always be distributed subject to the version of the |
| 236 | Agreement under which it was received. In addition, after a new |
| 237 | version of the Agreement is published, Contributor may elect to |
| 238 | distribute the Program (including its Contributions) under the new |
| 239 | version. No one other than LUCENT has the right to modify this |
| 240 | Agreement. Except as expressly stated in Sections 2(a) and 2(b) above, |
| 241 | Recipient receives no rights or licenses to the intellectual property |
| 242 | of any Contributor under this Agreement, whether expressly, by |
| 243 | implication, estoppel or otherwise. All rights in the Program not |
| 244 | expressly granted under this Agreement are reserved. |
| 245 | |
| 246 | This Agreement is governed by the laws of the State of New York and |
| 247 | the intellectual property laws of the United States of America. No |
| 248 | party to this Agreement will bring a legal action under this Agreement |
| 249 | more than one year after the cause of action arose. Each party waives |
| 250 | its rights to a jury trial in any resulting litigation. |
| 251 | |