blob: 996e6a2b24eae83d7d36294c7330331d4a7a92c5 [file] [log] [blame]
rsc00b80ed2003-10-11 02:59:10 +00001The bulk of this software is derived from Plan 9 and is thus distributed
2under the Lucent Public License, Version 1.02, reproduced below.
rsc76193d72003-09-30 17:47:42 +00003
rsc00b80ed2003-10-11 02:59:10 +00004There are a few exceptions: libutf, libfmt, and libregexp are distributed
rsca3c5df52003-10-11 04:53:14 +00005under simpler BSD-like boilerplates. See the LICENSE files in those
rscd51419b2004-02-09 19:33:05 +00006directories. There are other exceptions, also marked with LICENSE files
7in their directories.
rsc00b80ed2003-10-11 02:59:10 +00008
rsc17157e42006-03-20 02:25:59 +00009The bitmap fonts in the font/luc, font/lucm, font/lucsans, and font/pelm
10directory are copyright B&H Inc. and distributed under more restricted
11terms under agreement with B&H. See the NOTICE file in those directories.
rsc76193d72003-09-30 17:47:42 +000012
13===================================================================
14
15Lucent Public License Version 1.02
16
17THE ACCOMPANYING PROGRAM IS PROVIDED UNDER THE TERMS OF THIS PUBLIC
18LICENSE ("AGREEMENT"). ANY USE, REPRODUCTION OR DISTRIBUTION OF THE
19PROGRAM CONSTITUTES RECIPIENT'S ACCEPTANCE OF THIS AGREEMENT.
20
211. 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
39Contribution to the Program.
40
41"Distributor" means a Recipient that distributes the Program,
42modifications to the Program, or any part thereof.
43
44"Licensed Patents" mean patent claims licensable by a Contributor
45which are necessarily infringed by the use or sale of its Contribution
46alone or when combined with the Program.
47
48"Original Program" means the original version of the software
49accompanying this Agreement as released by LUCENT, including source
50code, object code and documentation, if any.
51
52"Program" means the Original Program and Contributions or any part
53thereof
54
55"Recipient" means anyone who receives the Program under this
56Agreement, including all Contributors.
57
582. 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
983. REQUIREMENTS
99
100A. Distributor may choose to distribute the Program in any form under
101this 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
122B. 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
128C. In addition, each Contributor must identify itself as the
129originator of its Contribution in a manner that reasonably allows
130subsequent Recipients to identify the originator of the Contribution.
131Also, each Contributor must agree that the additions and/or changes
132are intended to be a Contribution. Once a Contribution is contributed,
133it may not thereafter be revoked.
134
1354. COMMERCIAL DISTRIBUTION
136
137Commercial distributors of software may accept certain
138responsibilities with respect to end users, business partners and the
139like. While this license is intended to facilitate the commercial use
140of the Program, the Distributor who includes the Program in a
141commercial product offering should do so in a manner which does not
142create potential liability for Contributors. Therefore, if a
143Distributor includes the Program in a commercial product offering,
144such Distributor ("Commercial Distributor") hereby agrees to defend
145and indemnify every Contributor ("Indemnified Contributor") against
146any losses, damages and costs (collectively"Losses") arising from
147claims, lawsuits and other legal actions brought by a third party
148against the Indemnified Contributor to the extent caused by the acts
149or omissions of such Commercial Distributor in connection with its
150distribution of the Program in a commercial product offering. The
151obligations in this section do not apply to any claims or Losses
152relating to any actual or alleged intellectual property infringement.
153In order to qualify, an Indemnified Contributor must: a) promptly
154notify the Commercial Distributor in writing of such claim, and b)
155allow the Commercial Distributor to control, and cooperate with the
156Commercial Distributor in, the defense and any related settlement
157negotiations. The Indemnified Contributor may participate in any such
158claim at its own expense.
159
160For example, a Distributor might include the Program in a commercial
161product offering, Product X. That Distributor is then a Commercial
162Distributor. If that Commercial Distributor then makes performance
163claims, or offers warranties related to Product X, those performance
164claims and warranties are such Commercial Distributor's responsibility
165alone. Under this section, the Commercial Distributor would have to
166defend claims against the Contributors related to those performance
167claims and warranties, and if a court requires any Contributor to pay
168any damages as a result, the Commercial Distributor must pay those
169damages.
170
1715. NO WARRANTY
172
173EXCEPT AS EXPRESSLY SET FORTH IN THIS AGREEMENT, THE PROGRAM IS
174PROVIDED ON AN"AS IS" BASIS, WITHOUT WARRANTIES OR CONDITIONS OF ANY
175KIND, EITHER EXPRESS OR IMPLIED INCLUDING, WITHOUT LIMITATION, ANY
176WARRANTIES OR CONDITIONS OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY
177OR FITNESS FOR A PARTICULAR PURPOSE. Each Recipient is solely
178responsible for determining the appropriateness of using and
179distributing the Program and assumes all risks associated with its
180exercise of rights under this Agreement, including but not limited to
181the risks and costs of program errors, compliance with applicable
182laws, damage to or loss of data, programs or equipment, and
183unavailability or interruption of operations.
184
1856. DISCLAIMER OF LIABILITY
186
187EXCEPT AS EXPRESSLY SET FORTH IN THIS AGREEMENT, NEITHER RECIPIENT NOR
188ANY CONTRIBUTORS SHALL HAVE ANY LIABILITY FOR ANY DIRECT, INDIRECT,
189INCIDENTAL, SPECIAL, EXEMPLARY, OR CONSEQUENTIAL DAMAGES (INCLUDING
190WITHOUT LIMITATION LOST PROFITS), HOWEVER CAUSED AND ON ANY THEORY OF
191LIABILITY, WHETHER IN CONTRACT, STRICT LIABILITY, OR TORT (INCLUDING
192NEGLIGENCE OR OTHERWISE) ARISING IN ANY WAY OUT OF THE USE OR
193DISTRIBUTION OF THE PROGRAM OR THE EXERCISE OF ANY RIGHTS GRANTED
194HEREUNDER, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
195
1967. EXPORT CONTROL
197
198Recipient agrees that Recipient alone is responsible for compliance
199with the United States export administration regulations (and the
200export control laws and regulation of any other countries).
201
2028. GENERAL
203
204If any provision of this Agreement is invalid or unenforceable under
205applicable law, it shall not affect the validity or enforceability of
206the remainder of the terms of this Agreement, and without further
207action by the parties hereto, such provision shall be reformed to the
208minimum extent necessary to make such provision valid and enforceable.
209
210If Recipient institutes patent litigation against a Contributor with
211respect to a patent applicable to software (including a cross-claim or
212counterclaim in a lawsuit), then any patent licenses granted by that
213Contributor to such Recipient under this Agreement shall terminate as
214of the date such litigation is filed. In addition, if Recipient
215institutes patent litigation against any entity (including a
216cross-claim or counterclaim in a lawsuit) alleging that the Program
217itself (excluding combinations of the Program with other software or
218hardware) infringes such Recipient's patent(s), then such Recipient's
219rights granted under Section 2(b) shall terminate as of the date such
220litigation is filed.
221
222All Recipient's rights under this Agreement shall terminate if it
223fails to comply with any of the material terms or conditions of this
224Agreement and does not cure such failure in a reasonable period of
225time after becoming aware of such noncompliance. If all Recipient's
226rights under this Agreement terminate, Recipient agrees to cease use
227and distribution of the Program as soon as reasonably practicable.
228However, Recipient's obligations under this Agreement and any licenses
229granted by Recipient relating to the Program shall continue and
230survive.
231
232LUCENT may publish new versions (including revisions) of this
233Agreement from time to time. Each new version of the Agreement will be
234given a distinguishing version number. The Program (including
235Contributions) may always be distributed subject to the version of the
236Agreement under which it was received. In addition, after a new
237version of the Agreement is published, Contributor may elect to
238distribute the Program (including its Contributions) under the new
239version. No one other than LUCENT has the right to modify this
240Agreement. Except as expressly stated in Sections 2(a) and 2(b) above,
241Recipient receives no rights or licenses to the intellectual property
242of any Contributor under this Agreement, whether expressly, by
243implication, estoppel or otherwise. All rights in the Program not
244expressly granted under this Agreement are reserved.
245
246This Agreement is governed by the laws of the State of New York and
247the intellectual property laws of the United States of America. No
248party to this Agreement will bring a legal action under this Agreement
249more than one year after the cause of action arose. Each party waives
250its rights to a jury trial in any resulting litigation.
251