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Mercurial > hg > plan9front / lib/legal/lpl

changeset 7439: 9ad06889a5d1
parent: 944787349e93
author: Ori Bernstein <ori@eigenstate.org>
date: Mon, 18 Nov 2019 01:06:02 -0800
permissions: -rw-r--r--
description: document 'T' flag misbehavior (thanks rgl)
1 Lucent Public License Version 1.02
2 
3 THE ACCOMPANYING PROGRAM IS PROVIDED UNDER THE TERMS OF THIS PUBLIC
4 LICENSE ("AGREEMENT"). ANY USE, REPRODUCTION OR DISTRIBUTION OF THE
5 PROGRAM CONSTITUTES RECIPIENT'S ACCEPTANCE OF THIS AGREEMENT.
6 
7 1. DEFINITIONS
8 
9 "Contribution" means:
10 
11  a. in the case of Lucent Technologies Inc. ("LUCENT"), the Original
12  Program, and
13  b. in the case of each Contributor,
14 
15  i. changes to the Program, and
16  ii. additions to the Program;
17 
18  where such changes and/or additions to the Program were added to the
19  Program by such Contributor itself or anyone acting on such
20  Contributor's behalf, and the Contributor explicitly consents, in
21  accordance with Section 3C, to characterization of the changes and/or
22  additions as Contributions.
23 
24 "Contributor" means LUCENT and any other entity that has Contributed a
25 Contribution to the Program.
26 
27 "Distributor" means a Recipient that distributes the Program,
28 modifications to the Program, or any part thereof.
29 
30 "Licensed Patents" mean patent claims licensable by a Contributor
31 which are necessarily infringed by the use or sale of its Contribution
32 alone or when combined with the Program.
33 
34 "Original Program" means the original version of the software
35 accompanying this Agreement as released by LUCENT, including source
36 code, object code and documentation, if any.
37 
38 "Program" means the Original Program and Contributions or any part
39 thereof
40 
41 "Recipient" means anyone who receives the Program under this
42 Agreement, including all Contributors.
43 
44 2. GRANT OF RIGHTS
45 
46  a. Subject to the terms of this Agreement, each Contributor hereby
47  grants Recipient a non-exclusive, worldwide, royalty-free copyright
48  license to reproduce, prepare derivative works of, publicly display,
49  publicly perform, distribute and sublicense the Contribution of such
50  Contributor, if any, and such derivative works, in source code and
51  object code form.
52 
53  b. Subject to the terms of this Agreement, each Contributor hereby
54  grants Recipient a non-exclusive, worldwide, royalty-free patent
55  license under Licensed Patents to make, use, sell, offer to sell,
56  import and otherwise transfer the Contribution of such Contributor, if
57  any, in source code and object code form. The patent license granted
58  by a Contributor shall also apply to the combination of the
59  Contribution of that Contributor and the Program if, at the time the
60  Contribution is added by the Contributor, such addition of the
61  Contribution causes such combination to be covered by the Licensed
62  Patents. The patent license granted by a Contributor shall not apply
63  to (i) any other combinations which include the Contribution, nor to
64  (ii) Contributions of other Contributors. No hardware per se is
65  licensed hereunder.
66 
67  c. Recipient understands that although each Contributor grants the
68  licenses to its Contributions set forth herein, no assurances are
69  provided by any Contributor that the Program does not infringe the
70  patent or other intellectual property rights of any other entity. Each
71  Contributor disclaims any liability to Recipient for claims brought by
72  any other entity based on infringement of intellectual property rights
73  or otherwise. As a condition to exercising the rights and licenses
74  granted hereunder, each Recipient hereby assumes sole responsibility
75  to secure any other intellectual property rights needed, if any. For
76  example, if a third party patent license is required to allow
77  Recipient to distribute the Program, it is Recipient's responsibility
78  to acquire that license before distributing the Program.
79 
80  d. Each Contributor represents that to its knowledge it has sufficient
81  copyright rights in its Contribution, if any, to grant the copyright
82  license set forth in this Agreement.
83 
84 3. REQUIREMENTS
85 
86 A. Distributor may choose to distribute the Program in any form under
87 this Agreement or under its own license agreement, provided that:
88 
89  a. it complies with the terms and conditions of this Agreement;
90 
91  b. if the Program is distributed in source code or other tangible
92  form, a copy of this Agreement or Distributor's own license agreement
93  is included with each copy of the Program; and
94 
95  c. if distributed under Distributor's own license agreement, such
96  license agreement:
97 
98  i. effectively disclaims on behalf of all Contributors all warranties
99  and conditions, express and implied, including warranties or
100  conditions of title and non-infringement, and implied warranties or
101  conditions of merchantability and fitness for a particular purpose;
102  ii. effectively excludes on behalf of all Contributors all liability
103  for damages, including direct, indirect, special, incidental and
104  consequential damages, such as lost profits; and
105  iii. states that any provisions which differ from this Agreement are
106  offered by that Contributor alone and not by any other party.
107 
108 B. Each Distributor must include the following in a conspicuous
109  location in the Program:
110 
111  Copyright (C) 2003, Lucent Technologies Inc. and others. All Rights
112  Reserved.
113 
114 C. In addition, each Contributor must identify itself as the
115 originator of its Contribution in a manner that reasonably allows
116 subsequent Recipients to identify the originator of the Contribution.
117 Also, each Contributor must agree that the additions and/or changes
118 are intended to be a Contribution. Once a Contribution is contributed,
119 it may not thereafter be revoked.
120 
121 4. COMMERCIAL DISTRIBUTION
122 
123 Commercial distributors of software may accept certain
124 responsibilities with respect to end users, business partners and the
125 like. While this license is intended to facilitate the commercial use
126 of the Program, the Distributor who includes the Program in a
127 commercial product offering should do so in a manner which does not
128 create potential liability for Contributors. Therefore, if a
129 Distributor includes the Program in a commercial product offering,
130 such Distributor ("Commercial Distributor") hereby agrees to defend
131 and indemnify every Contributor ("Indemnified Contributor") against
132 any losses, damages and costs (collectively"Losses") arising from
133 claims, lawsuits and other legal actions brought by a third party
134 against the Indemnified Contributor to the extent caused by the acts
135 or omissions of such Commercial Distributor in connection with its
136 distribution of the Program in a commercial product offering. The
137 obligations in this section do not apply to any claims or Losses
138 relating to any actual or alleged intellectual property infringement.
139 In order to qualify, an Indemnified Contributor must: a) promptly
140 notify the Commercial Distributor in writing of such claim, and b)
141 allow the Commercial Distributor to control, and cooperate with the
142 Commercial Distributor in, the defense and any related settlement
143 negotiations. The Indemnified Contributor may participate in any such
144 claim at its own expense.
145 
146 For example, a Distributor might include the Program in a commercial
147 product offering, Product X. That Distributor is then a Commercial
148 Distributor. If that Commercial Distributor then makes performance
149 claims, or offers warranties related to Product X, those performance
150 claims and warranties are such Commercial Distributor's responsibility
151 alone. Under this section, the Commercial Distributor would have to
152 defend claims against the Contributors related to those performance
153 claims and warranties, and if a court requires any Contributor to pay
154 any damages as a result, the Commercial Distributor must pay those
155 damages.
156 
157 5. NO WARRANTY
158 
159 EXCEPT AS EXPRESSLY SET FORTH IN THIS AGREEMENT, THE PROGRAM IS
160 PROVIDED ON AN"AS IS" BASIS, WITHOUT WARRANTIES OR CONDITIONS OF ANY
161 KIND, EITHER EXPRESS OR IMPLIED INCLUDING, WITHOUT LIMITATION, ANY
162 WARRANTIES OR CONDITIONS OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY
163 OR FITNESS FOR A PARTICULAR PURPOSE. Each Recipient is solely
164 responsible for determining the appropriateness of using and
165 distributing the Program and assumes all risks associated with its
166 exercise of rights under this Agreement, including but not limited to
167 the risks and costs of program errors, compliance with applicable
168 laws, damage to or loss of data, programs or equipment, and
169 unavailability or interruption of operations.
170 
171 6. DISCLAIMER OF LIABILITY
172 
173 EXCEPT AS EXPRESSLY SET FORTH IN THIS AGREEMENT, NEITHER RECIPIENT NOR
174 ANY CONTRIBUTORS SHALL HAVE ANY LIABILITY FOR ANY DIRECT, INDIRECT,
175 INCIDENTAL, SPECIAL, EXEMPLARY, OR CONSEQUENTIAL DAMAGES (INCLUDING
176 WITHOUT LIMITATION LOST PROFITS), HOWEVER CAUSED AND ON ANY THEORY OF
177 LIABILITY, WHETHER IN CONTRACT, STRICT LIABILITY, OR TORT (INCLUDING
178 NEGLIGENCE OR OTHERWISE) ARISING IN ANY WAY OUT OF THE USE OR
179 DISTRIBUTION OF THE PROGRAM OR THE EXERCISE OF ANY RIGHTS GRANTED
180 HEREUNDER, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
181 
182 7. EXPORT CONTROL
183 
184 Recipient agrees that Recipient alone is responsible for compliance
185 with the United States export administration regulations (and the
186 export control laws and regulation of any other countries).
187 
188 8. GENERAL
189 
190 If any provision of this Agreement is invalid or unenforceable under
191 applicable law, it shall not affect the validity or enforceability of
192 the remainder of the terms of this Agreement, and without further
193 action by the parties hereto, such provision shall be reformed to the
194 minimum extent necessary to make such provision valid and enforceable.
195 
196 If Recipient institutes patent litigation against a Contributor with
197 respect to a patent applicable to software (including a cross-claim or
198 counterclaim in a lawsuit), then any patent licenses granted by that
199 Contributor to such Recipient under this Agreement shall terminate as
200 of the date such litigation is filed. In addition, if Recipient
201 institutes patent litigation against any entity (including a
202 cross-claim or counterclaim in a lawsuit) alleging that the Program
203 itself (excluding combinations of the Program with other software or
204 hardware) infringes such Recipient's patent(s), then such Recipient's
205 rights granted under Section 2(b) shall terminate as of the date such
206 litigation is filed.
207 
208 All Recipient's rights under this Agreement shall terminate if it
209 fails to comply with any of the material terms or conditions of this
210 Agreement and does not cure such failure in a reasonable period of
211 time after becoming aware of such noncompliance. If all Recipient's
212 rights under this Agreement terminate, Recipient agrees to cease use
213 and distribution of the Program as soon as reasonably practicable.
214 However, Recipient's obligations under this Agreement and any licenses
215 granted by Recipient relating to the Program shall continue and
216 survive.
217 
218 LUCENT may publish new versions (including revisions) of this
219 Agreement from time to time. Each new version of the Agreement will be
220 given a distinguishing version number. The Program (including
221 Contributions) may always be distributed subject to the version of the
222 Agreement under which it was received. In addition, after a new
223 version of the Agreement is published, Contributor may elect to
224 distribute the Program (including its Contributions) under the new
225 version. No one other than LUCENT has the right to modify this
226 Agreement. Except as expressly stated in Sections 2(a) and 2(b) above,
227 Recipient receives no rights or licenses to the intellectual property
228 of any Contributor under this Agreement, whether expressly, by
229 implication, estoppel or otherwise. All rights in the Program not
230 expressly granted under this Agreement are reserved.
231 
232 This Agreement is governed by the laws of the State of New York and
233 the intellectual property laws of the United States of America. No
234 party to this Agreement will bring a legal action under this Agreement
235 more than one year after the cause of action arose. Each party waives
236 its rights to a jury trial in any resulting litigation.
237