You can not select more than 25 topics
			Topics must start with a letter or number, can include dashes ('-') and can be up to 35 characters long.
		
		
		
		
		
			
		
			
				
					
					
						
							220 lines
						
					
					
						
							11 KiB
						
					
					
				
			
		
		
	
	
							220 lines
						
					
					
						
							11 KiB
						
					
					
				| 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:
 | |
| 
 | |
|          1. it complies with the terms and conditions of this Agreement;
 | |
| 
 | |
| 2. 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
 | |
| 
 | |
| 3. if distributed under Distributor's own license agreement, such license
 | |
| agreement:
 | |
| 
 | |
| a. 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;
 | |
| 
 | |
| b. effectively excludes on behalf of all Contributors all liability for damages,
 | |
| including direct, indirect, special, incidental and consequential damages,
 | |
| such as lost profits; and
 | |
| 
 | |
| c. 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.
 | |
| 
 |