236 lines
12 KiB
Text
236 lines
12 KiB
Text
Lucent Public License Version 1.02
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THE ACCOMPANYING PROGRAM IS PROVIDED UNDER THE TERMS OF THIS PUBLIC
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LICENSE ("AGREEMENT"). ANY USE, REPRODUCTION OR DISTRIBUTION OF THE
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PROGRAM CONSTITUTES RECIPIENT'S ACCEPTANCE OF THIS AGREEMENT.
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1. DEFINITIONS
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"Contribution" means:
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a. in the case of Lucent Technologies Inc. ("LUCENT"), the Original
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Program, and
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b. in the case of each Contributor,
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i. changes to the Program, and
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ii. additions to the Program;
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where such changes and/or additions to the Program were added to
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the Program by such Contributor itself or anyone acting on such
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Contributor's behalf, and the Contributor explicitly consents, in
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accordance with Section 3C, to characterization of the changes
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and/or additions as Contributions.
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"Contributor" means LUCENT and any other entity that has Contributed a
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Contribution to the Program.
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"Distributor" means a Recipient that distributes the Program,
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modifications to the Program, or any part thereof.
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"Licensed Patents" mean patent claims licensable by a Contributor
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which are necessarily infringed by the use or sale of its Contribution
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alone or when combined with the Program.
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"Original Program" means the original version of the software
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accompanying this Agreement as released by LUCENT, including source
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code, object code and documentation, if any.
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"Program" means the Original Program and Contributions or any part
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thereof
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"Recipient" means anyone who receives the Program under this
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Agreement, including all Contributors.
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2. GRANT OF RIGHTS
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a. Subject to the terms of this Agreement, each Contributor hereby
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grants Recipient a non-exclusive, worldwide, royalty-free
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copyright license to reproduce, prepare derivative works of,
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publicly display, publicly perform, distribute and sublicense the
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Contribution of such Contributor, if any, and such derivative
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works, in source code and object code form.
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b. Subject to the terms of this Agreement, each Contributor hereby
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grants Recipient a non-exclusive, worldwide, royalty-free patent
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license under Licensed Patents to make, use, sell, offer to sell,
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import and otherwise transfer the Contribution of such
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Contributor, if any, in source code and object code form. The
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patent license granted by a Contributor shall also apply to the
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combination of the Contribution of that Contributor and the
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Program if, at the time the Contribution is added by the
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Contributor, such addition of the Contribution causes such
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combination to be covered by the Licensed Patents. The patent
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license granted by a Contributor shall not apply to (i) any other
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combinations which include the Contribution, nor to (ii)
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Contributions of other Contributors. No hardware per se is
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licensed hereunder.
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c. Recipient understands that although each Contributor grants the
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licenses to its Contributions set forth herein, no assurances are
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provided by any Contributor that the Program does not infringe
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the patent or other intellectual property rights of any other
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entity. Each Contributor disclaims any liability to Recipient for
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claims brought by any other entity based on infringement of
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intellectual property rights or otherwise. As a condition to
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exercising the rights and licenses granted hereunder, each
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Recipient hereby assumes sole responsibility to secure any other
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intellectual property rights needed, if any. For example, if a
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third party patent license is required to allow Recipient to
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distribute the Program, it is Recipient's responsibility to
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acquire that license before distributing the Program.
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d. Each Contributor represents that to its knowledge it has
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sufficient copyright rights in its Contribution, if any, to grant
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the copyright license set forth in this Agreement.
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3. REQUIREMENTS
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A. Distributor may choose to distribute the Program in any form under
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this Agreement or under its own license agreement, provided that:
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a. it complies with the terms and conditions of this Agreement;
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b. if the Program is distributed in source code or other tangible
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form, a copy of this Agreement or Distributor's own license
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agreement is included with each copy of the Program; and
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c. if distributed under Distributor's own license agreement, such
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license agreement:
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i. effectively disclaims on behalf of all Contributors all
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warranties and conditions, express and implied, including
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warranties or conditions of title and non-infringement, and
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implied warranties or conditions of merchantability and
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fitness for a particular purpose;
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ii. effectively excludes on behalf of all Contributors all
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liability for damages, including direct, indirect, special,
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incidental and consequential damages, such as lost profits;
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and
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iii. states that any provisions which differ from this Agreement
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are offered by that Contributor alone and not by any other party.
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B. Each Distributor must include the following in a conspicuous
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location in the Program:
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Copyright (C) 2003, Lucent Technologies Inc. and others. All Rights Reserved.
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C. In addition, each Contributor must identify itself as the
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originator of its Contribution in a manner that reasonably allows
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subsequent Recipients to identify the originator of the
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Contribution. Also, each Contributor must agree that the additions
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and/or changes are intended to be a Contribution. Once a Contribution
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is contributed, it may not thereafter be revoked.
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4. COMMERCIAL DISTRIBUTION
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Commercial distributors of software may accept certain
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responsibilities with respect to end users, business partners and the
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like. While this license is intended to facilitate the commercial use
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of the Program, the Distributor who includes the Program in a
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commercial product offering should do so in a manner which does not
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create potential liability for Contributors. Therefore, if a
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Distributor includes the Program in a commercial product offering,
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such Distributor ("Commercial Distributor") hereby agrees to defend
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and indemnify every Contributor ("Indemnified Contributor") against
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any losses, damages and costs (collectively "Losses") arising from
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claims, lawsuits and other legal actions brought by a third party
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against the Indemnified Contributor to the extent caused by the acts
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or omissions of such Commercial Distributor in connection with its
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distribution of the Program in a commercial product offering. The
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obligations in this section do not apply to any claims or Losses
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relating to any actual or alleged intellectual property
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infringement. In order to qualify, an Indemnified Contributor must: a)
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promptly notify the Commercial Distributor in writing of such claim,
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and b) allow the Commercial Distributor to control, and cooperate with
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the Commercial Distributor in, the defense and any related settlement
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negotiations. The Indemnified Contributor may participate in any such
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claim at its own expense.
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For example, a Distributor might include the Program in a commercial
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product offering, Product X. That Distributor is then a Commercial
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Distributor. If that Commercial Distributor then makes performance
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claims, or offers warranties related to Product X, those performance
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claims and warranties are such Commercial Distributor's responsibility
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alone. Under this section, the Commercial Distributor would have to
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defend claims against the Contributors related to those performance
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claims and warranties, and if a court requires any Contributor to pay
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any damages as a result, the Commercial Distributor must pay those
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damages.
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5. NO WARRANTY
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EXCEPT AS EXPRESSLY SET FORTH IN THIS AGREEMENT, THE PROGRAM IS
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PROVIDED ON AN "AS IS" BASIS, WITHOUT WARRANTIES OR CONDITIONS OF ANY
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KIND, EITHER EXPRESS OR IMPLIED INCLUDING, WITHOUT LIMITATION, ANY
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WARRANTIES OR CONDITIONS OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY
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OR FITNESS FOR A PARTICULAR PURPOSE. Each Recipient is solely
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responsible for determining the appropriateness of using and
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distributing the Program and assumes all risks associated with its
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exercise of rights under this Agreement, including but not limited to
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the risks and costs of program errors, compliance with applicable
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laws, damage to or loss of data, programs or equipment, and
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unavailability or interruption of operations.
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6. DISCLAIMER OF LIABILITY
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EXCEPT AS EXPRESSLY SET FORTH IN THIS AGREEMENT, NEITHER RECIPIENT NOR
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ANY CONTRIBUTORS SHALL HAVE ANY LIABILITY FOR ANY DIRECT, INDIRECT,
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INCIDENTAL, SPECIAL, EXEMPLARY, OR CONSEQUENTIAL DAMAGES (INCLUDING
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WITHOUT LIMITATION LOST PROFITS), HOWEVER CAUSED AND ON ANY THEORY OF
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LIABILITY, WHETHER IN CONTRACT, STRICT LIABILITY, OR TORT (INCLUDING
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NEGLIGENCE OR OTHERWISE) ARISING IN ANY WAY OUT OF THE USE OR
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DISTRIBUTION OF THE PROGRAM OR THE EXERCISE OF ANY RIGHTS GRANTED
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HEREUNDER, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
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7. EXPORT CONTROL
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Recipient agrees that Recipient alone is responsible for compliance
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with the United States export administration regulations (and the
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export control laws and regulation of any other countries).
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8. GENERAL
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If any provision of this Agreement is invalid or unenforceable under
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applicable law, it shall not affect the validity or enforceability of
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the remainder of the terms of this Agreement, and without further
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action by the parties hereto, such provision shall be reformed to the
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minimum extent necessary to make such provision valid and enforceable.
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If Recipient institutes patent litigation against a Contributor with
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respect to a patent applicable to software (including a cross-claim or
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counterclaim in a lawsuit), then any patent licenses granted by that
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Contributor to such Recipient under this Agreement shall terminate as
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of the date such litigation is filed. In addition, if Recipient
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institutes patent litigation against any entity (including a
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cross-claim or counterclaim in a lawsuit) alleging that the Program
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itself (excluding combinations of the Program with other software or
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hardware) infringes such Recipient's patent(s), then such Recipient's
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rights granted under Section 2(b) shall terminate as of the date such
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litigation is filed.
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All Recipient's rights under this Agreement shall terminate if it
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fails to comply with any of the material terms or conditions of this
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Agreement and does not cure such failure in a reasonable period of
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time after becoming aware of such noncompliance. If all Recipient's
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rights under this Agreement terminate, Recipient agrees to cease use
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and distribution of the Program as soon as reasonably
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practicable. However, Recipient's obligations under this Agreement and
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any licenses granted by Recipient relating to the Program shall
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continue and survive.
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LUCENT may publish new versions (including revisions) of this
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Agreement from time to time. Each new version of the Agreement will be
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given a distinguishing version number. The Program (including
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Contributions) may always be distributed subject to the version of the
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Agreement under which it was received. In addition, after a new
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version of the Agreement is published, Contributor may elect to
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distribute the Program (including its Contributions) under the new
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version. No one other than LUCENT has the right to modify this
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Agreement. Except as expressly stated in Sections 2(a) and 2(b) above,
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Recipient receives no rights or licenses to the intellectual property
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of any Contributor under this Agreement, whether expressly, by
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implication, estoppel or otherwise. All rights in the Program not
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expressly granted under this Agreement are reserved.
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This Agreement is governed by the laws of the State of New York and
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the intellectual property laws of the United States of America. No
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party to this Agreement will bring a legal action under this Agreement
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more than one year after the cause of action arose. Each party waives
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its rights to a jury trial in any resulting litigation.
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