376 lines
19 KiB
Text
376 lines
19 KiB
Text
SOURCE CODE AGREEMENT
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Version 1.2D
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PLEASE READ THIS AGREEMENT CAREFULLY. By accessing and using the Source
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Code, you accept this Agreement in its entirety and agree to only use the
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Source Code in accordance with the following terms and conditions. If you do
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not wish to be bound by these terms and conditions, do not access or use the
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Source Code.
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1. YOUR REPRESENTATIONS
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1. You represent and warrant that:
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a. If you are an entity, or an individual other than the person
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accepting this Agreement, the person accepting this Agreement
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on your behalf is your legally authorized representative,
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duly authorized to accept agreements of this type on your
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behalf and obligate you to comply with its provisions;
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b. You have read and fully understand this Agreement in its
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entirety;
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c. Your Build Materials are either original or do not include
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any Software obtained under a license that conflicts with the
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obligations contained in this Agreement;
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d. To the best of your knowledge, your Build Materials do not
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infringe or misappropriate the rights of any person or
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entity; and,
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e. You will regularly monitor the Website for any notices.
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2. DEFINITIONS AND INTERPRETATION
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1. For purposes of this Agreement, certain terms have been defined
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below and elsewhere in this Agreement to encompass meanings that
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may differ from, or be in addition to, the normal connotation of
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the defined word.
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a. "Additional Code" means Software in source code form which
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does not contain any
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i. of the Source Code, or
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ii. derivative work (such term having the same meaning in
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this Agreement as under U.S. Copyright Law) of the
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Source Code.
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b. "AT&T Patent Claims" means those claims of patents (i) owned
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by AT&T and (ii) licensable without restriction or
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obligation, which, absent a license, are necessarily and
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unavoidably infringed by the use of the functionality of the
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Source Code.
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c. "Build Materials" means, with reference to a Derived Product,
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the Patch and Additional Code, if any, used in the
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preparation of such Derived Product, together with written
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instructions that describe, in reasonable detail, such
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preparation.
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d. "Capsule" means a computer file containing the exact same
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contents as the computer file having the name gviz15.tgz or
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gviz15.zip, which will be downloaded after accepting, or was
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opened to access, this Agreement.
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e. "Derived Product" means a Software Product which is a
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derivative work of the Source Code.
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f. "IPR" means all rights protectable under intellectual
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property law anywhere throughout the world, including rights
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protectable under patent, copyright and trade secret laws,
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but not trademark rights.
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g. "Patch" means Software for changing all or any portion of the
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Source Code.
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h. "Proprietary Notice" means the following statement:
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"This product contains certain software code or other
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information ("AT&T Software") proprietary to AT&T Corp.
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("AT&T"). The AT&T Software is provided to you "AS IS". YOU
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ASSUME TOTAL RESPONSIBILITY AND RISK FOR USE OF THE AT&T
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SOFTWARE. AT&T DOES NOT MAKE, AND EXPRESSLY DISCLAIMS, ANY
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EXPRESS OR IMPLIED WARRANTIES OF ANY KIND WHATSOEVER,
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INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF
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MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE,
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WARRANTIES OF TITLE OR NON-INFRINGEMENT OF ANY INTELLECTUAL
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PROPERTY RIGHTS, ANY WARRANTIES ARISING BY USAGE OF TRADE,
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COURSE OF DEALING OR COURSE OF PERFORMANCE, OR ANY WARRANTY
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THAT THE AT&T SOFTWARE IS "ERROR FREE" OR WILL MEET YOUR
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REQUIREMENTS.
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Unless you accept a license to use the AT&T Software, you
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shall not reverse compile, disassemble or otherwise reverse
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engineer this product to ascertain the source code for any
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AT&T Software.
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<20> AT&T Corp. All rights reserved. AT&T is a registered
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trademark of AT&T Corp."
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i. "Software" means, as the context may require, source or
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object code instructions for controlling the operation of a
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central processing unit or computer, and computer files
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containing data or text.
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j. "Software Product" means a collection of computer files
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containing Software in object code form only, which, taken
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together, reasonably comprise a product, regardless of
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whether such product is intended for internal use or
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commercial exploitation. A single computer file can comprise
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a Software Product.
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k. "Source Code" means the Software contained in compressed form
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in the Capsule.
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l. "Website" means the Internet website having the URL
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http://www.research.att.com/sw/tools/graphviz. AT&T may
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change the content or URL of the Website, or remove it from
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the Internet altogether.
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2. By way of clarification only, the terms Capsule, Proprietary
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Notice and Source Code when used in this Agreement shall mean the
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materials and information defined by such terms without any
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change, enhancement, amendment, alteration or modification
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(collectively, "change").
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3. GRANT OF RIGHTS
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1. Subject to third party intellectual property claims, if any, and
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the terms and conditions of this Agreement, AT&T grants to you
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under:
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a. the AT&T Patent Claims and AT&T's copyright rights in the
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Source Code, a non-exclusive, fully paid-up license to:
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i. Reproduce and distribute the Capsule;
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ii. Display, perform, use, and compile the Source Code and
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execute the resultant binary Software on a computer;
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iii. Prepare a Derived Product solely by compiling Additional
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Code, if any, together with the code resulting from
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operating a Patch on the Source Code; and,
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iv. Execute on a computer and distribute to others Derived
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Products,
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except that, with respect to the AT&T Patent Claims , the
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license rights granted in clauses (iii) and (iv) above shall
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only extend, and be limited, to that portion of a Derived
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Product which is Software compiled from some portion of the
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Source Code; and,
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b. AT&T's copyright rights in the Source Code, a non-exclusive,
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fully paid-up license to prepare and distribute Patches for
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the Source Code.
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2. Subject to the terms and conditions of this Agreement, you may
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create a hyperlink between an Internet website owned and
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controlled by you and the Website, which hyperlink describes in a
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fair and good faith manner where the Capsule and Source Code may
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be obtained, provided that, you do not frame the Website or
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otherwise give the false impression that AT&T is somehow
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associated with, or otherwise endorses or sponsors your website.
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Any goodwill associated with such hyperlink shall inure to the
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sole benefit of AT&T. Other than the creation of such hyperlink,
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nothing in this Agreement shall be construed as conferring upon
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you any right to use any reference to AT&T, its trade names,
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trademarks, service marks or any other indicia of origin owned by
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AT&T, or to indicate that your products or services are in any way
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sponsored, approved or endorsed by, or affiliated with, AT&T.
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3. Except as expressly set forth in Section 3.1 above, no other
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rights or licenses under any of AT&T?s IPR are granted or, by
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implication, estoppel or otherwise, conferred. By way of example
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only, no rights or licenses under any of AT&T's patents are
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granted or, by implication, estoppel or otherwise, conferred with
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respect to any portion of a Derived Product which is not Software
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compiled from some portion, without change, of the Source Code.
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4. YOUR OBLIGATIONS
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1. If you distribute Build Materials (including if you are required
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to do so pursuant to this Agreement), you shall ensure that the
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recipient enters into and duly accepts an agreement with you which
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includes the minimum terms set forth in Appendix A (completed to
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indicate you as the LICENSOR) and no other provisions which, in
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AT&T's opinion, conflict with your obligations under, or the
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intent of, this Agreement. The agreement required under this
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Section 4.1 may be in electronic form and may be distributed with
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the Build Materials in a form such that the recipient accepts the
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agreement by using or installing the Build Materials. If any
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Additional Code contained in your Build Materials includes
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Software you obtained under license, the agreement shall also
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include complete details concerning the license and any
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restrictions or obligations associated with such Software.
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2. If you prepare a Patch which you distribute to anyone else you
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shall:
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a. Contact AT&T, as may be provided on the Website or in a text
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file included with the Source Code, and describe for AT&T
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such Patch and provide AT&T with a copy of such Patch as
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directed by AT&T; or,
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b. Where you make your Patch generally available on your
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Internet website, you shall provide AT&T with the URL of your
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website and hereby grant to AT&T a non-exclusive, fully-paid
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up right to create a hyperlink between your website and a
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page associated with the Website.
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3. If you prepare a Derived Product, such product shall conspicuously
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display to users, and any corresponding documentation and license
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agreement shall include as a provision, the Proprietary Notice.
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5. YOUR GRANT OF RIGHTS TO AT&T
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1. You grant to AT&T under any IPR owned or licensable by you which
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in any way relates to your Patches, a non-exclusive, perpetual,
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worldwide, fully paid-up, unrestricted, irrevocable license, along
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with the right to sublicense others, to (a) make, have made, use,
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offer to sell, sell and import any products, services or any
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combination of products or services, and (b) reproduce,
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distribute, prepare derivative works based on, perform, display
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and transmit your Patches in any media whether now known or in the
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future developed.
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6. AS IS CLAUSE / LIMITATION OF LIABILITY
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1. The Source Code and Capsule are provided to you "AS IS". YOU
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ASSUME TOTAL RESPONSIBILITY AND RISK FOR YOUR USE OF THEM
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INCLUDING THE RISK OF ANY DEFECTS OR INACCURACIES THEREIN. AT&T
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DOES NOT MAKE, AND EXPRESSLY DISCLAIMS, ANY EXPRESS OR IMPLIED
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WARRANTIES OF ANY KIND WHATSOEVER, INCLUDING, WITHOUT LIMITATION,
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THE IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A
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PARTICULAR PURPOSE, WARRANTIES OF TITLE OR NON-INFRINGEMENT OF ANY
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IPR OR TRADEMARK RIGHTS, ANY WARRANTIES ARISING BY USAGE OF TRADE,
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COURSE OF DEALING OR COURSE OF PERFORMANCE, OR ANY WARRANTY THAT
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THE SOURCE CODE OR CAPSULE ARE "ERROR FREE" OR WILL MEET YOUR
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REQUIREMENTS.
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2. IN NO EVENT SHALL AT&T BE LIABLE FOR (a) ANY INCIDENTAL,
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CONSEQUENTIAL, OR INDIRECT DAMAGES (INCLUDING, WITHOUT LIMITATION,
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DAMAGES FOR LOSS OF PROFITS, BUSINESS INTERRUPTION, LOSS OF
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PROGRAMS OR INFORMATION, AND THE LIKE) ARISING OUT OF THE USE OF
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OR INABILITY TO USE THE SOURCE CODE OR CAPSULE, EVEN IF AT&T OR
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ANY OF ITS AUTHORIZED REPRESENTATIVES HAS BEEN ADVISED OF THE
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POSSIBILITY OF SUCH DAMAGES, (b) ANY CLAIM ATTRIBUTABLE TO ERRORS,
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OMISSIONS, OR OTHER INACCURACIES IN THE SOURCE CODE OR CAPSULE, OR
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(c) ANY CLAIM BY ANY THIRD PARTY.
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3. BECAUSE SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF
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LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE
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LIMITATIONS MAY NOT APPLY TO YOU. IN THE EVENT THAT APPLICABLE LAW
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DOES NOT ALLOW THE COMPLETE EXCLUSION OR LIMITATION OF LIABILITY
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OF CLAIMS AND DAMAGES AS SET FORTH IN THIS AGREEMENT, AT&T?S
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LIABILITY IS LIMITED TO THE GREATEST EXTENT PERMITTED BY LAW.
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7. INDEMNIFICATION
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1. You shall indemnify and hold harmless AT&T, its affiliates and
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authorized representatives against any claims, suits or
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proceedings asserted or commenced by any third party and arising
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out of, or relating to, your use of the Source Code. This
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obligation shall include indemnifying against all damages, losses,
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costs and expenses (including attorneys? fees) incurred by AT&T,
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its affiliates and authorized representatives as a result of any
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such claims, suits or proceedings, including any costs or expenses
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incurred in defending against any such claims, suits, or
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proceedings.
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8. GENERAL
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1. You shall not assert against AT&T, its affiliates or authorized
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representatives any claim for infringement or misappropriation of
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any IPR or trademark rights in any way relating to the Source
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Code, including any such claims relating to any Patches.
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2. In the event that any provision of this Agreement is deemed
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illegal or unenforceable, AT&T may, but is not obligated to, post
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on the Website a new version of this Agreement which, in AT&T's
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opinion, reasonably preserves the intent of this Agreement.
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3. Your rights and license (but not any of your obligations) under
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this Agreement shall terminate automatically in the event that (a)
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notice of a non-frivolous claim by a third party relating to the
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Source Code or Capsule is posted on the Website, (b) you have
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knowledge of any such claim, (c) any of your representations or
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warranties in Article 1.0 or Section 8.4 are false or inaccurate,
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(d) you exceed the rights and license granted to you or (e) you
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fail to fully comply with any provision of this Agreement. Nothing
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in this provision shall be construed to restrict you, at your
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option and subject to applicable law, from replacing the portion
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of the Source Code that is the subject of a claim by a third party
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with non-infringing code or from independently negotiating for
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necessary rights from the third party.
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4. You acknowledge that the Source Code and Capsule may be subject to
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U.S. export laws and regulations, and, accordingly, you hereby
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assure AT&T that you will not, directly or indirectly, violate any
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applicable U.S. laws and regulations.
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5. Without limiting any of AT&T?s rights under this Agreement or at
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law or in equity, or otherwise expanding the scope of the license
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and rights granted hereunder, if you fail to perform any of your
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obligations under this Agreement with respect to any of your
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Patches or Derived Products, or if you do any act which exceeds
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the scope of the license and rights granted herein, then such
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Patches, Derived Products and acts are not licensed or otherwise
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authorized under this Agreement and such failure shall also be
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deemed a breach of this Agreement. In addition to all other relief
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available to it for any breach of your obligations under this
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Agreement, AT&T shall be entitled to an injunction requiring you
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to perform such obligations.
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6. This Agreement shall be governed by and construed in accordance
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with the laws of the State of New York, USA, without regard to its
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conflicts of law rules. This Agreement shall be fairly interpreted
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in accordance with its terms and without any strict construction
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in favor of or against either AT&T or you. Any suit or proceeding
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you bring relating to this Agreement shall be brought and
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prosecuted only in New York, New York, USA.
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--------------------------
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Appendix A - Minimum Terms
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--------------------------
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The minimum terms are available at the Internet website having the URL http://www.research.att.com/sw/tools/graphviz/license/minterms.html or accessed by opening the computer file having the name MINTERMS.txt.
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============================================================
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The gd source has this copyright statement:
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COPYRIGHT STATEMENT FOLLOWS THIS LINE
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Portions copyright 1994, 1995, 1996, 1997, 1998, 1999, 2000 by Cold
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Spring Harbor Laboratory. Funded under Grant P41-RR02188 by the
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National Institutes of Health.
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Portions copyright 1996, 1997, 1998, 1999, 2000 by Boutell.Com,
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Inc.
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Portions relating to GD2 format copyright 1999, 2000 Philip Warner.
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Portions relating to PNG copyright 1999, 2000 Greg Roelofs.
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Portions relating to libttf copyright 1999, 2000 John Ellson
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(ellson@lucent.com).
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Portions relating to JPEG copyright 2000, Doug Becker and copyright
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(C) 1994-1998, Thomas G. Lane. This software is based in part on
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the work of the Independent JPEG Group.
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Portions relating to WBMP copyright 2000 Maurice Szmurlo and Johan
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Van den Brande.
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_Permission has been granted to copy, distribute and modify gd in
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any context without fee, including a commercial application,
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provided that this notice is present in user-accessible supporting
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documentation._
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This does not affect your ownership of the derived work itself, and
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the intent is to assure proper credit for the authors of gd, not to
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interfere with your productive use of gd. If you have questions,
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ask. "Derived works" includes all programs that utilize the
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library. Credit must be given in user-accessible documentation.
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_This software is provided "AS IS."_ The copyright holders disclaim
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||
all warranties, either express or implied, including but not
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||
limited to implied warranties of merchantability and fitness for a
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particular purpose, with respect to this code and accompanying
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documentation.
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Although their code does not appear in gd 1.8.3, the authors wish
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to thank David Koblas, David Rowley, and Hutchison Avenue Software
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Corporation for their prior contributions.
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END OF COPYRIGHT STATEMENT
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