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1
2Lucent Public License Version 1.02
3
4THE ACCOMPANYING PROGRAM IS PROVIDED UNDER THE TERMS OF THIS PUBLIC LICENSE
5("AGREEMENT"). ANY USE, REPRODUCTION OR DISTRIBUTION OF THE PROGRAM
6CONSTITUTES RECIPIENT'S ACCEPTANCE OF THIS AGREEMENT.
71. DEFINITIONS
8
9"Contribution" means:
10
11in the case of Lucent Technologies Inc. ("LUCENT"), the Original
12Program, and
13in the case of each Contributor,
14changes to the Program, and
15additions to the Program;
16where such changes and/or additions to the Program were added to the Program by
17such Contributor itself or anyone acting on such Contributor's behalf, and the
18Contributor explicitly consents, in accordance with Section 3C, to
19characterization of the changes and/or additions as Contributions.
20"Contributor" means LUCENT and any other entity that has Contributed
21a Contribution to the Program.
22
23"Distributor" means a Recipient that distributes the Program,
24modifications to the Program, or any part thereof.
25
26"Licensed Patents" mean patent claims licensable by a Contributor
27which are necessarily infringed by the use or sale of its Contribution alone or
28when combined with the Program.
29
30"Original Program" means the original version of the software
31accompanying this Agreement as released by LUCENT, including source code,
32object code and documentation, if any.
33
34"Program" means the Original Program and Contributions or any part
35thereof
36
37"Recipient" means anyone who receives the Program under this
38Agreement, including all Contributors.
39
402. GRANT OF RIGHTS
41
42Subject to the terms of this Agreement, each Contributor hereby grants
43Recipient a non-exclusive, worldwide, royalty-free copyright license to
44reproduce, prepare derivative works of, publicly display, publicly perform,
45distribute and sublicense the Contribution of such Contributor, if any, and
46such derivative works, in source code and object code form.
47Subject to the terms of this Agreement, each Contributor hereby grants
48Recipient a non-exclusive, worldwide, royalty-free patent license under
49Licensed Patents to make, use, sell, offer to sell, import and otherwise
50transfer the Contribution of such Contributor, if any, in source code and
51object code form. The patent license granted by a Contributor shall also apply
52to the combination of the Contribution of that Contributor and the Program if,
53at the time the Contribution is added by the Contributor, such addition of the
54Contribution causes such combination to be covered by the Licensed Patents. The
55patent license granted by a Contributor shall not apply to (i) any other
56combinations which include the Contribution, nor to (ii) Contributions of other
57Contributors. No hardware per se is licensed hereunder.
58Recipient understands that although each Contributor grants the licenses to its
59Contributions set forth herein, no assurances are provided by any Contributor
60that the Program does not infringe the patent or other intellectual property
61rights of any other entity. Each Contributor disclaims any liability to
62Recipient for claims brought by any other entity based on infringement of
63intellectual property rights or otherwise. As a condition to exercising the
64rights and licenses granted hereunder, each Recipient hereby assumes sole
65responsibility to secure any other intellectual property rights needed, if any.
66For example, if a third party patent license is required to allow Recipient to
67distribute the Program, it is Recipient's responsibility to acquire that
68license before distributing the Program.
69Each Contributor represents that to its knowledge it has sufficient copyright
70rights in its Contribution, if any, to grant the copyright license set forth in
71this Agreement.
723. REQUIREMENTS
73
74A. Distributor may choose to distribute the Program in any form under this
75Agreement or under its own license agreement, provided that:
76
77it complies with the terms and conditions of this Agreement;
78if the Program is distributed in source code or other tangible form, a copy of
79this Agreement or Distributor's own license agreement is included with each
80copy of the Program; and
81if distributed under Distributor's own license agreement, such license
82agreement:
83effectively disclaims on behalf of all Contributors all warranties and
84conditions, express and implied, including warranties or conditions of title
85and non-infringement, and implied warranties or conditions of merchantability
86and fitness for a particular purpose;
87effectively excludes on behalf of all Contributors all liability for damages,
88including direct, indirect, special, incidental and consequential damages, such
89as lost profits; and
90states that any provisions which differ from this Agreement are offered by that
91Contributor alone and not by any other party.
92B. Each Distributor must include the following in a conspicuous location in the
93Program:
94
95Copyright (C) 2003, Lucent Technologies Inc. and others. All Rights Reserved.
96C. In addition, each Contributor must identify itself as the originator of its
97Contribution in a manner that reasonably allows subsequent Recipients to
98identify the originator of the Contribution. Also, each Contributor must agree
99that the additions and/or changes are intended to be a Contribution. Once a
100Contribution is contributed, it may not thereafter be revoked.
101
1024. COMMERCIAL DISTRIBUTION
103
104Commercial distributors of software may accept certain responsibilities with
105respect to end users, business partners and the like. While this license is
106intended to facilitate the commercial use of the Program, the Distributor who
107includes the Program in a commercial product offering should do so in a manner
108which does not create potential liability for Contributors. Therefore, if a
109Distributor includes the Program in a commercial product offering, such
110Distributor ("Commercial Distributor") hereby agrees to defend and
111indemnify every Contributor ("Indemnified Contributor") against any
112losses, damages and costs (collectively "Losses") arising from
113claims, lawsuits and other legal actions brought by a third party against the
114Indemnified Contributor to the extent caused by the acts or omissions of such
115Commercial Distributor in connection with its distribution of the Program in a
116commercial product offering. The obligations in this section do not apply to
117any claims or Losses relating to any actual or alleged intellectual property
118infringement. In order to qualify, an Indemnified Contributor must: a) promptly
119notify the Commercial Distributor in writing of such claim, and b) allow the
120Commercial Distributor to control, and cooperate with the Commercial
121Distributor in, the defense and any related settlement negotiations. The
122Indemnified Contributor may participate in any such claim at its own expense.
123
124For example, a Distributor might include the Program in a commercial product
125offering, Product X. That Distributor is then a Commercial Distributor. If that
126Commercial Distributor then makes performance claims, or offers warranties
127related to Product X, those performance claims and warranties are such
128Commercial Distributor's responsibility alone. Under this section, the
129Commercial Distributor would have to defend claims against the Contributors
130related to those performance claims and warranties, and if a court requires any
131Contributor to pay any damages as a result, the Commercial Distributor must pay
132those damages.
133
1345. NO WARRANTY
135
136EXCEPT AS EXPRESSLY SET FORTH IN THIS AGREEMENT, THE PROGRAM IS PROVIDED ON AN
137"AS IS" BASIS, WITHOUT WARRANTIES OR CONDITIONS OF ANY KIND, EITHER
138EXPRESS OR IMPLIED INCLUDING, WITHOUT LIMITATION, ANY WARRANTIES OR CONDITIONS
139OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY OR FITNESS FOR A PARTICULAR
140PURPOSE. Each Recipient is solely responsible for determining the
141appropriateness of using and distributing the Program and assumes all risks
142associated with its exercise of rights under this Agreement, including but not
143limited to the risks and costs of program errors, compliance with applicable
144laws, damage to or loss of data, programs or equipment, and unavailability or
145interruption of operations.
146
1476. DISCLAIMER OF LIABILITY
148
149EXCEPT AS EXPRESSLY SET FORTH IN THIS AGREEMENT, NEITHER RECIPIENT NOR ANY
150CONTRIBUTORS SHALL HAVE ANY LIABILITY FOR ANY DIRECT, INDIRECT, INCIDENTAL,
151SPECIAL, EXEMPLARY, OR CONSEQUENTIAL DAMAGES (INCLUDING WITHOUT LIMITATION LOST
152PROFITS), HOWEVER CAUSED AND ON ANY THEORY OF LIABILITY, WHETHER IN CONTRACT,
153STRICT LIABILITY, OR TORT (INCLUDING NEGLIGENCE OR OTHERWISE) ARISING IN ANY
154WAY OUT OF THE USE OR DISTRIBUTION OF THE PROGRAM OR THE EXERCISE OF ANY RIGHTS
155GRANTED HEREUNDER, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
156
1577. EXPORT CONTROL
158
159Recipient agrees that Recipient alone is responsible for compliance with the
160United States export administration regulations (and the export control laws
161and regulation of any other countries).
162
1638. GENERAL
164
165If any provision of this Agreement is invalid or unenforceable under applicable
166law, it shall not affect the validity or enforceability of the remainder of the
167terms of this Agreement, and without further action by the parties hereto, such
168provision shall be reformed to the minimum extent necessary to make such
169provision valid and enforceable.
170
171If Recipient institutes patent litigation against a Contributor with respect to
172a patent applicable to software (including a cross-claim or counterclaim in a
173lawsuit), then any patent licenses granted by that Contributor to such
174Recipient under this Agreement shall terminate as of the date such litigation
175is filed. In addition, if Recipient institutes patent litigation against any
176entity (including a cross-claim or counterclaim in a lawsuit) alleging that the
177Program itself (excluding combinations of the Program with other software or
178hardware) infringes such Recipient's patent(s), then such Recipient's rights
179granted under Section 2(b) shall terminate as of the date such litigation is
180filed.
181
182All Recipient's rights under this Agreement shall terminate if it fails to
183comply with any of the material terms or conditions of this Agreement and does
184not cure such failure in a reasonable period of time after becoming aware of
185such noncompliance. If all Recipient's rights under this Agreement terminate,
186Recipient agrees to cease use and distribution of the Program as soon as
187reasonably practicable. However, Recipient's obligations under this Agreement
188and any licenses granted by Recipient relating to the Program shall continue
189and survive.
190
191LUCENT may publish new versions (including revisions) of this Agreement from
192time to time. Each new version of the Agreement will be given a distinguishing
193version number. The Program (including Contributions) may always be distributed
194subject to the version of the Agreement under which it was received. In
195addition, after a new version of the Agreement is published, Contributor may
196elect to distribute the Program (including its Contributions) under the new
197version. No one other than LUCENT has the right to modify this Agreement.
198Except as expressly stated in Sections 2(a) and 2(b) above, Recipient receives
199no rights or licenses to the intellectual property of any Contributor under
200this Agreement, whether expressly, by implication, estoppel or otherwise. All
201rights in the Program not expressly granted under this Agreement are reserved.
202
203This Agreement is governed by the laws of the State of New York and the
204intellectual property laws of the United States of America. No party to this
205Agreement will bring a legal action under this Agreement more than one year
206after the cause of action arose. Each party waives its rights to a jury trial
207in any resulting litigation.
208
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