diff options
Diffstat (limited to 'meta/files/common-licenses/LPL-1')
-rw-r--r-- | meta/files/common-licenses/LPL-1 | 213 |
1 files changed, 213 insertions, 0 deletions
diff --git a/meta/files/common-licenses/LPL-1 b/meta/files/common-licenses/LPL-1 new file mode 100644 index 0000000000..9899f5ee37 --- /dev/null +++ b/meta/files/common-licenses/LPL-1 | |||
@@ -0,0 +1,213 @@ | |||
1 | |||
2 | Lucent Public License Version 1.02 | ||
3 | |||
4 | THE ACCOMPANYING PROGRAM IS PROVIDED UNDER THE TERMS OF THIS PUBLIC LICENSE | ||
5 | ("AGREEMENT"). ANY USE, REPRODUCTION OR DISTRIBUTION OF THE PROGRAM | ||
6 | CONSTITUTES RECIPIENT'S ACCEPTANCE OF THIS AGREEMENT. | ||
7 | 1. DEFINITIONS | ||
8 | |||
9 | "Contribution" means: | ||
10 | |||
11 | in the case of Lucent Technologies Inc. ("LUCENT"), the Original | ||
12 | Program, and | ||
13 | in the case of each Contributor, | ||
14 | changes to the Program, and | ||
15 | additions to the Program; | ||
16 | where such changes and/or additions to the Program were added to the Program by | ||
17 | such Contributor itself or anyone acting on such Contributor's behalf, and the | ||
18 | Contributor explicitly consents, in accordance with Section 3C, to | ||
19 | characterization of the changes and/or additions as Contributions. | ||
20 | "Contributor" means LUCENT and any other entity that has Contributed | ||
21 | a Contribution to the Program. | ||
22 | |||
23 | "Distributor" means a Recipient that distributes the Program, | ||
24 | modifications to the Program, or any part thereof. | ||
25 | |||
26 | "Licensed Patents" mean patent claims licensable by a Contributor | ||
27 | which are necessarily infringed by the use or sale of its Contribution alone or | ||
28 | when combined with the Program. | ||
29 | |||
30 | "Original Program" means the original version of the software | ||
31 | accompanying this Agreement as released by LUCENT, including source code, | ||
32 | object code and documentation, if any. | ||
33 | |||
34 | "Program" means the Original Program and Contributions or any part | ||
35 | thereof | ||
36 | |||
37 | "Recipient" means anyone who receives the Program under this | ||
38 | Agreement, including all Contributors. | ||
39 | |||
40 | 2. GRANT OF RIGHTS | ||
41 | |||
42 | Subject to the terms of this Agreement, each Contributor hereby grants | ||
43 | Recipient a non-exclusive, worldwide, royalty-free copyright license to | ||
44 | reproduce, prepare derivative works of, publicly display, publicly perform, | ||
45 | distribute and sublicense the Contribution of such Contributor, if any, and | ||
46 | such derivative works, in source code and object code form. | ||
47 | Subject to the terms of this Agreement, each Contributor hereby grants | ||
48 | Recipient a non-exclusive, worldwide, royalty-free patent license under | ||
49 | Licensed Patents to make, use, sell, offer to sell, import and otherwise | ||
50 | transfer the Contribution of such Contributor, if any, in source code and | ||
51 | object code form. The patent license granted by a Contributor shall also apply | ||
52 | to the combination of the Contribution of that Contributor and the Program if, | ||
53 | at the time the Contribution is added by the Contributor, such addition of the | ||
54 | Contribution causes such combination to be covered by the Licensed Patents. The | ||
55 | patent license granted by a Contributor shall not apply to (i) any other | ||
56 | combinations which include the Contribution, nor to (ii) Contributions of other | ||
57 | Contributors. No hardware per se is licensed hereunder. | ||
58 | Recipient understands that although each Contributor grants the licenses to its | ||
59 | Contributions set forth herein, no assurances are provided by any Contributor | ||
60 | that the Program does not infringe the patent or other intellectual property | ||
61 | rights of any other entity. Each Contributor disclaims any liability to | ||
62 | Recipient for claims brought by any other entity based on infringement of | ||
63 | intellectual property rights or otherwise. As a condition to exercising the | ||
64 | rights and licenses granted hereunder, each Recipient hereby assumes sole | ||
65 | responsibility to secure any other intellectual property rights needed, if any. | ||
66 | For example, if a third party patent license is required to allow Recipient to | ||
67 | distribute the Program, it is Recipient's responsibility to acquire that | ||
68 | license before distributing the Program. | ||
69 | Each Contributor represents that to its knowledge it has sufficient copyright | ||
70 | rights in its Contribution, if any, to grant the copyright license set forth in | ||
71 | this Agreement. | ||
72 | 3. REQUIREMENTS | ||
73 | |||
74 | A. Distributor may choose to distribute the Program in any form under this | ||
75 | Agreement or under its own license agreement, provided that: | ||
76 | |||
77 | it complies with the terms and conditions of this Agreement; | ||
78 | if the Program is distributed in source code or other tangible form, a copy of | ||
79 | this Agreement or Distributor's own license agreement is included with each | ||
80 | copy of the Program; and | ||
81 | if distributed under Distributor's own license agreement, such license | ||
82 | agreement: | ||
83 | effectively disclaims on behalf of all Contributors all warranties and | ||
84 | conditions, express and implied, including warranties or conditions of title | ||
85 | and non-infringement, and implied warranties or conditions of merchantability | ||
86 | and fitness for a particular purpose; | ||
87 | effectively excludes on behalf of all Contributors all liability for damages, | ||
88 | including direct, indirect, special, incidental and consequential damages, such | ||
89 | as lost profits; and | ||
90 | states that any provisions which differ from this Agreement are offered by that | ||
91 | Contributor alone and not by any other party. | ||
92 | B. Each Distributor must include the following in a conspicuous location in the | ||
93 | Program: | ||
94 | |||
95 | Copyright (C) 2003, Lucent Technologies Inc. and others. All Rights Reserved. | ||
96 | C. In addition, each Contributor must identify itself as the originator of its | ||
97 | Contribution in a manner that reasonably allows subsequent Recipients to | ||
98 | identify the originator of the Contribution. Also, each Contributor must agree | ||
99 | that the additions and/or changes are intended to be a Contribution. Once a | ||
100 | Contribution is contributed, it may not thereafter be revoked. | ||
101 | |||
102 | 4. COMMERCIAL DISTRIBUTION | ||
103 | |||
104 | Commercial distributors of software may accept certain responsibilities with | ||
105 | respect to end users, business partners and the like. While this license is | ||
106 | intended to facilitate the commercial use of the Program, the Distributor who | ||
107 | includes the Program in a commercial product offering should do so in a manner | ||
108 | which does not create potential liability for Contributors. Therefore, if a | ||
109 | Distributor includes the Program in a commercial product offering, such | ||
110 | Distributor ("Commercial Distributor") hereby agrees to defend and | ||
111 | indemnify every Contributor ("Indemnified Contributor") against any | ||
112 | losses, damages and costs (collectively "Losses") arising from | ||
113 | claims, lawsuits and other legal actions brought by a third party against the | ||
114 | Indemnified Contributor to the extent caused by the acts or omissions of such | ||
115 | Commercial Distributor in connection with its distribution of the Program in a | ||
116 | commercial product offering. The obligations in this section do not apply to | ||
117 | any claims or Losses relating to any actual or alleged intellectual property | ||
118 | infringement. In order to qualify, an Indemnified Contributor must: a) promptly | ||
119 | notify the Commercial Distributor in writing of such claim, and b) allow the | ||
120 | Commercial Distributor to control, and cooperate with the Commercial | ||
121 | Distributor in, the defense and any related settlement negotiations. The | ||
122 | Indemnified Contributor may participate in any such claim at its own expense. | ||
123 | |||
124 | For example, a Distributor might include the Program in a commercial product | ||
125 | offering, Product X. That Distributor is then a Commercial Distributor. If that | ||
126 | Commercial Distributor then makes performance claims, or offers warranties | ||
127 | related to Product X, those performance claims and warranties are such | ||
128 | Commercial Distributor's responsibility alone. Under this section, the | ||
129 | Commercial Distributor would have to defend claims against the Contributors | ||
130 | related to those performance claims and warranties, and if a court requires any | ||
131 | Contributor to pay any damages as a result, the Commercial Distributor must pay | ||
132 | those damages. | ||
133 | |||
134 | 5. NO WARRANTY | ||
135 | |||
136 | EXCEPT 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 | ||
138 | EXPRESS OR IMPLIED INCLUDING, WITHOUT LIMITATION, ANY WARRANTIES OR CONDITIONS | ||
139 | OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY OR FITNESS FOR A PARTICULAR | ||
140 | PURPOSE. Each Recipient is solely responsible for determining the | ||
141 | appropriateness of using and distributing the Program and assumes all risks | ||
142 | associated with its exercise of rights under this Agreement, including but not | ||
143 | limited to the risks and costs of program errors, compliance with applicable | ||
144 | laws, damage to or loss of data, programs or equipment, and unavailability or | ||
145 | interruption of operations. | ||
146 | |||
147 | 6. DISCLAIMER OF LIABILITY | ||
148 | |||
149 | EXCEPT AS EXPRESSLY SET FORTH IN THIS AGREEMENT, NEITHER RECIPIENT NOR ANY | ||
150 | CONTRIBUTORS SHALL HAVE ANY LIABILITY FOR ANY DIRECT, INDIRECT, INCIDENTAL, | ||
151 | SPECIAL, EXEMPLARY, OR CONSEQUENTIAL DAMAGES (INCLUDING WITHOUT LIMITATION LOST | ||
152 | PROFITS), HOWEVER CAUSED AND ON ANY THEORY OF LIABILITY, WHETHER IN CONTRACT, | ||
153 | STRICT LIABILITY, OR TORT (INCLUDING NEGLIGENCE OR OTHERWISE) ARISING IN ANY | ||
154 | WAY OUT OF THE USE OR DISTRIBUTION OF THE PROGRAM OR THE EXERCISE OF ANY RIGHTS | ||
155 | GRANTED HEREUNDER, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. | ||
156 | |||
157 | 7. EXPORT CONTROL | ||
158 | |||
159 | Recipient agrees that Recipient alone is responsible for compliance with the | ||
160 | United States export administration regulations (and the export control laws | ||
161 | and regulation of any other countries). | ||
162 | |||
163 | 8. GENERAL | ||
164 | |||
165 | If any provision of this Agreement is invalid or unenforceable under applicable | ||
166 | law, it shall not affect the validity or enforceability of the remainder of the | ||
167 | terms of this Agreement, and without further action by the parties hereto, such | ||
168 | provision shall be reformed to the minimum extent necessary to make such | ||
169 | provision valid and enforceable. | ||
170 | |||
171 | If Recipient institutes patent litigation against a Contributor with respect to | ||
172 | a patent applicable to software (including a cross-claim or counterclaim in a | ||
173 | lawsuit), then any patent licenses granted by that Contributor to such | ||
174 | Recipient under this Agreement shall terminate as of the date such litigation | ||
175 | is filed. In addition, if Recipient institutes patent litigation against any | ||
176 | entity (including a cross-claim or counterclaim in a lawsuit) alleging that the | ||
177 | Program itself (excluding combinations of the Program with other software or | ||
178 | hardware) infringes such Recipient's patent(s), then such Recipient's rights | ||
179 | granted under Section 2(b) shall terminate as of the date such litigation is | ||
180 | filed. | ||
181 | |||
182 | All Recipient's rights under this Agreement shall terminate if it fails to | ||
183 | comply with any of the material terms or conditions of this Agreement and does | ||
184 | not cure such failure in a reasonable period of time after becoming aware of | ||
185 | such noncompliance. If all Recipient's rights under this Agreement terminate, | ||
186 | Recipient agrees to cease use and distribution of the Program as soon as | ||
187 | reasonably practicable. However, Recipient's obligations under this Agreement | ||
188 | and any licenses granted by Recipient relating to the Program shall continue | ||
189 | and survive. | ||
190 | |||
191 | LUCENT may publish new versions (including revisions) of this Agreement from | ||
192 | time to time. Each new version of the Agreement will be given a distinguishing | ||
193 | version number. The Program (including Contributions) may always be distributed | ||
194 | subject to the version of the Agreement under which it was received. In | ||
195 | addition, after a new version of the Agreement is published, Contributor may | ||
196 | elect to distribute the Program (including its Contributions) under the new | ||
197 | version. No one other than LUCENT has the right to modify this Agreement. | ||
198 | Except as expressly stated in Sections 2(a) and 2(b) above, Recipient receives | ||
199 | no rights or licenses to the intellectual property of any Contributor under | ||
200 | this Agreement, whether expressly, by implication, estoppel or otherwise. All | ||
201 | rights in the Program not expressly granted under this Agreement are reserved. | ||
202 | |||
203 | This Agreement is governed by the laws of the State of New York and the | ||
204 | intellectual property laws of the United States of America. No party to this | ||
205 | Agreement will bring a legal action under this Agreement more than one year | ||
206 | after the cause of action arose. Each party waives its rights to a jury trial | ||
207 | in any resulting litigation. | ||
208 | |||
209 | |||
210 | |||
211 | |||
212 | |||
213 | |||