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-
-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:
-
-in the case of Lucent Technologies Inc. ("LUCENT"), the Original
-Program, and
-in the case of each Contributor,
-changes to the Program, and
-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
-
-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.
-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.
-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.
-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:
-
-it complies with the terms and conditions of this Agreement;
-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
-if distributed under Distributor's own license agreement, such license
-agreement:
-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;
-effectively excludes on behalf of all Contributors all liability for damages,
-including direct, indirect, special, incidental and consequential damages, such
-as lost profits; and
-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.
-
-
-
-
-
-