LUCENT (12895B)
1 The Plan 9 software is provided under the terms of the 2 Lucent Public License, Version 1.02, reproduced below, 3 with the following exceptions: 4 5 1. No right is granted to create derivative works of or 6 to redistribute (other than with the Plan 9 Operating System) 7 the screen imprinter fonts identified in subdirectory 8 /lib/font/bit/lucida and printer fonts (Lucida Sans Unicode, Lucida 9 Sans Italic, Lucida Sans Demibold, Lucida Typewriter, Lucida Sans 10 Typewriter83), identified in subdirectory /sys/lib/postscript/font. 11 These directories contain material copyrights by B&H Inc. and Y&Y Inc. 12 13 2. The printer fonts identified in subdirectory /sys/lib/ghostscript/font 14 are subject to the GNU GPL, reproduced in the file /LICENSE.gpl. 15 16 3. The ghostscript program in the subdirectory /sys/src/cmd/gs is 17 covered by the Aladdin Free Public License, reproduced in the file 18 /LICENSE.afpl. 19 20 =================================================================== 21 22 Lucent Public License Version 1.02 23 24 THE ACCOMPANYING PROGRAM IS PROVIDED UNDER THE TERMS OF THIS PUBLIC 25 LICENSE ("AGREEMENT"). ANY USE, REPRODUCTION OR DISTRIBUTION OF THE 26 PROGRAM CONSTITUTES RECIPIENT'S ACCEPTANCE OF THIS AGREEMENT. 27 28 1. DEFINITIONS 29 30 "Contribution" means: 31 32 a. in the case of Lucent Technologies Inc. ("LUCENT"), the Original 33 Program, and 34 b. in the case of each Contributor, 35 36 i. changes to the Program, and 37 ii. additions to the Program; 38 39 where such changes and/or additions to the Program were added to the 40 Program by such Contributor itself or anyone acting on such 41 Contributor's behalf, and the Contributor explicitly consents, in 42 accordance with Section 3C, to characterization of the changes and/or 43 additions as Contributions. 44 45 "Contributor" means LUCENT and any other entity that has Contributed a 46 Contribution to the Program. 47 48 "Distributor" means a Recipient that distributes the Program, 49 modifications to the Program, or any part thereof. 50 51 "Licensed Patents" mean patent claims licensable by a Contributor 52 which are necessarily infringed by the use or sale of its Contribution 53 alone or when combined with the Program. 54 55 "Original Program" means the original version of the software 56 accompanying this Agreement as released by LUCENT, including source 57 code, object code and documentation, if any. 58 59 "Program" means the Original Program and Contributions or any part 60 thereof 61 62 "Recipient" means anyone who receives the Program under this 63 Agreement, including all Contributors. 64 65 2. GRANT OF RIGHTS 66 67 a. Subject to the terms of this Agreement, each Contributor hereby 68 grants Recipient a non-exclusive, worldwide, royalty-free copyright 69 license to reproduce, prepare derivative works of, publicly display, 70 publicly perform, distribute and sublicense the Contribution of such 71 Contributor, if any, and such derivative works, in source code and 72 object code form. 73 74 b. Subject to the terms of this Agreement, each Contributor hereby 75 grants Recipient a non-exclusive, worldwide, royalty-free patent 76 license under Licensed Patents to make, use, sell, offer to sell, 77 import and otherwise transfer the Contribution of such Contributor, if 78 any, in source code and object code form. The patent license granted 79 by a Contributor shall also apply to the combination of the 80 Contribution of that Contributor and the Program if, at the time the 81 Contribution is added by the Contributor, such addition of the 82 Contribution causes such combination to be covered by the Licensed 83 Patents. The patent license granted by a Contributor shall not apply 84 to (i) any other combinations which include the Contribution, nor to 85 (ii) Contributions of other Contributors. No hardware per se is 86 licensed hereunder. 87 88 c. Recipient understands that although each Contributor grants the 89 licenses to its Contributions set forth herein, no assurances are 90 provided by any Contributor that the Program does not infringe the 91 patent or other intellectual property rights of any other entity. Each 92 Contributor disclaims any liability to Recipient for claims brought by 93 any other entity based on infringement of intellectual property rights 94 or otherwise. As a condition to exercising the rights and licenses 95 granted hereunder, each Recipient hereby assumes sole responsibility 96 to secure any other intellectual property rights needed, if any. For 97 example, if a third party patent license is required to allow 98 Recipient to distribute the Program, it is Recipient's responsibility 99 to acquire that license before distributing the Program. 100 101 d. Each Contributor represents that to its knowledge it has sufficient 102 copyright rights in its Contribution, if any, to grant the copyright 103 license set forth in this Agreement. 104 105 3. REQUIREMENTS 106 107 A. Distributor may choose to distribute the Program in any form under 108 this Agreement or under its own license agreement, provided that: 109 110 a. it complies with the terms and conditions of this Agreement; 111 112 b. if the Program is distributed in source code or other tangible 113 form, a copy of this Agreement or Distributor's own license agreement 114 is included with each copy of the Program; and 115 116 c. if distributed under Distributor's own license agreement, such 117 license agreement: 118 119 i. effectively disclaims on behalf of all Contributors all warranties 120 and conditions, express and implied, including warranties or 121 conditions of title and non-infringement, and implied warranties or 122 conditions of merchantability and fitness for a particular purpose; 123 ii. effectively excludes on behalf of all Contributors all liability 124 for damages, including direct, indirect, special, incidental and 125 consequential damages, such as lost profits; and 126 iii. states that any provisions which differ from this Agreement are 127 offered by that Contributor alone and not by any other party. 128 129 B. Each Distributor must include the following in a conspicuous 130 location in the Program: 131 132 Copyright (C) 2003, Lucent Technologies Inc. and others. All Rights 133 Reserved. 134 135 C. In addition, each Contributor must identify itself as the 136 originator of its Contribution in a manner that reasonably allows 137 subsequent Recipients to identify the originator of the Contribution. 138 Also, each Contributor must agree that the additions and/or changes 139 are intended to be a Contribution. Once a Contribution is contributed, 140 it may not thereafter be revoked. 141 142 4. COMMERCIAL DISTRIBUTION 143 144 Commercial distributors of software may accept certain 145 responsibilities with respect to end users, business partners and the 146 like. While this license is intended to facilitate the commercial use 147 of the Program, the Distributor who includes the Program in a 148 commercial product offering should do so in a manner which does not 149 create potential liability for Contributors. Therefore, if a 150 Distributor includes the Program in a commercial product offering, 151 such Distributor ("Commercial Distributor") hereby agrees to defend 152 and indemnify every Contributor ("Indemnified Contributor") against 153 any losses, damages and costs (collectively"Losses") arising from 154 claims, lawsuits and other legal actions brought by a third party 155 against the Indemnified Contributor to the extent caused by the acts 156 or omissions of such Commercial Distributor in connection with its 157 distribution of the Program in a commercial product offering. The 158 obligations in this section do not apply to any claims or Losses 159 relating to any actual or alleged intellectual property infringement. 160 In order to qualify, an Indemnified Contributor must: a) promptly 161 notify the Commercial Distributor in writing of such claim, and b) 162 allow the Commercial Distributor to control, and cooperate with the 163 Commercial Distributor in, the defense and any related settlement 164 negotiations. The Indemnified Contributor may participate in any such 165 claim at its own expense. 166 167 For example, a Distributor might include the Program in a commercial 168 product offering, Product X. That Distributor is then a Commercial 169 Distributor. If that Commercial Distributor then makes performance 170 claims, or offers warranties related to Product X, those performance 171 claims and warranties are such Commercial Distributor's responsibility 172 alone. Under this section, the Commercial Distributor would have to 173 defend claims against the Contributors related to those performance 174 claims and warranties, and if a court requires any Contributor to pay 175 any damages as a result, the Commercial Distributor must pay those 176 damages. 177 178 5. NO WARRANTY 179 180 EXCEPT AS EXPRESSLY SET FORTH IN THIS AGREEMENT, THE PROGRAM IS 181 PROVIDED ON AN"AS IS" BASIS, WITHOUT WARRANTIES OR CONDITIONS OF ANY 182 KIND, EITHER EXPRESS OR IMPLIED INCLUDING, WITHOUT LIMITATION, ANY 183 WARRANTIES OR CONDITIONS OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY 184 OR FITNESS FOR A PARTICULAR PURPOSE. Each Recipient is solely 185 responsible for determining the appropriateness of using and 186 distributing the Program and assumes all risks associated with its 187 exercise of rights under this Agreement, including but not limited to 188 the risks and costs of program errors, compliance with applicable 189 laws, damage to or loss of data, programs or equipment, and 190 unavailability or interruption of operations. 191 192 6. DISCLAIMER OF LIABILITY 193 194 EXCEPT AS EXPRESSLY SET FORTH IN THIS AGREEMENT, NEITHER RECIPIENT NOR 195 ANY CONTRIBUTORS SHALL HAVE ANY LIABILITY FOR ANY DIRECT, INDIRECT, 196 INCIDENTAL, SPECIAL, EXEMPLARY, OR CONSEQUENTIAL DAMAGES (INCLUDING 197 WITHOUT LIMITATION LOST PROFITS), HOWEVER CAUSED AND ON ANY THEORY OF 198 LIABILITY, WHETHER IN CONTRACT, STRICT LIABILITY, OR TORT (INCLUDING 199 NEGLIGENCE OR OTHERWISE) ARISING IN ANY WAY OUT OF THE USE OR 200 DISTRIBUTION OF THE PROGRAM OR THE EXERCISE OF ANY RIGHTS GRANTED 201 HEREUNDER, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. 202 203 7. EXPORT CONTROL 204 205 Recipient agrees that Recipient alone is responsible for compliance 206 with the United States export administration regulations (and the 207 export control laws and regulation of any other countries). 208 209 8. GENERAL 210 211 If any provision of this Agreement is invalid or unenforceable under 212 applicable law, it shall not affect the validity or enforceability of 213 the remainder of the terms of this Agreement, and without further 214 action by the parties hereto, such provision shall be reformed to the 215 minimum extent necessary to make such provision valid and enforceable. 216 217 If Recipient institutes patent litigation against a Contributor with 218 respect to a patent applicable to software (including a cross-claim or 219 counterclaim in a lawsuit), then any patent licenses granted by that 220 Contributor to such Recipient under this Agreement shall terminate as 221 of the date such litigation is filed. In addition, if Recipient 222 institutes patent litigation against any entity (including a 223 cross-claim or counterclaim in a lawsuit) alleging that the Program 224 itself (excluding combinations of the Program with other software or 225 hardware) infringes such Recipient's patent(s), then such Recipient's 226 rights granted under Section 2(b) shall terminate as of the date such 227 litigation is filed. 228 229 All Recipient's rights under this Agreement shall terminate if it 230 fails to comply with any of the material terms or conditions of this 231 Agreement and does not cure such failure in a reasonable period of 232 time after becoming aware of such noncompliance. If all Recipient's 233 rights under this Agreement terminate, Recipient agrees to cease use 234 and distribution of the Program as soon as reasonably practicable. 235 However, Recipient's obligations under this Agreement and any licenses 236 granted by Recipient relating to the Program shall continue and 237 survive. 238 239 LUCENT may publish new versions (including revisions) of this 240 Agreement from time to time. Each new version of the Agreement will be 241 given a distinguishing version number. The Program (including 242 Contributions) may always be distributed subject to the version of the 243 Agreement under which it was received. In addition, after a new 244 version of the Agreement is published, Contributor may elect to 245 distribute the Program (including its Contributions) under the new 246 version. No one other than LUCENT has the right to modify this 247 Agreement. Except as expressly stated in Sections 2(a) and 2(b) above, 248 Recipient receives no rights or licenses to the intellectual property 249 of any Contributor under this Agreement, whether expressly, by 250 implication, estoppel or otherwise. All rights in the Program not 251 expressly granted under this Agreement are reserved. 252 253 This Agreement is governed by the laws of the State of New York and 254 the intellectual property laws of the United States of America. No 255 party to this Agreement will bring a legal action under this Agreement 256 more than one year after the cause of action arose. Each party waives 257 its rights to a jury trial in any resulting litigation. 258