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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