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  1. Lucent Public License Version 1.0
  2. THE ACCOMPANYING PROGRAM IS PROVIDED UNDER THE TERMS OF THIS PUBLIC LICENSE
  3. ("AGREEMENT"). ANY USE, REPRODUCTION OR DISTRIBUTION OF THE PROGRAM CONSTITUTES
  4. RECIPIENT'S ACCEPTANCE OF THIS AGREEMENT.
  5. 1. DEFINITIONS
  6. "Contribution" means:
  7. a. in the case of <ORGANIZATION> (" <OWNER> "), the Original Program, and
  8. b. in the case of each Contributor,
  9. i. changes to the Program, and
  10. ii. additions to the Program; where such changes and/or additions to the Program
  11. originate from and are "Contributed" by that particular Contributor.
  12. A Contribution is "Contributed" by a Contributor only (i) if it was added
  13. to the Program by such Contributor itself or anyone acting on such Contributor's
  14. behalf, and (ii) the Contributor explicitly consents, in accordance with Section
  15. 3C, to characterization of the changes and/or additions as Contributions.
  16. Contributions do not include additions to the Program which: (i) are separate
  17. modules of software distributed in conjunction with the Program under their
  18. own license agreement, and (ii) are not derivative works of the Program.
  19. "Contributor" means <OWNER> and any other entity that has Contributed a Contribution
  20. to the Program.
  21. "Distributor" means a Recipient that distributes the Program, modifications
  22. to the Program, or any part thereof.
  23. "Licensed Patents" mean patent claims licensable by a Contributor which are
  24. necessarily infringed by the use or sale of its Contribution alone or when
  25. combined with the Program.
  26. "Original Program" means the original version of the software accompanying
  27. this Agreement as released by <OWNER> , including source code, object code
  28. and documentation, if any.
  29. "Program" means the Original Program and Contributions or any part thereof
  30. "Recipient" means anyone who receives the Program under this Agreement, including
  31. all Contributors.
  32. 2. GRANT OF RIGHTS
  33. a. Subject to the terms of this Agreement, each Contributor hereby grants
  34. Recipient a non-exclusive, worldwide, royalty-free copyright license to reproduce,
  35. prepare derivative works of, publicly display, publicly perform, distribute
  36. and sublicense the Contribution of such Contributor, if any, and such derivative
  37. works, in source code and object code form.
  38. b. Subject to the terms of this Agreement, each Contributor hereby grants
  39. Recipient a non-exclusive, worldwide, royalty-free patent license under Licensed
  40. Patents to make, use, sell, offer to sell, import and otherwise transfer the
  41. Contribution of such Contributor, if any, in source code and object code form.
  42. The patent license granted by a Contributor shall also apply to the combination
  43. of the Contribution of that Contributor and the Program if, at the time the
  44. Contribution is added by the Contributor, such addition of the Contribution
  45. causes such combination to be covered by the Licensed Patents. The patent
  46. license granted by a Contributor shall not apply to (i) any other combinations
  47. which include the Contribution, nor to (ii) Contributions of other Contributors.
  48. No hardware per se is licensed hereunder.
  49. c. Recipient understands that although each Contributor grants the licenses
  50. to its Contributions set forth herein, no assurances are provided by any Contributor
  51. that the Program does not infringe the patent or other intellectual property
  52. rights of any other entity. Each Contributor disclaims any liability to Recipient
  53. for claims brought by any other entity based on infringement of intellectual
  54. property rights or otherwise. As a condition to exercising the rights and
  55. licenses granted hereunder, each Recipient hereby assumes sole responsibility
  56. to secure any other intellectual property rights needed, if any. For example,
  57. if a third party patent license is required to allow Recipient to distribute
  58. the Program, it is Recipient's responsibility to acquire that license before
  59. distributing the Program.
  60. d. Each Contributor represents that to its knowledge it has sufficient copyright
  61. rights in its Contribution, if any, to grant the copyright license set forth
  62. in this Agreement.
  63. 3. REQUIREMENTS
  64. A. Distributor may choose to distribute the Program in any form under this
  65. Agreement or under its own license agreement, provided that:
  66. 1. it complies with the terms and conditions of this Agreement;
  67. 2. if the Program is distributed in source code or other tangible form, a
  68. copy of this Agreement or Distributor's own license agreement is included
  69. with each copy of the Program; and
  70. 3. if distributed under Distributor's own license agreement, such license
  71. agreement:
  72. a. effectively disclaims on behalf of all Contributors all warranties and
  73. conditions, express and implied, including warranties or conditions of title
  74. and non-infringement, and implied warranties or conditions of merchantability
  75. and fitness for a particular purpose;
  76. b. effectively excludes on behalf of all Contributors all liability for damages,
  77. including direct, indirect, special, incidental and consequential damages,
  78. such as lost profits; and
  79. c. states that any provisions which differ from this Agreement are offered
  80. by that Contributor alone and not by any other party.
  81. B. Each Distributor must include the following in a conspicuous location in
  82. the Program:
  83. Copyright (C) <YEAR>, <ORGANIZATION> and others. All Rights Reserved.
  84. C. In addition, each Contributor must identify itself as the originator of
  85. its Contribution, if any, and indicate its consent to characterization of
  86. its additions and/or changes as a Contribution, in a manner that reasonably
  87. allows subsequent Recipients to identify the originator of the Contribution.
  88. Once consent is granted, it may not thereafter be revoked.
  89. 4. COMMERCIAL DISTRIBUTION
  90. Commercial distributors of software may accept certain responsibilities with
  91. respect to end users, business partners and the like. While this license is
  92. intended to facilitate the commercial use of the Program, the Distributor
  93. who includes the Program in a commercial product offering should do so in
  94. a manner which does not create potential liability for Contributors. Therefore,
  95. if a Distributor includes the Program in a commercial product offering, such
  96. Distributor ("Commercial Distributor") hereby agrees to defend and indemnify
  97. every Contributor ("Indemnified Contributor") against any losses, damages
  98. and costs (collectively "Losses") arising from claims, lawsuits and other
  99. legal actions brought by a third party against the Indemnified Contributor
  100. to the extent caused by the acts or omissions of such Commercial Distributor
  101. in connection with its distribution of the Program in a commercial product
  102. offering. The obligations in this section do not apply to any claims or Losses
  103. relating to any actual or alleged intellectual property infringement. In order
  104. to qualify, an Indemnified Contributor must: a) promptly notify the Commercial
  105. Distributor in writing of such claim, and b) allow the Commercial Distributor
  106. to control, and cooperate with the Commercial Distributor in, the defense
  107. and any related settlement negotiations. The Indemnified Contributor may participate
  108. in any such claim at its own expense.
  109. For example, a Distributor might include the Program in a commercial product
  110. offering, Product X. That Distributor is then a Commercial Distributor. If
  111. that Commercial Distributor then makes performance claims, or offers warranties
  112. related to Product X, those performance claims and warranties are such Commercial
  113. Distributor's responsibility alone. Under this section, the Commercial Distributor
  114. would have to defend claims against the Contributors related to those performance
  115. claims and warranties, and if a court requires any Contributor to pay any
  116. damages as a result, the Commercial Distributor must pay those damages.
  117. 5. NO WARRANTY
  118. EXCEPT AS EXPRESSLY SET FORTH IN THIS AGREEMENT, THE PROGRAM IS PROVIDED ON
  119. AN "AS IS" BASIS, WITHOUT WARRANTIES OR CONDITIONS OF ANY KIND, EITHER EXPRESS
  120. OR IMPLIED INCLUDING, WITHOUT LIMITATION, ANY WARRANTIES OR CONDITIONS OF
  121. TITLE, NON-INFRINGEMENT, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE.
  122. Each Recipient is solely responsible for determining the appropriateness of
  123. using and distributing the Program and assumes all risks associated with its
  124. exercise of rights under this Agreement, including but not limited to the
  125. risks and costs of program errors, compliance with applicable laws, damage
  126. to or loss of data, programs or equipment, and unavailability or interruption
  127. of operations.
  128. 6. DISCLAIMER OF LIABILITY
  129. EXCEPT AS EXPRESSLY SET FORTH IN THIS AGREEMENT, NEITHER RECIPIENT NOR ANY
  130. CONTRIBUTORS SHALL HAVE ANY LIABILITY FOR ANY DIRECT, INDIRECT, INCIDENTAL,
  131. SPECIAL, EXEMPLARY, OR CONSEQUENTIAL DAMAGES (INCLUDING WITHOUT LIMITATION
  132. LOST PROFITS), HOWEVER CAUSED AND ON ANY THEORY OF LIABILITY, WHETHER IN CONTRACT,
  133. STRICT LIABILITY, OR TORT (INCLUDING NEGLIGENCE OR OTHERWISE) ARISING IN ANY
  134. WAY OUT OF THE USE OR DISTRIBUTION OF THE PROGRAM OR THE EXERCISE OF ANY RIGHTS
  135. GRANTED HEREUNDER, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
  136. 7. GENERAL
  137. If any provision of this Agreement is invalid or unenforceable under applicable
  138. law, it shall not affect the validity or enforceability of the remainder of
  139. the terms of this Agreement, and without further action by the parties hereto,
  140. such provision shall be reformed to the minimum extent necessary to make such
  141. provision valid and enforceable.
  142. If Recipient institutes patent litigation against a Contributor with respect
  143. to a patent applicable to software (including a cross-claim or counterclaim
  144. in a lawsuit), then any patent licenses granted by that Contributor to such
  145. Recipient under this Agreement shall terminate as of the date such litigation
  146. is filed. In addition, if Recipient institutes patent litigation against any
  147. entity (including a cross-claim or counterclaim in a lawsuit) alleging that
  148. the Program itself (excluding combinations of the Program with other software
  149. or hardware) infringes such Recipient's patent(s), then such Recipient's rights
  150. granted under Section 2(b) shall terminate as of the date such litigation
  151. is filed.
  152. All Recipient's rights under this Agreement shall terminate if it fails to
  153. comply with any of the material terms or conditions of this Agreement and
  154. does not cure such failure in a reasonable period of time after becoming aware
  155. of such noncompliance. If all Recipient's rights under this Agreement terminate,
  156. Recipient agrees to cease use and distribution of the Program as soon as reasonably
  157. practicable. However, Recipient's obligations under this Agreement and any
  158. licenses granted by Recipient relating to the Program shall continue and survive.
  159. <OWNER> may publish new versions (including revisions) of this Agreement from
  160. time to time. Each new version of the Agreement will be given a distinguishing
  161. version number. The Program (including Contributions) may always be distributed
  162. subject to the version of the Agreement under which it was received. In addition,
  163. after a new version of the Agreement is published, Contributor may elect to
  164. distribute the Program (including its Contributions) under the new version.
  165. No one other than <OWNER> has the right to modify this Agreement. Except as
  166. expressly stated in Sections 2(a) and 2(b) above, Recipient receives no rights
  167. or licenses to the intellectual property of any Contributor under this Agreement,
  168. whether expressly, by implication, estoppel or otherwise. All rights in the
  169. Program not expressly granted under this Agreement are reserved.
  170. This Agreement is governed by the laws of the State of <STATE> and the intellectual
  171. property laws of the United States of America. No party to this Agreement
  172. will bring a legal action under this Agreement more than one year after the
  173. cause of action arose. Each party waives its rights to a jury trial in any
  174. resulting litigation.