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- Lucent Public License Version 1.0
-
- 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:
-
- a. in the case of <ORGANIZATION> (" <OWNER> "), the Original Program, and
-
- b. in the case of each Contributor,
-
- i. changes to the Program, and
-
- ii. additions to the Program; where such changes and/or additions to the Program
- originate from and are "Contributed" by that particular Contributor.
-
- A Contribution is "Contributed" by a Contributor only (i) if it was added
- to the Program by such Contributor itself or anyone acting on such Contributor's
- behalf, and (ii) the Contributor explicitly consents, in accordance with Section
- 3C, to characterization of the changes and/or additions as Contributions.
- Contributions do not include additions to the Program which: (i) are separate
- modules of software distributed in conjunction with the Program under their
- own license agreement, and (ii) are not derivative works of the Program.
-
- "Contributor" means <OWNER> 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 <OWNER> , 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
-
- a. 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.
-
- b. 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.
-
- c. 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.
-
- d. 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:
-
- 1. it complies with the terms and conditions of this Agreement;
-
- 2. 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
-
- 3. if distributed under Distributor's own license agreement, such license
- agreement:
-
- a. 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;
-
- b. effectively excludes on behalf of all Contributors all liability for damages,
- including direct, indirect, special, incidental and consequential damages,
- such as lost profits; and
-
- c. 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) <YEAR>, <ORGANIZATION> and others. All Rights Reserved.
-
- C. In addition, each Contributor must identify itself as the originator of
- its Contribution, if any, and indicate its consent to characterization of
- its additions and/or changes as a Contribution, in a manner that reasonably
- allows subsequent Recipients to identify the originator of the Contribution.
- Once consent is granted, 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. 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.
-
- <OWNER> 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 <OWNER> 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 <STATE> 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.
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