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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.
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