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authorTorsten Veller <tove@gentoo.org>2006-01-03 22:44:14 +0000
committerTorsten Veller <tove@gentoo.org>2006-01-03 22:44:14 +0000
commitb541f16bd7ccfd18ddb9a7d1ee5b5d8c5e494f24 (patch)
treeab8c401745f16599538e3be7046452cafff55712 /licenses
parentstable on amd64 now. (diff)
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Lucent Public License Version 1.02
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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:
+
+ a. in the case of Lucent Technologies Inc. ("LUCENT"), 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 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
+
+ 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:
+
+ a. it complies with the terms and conditions of this Agreement;
+
+ b. 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
+
+ c. if distributed under Distributor's own license agreement, such
+ license agreement:
+
+ i. 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;
+ ii. effectively excludes on behalf of all Contributors all liability
+ for damages, including direct, indirect, special, incidental and
+ consequential damages, such as lost profits; and
+ iii. 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 valid 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.