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diff --git a/licenses/LPL-v1.02 b/licenses/LPL-v1.02 new file mode 100644 index 000000000000..f22b27273eae --- /dev/null +++ b/licenses/LPL-v1.02 @@ -0,0 +1,222 @@ +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. |