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Revision 1.2 - (show annotations) (download)
Thu Mar 7 08:57:54 2013 UTC (17 months, 3 weeks ago) by ulm
Branch: MAIN
CVS Tags: HEAD
Changes since 1.1: +2 -29 lines
Split off MIT from 9base license file.

1 The Plan 9 software is provided under the terms of the
2 Lucent Public License, Version 1.02, reproduced below,
3 with the following notable exceptions:
4
5 1. No right is granted to create derivative works of or
6 to redistribute (other than with the Plan 9 Operating System)
7 the screen imprinter fonts identified in subdirectory
8 /lib/font/bit/lucida and printer fonts (Lucida Sans Unicode, Lucida
9 Sans Italic, Lucida Sans Demibold, Lucida Typewriter, Lucida Sans
10 Typewriter83), identified in subdirectory /sys/lib/postscript/font.
11 These directories contain material copyrights by B&H Inc. and Y&Y Inc.
12
13 2. The printer fonts identified in subdirectory /sys/lib/ghostscript/font
14 are subject to the GNU GPL, reproduced in the file /LICENSE.gpl.
15
16 3. The ghostscript program in the subdirectory /sys/src/cmd/gs is
17 covered by the Aladdin Free Public License, reproduced in the file
18 /LICENSE.afpl.
19
20 Other, less notable exceptions are marked in the file tree with
21 COPYING, COPYRIGHT, or LICENSE files.
22
23 ===================================================================
24
25 Lucent Public License Version 1.02
26
27 THE ACCOMPANYING PROGRAM IS PROVIDED UNDER THE TERMS OF THIS PUBLIC
28 LICENSE ("AGREEMENT"). ANY USE, REPRODUCTION OR DISTRIBUTION OF THE
29 PROGRAM CONSTITUTES RECIPIENT'S ACCEPTANCE OF THIS AGREEMENT.
30
31 1. DEFINITIONS
32
33 "Contribution" means:
34
35 a. in the case of Lucent Technologies Inc. ("LUCENT"), the Original
36 Program, and
37 b. in the case of each Contributor,
38
39 i. changes to the Program, and
40 ii. additions to the Program;
41
42 where such changes and/or additions to the Program were added to the
43 Program by such Contributor itself or anyone acting on such
44 Contributor's behalf, and the Contributor explicitly consents, in
45 accordance with Section 3C, to characterization of the changes and/or
46 additions as Contributions.
47
48 "Contributor" means LUCENT and any other entity that has Contributed a
49 Contribution to the Program.
50
51 "Distributor" means a Recipient that distributes the Program,
52 modifications to the Program, or any part thereof.
53
54 "Licensed Patents" mean patent claims licensable by a Contributor
55 which are necessarily infringed by the use or sale of its Contribution
56 alone or when combined with the Program.
57
58 "Original Program" means the original version of the software
59 accompanying this Agreement as released by LUCENT, including source
60 code, object code and documentation, if any.
61
62 "Program" means the Original Program and Contributions or any part
63 thereof
64
65 "Recipient" means anyone who receives the Program under this
66 Agreement, including all Contributors.
67
68 2. GRANT OF RIGHTS
69
70 a. Subject to the terms of this Agreement, each Contributor hereby
71 grants Recipient a non-exclusive, worldwide, royalty-free copyright
72 license to reproduce, prepare derivative works of, publicly display,
73 publicly perform, distribute and sublicense the Contribution of such
74 Contributor, if any, and such derivative works, in source code and
75 object code form.
76
77 b. Subject to the terms of this Agreement, each Contributor hereby
78 grants Recipient a non-exclusive, worldwide, royalty-free patent
79 license under Licensed Patents to make, use, sell, offer to sell,
80 import and otherwise transfer the Contribution of such Contributor, if
81 any, in source code and object code form. The patent license granted
82 by a Contributor shall also apply to the combination of the
83 Contribution of that Contributor and the Program if, at the time the
84 Contribution is added by the Contributor, such addition of the
85 Contribution causes such combination to be covered by the Licensed
86 Patents. The patent license granted by a Contributor shall not apply
87 to (i) any other combinations which include the Contribution, nor to
88 (ii) Contributions of other Contributors. No hardware per se is
89 licensed hereunder.
90
91 c. Recipient understands that although each Contributor grants the
92 licenses to its Contributions set forth herein, no assurances are
93 provided by any Contributor that the Program does not infringe the
94 patent or other intellectual property rights of any other entity. Each
95 Contributor disclaims any liability to Recipient for claims brought by
96 any other entity based on infringement of intellectual property rights
97 or otherwise. As a condition to exercising the rights and licenses
98 granted hereunder, each Recipient hereby assumes sole responsibility
99 to secure any other intellectual property rights needed, if any. For
100 example, if a third party patent license is required to allow
101 Recipient to distribute the Program, it is Recipient's responsibility
102 to acquire that license before distributing the Program.
103
104 d. Each Contributor represents that to its knowledge it has sufficient
105 copyright rights in its Contribution, if any, to grant the copyright
106 license set forth in this Agreement.
107
108 3. REQUIREMENTS
109
110 A. Distributor may choose to distribute the Program in any form under
111 this Agreement or under its own license agreement, provided that:
112
113 a. it complies with the terms and conditions of this Agreement;
114
115 b. if the Program is distributed in source code or other tangible
116 form, a copy of this Agreement or Distributor's own license agreement
117 is included with each copy of the Program; and
118
119 c. if distributed under Distributor's own license agreement, such
120 license agreement:
121
122 i. effectively disclaims on behalf of all Contributors all warranties
123 and conditions, express and implied, including warranties or
124 conditions of title and non-infringement, and implied warranties or
125 conditions of merchantability and fitness for a particular purpose;
126 ii. effectively excludes on behalf of all Contributors all liability
127 for damages, including direct, indirect, special, incidental and
128 consequential damages, such as lost profits; and
129 iii. states that any provisions which differ from this Agreement are
130 offered by that Contributor alone and not by any other party.
131
132 B. Each Distributor must include the following in a conspicuous
133 location in the Program:
134
135 Copyright (C) 2003, Lucent Technologies Inc. and others. All Rights
136 Reserved.
137
138 C. In addition, each Contributor must identify itself as the
139 originator of its Contribution in a manner that reasonably allows
140 subsequent Recipients to identify the originator of the Contribution.
141 Also, each Contributor must agree that the additions and/or changes
142 are intended to be a Contribution. Once a Contribution is contributed,
143 it may not thereafter be revoked.
144
145 4. COMMERCIAL DISTRIBUTION
146
147 Commercial distributors of software may accept certain
148 responsibilities with respect to end users, business partners and the
149 like. While this license is intended to facilitate the commercial use
150 of the Program, the Distributor who includes the Program in a
151 commercial product offering should do so in a manner which does not
152 create potential liability for Contributors. Therefore, if a
153 Distributor includes the Program in a commercial product offering,
154 such Distributor ("Commercial Distributor") hereby agrees to defend
155 and indemnify every Contributor ("Indemnified Contributor") against
156 any losses, damages and costs (collectively"Losses") arising from
157 claims, lawsuits and other legal actions brought by a third party
158 against the Indemnified Contributor to the extent caused by the acts
159 or omissions of such Commercial Distributor in connection with its
160 distribution of the Program in a commercial product offering. The
161 obligations in this section do not apply to any claims or Losses
162 relating to any actual or alleged intellectual property infringement.
163 In order to qualify, an Indemnified Contributor must: a) promptly
164 notify the Commercial Distributor in writing of such claim, and b)
165 allow the Commercial Distributor to control, and cooperate with the
166 Commercial Distributor in, the defense and any related settlement
167 negotiations. The Indemnified Contributor may participate in any such
168 claim at its own expense.
169
170 For example, a Distributor might include the Program in a commercial
171 product offering, Product X. That Distributor is then a Commercial
172 Distributor. If that Commercial Distributor then makes performance
173 claims, or offers warranties related to Product X, those performance
174 claims and warranties are such Commercial Distributor's responsibility
175 alone. Under this section, the Commercial Distributor would have to
176 defend claims against the Contributors related to those performance
177 claims and warranties, and if a court requires any Contributor to pay
178 any damages as a result, the Commercial Distributor must pay those
179 damages.
180
181 5. NO WARRANTY
182
183 EXCEPT AS EXPRESSLY SET FORTH IN THIS AGREEMENT, THE PROGRAM IS
184 PROVIDED ON AN"AS IS" BASIS, WITHOUT WARRANTIES OR CONDITIONS OF ANY
185 KIND, EITHER EXPRESS OR IMPLIED INCLUDING, WITHOUT LIMITATION, ANY
186 WARRANTIES OR CONDITIONS OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY
187 OR FITNESS FOR A PARTICULAR PURPOSE. Each Recipient is solely
188 responsible for determining the appropriateness of using and
189 distributing the Program and assumes all risks associated with its
190 exercise of rights under this Agreement, including but not limited to
191 the risks and costs of program errors, compliance with applicable
192 laws, damage to or loss of data, programs or equipment, and
193 unavailability or interruption of operations.
194
195 6. DISCLAIMER OF LIABILITY
196
197 EXCEPT AS EXPRESSLY SET FORTH IN THIS AGREEMENT, NEITHER RECIPIENT NOR
198 ANY CONTRIBUTORS SHALL HAVE ANY LIABILITY FOR ANY DIRECT, INDIRECT,
199 INCIDENTAL, SPECIAL, EXEMPLARY, OR CONSEQUENTIAL DAMAGES (INCLUDING
200 WITHOUT LIMITATION LOST PROFITS), HOWEVER CAUSED AND ON ANY THEORY OF
201 LIABILITY, WHETHER IN CONTRACT, STRICT LIABILITY, OR TORT (INCLUDING
202 NEGLIGENCE OR OTHERWISE) ARISING IN ANY WAY OUT OF THE USE OR
203 DISTRIBUTION OF THE PROGRAM OR THE EXERCISE OF ANY RIGHTS GRANTED
204 HEREUNDER, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
205
206 7. EXPORT CONTROL
207
208 Recipient agrees that Recipient alone is responsible for compliance
209 with the United States export administration regulations (and the
210 export control laws and regulation of any other countries).
211
212 8. GENERAL
213
214 If any provision of this Agreement is invalid or unenforceable under
215 applicable law, it shall not affect the validity or enforceability of
216 the remainder of the terms of this Agreement, and without further
217 action by the parties hereto, such provision shall be reformed to the
218 minimum extent necessary to make such provision valid and enforceable.
219
220 If Recipient institutes patent litigation against a Contributor with
221 respect to a patent applicable to software (including a cross-claim or
222 counterclaim in a lawsuit), then any patent licenses granted by that
223 Contributor to such Recipient under this Agreement shall terminate as
224 of the date such litigation is filed. In addition, if Recipient
225 institutes patent litigation against any entity (including a
226 cross-claim or counterclaim in a lawsuit) alleging that the Program
227 itself (excluding combinations of the Program with other software or
228 hardware) infringes such Recipient's patent(s), then such Recipient's
229 rights granted under Section 2(b) shall terminate as of the date such
230 litigation is filed.
231
232 All Recipient's rights under this Agreement shall terminate if it
233 fails to comply with any of the material terms or conditions of this
234 Agreement and does not cure such failure in a reasonable period of
235 time after becoming aware of such noncompliance. If all Recipient's
236 rights under this Agreement terminate, Recipient agrees to cease use
237 and distribution of the Program as soon as reasonably practicable.
238 However, Recipient's obligations under this Agreement and any licenses
239 granted by Recipient relating to the Program shall continue and
240 survive.
241
242 LUCENT may publish new versions (including revisions) of this
243 Agreement from time to time. Each new version of the Agreement will be
244 given a distinguishing version number. The Program (including
245 Contributions) may always be distributed subject to the version of the
246 Agreement under which it was received. In addition, after a new
247 version of the Agreement is published, Contributor may elect to
248 distribute the Program (including its Contributions) under the new
249 version. No one other than LUCENT has the right to modify this
250 Agreement. Except as expressly stated in Sections 2(a) and 2(b) above,
251 Recipient receives no rights or licenses to the intellectual property
252 of any Contributor under this Agreement, whether expressly, by
253 implication, estoppel or otherwise. All rights in the Program not
254 expressly granted under this Agreement are reserved.
255
256 This Agreement is governed by the laws of the State of New York and
257 the intellectual property laws of the United States of America. No
258 party to this Agreement will bring a legal action under this Agreement
259 more than one year after the cause of action arose. Each party waives
260 its rights to a jury trial in any resulting litigation.

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