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Revision 1.2 - (hide annotations) (download)
Sat Feb 6 20:30:01 2010 UTC (4 years, 10 months ago) by ulm
Branch: MAIN
CVS Tags: HEAD
Changes since 1.1: +245 -103 lines
Replace copyright notice by proper license.

1 ulm 1.2 THE OPEN GROUP PUBLIC LICENSE
2 aliz 1.1
3 ulm 1.2 Motif User Graphical Interface SOFTWARE
4    
5     THE ACCOMPANYING PROGRAM IS PROVIDED UNDER THE TERMS OF THIS
6     THE OPEN GROUP PUBLIC LICENSE ("AGREEMENT"). ANY USE, REPRODUCTION OR
7     DISTRIBUTION OF THE PROGRAM CONSTITUTES RECIPIENT'S ACCEPTANCE OF THIS
8     AGREEMENT.
9    
10     1. DEFINITIONS
11    
12     "Contribution" means:
13    
14     a. in the case of The Open Group, L.L.C. ("The Open Group"), the
15     Original Program, and
16    
17     b. in the case of each Contributor,
18     i. changes to the Program, and
19     ii. additions to the Program;
20     where such changes and/or additions to the Program originate from and
21     are distributed by that particular Contributor. A Contribution
22     'originates' from a Contributor if it was added to the Program by such
23     Contributor itself or anyone acting on such Contributor's behalf.
24     Contributions do not include additions to the Program which:
25     i. are separate modules of software distributed in conjunction with
26     the Program under their own license agreement, even if the separate
27     modules are linked in binary form to the Program, and
28     ii. are not derivative works of the Program.
29    
30     "Contributor" means The Open Group and any other entity that distributes
31     the Program.
32    
33     "Licensed Patents" mean patent claims licensable by a Contributor which
34     are necessarily infringed by the use or sale of its Contribution alone
35     or when combined with the Program.
36    
37     "Open Source" programs mean software for which the source code is
38     available without confidential or trade secret restrictions and for
39     which the source code and object code are available for distribution
40     without license charges.
41    
42     "Original Program" means the original version of the software
43     accompanying this Agreement as released by The Open Group, including
44     source code, object code and documentation, if any.
45    
46     "Program" means the Original Program and Contributions.
47    
48     "Recipient" means anyone who receives the Program under this Agreement,
49     including all Contributors.
50    
51     2. GRANT OF RIGHTS
52    
53     The rights granted under this license are limited solely to distribution
54     and sublicensing of the Contribution(s) on, with, or for operating
55     systems which are themselves Open Source programs. Contact The Open
56     Group for a license allowing distribution and sublicensing of the
57     Original Program on, with, or for operating systems which are not Open
58     Source programs.
59    
60     a. Subject to the terms of this Agreement and the limitations of this
61     Section 2, each Contributor hereby grants Recipient a non-exclusive,
62     worldwide, royalty-free copyright license to reproduce, prepare
63     derivative works of, publicly display, publicly perform, distribute
64     and sublicense the Contribution of such Contributor, if any, and such
65     derivative works, in source code and object code form.
66    
67     b. Subject to the terms of this Agreement and the limitations of this
68     Section 2, each Contributor hereby grants Recipient a non-exclusive,
69     worldwide, royalty-free patent license under Licensed Patents to make,
70     use, sell, offer to sell, import and otherwise transfer the
71     Contribution of such Contributor, if any, in source code and object
72     code form. This patent license shall apply to the combination of the
73     Contribution and the Program if, at the time the Contribution is added
74     by the Contributor, such addition of the Contribution causes such
75     combination to be covered by the Licensed Patents. The patent license
76     shall not apply to any other combinations which include the
77     Contribution. No hardware per se is licensed hereunder.
78    
79     c. Recipient understands that although each Contributor grants the
80     licenses to its Contributions set forth herein, no assurances are
81     provided by any Contributor that the Program does not infringe the
82     patent or other intellectual property rights of any other entity. Each
83     Contributor disclaims any liability to Recipient for claims brought by
84     any other entity based on infringement of intellectual property rights
85     or otherwise. As a condition to exercising the rights and licenses
86     granted hereunder, each Recipient hereby assumes sole responsibility
87     to secure any other intellectual property rights needed, if any. For
88     example, if a third party patent license is required to allow
89     Recipient to distribute the Program, it is Recipient's responsibility
90     to acquire that license before distributing the Program.
91    
92     d. Each Contributor represents that to its knowledge it has sufficient
93     copyright rights in its Contribution, if any, to grant the copyright
94     license set forth in this Agreement.
95    
96     3. REQUIREMENTS
97    
98     A Contributor may choose to distribute the Program in object code form
99     under its own license agreement, provided that:
100    
101     a. it complies with the terms and conditions of this Agreement; and
102    
103     b. its license agreement:
104     i. effectively disclaims on behalf of all Contributors all
105     warranties and conditions, express and implied, including warranties
106     or conditions of title and non-infringement, and implied warranties
107     or conditions of merchantability and fitness for a particular
108     purpose;
109     ii. effectively excludes on behalf of all Contributors all liability
110     for damages, including direct, indirect, special, incidental and
111     consequential damages, such as lost profits;
112     iii. states that any provisions which differ from this Agreement are
113     offered by that Contributor alone and not by any other party; and
114     iv. states that source code for the Program is available from such
115     Contributor, and informs licensees how to obtain it in a reasonable
116     manner on or through a medium customarily used for software
117     exchange.
118    
119     When the Program is made available in source code form:
120    
121     a. it must be made available under this Agreement; and
122    
123     b. a copy of this Agreement must be included with each copy of the
124     Program.
125    
126     Each Contributor must include the following in a conspicuous location in
127     the Program:
128    
129     Copyright (c) {date here}, The Open Group and others. All Rights
130     Reserved.
131    
132     In addition, each Contributor must identify itself as the originator of
133     its Contribution, if any, in a manner that reasonably allows subsequent
134     Recipients to identify the originator of the Contribution.
135    
136     4. COMMERCIAL DISTRIBUTION
137    
138     Commercial distributors of software may accept certain responsibilities
139     with respect to end users, business partners and the like. While this
140     license is intended to facilitate the commercial use of the Program,
141     subject to the limitations provided in Section 2, the Contributor who
142     includes the Program in a commercial product offering should do so in a
143     manner which does not create potential liability for other Contributors.
144     Therefore, if a Contributor includes the Program in a commercial product
145     offering, such Contributor ("Commercial Contributor") hereby agrees to
146     defend and indemnify every other Contributor ("Indemnified Contributor")
147     against any losses, damages and costs (collectively "Losses") arising
148     from claims, lawsuits and other legal actions brought by a third party
149     against the Indemnified Contributor to the extent caused by the acts or
150     omissions of such Commercial Contributor in connection with its
151     distribution of the Program in a commercial product offering. The
152     obligations in this section do not apply to any claims or Losses
153     relating to any actual or alleged intellectual property infringement. In
154     order to qualify, an Indemnified Contributor must:
155    
156     a. promptly notify the Commercial Contributor in writing of such
157     claim, and
158    
159     b. allow the Commercial Contributor to control, and cooperate with the
160     Commercial Contributor in, the defence and any related settlement
161     negotiations.
162    
163     The Indemnified Contributor may participate in any such claim at its own
164     expense.
165    
166     For example, a Contributor might include the Program in a commercial
167     product offering, Product X. That Contributor is then a Commercial
168     Contributor. If that Commercial Contributor then makes performance
169     claims, or offers warranties related to Product X, those performance
170     claims and warranties are such Commercial Contributor's responsibility
171     alone. Under this section, the Commercial Contributor would have to
172     defend claims against the other Contributors related to those
173     performance claims and warranties, and if a court requires any other
174     Contributor to pay any damages as a result, the Commercial Contributor
175     must pay those damages.
176    
177     5. NO WARRANTY
178    
179     EXCEPT AS EXPRESSLY SET FORTH IN THIS AGREEMENT, THE PROGRAM IS PROVIDED
180     ON AN "AS IS" BASIS, WITHOUT WARRANTIES OR CONDITIONS OF ANY KIND,
181     EITHER EXPRESS OR IMPLIED INCLUDING, WITHOUT LIMITATION, ANY WARRANTIES
182     OR CONDITIONS OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY OR FITNESS FOR
183     A PARTICULAR PURPOSE. Each Recipient is solely responsible for
184     determining the appropriateness of using and distributing the Program
185     and assumes all risks associated with its exercise of rights under this
186     Agreement, including but not limited to the risks and costs of program
187     errors, compliance with applicable laws, damage to or loss of data,
188     programs or equipment, and unavailability or interruption of operations.
189    
190     6. DISCLAIMER OF LIABILITY
191    
192     EXCEPT AS EXPRESSLY SET FORTH IN THIS AGREEMENT, NEITHER RECIPIENT NOR
193     ANY CONTRIBUTORS SHALL HAVE ANY LIABILITY FOR ANY DIRECT, INDIRECT,
194     INCIDENTAL, SPECIAL, EXEMPLARY, OR CONSEQUENTIAL DAMAGES (INCLUDING
195     WITHOUT LIMITATION LOST PROFITS), HOWEVER CAUSED AND ON ANY THEORY OF
196     LIABILITY, WHETHER IN CONTRACT, STRICT LIABILITY, OR TORT (INCLUDING
197     NEGLIGENCE OR OTHERWISE) ARISING IN ANY WAY OUT OF THE USE OR
198     DISTRIBUTION OF THE PROGRAM OR THE EXERCISE OF ANY RIGHTS GRANTED
199     HEREUNDER, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
200    
201     7. GENERAL
202    
203     If any provision of this Agreement is invalid or unenforceable under
204     applicable law, it shall not affect the validity or enforceability of
205     the remainder of the terms of this Agreement, and without further action
206     by the parties hereto, such provision shall be reformed to the minimum
207     extent necessary to make such provision valid and enforceable.
208    
209     If Recipient institutes patent litigation or other similar official
210     proceedings to enforce patent rights against a Contributor with respect
211     to a patent applicable to software (including a cross-claim or
212     counterclaim in a lawsuit), then any patent licenses granted by that
213     Contributor to such Recipient under this Agreement shall terminate as of
214     the date such litigation is filed. In addition, if Recipient institutes
215     patent litigation against any entity (including a cross-claim or
216     counterclaim in a lawsuit) alleging that the Program itself (excluding
217     combinations of the Program with other software or hardware) infringes
218     such Recipient's patent(s), then such Recipient's rights granted under
219     Section 2(b) shall terminate as of the date such litigation is filed.
220    
221     All Recipient's rights under this Agreement shall terminate if it fails
222     to comply with any of the material terms or conditions of this Agreement
223     and does not cure such failure in a reasonable period of time after
224     becoming aware of such non-compliance. If all Recipient's rights under
225     this Agreement terminate, Recipient agrees to cease use and distribution
226     of the Program as soon as reasonably practicable. However, Recipient's
227     obligations under this Agreement and any licenses granted by Recipient
228     relating to the Program shall continue and survive.
229    
230     The Open Group may publish new versions (including revisions) of this
231     Agreement from time to time. Each new version of the Agreement will be
232     given a distinguishing version number. The Program (including
233     Contributions) may always be distributed subject to the version of the
234     Agreement under which it was received. In addition, after a new version
235     of the Agreement is published, Contributor may elect to distribute the
236     Program (including its Contributions) under the new version. No one
237     other than The Open Group has the right to modify this Agreement. Except
238     as expressly stated in Sections 2(a) and 2(b) above, Recipient receives
239     no rights or licenses to the intellectual property of any Contributor
240     under this Agreement, whether expressly, by implication, estoppel or
241     otherwise. All rights in the Program not expressly granted under this
242     Agreement are reserved.
243    
244     No party to this Agreement will bring a legal action under this
245     Agreement more than one year after the cause of action arose. Each party
246     waives its rights to a jury trial in any resulting litigation.

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