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1$TOG: COPYRIGHT.MOTIF /main/5 2000/04/10 12:00:00 $ 1THE OPEN GROUP PUBLIC LICENSE
2 2
3 MOTIF 2.1.30 3Motif User Graphical Interface SOFTWARE
4 Source Code
5 MASTER COPYRIGHT NOTICE
6 4
7(c) Copyright 1989 - 1994, 1996 - 1999 The Open Group 5THE ACCOMPANYING PROGRAM IS PROVIDED UNDER THE TERMS OF THIS
8(c) Copyright 1987 - 1999 Hewlett-Packard Company 6THE OPEN GROUP PUBLIC LICENSE ("AGREEMENT"). ANY USE, REPRODUCTION OR
9(c) Copyright 1987 - 1999 Digital Equipment Corporation, Maynard, Mass. 7DISTRIBUTION OF THE PROGRAM CONSTITUTES RECIPIENT'S ACCEPTANCE OF THIS
10(c) Copyright 1988 Massachusetts Institute of Technology 8AGREEMENT.
11(c) Copyright 1988 Microsoft Corporation
12(c) Copyright 1990 Motorola Inc.
13(c) Copyright 1989 - 1994 Groupe Bull
14(c) Copyright 1991 Joseph Friedman
15(c) Copyright 1995 - 1999 International Business Machines Corp.
16(c) Copyright 1995 - 1999 Sun Microsystems, Inc.
17(c) Copyright 1995 - 1999 Santa Cruz Organization, Inc.
18(c) Copyright 1995, 1996 Fujitsu Limited
19(c) Copyright 1995, 1996 Hitachi, Ltd.
20 9
101. DEFINITIONS
21 11
22ALL RIGHTS RESERVED 12"Contribution" means:
23 13
24This software is furnished under a license and may be used 14 a. in the case of The Open Group, L.L.C. ("The Open Group"), the
25and copied only in accordance with the terms of such license and 15 Original Program, and
26with the inclusion of this copyright notice. No title to and ownership
27of the software is hereby transferred.
28 16
29This software is subject to an open license. It may only be 17 b. in the case of each Contributor,
30used on, with or for operating systems which are themselves open 18 i. changes to the Program, and
31source systems. You must contact The Open Group for a license allowing 19 ii. additions to the Program;
32distribution and sublicensing of this software on, with, or for 20 where such changes and/or additions to the Program originate from and
33operating systems which are not Open Source programs. 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.
34 29
35See http://www.opengroup.org/openmotif/license for full 30"Contributor" means The Open Group and any other entity that distributes
36details of the license agreement. Any use, reproduction, or 31the Program.
37distribution of the program constitutes recipient's acceptance of
38this agreement.
39 32
40THE OPEN GROUP AND ITS THIRD PARTY SUPPLIERS, ASSUME NO RESPONSIBILITY 33"Licensed Patents" mean patent claims licensable by a Contributor which
41FOR THE USE OR INABILITY TO USE ANY OF ITS SOFTWARE. 34are necessarily infringed by the use or sale of its Contribution alone
35or when combined with the Program.
42 36
37"Open Source" programs mean software for which the source code is
38available without confidential or trade secret restrictions and for
39which the source code and object code are available for distribution
40without license charges.
41
42"Original Program" means the original version of the software
43accompanying this Agreement as released by The Open Group, including
44source 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,
49including all Contributors.
50
512. GRANT OF RIGHTS
52
53The rights granted under this license are limited solely to distribution
54and sublicensing of the Contribution(s) on, with, or for operating
55systems which are themselves Open Source programs. Contact The Open
56Group for a license allowing distribution and sublicensing of the
57Original Program on, with, or for operating systems which are not Open
58Source 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
963. REQUIREMENTS
97
98A Contributor may choose to distribute the Program in object code form
99under 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
119When 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
126Each Contributor must include the following in a conspicuous location in
127the Program:
128
129 Copyright (c) {date here}, The Open Group and others. All Rights
130 Reserved.
131
132In addition, each Contributor must identify itself as the originator of
133its Contribution, if any, in a manner that reasonably allows subsequent
134Recipients to identify the originator of the Contribution.
135
1364. COMMERCIAL DISTRIBUTION
137
138Commercial distributors of software may accept certain responsibilities
139with respect to end users, business partners and the like. While this
140license is intended to facilitate the commercial use of the Program,
141subject to the limitations provided in Section 2, the Contributor who
142includes the Program in a commercial product offering should do so in a
143manner which does not create potential liability for other Contributors.
144Therefore, if a Contributor includes the Program in a commercial product
145offering, such Contributor ("Commercial Contributor") hereby agrees to
146defend and indemnify every other Contributor ("Indemnified Contributor")
147against any losses, damages and costs (collectively "Losses") arising
148from claims, lawsuits and other legal actions brought by a third party
149against the Indemnified Contributor to the extent caused by the acts or
150omissions of such Commercial Contributor in connection with its
151distribution of the Program in a commercial product offering. The
152obligations in this section do not apply to any claims or Losses
153relating to any actual or alleged intellectual property infringement. In
154order 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
163The Indemnified Contributor may participate in any such claim at its own
164expense.
165
166For example, a Contributor might include the Program in a commercial
167product offering, Product X. That Contributor is then a Commercial
168Contributor. If that Commercial Contributor then makes performance
169claims, or offers warranties related to Product X, those performance
170claims and warranties are such Commercial Contributor's responsibility
171alone. Under this section, the Commercial Contributor would have to
172defend claims against the other Contributors related to those
173performance claims and warranties, and if a court requires any other
174Contributor to pay any damages as a result, the Commercial Contributor
175must pay those damages.
176
1775. NO WARRANTY
178
43EXCEPT AS EXPRESSLY SET FORTH IN THIS AGREEMENT, THE PROGRAM IS 179EXCEPT AS EXPRESSLY SET FORTH IN THIS AGREEMENT, THE PROGRAM IS PROVIDED
44PROVIDED ON AN "AS IS" BASIS, WITHOUT WARRANTIES OR CONDITIONS OF ANY 180ON AN "AS IS" BASIS, WITHOUT WARRANTIES OR CONDITIONS OF ANY KIND,
45KIND, EITHER EXPRESS OR IMPLIED INCLUDING, WITHOUT LIMITATION, ANY 181EITHER EXPRESS OR IMPLIED INCLUDING, WITHOUT LIMITATION, ANY WARRANTIES
46WARRANTIES OR CONDITIONS OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY 182OR CONDITIONS OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY OR FITNESS FOR
47OR FITNESS FOR A PARTICULAR PURPOSE. 183A PARTICULAR PURPOSE. Each Recipient is solely responsible for
184determining the appropriateness of using and distributing the Program
185and assumes all risks associated with its exercise of rights under this
186Agreement, including but not limited to the risks and costs of program
187errors, compliance with applicable laws, damage to or loss of data,
188programs or equipment, and unavailability or interruption of operations.
48 189
1906. DISCLAIMER OF LIABILITY
191
49EXCEPT AS EXPRESSLY SET FORTH IN THIS AGREEMENT, NEITHER RECIPIENT 192EXCEPT AS EXPRESSLY SET FORTH IN THIS AGREEMENT, NEITHER RECIPIENT NOR
50NOR ANY CONTRIBUTORS SHALL HAVE ANY LIABILITY FOR ANY DIRECT, 193ANY CONTRIBUTORS SHALL HAVE ANY LIABILITY FOR ANY DIRECT, INDIRECT,
51INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, OR CONSEQUENTIAL 194INCIDENTAL, SPECIAL, EXEMPLARY, OR CONSEQUENTIAL DAMAGES (INCLUDING
52DAMAGES (INCLUDING WITHOUT LIMITATION LOST PROFITS), HOWEVER CAUSED 195WITHOUT LIMITATION LOST PROFITS), HOWEVER CAUSED AND ON ANY THEORY OF
53AND ON ANY THEORY OF LIABILITY, WHETHER IN CONTRACT, STRICT 196LIABILITY, WHETHER IN CONTRACT, STRICT LIABILITY, OR TORT (INCLUDING
54LIABILITY, OR TORT (INCLUDING NEGLIGENCE OR OTHERWISE) ARISING IN 197NEGLIGENCE OR OTHERWISE) ARISING IN ANY WAY OUT OF THE USE OR
55ANY WAY OUT OF THE USE OR DISTRIBUTION OF THE PROGRAM OR THE 198DISTRIBUTION OF THE PROGRAM OR THE EXERCISE OF ANY RIGHTS GRANTED
56EXERCISE OF ANY RIGHTS GRANTED HEREUNDER, EVEN IF ADVISED OF THE 199HEREUNDER, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
57POSSIBILITY OF SUCH DAMAGES.
58 200
59The information in this software is subject to change without 2017. GENERAL
60notice and should not be construed as a commitment by The Open Group
61or its third party suppliers.
62 202
63Notice: Notwithstanding any other lease or license that may pertain to, 203If any provision of this Agreement is invalid or unenforceable under
64or accompany the delivery of, this computer software, the rights of the 204applicable law, it shall not affect the validity or enforceability of
65Government regarding its use, reproduction and disclosure are as set 205the remainder of the terms of this Agreement, and without further action
66forth in Section 52.227-19 of the FARS Computer Software-Restricted 206by the parties hereto, such provision shall be reformed to the minimum
67Rights clause. 207extent necessary to make such provision valid and enforceable.
68 208
69(c) Copyright 1990, 1991, 1992, 1993, 1994, 1996 Open Software 209If Recipient institutes patent litigation or other similar official
70Foundation, Inc. 210proceedings to enforce patent rights against a Contributor with respect
71(c) Copyright 1996, 1997, 1998, 1999, 2000 The Open Group. 211to a patent applicable to software (including a cross-claim or
72Unpublished - all rights reserved under the Copyright laws of the United 212counterclaim in a lawsuit), then any patent licenses granted by that
73States. 213Contributor to such Recipient under this Agreement shall terminate as of
214the date such litigation is filed. In addition, if Recipient institutes
215patent litigation against any entity (including a cross-claim or
216counterclaim in a lawsuit) alleging that the Program itself (excluding
217combinations of the Program with other software or hardware) infringes
218such Recipient's patent(s), then such Recipient's rights granted under
219Section 2(b) shall terminate as of the date such litigation is filed.
74 220
75RESTRICTED RIGHTS NOTICE: Use, duplication, or disclosure by the 221All Recipient's rights under this Agreement shall terminate if it fails
76Government is subject to the restrictions as set forth in subparagraph 222to comply with any of the material terms or conditions of this Agreement
77(c)(1)(ii) of the Rights in Technical Data and Computer Software clause 223and does not cure such failure in a reasonable period of time after
78at DFARS 52.227-7013. 224becoming aware of such non-compliance. If all Recipient's rights under
225this Agreement terminate, Recipient agrees to cease use and distribution
226of the Program as soon as reasonably practicable. However, Recipient's
227obligations under this Agreement and any licenses granted by Recipient
228relating to the Program shall continue and survive.
79 229
80The Open Group LLC 230The Open Group may publish new versions (including revisions) of this
81Apex Plaza, Forbury Road 231Agreement from time to time. Each new version of the Agreement will be
82Reading, Berkshire, 232given a distinguishing version number. The Program (including
83RG1 1AX, UK. 233Contributions) may always be distributed subject to the version of the
234Agreement under which it was received. In addition, after a new version
235of the Agreement is published, Contributor may elect to distribute the
236Program (including its Contributions) under the new version. No one
237other than The Open Group has the right to modify this Agreement. Except
238as expressly stated in Sections 2(a) and 2(b) above, Recipient receives
239no rights or licenses to the intellectual property of any Contributor
240under this Agreement, whether expressly, by implication, estoppel or
241otherwise. All rights in the Program not expressly granted under this
242Agreement are reserved.
84 243
85RESTRICTED RIGHTS LEGEND: This computer software is submitted with 244No party to this Agreement will bring a legal action under this
86"restricted rights." Use, duplication or disclosure is subject to the 245Agreement more than one year after the cause of action arose. Each party
87restrictions as set forth in NASA FAR SUP 18-52.227-79 (April 1985) 246waives its rights to a jury trial in any resulting litigation.
88"Commercial Computer Software- Restricted Rights (April 1985)." The
89Open Group, Apex Plaza, Forbury Road, Reading, Berkshire, RG1 1AX, UK.
90If the contract contains the Clause at 18-52.227-74 "Rights in Data
91General" then the "Alternate III" clause applies.
92
93(c) Copyright 1990, 1991, 1992, 1993, 1994, 1996 Open Software
94Foundation,Inc. ALL RIGHTS RESERVED
95(c) Copyright 1996, 1997, 1998, 1999, 2000 The Open Group. ALL RIGHTS
96RESERVED
97
98The Open Group, Open Software Foundation, OSF, OSF/Motif, and Motif are
99Trademarks of The Open Group
100DEC and DIGITAL are registered trademarks of Digital Equipment
101Corporation
102HP is a trademark of Hewlett-Packard Company
103X Window System is a trademark of the Massachusetts Institute of
104Technology

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