| 1 | $TOG: COPYRIGHT.MOTIF /main/5 2000/04/10 12:00:00 $ |
1 | THE OPEN GROUP PUBLIC LICENSE |
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2 | |
| 3 | MOTIF 2.1.30 |
3 | Motif User Graphical Interface SOFTWARE |
| 4 | Source Code |
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| 5 | MASTER COPYRIGHT NOTICE |
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4 | |
| 7 | (c) Copyright 1989 - 1994, 1996 - 1999 The Open Group |
5 | THE ACCOMPANYING PROGRAM IS PROVIDED UNDER THE TERMS OF THIS |
| 8 | (c) Copyright 1987 - 1999 Hewlett-Packard Company |
6 | THE OPEN GROUP PUBLIC LICENSE ("AGREEMENT"). ANY USE, REPRODUCTION OR |
| 9 | (c) Copyright 1987 - 1999 Digital Equipment Corporation, Maynard, Mass. |
7 | DISTRIBUTION OF THE PROGRAM CONSTITUTES RECIPIENT'S ACCEPTANCE OF THIS |
| 10 | (c) Copyright 1988 Massachusetts Institute of Technology |
8 | AGREEMENT. |
| 11 | (c) Copyright 1988 Microsoft Corporation |
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| 12 | (c) Copyright 1990 Motorola Inc. |
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| 13 | (c) Copyright 1989 - 1994 Groupe Bull |
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| 14 | (c) Copyright 1991 Joseph Friedman |
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| 15 | (c) Copyright 1995 - 1999 International Business Machines Corp. |
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| 16 | (c) Copyright 1995 - 1999 Sun Microsystems, Inc. |
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| 17 | (c) Copyright 1995 - 1999 Santa Cruz Organization, Inc. |
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| 18 | (c) Copyright 1995, 1996 Fujitsu Limited |
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| 19 | (c) Copyright 1995, 1996 Hitachi, Ltd. |
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10 | 1. DEFINITIONS |
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11 | |
| 22 | ALL RIGHTS RESERVED |
12 | "Contribution" means: |
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13 | |
| 24 | This 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 |
| 25 | and copied only in accordance with the terms of such license and |
15 | Original Program, and |
| 26 | with the inclusion of this copyright notice. No title to and ownership |
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| 27 | of the software is hereby transferred. |
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| 28 | |
16 | |
| 29 | This software is subject to an open license. It may only be |
17 | b. in the case of each Contributor, |
| 30 | used on, with or for operating systems which are themselves open |
18 | i. changes to the Program, and |
| 31 | source systems. You must contact The Open Group for a license allowing |
19 | ii. additions to the Program; |
| 32 | distribution and sublicensing of this software on, with, or for |
20 | where such changes and/or additions to the Program originate from and |
| 33 | operating systems which are not Open Source programs. |
21 | are distributed by that particular Contributor. A Contribution |
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22 | 'originates' from a Contributor if it was added to the Program by such |
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23 | Contributor itself or anyone acting on such Contributor's behalf. |
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24 | Contributions do not include additions to the Program which: |
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25 | i. are separate modules of software distributed in conjunction with |
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26 | the Program under their own license agreement, even if the separate |
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27 | modules are linked in binary form to the Program, and |
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28 | ii. are not derivative works of the Program. |
| 34 | |
29 | |
| 35 | See http://www.opengroup.org/openmotif/license for full |
30 | "Contributor" means The Open Group and any other entity that distributes |
| 36 | details of the license agreement. Any use, reproduction, or |
31 | the Program. |
| 37 | distribution of the program constitutes recipient's acceptance of |
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| 38 | this agreement. |
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| 39 | |
32 | |
| 40 | THE OPEN GROUP AND ITS THIRD PARTY SUPPLIERS, ASSUME NO RESPONSIBILITY |
33 | "Licensed Patents" mean patent claims licensable by a Contributor which |
| 41 | FOR THE USE OR INABILITY TO USE ANY OF ITS SOFTWARE. |
34 | are necessarily infringed by the use or sale of its Contribution alone |
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35 | or when combined with the Program. |
| 42 | |
36 | |
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37 | "Open Source" programs mean software for which the source code is |
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38 | available without confidential or trade secret restrictions and for |
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39 | which the source code and object code are available for distribution |
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40 | without license charges. |
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41 | |
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42 | "Original Program" means the original version of the software |
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43 | accompanying this Agreement as released by The Open Group, including |
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44 | source code, object code and documentation, if any. |
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45 | |
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46 | "Program" means the Original Program and Contributions. |
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47 | |
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48 | "Recipient" means anyone who receives the Program under this Agreement, |
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49 | including all Contributors. |
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50 | |
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51 | 2. GRANT OF RIGHTS |
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52 | |
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53 | The rights granted under this license are limited solely to distribution |
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54 | and sublicensing of the Contribution(s) on, with, or for operating |
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55 | systems which are themselves Open Source programs. Contact The Open |
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56 | Group for a license allowing distribution and sublicensing of the |
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57 | Original Program on, with, or for operating systems which are not Open |
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58 | Source programs. |
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59 | |
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60 | a. Subject to the terms of this Agreement and the limitations of this |
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61 | Section 2, each Contributor hereby grants Recipient a non-exclusive, |
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62 | worldwide, royalty-free copyright license to reproduce, prepare |
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63 | derivative works of, publicly display, publicly perform, distribute |
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64 | and sublicense the Contribution of such Contributor, if any, and such |
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65 | derivative works, in source code and object code form. |
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66 | |
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67 | b. Subject to the terms of this Agreement and the limitations of this |
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68 | Section 2, each Contributor hereby grants Recipient a non-exclusive, |
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69 | worldwide, royalty-free patent license under Licensed Patents to make, |
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70 | use, sell, offer to sell, import and otherwise transfer the |
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71 | Contribution of such Contributor, if any, in source code and object |
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72 | code form. This patent license shall apply to the combination of the |
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73 | Contribution and the Program if, at the time the Contribution is added |
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74 | by the Contributor, such addition of the Contribution causes such |
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75 | combination to be covered by the Licensed Patents. The patent license |
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76 | shall not apply to any other combinations which include the |
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77 | Contribution. No hardware per se is licensed hereunder. |
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78 | |
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79 | c. Recipient understands that although each Contributor grants the |
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80 | licenses to its Contributions set forth herein, no assurances are |
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81 | provided by any Contributor that the Program does not infringe the |
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82 | patent or other intellectual property rights of any other entity. Each |
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83 | Contributor disclaims any liability to Recipient for claims brought by |
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84 | any other entity based on infringement of intellectual property rights |
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85 | or otherwise. As a condition to exercising the rights and licenses |
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86 | granted hereunder, each Recipient hereby assumes sole responsibility |
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87 | to secure any other intellectual property rights needed, if any. For |
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88 | example, if a third party patent license is required to allow |
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89 | Recipient to distribute the Program, it is Recipient's responsibility |
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90 | to acquire that license before distributing the Program. |
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91 | |
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92 | d. Each Contributor represents that to its knowledge it has sufficient |
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93 | copyright rights in its Contribution, if any, to grant the copyright |
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94 | license set forth in this Agreement. |
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95 | |
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96 | 3. REQUIREMENTS |
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97 | |
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98 | A Contributor may choose to distribute the Program in object code form |
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99 | under its own license agreement, provided that: |
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100 | |
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101 | a. it complies with the terms and conditions of this Agreement; and |
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102 | |
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103 | b. its license agreement: |
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104 | i. effectively disclaims on behalf of all Contributors all |
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105 | warranties and conditions, express and implied, including warranties |
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106 | or conditions of title and non-infringement, and implied warranties |
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107 | or conditions of merchantability and fitness for a particular |
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108 | purpose; |
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109 | ii. effectively excludes on behalf of all Contributors all liability |
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110 | for damages, including direct, indirect, special, incidental and |
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111 | consequential damages, such as lost profits; |
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112 | iii. states that any provisions which differ from this Agreement are |
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113 | offered by that Contributor alone and not by any other party; and |
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114 | iv. states that source code for the Program is available from such |
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115 | Contributor, and informs licensees how to obtain it in a reasonable |
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116 | manner on or through a medium customarily used for software |
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117 | exchange. |
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118 | |
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119 | When the Program is made available in source code form: |
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120 | |
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121 | a. it must be made available under this Agreement; and |
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122 | |
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123 | b. a copy of this Agreement must be included with each copy of the |
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124 | Program. |
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125 | |
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126 | Each Contributor must include the following in a conspicuous location in |
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127 | the Program: |
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128 | |
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129 | Copyright (c) {date here}, The Open Group and others. All Rights |
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130 | Reserved. |
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131 | |
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132 | In addition, each Contributor must identify itself as the originator of |
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133 | its Contribution, if any, in a manner that reasonably allows subsequent |
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134 | Recipients to identify the originator of the Contribution. |
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135 | |
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136 | 4. COMMERCIAL DISTRIBUTION |
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137 | |
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138 | Commercial distributors of software may accept certain responsibilities |
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139 | with respect to end users, business partners and the like. While this |
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140 | license is intended to facilitate the commercial use of the Program, |
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141 | subject to the limitations provided in Section 2, the Contributor who |
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142 | includes the Program in a commercial product offering should do so in a |
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143 | manner which does not create potential liability for other Contributors. |
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144 | Therefore, if a Contributor includes the Program in a commercial product |
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145 | offering, such Contributor ("Commercial Contributor") hereby agrees to |
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146 | defend and indemnify every other Contributor ("Indemnified Contributor") |
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147 | against any losses, damages and costs (collectively "Losses") arising |
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148 | from claims, lawsuits and other legal actions brought by a third party |
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149 | against the Indemnified Contributor to the extent caused by the acts or |
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150 | omissions of such Commercial Contributor in connection with its |
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151 | distribution of the Program in a commercial product offering. The |
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152 | obligations in this section do not apply to any claims or Losses |
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153 | relating to any actual or alleged intellectual property infringement. In |
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154 | order to qualify, an Indemnified Contributor must: |
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155 | |
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156 | a. promptly notify the Commercial Contributor in writing of such |
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157 | claim, and |
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158 | |
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159 | b. allow the Commercial Contributor to control, and cooperate with the |
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160 | Commercial Contributor in, the defence and any related settlement |
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161 | negotiations. |
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162 | |
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163 | The Indemnified Contributor may participate in any such claim at its own |
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164 | expense. |
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165 | |
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166 | For example, a Contributor might include the Program in a commercial |
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167 | product offering, Product X. That Contributor is then a Commercial |
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168 | Contributor. If that Commercial Contributor then makes performance |
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169 | claims, or offers warranties related to Product X, those performance |
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170 | claims and warranties are such Commercial Contributor's responsibility |
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171 | alone. Under this section, the Commercial Contributor would have to |
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172 | defend claims against the other Contributors related to those |
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173 | performance claims and warranties, and if a court requires any other |
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174 | Contributor to pay any damages as a result, the Commercial Contributor |
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175 | must pay those damages. |
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176 | |
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177 | 5. NO WARRANTY |
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178 | |
| 43 | EXCEPT AS EXPRESSLY SET FORTH IN THIS AGREEMENT, THE PROGRAM IS |
179 | EXCEPT AS EXPRESSLY SET FORTH IN THIS AGREEMENT, THE PROGRAM IS PROVIDED |
| 44 | PROVIDED ON AN "AS IS" BASIS, WITHOUT WARRANTIES OR CONDITIONS OF ANY |
180 | ON AN "AS IS" BASIS, WITHOUT WARRANTIES OR CONDITIONS OF ANY KIND, |
| 45 | KIND, EITHER EXPRESS OR IMPLIED INCLUDING, WITHOUT LIMITATION, ANY |
181 | EITHER EXPRESS OR IMPLIED INCLUDING, WITHOUT LIMITATION, ANY WARRANTIES |
| 46 | WARRANTIES OR CONDITIONS OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY |
182 | OR CONDITIONS OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY OR FITNESS FOR |
| 47 | OR FITNESS FOR A PARTICULAR PURPOSE. |
183 | A PARTICULAR PURPOSE. Each Recipient is solely responsible for |
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184 | determining the appropriateness of using and distributing the Program |
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185 | and assumes all risks associated with its exercise of rights under this |
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186 | Agreement, including but not limited to the risks and costs of program |
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187 | errors, compliance with applicable laws, damage to or loss of data, |
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188 | programs or equipment, and unavailability or interruption of operations. |
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189 | |
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190 | 6. DISCLAIMER OF LIABILITY |
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191 | |
| 49 | EXCEPT AS EXPRESSLY SET FORTH IN THIS AGREEMENT, NEITHER RECIPIENT |
192 | EXCEPT AS EXPRESSLY SET FORTH IN THIS AGREEMENT, NEITHER RECIPIENT NOR |
| 50 | NOR ANY CONTRIBUTORS SHALL HAVE ANY LIABILITY FOR ANY DIRECT, |
193 | ANY CONTRIBUTORS SHALL HAVE ANY LIABILITY FOR ANY DIRECT, INDIRECT, |
| 51 | INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, OR CONSEQUENTIAL |
194 | INCIDENTAL, SPECIAL, EXEMPLARY, OR CONSEQUENTIAL DAMAGES (INCLUDING |
| 52 | DAMAGES (INCLUDING WITHOUT LIMITATION LOST PROFITS), HOWEVER CAUSED |
195 | WITHOUT LIMITATION LOST PROFITS), HOWEVER CAUSED AND ON ANY THEORY OF |
| 53 | AND ON ANY THEORY OF LIABILITY, WHETHER IN CONTRACT, STRICT |
196 | LIABILITY, WHETHER IN CONTRACT, STRICT LIABILITY, OR TORT (INCLUDING |
| 54 | LIABILITY, OR TORT (INCLUDING NEGLIGENCE OR OTHERWISE) ARISING IN |
197 | NEGLIGENCE OR OTHERWISE) ARISING IN ANY WAY OUT OF THE USE OR |
| 55 | ANY WAY OUT OF THE USE OR DISTRIBUTION OF THE PROGRAM OR THE |
198 | DISTRIBUTION OF THE PROGRAM OR THE EXERCISE OF ANY RIGHTS GRANTED |
| 56 | EXERCISE OF ANY RIGHTS GRANTED HEREUNDER, EVEN IF ADVISED OF THE |
199 | HEREUNDER, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. |
| 57 | POSSIBILITY OF SUCH DAMAGES. |
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| 58 | |
200 | |
| 59 | The information in this software is subject to change without |
201 | 7. GENERAL |
| 60 | notice and should not be construed as a commitment by The Open Group |
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| 61 | or its third party suppliers. |
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| 62 | |
202 | |
| 63 | Notice: Notwithstanding any other lease or license that may pertain to, |
203 | If any provision of this Agreement is invalid or unenforceable under |
| 64 | or accompany the delivery of, this computer software, the rights of the |
204 | applicable law, it shall not affect the validity or enforceability of |
| 65 | Government regarding its use, reproduction and disclosure are as set |
205 | the remainder of the terms of this Agreement, and without further action |
| 66 | forth in Section 52.227-19 of the FARS Computer Software-Restricted |
206 | by the parties hereto, such provision shall be reformed to the minimum |
| 67 | Rights clause. |
207 | extent necessary to make such provision valid and enforceable. |
| 68 | |
208 | |
| 69 | (c) Copyright 1990, 1991, 1992, 1993, 1994, 1996 Open Software |
209 | If Recipient institutes patent litigation or other similar official |
| 70 | Foundation, Inc. |
210 | proceedings to enforce patent rights against a Contributor with respect |
| 71 | (c) Copyright 1996, 1997, 1998, 1999, 2000 The Open Group. |
211 | to a patent applicable to software (including a cross-claim or |
| 72 | Unpublished - all rights reserved under the Copyright laws of the United |
212 | counterclaim in a lawsuit), then any patent licenses granted by that |
| 73 | States. |
213 | Contributor to such Recipient under this Agreement shall terminate as of |
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214 | the date such litigation is filed. In addition, if Recipient institutes |
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215 | patent litigation against any entity (including a cross-claim or |
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216 | counterclaim in a lawsuit) alleging that the Program itself (excluding |
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217 | combinations of the Program with other software or hardware) infringes |
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218 | such Recipient's patent(s), then such Recipient's rights granted under |
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219 | Section 2(b) shall terminate as of the date such litigation is filed. |
| 74 | |
220 | |
| 75 | RESTRICTED RIGHTS NOTICE: Use, duplication, or disclosure by the |
221 | All Recipient's rights under this Agreement shall terminate if it fails |
| 76 | Government is subject to the restrictions as set forth in subparagraph |
222 | to 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 |
223 | and does not cure such failure in a reasonable period of time after |
| 78 | at DFARS 52.227-7013. |
224 | becoming aware of such non-compliance. If all Recipient's rights under |
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225 | this Agreement terminate, Recipient agrees to cease use and distribution |
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226 | of the Program as soon as reasonably practicable. However, Recipient's |
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227 | obligations under this Agreement and any licenses granted by Recipient |
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228 | relating to the Program shall continue and survive. |
| 79 | |
229 | |
| 80 | The Open Group LLC |
230 | The Open Group may publish new versions (including revisions) of this |
| 81 | Apex Plaza, Forbury Road |
231 | Agreement from time to time. Each new version of the Agreement will be |
| 82 | Reading, Berkshire, |
232 | given a distinguishing version number. The Program (including |
| 83 | RG1 1AX, UK. |
233 | Contributions) may always be distributed subject to the version of the |
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234 | Agreement under which it was received. In addition, after a new version |
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235 | of the Agreement is published, Contributor may elect to distribute the |
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236 | Program (including its Contributions) under the new version. No one |
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237 | other than The Open Group has the right to modify this Agreement. Except |
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238 | as expressly stated in Sections 2(a) and 2(b) above, Recipient receives |
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239 | no rights or licenses to the intellectual property of any Contributor |
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240 | under this Agreement, whether expressly, by implication, estoppel or |
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241 | otherwise. All rights in the Program not expressly granted under this |
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242 | Agreement are reserved. |
| 84 | |
243 | |
| 85 | RESTRICTED RIGHTS LEGEND: This computer software is submitted with |
244 | No party to this Agreement will bring a legal action under this |
| 86 | "restricted rights." Use, duplication or disclosure is subject to the |
245 | Agreement more than one year after the cause of action arose. Each party |
| 87 | restrictions as set forth in NASA FAR SUP 18-52.227-79 (April 1985) |
246 | waives its rights to a jury trial in any resulting litigation. |
| 88 | "Commercial Computer Software- Restricted Rights (April 1985)." The |
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| 89 | Open Group, Apex Plaza, Forbury Road, Reading, Berkshire, RG1 1AX, UK. |
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| 90 | If the contract contains the Clause at 18-52.227-74 "Rights in Data |
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| 91 | General" then the "Alternate III" clause applies. |
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| 92 | |
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| 93 | (c) Copyright 1990, 1991, 1992, 1993, 1994, 1996 Open Software |
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| 94 | Foundation,Inc. ALL RIGHTS RESERVED |
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| 95 | (c) Copyright 1996, 1997, 1998, 1999, 2000 The Open Group. ALL RIGHTS |
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| 96 | RESERVED |
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| 97 | |
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| 98 | The Open Group, Open Software Foundation, OSF, OSF/Motif, and Motif are |
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| 99 | Trademarks of The Open Group |
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| 100 | DEC and DIGITAL are registered trademarks of Digital Equipment |
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| 101 | Corporation |
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| 102 | HP is a trademark of Hewlett-Packard Company |
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| 103 | X Window System is a trademark of the Massachusetts Institute of |
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| 104 | Technology |
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