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

1 THE OPEN GROUP PUBLIC LICENSE
2
3 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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