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THE OPEN GROUP PUBLIC LICENSE |
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Motif User Graphical Interface SOFTWARE |
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THE ACCOMPANYING PROGRAM IS PROVIDED UNDER THE TERMS OF THIS |
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THE OPEN GROUP PUBLIC LICENSE ("AGREEMENT"). ANY USE, REPRODUCTION OR |
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DISTRIBUTION OF THE PROGRAM CONSTITUTES RECIPIENT'S ACCEPTANCE OF THIS |
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AGREEMENT. |
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1. DEFINITIONS |
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"Contribution" means: |
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a. in the case of The Open Group, L.L.C. ("The Open Group"), the |
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Original Program, and |
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b. in the case of each Contributor, |
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i. changes to the Program, and |
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ii. additions to the Program; |
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where such changes and/or additions to the Program originate from and |
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are distributed by that particular Contributor. A Contribution |
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'originates' from a Contributor if it was added to the Program by such |
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Contributor itself or anyone acting on such Contributor's behalf. |
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Contributions do not include additions to the Program which: |
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i. are separate modules of software distributed in conjunction with |
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the Program under their own license agreement, even if the separate |
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modules are linked in binary form to the Program, and |
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ii. are not derivative works of the Program. |
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"Contributor" means The Open Group and any other entity that distributes |
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the Program. |
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"Licensed Patents" mean patent claims licensable by a Contributor which |
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are necessarily infringed by the use or sale of its Contribution alone |
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or when combined with the Program. |
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"Open Source" programs mean software for which the source code is |
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available without confidential or trade secret restrictions and for |
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which the source code and object code are available for distribution |
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without license charges. |
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"Original Program" means the original version of the software |
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accompanying this Agreement as released by The Open Group, including |
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source code, object code and documentation, if any. |
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"Program" means the Original Program and Contributions. |
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"Recipient" means anyone who receives the Program under this Agreement, |
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including all Contributors. |
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2. GRANT OF RIGHTS |
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The rights granted under this license are limited solely to distribution |
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and sublicensing of the Contribution(s) on, with, or for operating |
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systems which are themselves Open Source programs. Contact The Open |
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Group for a license allowing distribution and sublicensing of the |
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Original Program on, with, or for operating systems which are not Open |
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Source programs. |
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a. Subject to the terms of this Agreement and the limitations of this |
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Section 2, each Contributor hereby grants Recipient a non-exclusive, |
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worldwide, royalty-free copyright license to reproduce, prepare |
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derivative works of, publicly display, publicly perform, distribute |
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and sublicense the Contribution of such Contributor, if any, and such |
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derivative works, in source code and object code form. |
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b. Subject to the terms of this Agreement and the limitations of this |
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Section 2, each Contributor hereby grants Recipient a non-exclusive, |
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worldwide, royalty-free patent license under Licensed Patents to make, |
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use, sell, offer to sell, import and otherwise transfer the |
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Contribution of such Contributor, if any, in source code and object |
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code form. This patent license shall apply to the combination of the |
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Contribution and the Program if, at the time the Contribution is added |
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by the Contributor, such addition of the Contribution causes such |
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combination to be covered by the Licensed Patents. The patent license |
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shall not apply to any other combinations which include the |
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Contribution. No hardware per se is licensed hereunder. |
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c. Recipient understands that although each Contributor grants the |
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licenses to its Contributions set forth herein, no assurances are |
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provided by any Contributor that the Program does not infringe the |
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patent or other intellectual property rights of any other entity. Each |
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Contributor disclaims any liability to Recipient for claims brought by |
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any other entity based on infringement of intellectual property rights |
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or otherwise. As a condition to exercising the rights and licenses |
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granted hereunder, each Recipient hereby assumes sole responsibility |
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to secure any other intellectual property rights needed, if any. For |
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example, if a third party patent license is required to allow |
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Recipient to distribute the Program, it is Recipient's responsibility |
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to acquire that license before distributing the Program. |
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d. Each Contributor represents that to its knowledge it has sufficient |
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copyright rights in its Contribution, if any, to grant the copyright |
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license set forth in this Agreement. |
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3. REQUIREMENTS |
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A Contributor may choose to distribute the Program in object code form |
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under its own license agreement, provided that: |
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a. it complies with the terms and conditions of this Agreement; and |
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b. its license agreement: |
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i. effectively disclaims on behalf of all Contributors all |
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warranties and conditions, express and implied, including warranties |
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or conditions of title and non-infringement, and implied warranties |
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or conditions of merchantability and fitness for a particular |
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purpose; |
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ii. effectively excludes on behalf of all Contributors all liability |
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for damages, including direct, indirect, special, incidental and |
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consequential damages, such as lost profits; |
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iii. states that any provisions which differ from this Agreement are |
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offered by that Contributor alone and not by any other party; and |
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iv. states that source code for the Program is available from such |
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Contributor, and informs licensees how to obtain it in a reasonable |
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manner on or through a medium customarily used for software |
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exchange. |
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When the Program is made available in source code form: |
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a. it must be made available under this Agreement; and |
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b. a copy of this Agreement must be included with each copy of the |
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Program. |
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Each Contributor must include the following in a conspicuous location in |
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the Program: |
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Copyright (c) {date here}, The Open Group and others. All Rights |
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Reserved. |
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In addition, each Contributor must identify itself as the originator of |
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its Contribution, if any, in a manner that reasonably allows subsequent |
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Recipients to identify the originator of the Contribution. |
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4. COMMERCIAL DISTRIBUTION |
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Commercial distributors of software may accept certain responsibilities |
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with respect to end users, business partners and the like. While this |
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license is intended to facilitate the commercial use of the Program, |
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subject to the limitations provided in Section 2, the Contributor who |
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includes the Program in a commercial product offering should do so in a |
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manner which does not create potential liability for other Contributors. |
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Therefore, if a Contributor includes the Program in a commercial product |
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offering, such Contributor ("Commercial Contributor") hereby agrees to |
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defend and indemnify every other Contributor ("Indemnified Contributor") |
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against any losses, damages and costs (collectively "Losses") arising |
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from claims, lawsuits and other legal actions brought by a third party |
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against the Indemnified Contributor to the extent caused by the acts or |
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omissions of such Commercial Contributor in connection with its |
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distribution of the Program in a commercial product offering. The |
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obligations in this section do not apply to any claims or Losses |
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relating to any actual or alleged intellectual property infringement. In |
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order to qualify, an Indemnified Contributor must: |
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a. promptly notify the Commercial Contributor in writing of such |
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claim, and |
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b. allow the Commercial Contributor to control, and cooperate with the |
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Commercial Contributor in, the defence and any related settlement |
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negotiations. |
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The Indemnified Contributor may participate in any such claim at its own |
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expense. |
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For example, a Contributor might include the Program in a commercial |
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product offering, Product X. That Contributor is then a Commercial |
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Contributor. If that Commercial Contributor then makes performance |
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claims, or offers warranties related to Product X, those performance |
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claims and warranties are such Commercial Contributor's responsibility |
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alone. Under this section, the Commercial Contributor would have to |
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defend claims against the other Contributors related to those |
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performance claims and warranties, and if a court requires any other |
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Contributor to pay any damages as a result, the Commercial Contributor |
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must pay those damages. |
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5. NO WARRANTY |
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EXCEPT AS EXPRESSLY SET FORTH IN THIS AGREEMENT, THE PROGRAM IS PROVIDED |
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ON AN "AS IS" BASIS, WITHOUT WARRANTIES OR CONDITIONS OF ANY KIND, |
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EITHER EXPRESS OR IMPLIED INCLUDING, WITHOUT LIMITATION, ANY WARRANTIES |
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OR CONDITIONS OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY OR FITNESS FOR |
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A PARTICULAR PURPOSE. Each Recipient is solely responsible for |
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determining the appropriateness of using and distributing the Program |
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and assumes all risks associated with its exercise of rights under this |
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Agreement, including but not limited to the risks and costs of program |
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errors, compliance with applicable laws, damage to or loss of data, |
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programs or equipment, and unavailability or interruption of operations. |
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6. DISCLAIMER OF LIABILITY |
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EXCEPT AS EXPRESSLY SET FORTH IN THIS AGREEMENT, NEITHER RECIPIENT NOR |
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ANY CONTRIBUTORS SHALL HAVE ANY LIABILITY FOR ANY DIRECT, INDIRECT, |
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INCIDENTAL, SPECIAL, EXEMPLARY, OR CONSEQUENTIAL DAMAGES (INCLUDING |
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WITHOUT LIMITATION LOST PROFITS), HOWEVER CAUSED AND ON ANY THEORY OF |
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LIABILITY, WHETHER IN CONTRACT, STRICT LIABILITY, OR TORT (INCLUDING |
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NEGLIGENCE OR OTHERWISE) ARISING IN ANY WAY OUT OF THE USE OR |
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DISTRIBUTION OF THE PROGRAM OR THE EXERCISE OF ANY RIGHTS GRANTED |
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HEREUNDER, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. |
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7. GENERAL |
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If any provision of this Agreement is invalid or unenforceable under |
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applicable law, it shall not affect the validity or enforceability of |
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the remainder of the terms of this Agreement, and without further action |
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by the parties hereto, such provision shall be reformed to the minimum |
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extent necessary to make such provision valid and enforceable. |
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If Recipient institutes patent litigation or other similar official |
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proceedings to enforce patent rights against a Contributor with respect |
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to a patent applicable to software (including a cross-claim or |
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counterclaim in a lawsuit), then any patent licenses granted by that |
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Contributor to such Recipient under this Agreement shall terminate as of |
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the date such litigation is filed. In addition, if Recipient institutes |
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patent litigation against any entity (including a cross-claim or |
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counterclaim in a lawsuit) alleging that the Program itself (excluding |
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combinations of the Program with other software or hardware) infringes |
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such Recipient's patent(s), then such Recipient's rights granted under |
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Section 2(b) shall terminate as of the date such litigation is filed. |
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All Recipient's rights under this Agreement shall terminate if it fails |
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to comply with any of the material terms or conditions of this Agreement |
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and does not cure such failure in a reasonable period of time after |
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becoming aware of such non-compliance. If all Recipient's rights under |
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this Agreement terminate, Recipient agrees to cease use and distribution |
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of the Program as soon as reasonably practicable. However, Recipient's |
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obligations under this Agreement and any licenses granted by Recipient |
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relating to the Program shall continue and survive. |
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The Open Group may publish new versions (including revisions) of this |
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Agreement from time to time. Each new version of the Agreement will be |
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given a distinguishing version number. The Program (including |
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Contributions) may always be distributed subject to the version of the |
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Agreement under which it was received. In addition, after a new version |
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of the Agreement is published, Contributor may elect to distribute the |
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Program (including its Contributions) under the new version. No one |
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other than The Open Group has the right to modify this Agreement. Except |
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as expressly stated in Sections 2(a) and 2(b) above, Recipient receives |
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no rights or licenses to the intellectual property of any Contributor |
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under this Agreement, whether expressly, by implication, estoppel or |
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otherwise. All rights in the Program not expressly granted under this |
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Agreement are reserved. |
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No party to this Agreement will bring a legal action under this |
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Agreement more than one year after the cause of action arose. Each party |
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waives its rights to a jury trial in any resulting litigation. |