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1 SOURCE CODE AGREEMENT
2
3 Version 1.2D
4
5 PLEASE READ THIS AGREEMENT CAREFULLY. By accessing and using the Source
6 Code, you accept this Agreement in its entirety and agree to only use the
7 Source Code in accordance with the following terms and conditions. If you do
8 not wish to be bound by these terms and conditions, do not access or use the
9 Source Code.
10
11 1. YOUR REPRESENTATIONS
12
13 1. You represent and warrant that:
14
15 a. If you are an entity, or an individual other than the person
16 accepting this Agreement, the person accepting this Agreement
17 on your behalf is your legally authorized representative,
18 duly authorized to accept agreements of this type on your
19 behalf and obligate you to comply with its provisions;
20
21 b. You have read and fully understand this Agreement in its
22 entirety;
23
24 c. Your Build Materials are either original or do not include
25 any Software obtained under a license that conflicts with the
26 obligations contained in this Agreement;
27
28 d. To the best of your knowledge, your Build Materials do not
29 infringe or misappropriate the rights of any person or
30 entity; and,
31
32 e. You will regularly monitor the Website for any notices.
33
34 2. DEFINITIONS AND INTERPRETATION
35
36 1. For purposes of this Agreement, certain terms have been defined
37 below and elsewhere in this Agreement to encompass meanings that
38 may differ from, or be in addition to, the normal connotation of
39 the defined word.
40
41 a. "Additional Code" means Software in source code form which
42 does not contain any
43
44 i. of the Source Code, or
45 ii. derivative work (such term having the same meaning in
46 this Agreement as under U.S. Copyright Law) of the
47 Source Code.
48
49 b. "AT&T Patent Claims" means those claims of patents (i) owned
50 by AT&T and (ii) licensable without restriction or
51 obligation, which, absent a license, are necessarily and
52 unavoidably infringed by the use of the functionality of the
53 Source Code.
54
55 c. "Build Materials" means, with reference to a Derived Product,
56 the Patch and Additional Code, if any, used in the
57 preparation of such Derived Product, together with written
58 instructions that describe, in reasonable detail, such
59 preparation.
60
61 d. "Capsule" means a computer file containing the exact same
62 contents as the computer file having the name gviz15.tgz or
63 gviz15.zip, which will be downloaded after accepting, or was
64 opened to access, this Agreement.
65
66 e. "Derived Product" means a Software Product which is a
67 derivative work of the Source Code.
68
69 f. "IPR" means all rights protectable under intellectual
70 property law anywhere throughout the world, including rights
71 protectable under patent, copyright and trade secret laws,
72 but not trademark rights.
73
74 g. "Patch" means Software for changing all or any portion of the
75 Source Code.
76
77 h. "Proprietary Notice" means the following statement:
78
79 "This product contains certain software code or other
80 information ("AT&T Software") proprietary to AT&T Corp.
81 ("AT&T"). The AT&T Software is provided to you "AS IS". YOU
82 ASSUME TOTAL RESPONSIBILITY AND RISK FOR USE OF THE AT&T
83 SOFTWARE. AT&T DOES NOT MAKE, AND EXPRESSLY DISCLAIMS, ANY
84 EXPRESS OR IMPLIED WARRANTIES OF ANY KIND WHATSOEVER,
85 INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF
86 MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE,
87 WARRANTIES OF TITLE OR NON-INFRINGEMENT OF ANY INTELLECTUAL
88 PROPERTY RIGHTS, ANY WARRANTIES ARISING BY USAGE OF TRADE,
89 COURSE OF DEALING OR COURSE OF PERFORMANCE, OR ANY WARRANTY
90 THAT THE AT&T SOFTWARE IS "ERROR FREE" OR WILL MEET YOUR
91 REQUIREMENTS.
92
93 Unless you accept a license to use the AT&T Software, you
94 shall not reverse compile, disassemble or otherwise reverse
95 engineer this product to ascertain the source code for any
96 AT&T Software.
97
98 © AT&T Corp. All rights reserved. AT&T is a registered
99 trademark of AT&T Corp."
100
101 i. "Software" means, as the context may require, source or
102 object code instructions for controlling the operation of a
103 central processing unit or computer, and computer files
104 containing data or text.
105
106 j. "Software Product" means a collection of computer files
107 containing Software in object code form only, which, taken
108 together, reasonably comprise a product, regardless of
109 whether such product is intended for internal use or
110 commercial exploitation. A single computer file can comprise
111 a Software Product.
112
113 k. "Source Code" means the Software contained in compressed form
114 in the Capsule.
115
116 l. "Website" means the Internet website having the URL
117 http://www.research.att.com/sw/tools/graphviz. AT&T may
118 change the content or URL of the Website, or remove it from
119 the Internet altogether.
120
121 2. By way of clarification only, the terms Capsule, Proprietary
122 Notice and Source Code when used in this Agreement shall mean the
123 materials and information defined by such terms without any
124 change, enhancement, amendment, alteration or modification
125 (collectively, "change").
126
127 3. GRANT OF RIGHTS
128
129 1. Subject to third party intellectual property claims, if any, and
130 the terms and conditions of this Agreement, AT&T grants to you
131 under:
132
133 a. the AT&T Patent Claims and AT&T's copyright rights in the
134 Source Code, a non-exclusive, fully paid-up license to:
135
136 i. Reproduce and distribute the Capsule;
137 ii. Display, perform, use, and compile the Source Code and
138 execute the resultant binary Software on a computer;
139 iii. Prepare a Derived Product solely by compiling Additional
140 Code, if any, together with the code resulting from
141 operating a Patch on the Source Code; and,
142 iv. Execute on a computer and distribute to others Derived
143 Products,
144
145 except that, with respect to the AT&T Patent Claims , the
146 license rights granted in clauses (iii) and (iv) above shall
147 only extend, and be limited, to that portion of a Derived
148 Product which is Software compiled from some portion of the
149 Source Code; and,
150
151 b. AT&T's copyright rights in the Source Code, a non-exclusive,
152 fully paid-up license to prepare and distribute Patches for
153 the Source Code.
154
155 2. Subject to the terms and conditions of this Agreement, you may
156 create a hyperlink between an Internet website owned and
157 controlled by you and the Website, which hyperlink describes in a
158 fair and good faith manner where the Capsule and Source Code may
159 be obtained, provided that, you do not frame the Website or
160 otherwise give the false impression that AT&T is somehow
161 associated with, or otherwise endorses or sponsors your website.
162 Any goodwill associated with such hyperlink shall inure to the
163 sole benefit of AT&T. Other than the creation of such hyperlink,
164 nothing in this Agreement shall be construed as conferring upon
165 you any right to use any reference to AT&T, its trade names,
166 trademarks, service marks or any other indicia of origin owned by
167 AT&T, or to indicate that your products or services are in any way
168 sponsored, approved or endorsed by, or affiliated with, AT&T.
169
170 3. Except as expressly set forth in Section 3.1 above, no other
171 rights or licenses under any of AT&T?s IPR are granted or, by
172 implication, estoppel or otherwise, conferred. By way of example
173 only, no rights or licenses under any of AT&T's patents are
174 granted or, by implication, estoppel or otherwise, conferred with
175 respect to any portion of a Derived Product which is not Software
176 compiled from some portion, without change, of the Source Code.
177
178 4. YOUR OBLIGATIONS
179
180 1. If you distribute Build Materials (including if you are required
181 to do so pursuant to this Agreement), you shall ensure that the
182 recipient enters into and duly accepts an agreement with you which
183 includes the minimum terms set forth in Appendix A (completed to
184 indicate you as the LICENSOR) and no other provisions which, in
185 AT&T's opinion, conflict with your obligations under, or the
186 intent of, this Agreement. The agreement required under this
187 Section 4.1 may be in electronic form and may be distributed with
188 the Build Materials in a form such that the recipient accepts the
189 agreement by using or installing the Build Materials. If any
190 Additional Code contained in your Build Materials includes
191 Software you obtained under license, the agreement shall also
192 include complete details concerning the license and any
193 restrictions or obligations associated with such Software.
194
195 2. If you prepare a Patch which you distribute to anyone else you
196 shall:
197
198 a. Contact AT&T, as may be provided on the Website or in a text
199 file included with the Source Code, and describe for AT&T
200 such Patch and provide AT&T with a copy of such Patch as
201 directed by AT&T; or,
202
203 b. Where you make your Patch generally available on your
204 Internet website, you shall provide AT&T with the URL of your
205 website and hereby grant to AT&T a non-exclusive, fully-paid
206 up right to create a hyperlink between your website and a
207 page associated with the Website.
208
209 3. If you prepare a Derived Product, such product shall conspicuously
210 display to users, and any corresponding documentation and license
211 agreement shall include as a provision, the Proprietary Notice.
212
213 5. YOUR GRANT OF RIGHTS TO AT&T
214
215 1. You grant to AT&T under any IPR owned or licensable by you which
216 in any way relates to your Patches, a non-exclusive, perpetual,
217 worldwide, fully paid-up, unrestricted, irrevocable license, along
218 with the right to sublicense others, to (a) make, have made, use,
219 offer to sell, sell and import any products, services or any
220 combination of products or services, and (b) reproduce,
221 distribute, prepare derivative works based on, perform, display
222 and transmit your Patches in any media whether now known or in the
223 future developed.
224
225 6. AS IS CLAUSE / LIMITATION OF LIABILITY
226
227 1. The Source Code and Capsule are provided to you "AS IS". YOU
228 ASSUME TOTAL RESPONSIBILITY AND RISK FOR YOUR USE OF THEM
229 INCLUDING THE RISK OF ANY DEFECTS OR INACCURACIES THEREIN. AT&T
230 DOES NOT MAKE, AND EXPRESSLY DISCLAIMS, ANY EXPRESS OR IMPLIED
231 WARRANTIES OF ANY KIND WHATSOEVER, INCLUDING, WITHOUT LIMITATION,
232 THE IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A
233 PARTICULAR PURPOSE, WARRANTIES OF TITLE OR NON-INFRINGEMENT OF ANY
234 IPR OR TRADEMARK RIGHTS, ANY WARRANTIES ARISING BY USAGE OF TRADE,
235 COURSE OF DEALING OR COURSE OF PERFORMANCE, OR ANY WARRANTY THAT
236 THE SOURCE CODE OR CAPSULE ARE "ERROR FREE" OR WILL MEET YOUR
237 REQUIREMENTS.
238
239 2. IN NO EVENT SHALL AT&T BE LIABLE FOR (a) ANY INCIDENTAL,
240 CONSEQUENTIAL, OR INDIRECT DAMAGES (INCLUDING, WITHOUT LIMITATION,
241 DAMAGES FOR LOSS OF PROFITS, BUSINESS INTERRUPTION, LOSS OF
242 PROGRAMS OR INFORMATION, AND THE LIKE) ARISING OUT OF THE USE OF
243 OR INABILITY TO USE THE SOURCE CODE OR CAPSULE, EVEN IF AT&T OR
244 ANY OF ITS AUTHORIZED REPRESENTATIVES HAS BEEN ADVISED OF THE
245 POSSIBILITY OF SUCH DAMAGES, (b) ANY CLAIM ATTRIBUTABLE TO ERRORS,
246 OMISSIONS, OR OTHER INACCURACIES IN THE SOURCE CODE OR CAPSULE, OR
247 (c) ANY CLAIM BY ANY THIRD PARTY.
248
249 3. BECAUSE SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF
250 LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE
251 LIMITATIONS MAY NOT APPLY TO YOU. IN THE EVENT THAT APPLICABLE LAW
252 DOES NOT ALLOW THE COMPLETE EXCLUSION OR LIMITATION OF LIABILITY
253 OF CLAIMS AND DAMAGES AS SET FORTH IN THIS AGREEMENT, AT&T?S
254 LIABILITY IS LIMITED TO THE GREATEST EXTENT PERMITTED BY LAW.
255
256 7. INDEMNIFICATION
257
258 1. You shall indemnify and hold harmless AT&T, its affiliates and
259 authorized representatives against any claims, suits or
260 proceedings asserted or commenced by any third party and arising
261 out of, or relating to, your use of the Source Code. This
262 obligation shall include indemnifying against all damages, losses,
263 costs and expenses (including attorneys? fees) incurred by AT&T,
264 its affiliates and authorized representatives as a result of any
265 such claims, suits or proceedings, including any costs or expenses
266 incurred in defending against any such claims, suits, or
267 proceedings.
268
269 8. GENERAL
270
271 1. You shall not assert against AT&T, its affiliates or authorized
272 representatives any claim for infringement or misappropriation of
273 any IPR or trademark rights in any way relating to the Source
274 Code, including any such claims relating to any Patches.
275
276 2. In the event that any provision of this Agreement is deemed
277 illegal or unenforceable, AT&T may, but is not obligated to, post
278 on the Website a new version of this Agreement which, in AT&T's
279 opinion, reasonably preserves the intent of this Agreement.
280
281 3. Your rights and license (but not any of your obligations) under
282 this Agreement shall terminate automatically in the event that (a)
283 notice of a non-frivolous claim by a third party relating to the
284 Source Code or Capsule is posted on the Website, (b) you have
285 knowledge of any such claim, (c) any of your representations or
286 warranties in Article 1.0 or Section 8.4 are false or inaccurate,
287 (d) you exceed the rights and license granted to you or (e) you
288 fail to fully comply with any provision of this Agreement. Nothing
289 in this provision shall be construed to restrict you, at your
290 option and subject to applicable law, from replacing the portion
291 of the Source Code that is the subject of a claim by a third party
292 with non-infringing code or from independently negotiating for
293 necessary rights from the third party.
294
295 4. You acknowledge that the Source Code and Capsule may be subject to
296 U.S. export laws and regulations, and, accordingly, you hereby
297 assure AT&T that you will not, directly or indirectly, violate any
298 applicable U.S. laws and regulations.
299
300 5. Without limiting any of AT&T?s rights under this Agreement or at
301 law or in equity, or otherwise expanding the scope of the license
302 and rights granted hereunder, if you fail to perform any of your
303 obligations under this Agreement with respect to any of your
304 Patches or Derived Products, or if you do any act which exceeds
305 the scope of the license and rights granted herein, then such
306 Patches, Derived Products and acts are not licensed or otherwise
307 authorized under this Agreement and such failure shall also be
308 deemed a breach of this Agreement. In addition to all other relief
309 available to it for any breach of your obligations under this
310 Agreement, AT&T shall be entitled to an injunction requiring you
311 to perform such obligations.
312
313 6. This Agreement shall be governed by and construed in accordance
314 with the laws of the State of New York, USA, without regard to its
315 conflicts of law rules. This Agreement shall be fairly interpreted
316 in accordance with its terms and without any strict construction
317 in favor of or against either AT&T or you. Any suit or proceeding
318 you bring relating to this Agreement shall be brought and
319 prosecuted only in New York, New York, USA.
320
321 --------------------------
322 Appendix A - Minimum Terms
323 --------------------------
324 The minimum terms are available at the Internet website having the URL http://www.research.att.com/sw/tools/graphviz/license/minterms.html or accessed by opening the computer file having the name MINTERMS.txt.
325
326
327 ============================================================
328
329 The gd source has this copyright statement:
330
331
332 COPYRIGHT STATEMENT FOLLOWS THIS LINE
333
334 Portions copyright 1994, 1995, 1996, 1997, 1998, 1999, 2000 by Cold
335 Spring Harbor Laboratory. Funded under Grant P41-RR02188 by the
336 National Institutes of Health.
337
338 Portions copyright 1996, 1997, 1998, 1999, 2000 by Boutell.Com,
339 Inc.
340
341 Portions relating to GD2 format copyright 1999, 2000 Philip Warner.
342
343 Portions relating to PNG copyright 1999, 2000 Greg Roelofs.
344
345 Portions relating to libttf copyright 1999, 2000 John Ellson
346 (ellson@lucent.com).
347
348 Portions relating to JPEG copyright 2000, Doug Becker and copyright
349 (C) 1994-1998, Thomas G. Lane. This software is based in part on
350 the work of the Independent JPEG Group.
351
352 Portions relating to WBMP copyright 2000 Maurice Szmurlo and Johan
353 Van den Brande.
354
355 _Permission has been granted to copy, distribute and modify gd in
356 any context without fee, including a commercial application,
357 provided that this notice is present in user-accessible supporting
358 documentation._
359
360 This does not affect your ownership of the derived work itself, and
361 the intent is to assure proper credit for the authors of gd, not to
362 interfere with your productive use of gd. If you have questions,
363 ask. "Derived works" includes all programs that utilize the
364 library. Credit must be given in user-accessible documentation.
365
366 _This software is provided "AS IS."_ The copyright holders disclaim
367 all warranties, either express or implied, including but not
368 limited to implied warranties of merchantability and fitness for a
369 particular purpose, with respect to this code and accompanying
370 documentation.
371
372 Although their code does not appear in gd 1.8.3, the authors wish
373 to thank David Koblas, David Rowley, and Hutchison Avenue Software
374 Corporation for their prior contributions.
375
376 END OF COPYRIGHT STATEMENT

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