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1 Lucent Public License Version 1.02
2
3 THE ACCOMPANYING PROGRAM IS PROVIDED UNDER THE TERMS OF THIS PUBLIC
4 LICENSE ("AGREEMENT"). ANY USE, REPRODUCTION OR DISTRIBUTION OF THE
5 PROGRAM CONSTITUTES RECIPIENT'S ACCEPTANCE OF THIS AGREEMENT.
6
7 1. DEFINITIONS
8
9 "Contribution" means:
10
11 a. in the case of Lucent Technologies Inc. ("LUCENT"), the Original
12 Program, and
13 b. in the case of each Contributor,
14
15 i. changes to the Program, and
16 ii. additions to the Program;
17
18 where such changes and/or additions to the Program were added to the
19 Program by such Contributor itself or anyone acting on such
20 Contributor's behalf, and the Contributor explicitly consents, in
21 accordance with Section 3C, to characterization of the changes and/or
22 additions as Contributions.
23
24 "Contributor" means LUCENT and any other entity that has Contributed a
25 Contribution to the Program.
26
27 "Distributor" means a Recipient that distributes the Program,
28 modifications to the Program, or any part thereof.
29
30 "Licensed Patents" mean patent claims licensable by a Contributor
31 which are necessarily infringed by the use or sale of its Contribution
32 alone or when combined with the Program.
33
34 "Original Program" means the original version of the software
35 accompanying this Agreement as released by LUCENT, including source
36 code, object code and documentation, if any.
37
38 "Program" means the Original Program and Contributions or any part
39 thereof
40
41 "Recipient" means anyone who receives the Program under this
42 Agreement, including all Contributors.
43
44 2. GRANT OF RIGHTS
45
46 a. Subject to the terms of this Agreement, each Contributor hereby
47 grants Recipient a non-exclusive, worldwide, royalty-free copyright
48 license to reproduce, prepare derivative works of, publicly display,
49 publicly perform, distribute and sublicense the Contribution of such
50 Contributor, if any, and such derivative works, in source code and
51 object code form.
52
53 b. Subject to the terms of this Agreement, each Contributor hereby
54 grants Recipient a non-exclusive, worldwide, royalty-free patent
55 license under Licensed Patents to make, use, sell, offer to sell,
56 import and otherwise transfer the Contribution of such Contributor, if
57 any, in source code and object code form. The patent license granted
58 by a Contributor shall also apply to the combination of the
59 Contribution of that Contributor and the Program if, at the time the
60 Contribution is added by the Contributor, such addition of the
61 Contribution causes such combination to be covered by the Licensed
62 Patents. The patent license granted by a Contributor shall not apply
63 to (i) any other combinations which include the Contribution, nor to
64 (ii) Contributions of other Contributors. No hardware per se is
65 licensed hereunder.
66
67 c. Recipient understands that although each Contributor grants the
68 licenses to its Contributions set forth herein, no assurances are
69 provided by any Contributor that the Program does not infringe the
70 patent or other intellectual property rights of any other entity. Each
71 Contributor disclaims any liability to Recipient for claims brought by
72 any other entity based on infringement of intellectual property rights
73 or otherwise. As a condition to exercising the rights and licenses
74 granted hereunder, each Recipient hereby assumes sole responsibility
75 to secure any other intellectual property rights needed, if any. For
76 example, if a third party patent license is required to allow
77 Recipient to distribute the Program, it is Recipient's responsibility
78 to acquire that license before distributing the Program.
79
80 d. Each Contributor represents that to its knowledge it has sufficient
81 copyright rights in its Contribution, if any, to grant the copyright
82 license set forth in this Agreement.
83
84 3. REQUIREMENTS
85
86 A. Distributor may choose to distribute the Program in any form under
87 this Agreement or under its own license agreement, provided that:
88
89 a. it complies with the terms and conditions of this Agreement;
90
91 b. if the Program is distributed in source code or other tangible
92 form, a copy of this Agreement or Distributor's own license agreement
93 is included with each copy of the Program; and
94
95 c. if distributed under Distributor's own license agreement, such
96 license agreement:
97
98 i. effectively disclaims on behalf of all Contributors all warranties
99 and conditions, express and implied, including warranties or
100 conditions of title and non-infringement, and implied warranties or
101 conditions of merchantability and fitness for a particular purpose;
102 ii. effectively excludes on behalf of all Contributors all liability
103 for damages, including direct, indirect, special, incidental and
104 consequential damages, such as lost profits; and
105 iii. states that any provisions which differ from this Agreement are
106 offered by that Contributor alone and not by any other party.
107
108 B. Each Distributor must include the following in a conspicuous
109 location in the Program:
110
111 Copyright (C) 2003, Lucent Technologies Inc. and others. All Rights
112 Reserved.
113
114 C. In addition, each Contributor must identify itself as the
115 originator of its Contribution in a manner that reasonably allows
116 subsequent Recipients to identify the originator of the Contribution.
117 Also, each Contributor must agree that the additions and/or changes
118 are intended to be a Contribution. Once a Contribution is contributed,
119 it may not thereafter be revoked.
120
121 4. COMMERCIAL DISTRIBUTION
122
123 Commercial distributors of software may accept certain
124 responsibilities with respect to end users, business partners and the
125 like. While this license is intended to facilitate the commercial use
126 of the Program, the Distributor who includes the Program in a
127 commercial product offering should do so in a manner which does not
128 create potential liability for Contributors. Therefore, if a
129 Distributor includes the Program in a commercial product offering,
130 such Distributor ("Commercial Distributor") hereby agrees to defend
131 and indemnify every Contributor ("Indemnified Contributor") against
132 any losses, damages and costs (collectively"Losses") arising from
133 claims, lawsuits and other legal actions brought by a third party
134 against the Indemnified Contributor to the extent caused by the acts
135 or omissions of such Commercial Distributor in connection with its
136 distribution of the Program in a commercial product offering. The
137 obligations in this section do not apply to any claims or Losses
138 relating to any actual or alleged intellectual property infringement.
139 In order to qualify, an Indemnified Contributor must: a) promptly
140 notify the Commercial Distributor in writing of such claim, and b)
141 allow the Commercial Distributor to control, and cooperate with the
142 Commercial Distributor in, the defense and any related settlement
143 negotiations. The Indemnified Contributor may participate in any such
144 claim at its own expense.
145
146 For example, a Distributor might include the Program in a commercial
147 product offering, Product X. That Distributor is then a Commercial
148 Distributor. If that Commercial Distributor then makes performance
149 claims, or offers warranties related to Product X, those performance
150 claims and warranties are such Commercial Distributor's responsibility
151 alone. Under this section, the Commercial Distributor would have to
152 defend claims against the Contributors related to those performance
153 claims and warranties, and if a court requires any Contributor to pay
154 any damages as a result, the Commercial Distributor must pay those
155 damages.
156
157 5. NO WARRANTY
158
159 EXCEPT AS EXPRESSLY SET FORTH IN THIS AGREEMENT, THE PROGRAM IS
160 PROVIDED ON AN"AS IS" BASIS, WITHOUT WARRANTIES OR CONDITIONS OF ANY
161 KIND, EITHER EXPRESS OR IMPLIED INCLUDING, WITHOUT LIMITATION, ANY
162 WARRANTIES OR CONDITIONS OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY
163 OR FITNESS FOR A PARTICULAR PURPOSE. Each Recipient is solely
164 responsible for determining the appropriateness of using and
165 distributing the Program and assumes all risks associated with its
166 exercise of rights under this Agreement, including but not limited to
167 the risks and costs of program errors, compliance with applicable
168 laws, damage to or loss of data, programs or equipment, and
169 unavailability or interruption of operations.
170
171 6. DISCLAIMER OF LIABILITY
172
173 EXCEPT AS EXPRESSLY SET FORTH IN THIS AGREEMENT, NEITHER RECIPIENT NOR
174 ANY CONTRIBUTORS SHALL HAVE ANY LIABILITY FOR ANY DIRECT, INDIRECT,
175 INCIDENTAL, SPECIAL, EXEMPLARY, OR CONSEQUENTIAL DAMAGES (INCLUDING
176 WITHOUT LIMITATION LOST PROFITS), HOWEVER CAUSED AND ON ANY valid or unenforceable under
177 applicable law, it shall not affect the validity or enforceability of
178 the remainder of the terms of this Agreement, and without further
179 action by the parties hereto, such provision shall be reformed to the
180 minimum extent necessary to make such provision valid and enforceable.
181
182 If Recipient institutes patent litigation against a Contributor with
183 respect to a patent applicable to software (including a cross-claim or
184 counterclaim in a lawsuit), then any patent licenses granted by that
185 Contributor to such Recipient under this Agreement shall terminate as
186 of the date such litigation is filed. In addition, if Recipient
187 institutes patent litigation against any entity (including a
188 cross-claim or counterclaim in a lawsuit) alleging that the Program
189 itself (excluding combinations of the Program with other software or
190 hardware) infringes such Recipient's patent(s), then such Recipient's
191 rights granted under Section 2(b) shall terminate as of the date such
192 litigation is filed.
193
194 All Recipient's rights under this Agreement shall terminate if it
195 fails to comply with any of the material terms or conditions of this
196 Agreement and does not cure such failure in a reasonable period of
197 time after becoming aware of such noncompliance. If all Recipient's
198 rights under this Agreement terminate, Recipient agrees to cease use
199 and distribution of the Program as soon as reasonably practicable.
200 However, Recipient's obligations under this Agreement and any licenses
201 granted by Recipient relating to the Program shall continue and
202 survive.
203
204 LUCENT may publish new versions (including revisions) of this
205 Agreement from time to time. Each new version of the Agreement will be
206 given a distinguishing version number. The Program (including
207 Contributions) may always be distributed subject to the version of the
208 Agreement under which it was received. In addition, after a new
209 version of the Agreement is published, Contributor may elect to
210 distribute the Program (including its Contributions) under the new
211 version. No one other than LUCENT has the right to modify this
212 Agreement. Except as expressly stated in Sections 2(a) and 2(b) above,
213 Recipient receives no rights or licenses to the intellectual property
214 of any Contributor under this Agreement, whether expressly, by
215 implication, estoppel or otherwise. All rights in the Program not
216 expressly granted under this Agreement are reserved.
217
218 This Agreement is governed by the laws of the State of New York and
219 the intellectual property laws of the United States of America. No
220 party to this Agreement will bring a legal action under this Agreement
221 more than one year after the cause of action arose. Each party waives
222 its rights to a jury trial in any resulting litigation.

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