akaros/LICENSE-plan9
<<
>>
Prefs
   1The University of California, Berkeley, has been authorised by
   2Alcatel-Lucent to release all Plan 9 software previously governed by
   3the Lucent Public License, Version 1.02 under the GNU General
   4Public License, Version 2.
   5
   6You can redistribute it and/or modify it under the terms of the GNU
   7General Public License as published by the Free Software Foundation;
   8version 2 of the License.
   9
  10This program is distributed in the hope that it will be useful, but
  11WITHOUT ANY WARRANTY; without even the implied warranty of
  12MERCHANTABILITY or FITNESS FOR A PARTICULAR PURPOSE.  See the GNU
  13General Public License for more details.
  14
  15You should have received a copy of the GNU General Public License
  16along with this program; if not, write to the Free Software
  17Foundation, Inc., 51 Franklin St, Fifth Floor, Boston, MA 02110-1301
  18USA
  19
  20The Plan 9 software is provided under the terms of the
  21Lucent Public License, Version 1.02, reproduced below,
  22with the following notable exceptions:
  23
  241. No right is granted to create derivative works of or
  25   to redistribute (other than with the Plan 9 Operating System)
  26   the screen imprinter fonts identified in subdirectory
  27   /lib/font/bit/lucida and printer fonts (Lucida Sans Unicode, Lucida
  28   Sans Italic, Lucida Sans Demibold, Lucida Typewriter, Lucida Sans
  29   Typewriter83), identified in subdirectory /sys/lib/postscript/font.
  30   These directories contain material copyrights by B&H Inc. and Y&Y Inc.
  31
  322. The printer fonts identified in subdirectory /sys/lib/ghostscript/font
  33   are subject to the GNU GPL, reproduced in the file /LICENSE.gpl.
  34
  353. The ghostscript program in the subdirectory /sys/src/cmd/gs is
  36   covered by the Aladdin Free Public License, reproduced in the file
  37   /LICENSE.afpl.
  38
  39Other, less notable exceptions are marked in the file tree with
  40COPYING, COPYRIGHT, or LICENSE files.
  41
  42===================================================================
  43
  44Lucent Public License Version 1.02
  45
  46THE ACCOMPANYING PROGRAM IS PROVIDED UNDER THE TERMS OF THIS PUBLIC
  47LICENSE ("AGREEMENT"). ANY USE, REPRODUCTION OR DISTRIBUTION OF THE
  48PROGRAM CONSTITUTES RECIPIENT'S ACCEPTANCE OF THIS AGREEMENT.
  49
  501. DEFINITIONS
  51
  52"Contribution" means:
  53
  54  a. in the case of Lucent Technologies Inc. ("LUCENT"), the Original
  55     Program, and
  56  b. in the case of each Contributor,
  57
  58     i. changes to the Program, and
  59    ii. additions to the Program;
  60
  61    where such changes and/or additions to the Program were added to the
  62    Program by such Contributor itself or anyone acting on such
  63    Contributor's behalf, and the Contributor explicitly consents, in
  64    accordance with Section 3C, to characterization of the changes and/or
  65    additions as Contributions.
  66
  67"Contributor" means LUCENT and any other entity that has Contributed a
  68Contribution to the Program.
  69
  70"Distributor" means a Recipient that distributes the Program,
  71modifications to the Program, or any part thereof.
  72
  73"Licensed Patents" mean patent claims licensable by a Contributor
  74which are necessarily infringed by the use or sale of its Contribution
  75alone or when combined with the Program.
  76
  77"Original Program" means the original version of the software
  78accompanying this Agreement as released by LUCENT, including source
  79code, object code and documentation, if any.
  80
  81"Program" means the Original Program and Contributions or any part
  82thereof
  83
  84"Recipient" means anyone who receives the Program under this
  85Agreement, including all Contributors.
  86
  872. GRANT OF RIGHTS
  88
  89 a. Subject to the terms of this Agreement, each Contributor hereby
  90    grants Recipient a non-exclusive, worldwide, royalty-free copyright
  91    license to reproduce, prepare derivative works of, publicly display,
  92    publicly perform, distribute and sublicense the Contribution of such
  93    Contributor, if any, and such derivative works, in source code and
  94    object code form.
  95    
  96 b. Subject to the terms of this Agreement, each Contributor hereby
  97    grants Recipient a non-exclusive, worldwide, royalty-free patent
  98    license under Licensed Patents to make, use, sell, offer to sell,
  99    import and otherwise transfer the Contribution of such Contributor, if
 100    any, in source code and object code form. The patent license granted
 101    by a Contributor shall also apply to the combination of the
 102    Contribution of that Contributor and the Program if, at the time the
 103    Contribution is added by the Contributor, such addition of the
 104    Contribution causes such combination to be covered by the Licensed
 105    Patents. The patent license granted by a Contributor shall not apply
 106    to (i) any other combinations which include the Contribution, nor to
 107    (ii) Contributions of other Contributors. No hardware per se is
 108    licensed hereunder.
 109    
 110 c. Recipient understands that although each Contributor grants the
 111    licenses to its Contributions set forth herein, no assurances are
 112    provided by any Contributor that the Program does not infringe the
 113    patent or other intellectual property rights of any other entity. Each
 114    Contributor disclaims any liability to Recipient for claims brought by
 115    any other entity based on infringement of intellectual property rights
 116    or otherwise. As a condition to exercising the rights and licenses
 117    granted hereunder, each Recipient hereby assumes sole responsibility
 118    to secure any other intellectual property rights needed, if any. For
 119    example, if a third party patent license is required to allow
 120    Recipient to distribute the Program, it is Recipient's responsibility
 121    to acquire that license before distributing the Program.
 122
 123 d. Each Contributor represents that to its knowledge it has sufficient
 124    copyright rights in its Contribution, if any, to grant the copyright
 125    license set forth in this Agreement.
 126
 1273. REQUIREMENTS
 128
 129A. Distributor may choose to distribute the Program in any form under
 130this Agreement or under its own license agreement, provided that:
 131
 132 a. it complies with the terms and conditions of this Agreement;
 133
 134 b. if the Program is distributed in source code or other tangible
 135    form, a copy of this Agreement or Distributor's own license agreement
 136    is included with each copy of the Program; and
 137
 138 c. if distributed under Distributor's own license agreement, such
 139    license agreement:
 140
 141      i. effectively disclaims on behalf of all Contributors all warranties
 142         and conditions, express and implied, including warranties or
 143         conditions of title and non-infringement, and implied warranties or
 144         conditions of merchantability and fitness for a particular purpose;
 145     ii. effectively excludes on behalf of all Contributors all liability
 146         for damages, including direct, indirect, special, incidental and
 147         consequential damages, such as lost profits; and
 148    iii. states that any provisions which differ from this Agreement are
 149         offered by that Contributor alone and not by any other party.
 150
 151B. Each Distributor must include the following in a conspicuous
 152   location in the Program:
 153
 154   Copyright (C) 2003, Lucent Technologies Inc. and others. All Rights
 155   Reserved.
 156
 157C. In addition, each Contributor must identify itself as the
 158originator of its Contribution in a manner that reasonably allows
 159subsequent Recipients to identify the originator of the Contribution.
 160Also, each Contributor must agree that the additions and/or changes
 161are intended to be a Contribution. Once a Contribution is contributed,
 162it may not thereafter be revoked.
 163
 1644. COMMERCIAL DISTRIBUTION
 165
 166Commercial distributors of software may accept certain
 167responsibilities with respect to end users, business partners and the
 168like. While this license is intended to facilitate the commercial use
 169of the Program, the Distributor who includes the Program in a
 170commercial product offering should do so in a manner which does not
 171create potential liability for Contributors. Therefore, if a
 172Distributor includes the Program in a commercial product offering,
 173such Distributor ("Commercial Distributor") hereby agrees to defend
 174and indemnify every Contributor ("Indemnified Contributor") against
 175any losses, damages and costs (collectively"Losses") arising from
 176claims, lawsuits and other legal actions brought by a third party
 177against the Indemnified Contributor to the extent caused by the acts
 178or omissions of such Commercial Distributor in connection with its
 179distribution of the Program in a commercial product offering. The
 180obligations in this section do not apply to any claims or Losses
 181relating to any actual or alleged intellectual property infringement.
 182In order to qualify, an Indemnified Contributor must: a) promptly
 183notify the Commercial Distributor in writing of such claim, and b)
 184allow the Commercial Distributor to control, and cooperate with the
 185Commercial Distributor in, the defense and any related settlement
 186negotiations. The Indemnified Contributor may participate in any such
 187claim at its own expense.
 188
 189For example, a Distributor might include the Program in a commercial
 190product offering, Product X. That Distributor is then a Commercial
 191Distributor. If that Commercial Distributor then makes performance
 192claims, or offers warranties related to Product X, those performance
 193claims and warranties are such Commercial Distributor's responsibility
 194alone. Under this section, the Commercial Distributor would have to
 195defend claims against the Contributors related to those performance
 196claims and warranties, and if a court requires any Contributor to pay
 197any damages as a result, the Commercial Distributor must pay those
 198damages.
 199
 2005. NO WARRANTY
 201
 202EXCEPT AS EXPRESSLY SET FORTH IN THIS AGREEMENT, THE PROGRAM IS
 203PROVIDED ON AN"AS IS" BASIS, WITHOUT WARRANTIES OR CONDITIONS OF ANY
 204KIND, EITHER EXPRESS OR IMPLIED INCLUDING, WITHOUT LIMITATION, ANY
 205WARRANTIES OR CONDITIONS OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY
 206OR FITNESS FOR A PARTICULAR PURPOSE. Each Recipient is solely
 207responsible for determining the appropriateness of using and
 208distributing the Program and assumes all risks associated with its
 209exercise of rights under this Agreement, including but not limited to
 210the risks and costs of program errors, compliance with applicable
 211laws, damage to or loss of data, programs or equipment, and
 212unavailability or interruption of operations.
 213
 2146. DISCLAIMER OF LIABILITY
 215
 216EXCEPT AS EXPRESSLY SET FORTH IN THIS AGREEMENT, NEITHER RECIPIENT NOR
 217ANY CONTRIBUTORS SHALL HAVE ANY LIABILITY FOR ANY DIRECT, INDIRECT,
 218INCIDENTAL, SPECIAL, EXEMPLARY, OR CONSEQUENTIAL DAMAGES (INCLUDING
 219WITHOUT LIMITATION LOST PROFITS), HOWEVER CAUSED AND ON ANY THEORY OF
 220LIABILITY, WHETHER IN CONTRACT, STRICT LIABILITY, OR TORT (INCLUDING
 221NEGLIGENCE OR OTHERWISE) ARISING IN ANY WAY OUT OF THE USE OR
 222DISTRIBUTION OF THE PROGRAM OR THE EXERCISE OF ANY RIGHTS GRANTED
 223HEREUNDER, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
 224
 2257. EXPORT CONTROL
 226
 227Recipient agrees that Recipient alone is responsible for compliance
 228with the United States export administration regulations (and the
 229export control laws and regulation of any other countries).
 230
 2318. GENERAL
 232
 233If any provision of this Agreement is invalid or unenforceable under
 234applicable law, it shall not affect the validity or enforceability of
 235the remainder of the terms of this Agreement, and without further
 236action by the parties hereto, such provision shall be reformed to the
 237minimum extent necessary to make such provision valid and enforceable.
 238
 239If Recipient institutes patent litigation against a Contributor with
 240respect to a patent applicable to software (including a cross-claim or
 241counterclaim in a lawsuit), then any patent licenses granted by that
 242Contributor to such Recipient under this Agreement shall terminate as
 243of the date such litigation is filed. In addition, if Recipient
 244institutes patent litigation against any entity (including a
 245cross-claim or counterclaim in a lawsuit) alleging that the Program
 246itself (excluding combinations of the Program with other software or
 247hardware) infringes such Recipient's patent(s), then such Recipient's
 248rights granted under Section 2(b) shall terminate as of the date such
 249litigation is filed.
 250
 251All Recipient's rights under this Agreement shall terminate if it
 252fails to comply with any of the material terms or conditions of this
 253Agreement and does not cure such failure in a reasonable period of
 254time after becoming aware of such noncompliance. If all Recipient's
 255rights under this Agreement terminate, Recipient agrees to cease use
 256and distribution of the Program as soon as reasonably practicable.
 257However, Recipient's obligations under this Agreement and any licenses
 258granted by Recipient relating to the Program shall continue and
 259survive.
 260
 261LUCENT may publish new versions (including revisions) of this
 262Agreement from time to time. Each new version of the Agreement will be
 263given a distinguishing version number. The Program (including
 264Contributions) may always be distributed subject to the version of the
 265Agreement under which it was received. In addition, after a new
 266version of the Agreement is published, Contributor may elect to
 267distribute the Program (including its Contributions) under the new
 268version. No one other than LUCENT has the right to modify this
 269Agreement. Except as expressly stated in Sections 2(a) and 2(b) above,
 270Recipient receives no rights or licenses to the intellectual property
 271of any Contributor under this Agreement, whether expressly, by
 272implication, estoppel or otherwise. All rights in the Program not
 273expressly granted under this Agreement are reserved.
 274
 275This Agreement is governed by the laws of the State of New York and
 276the intellectual property laws of the United States of America. No
 277party to this Agreement will bring a legal action under this Agreement
 278more than one year after the cause of action arose. Each party waives
 279its rights to a jury trial in any resulting litigation.
 280