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Lucent Public License Version 1.02
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THE ACCOMPANYING PROGRAM IS PROVIDED UNDER THE TERMS OF THIS PUBLIC LICENSE
("AGREEMENT"). ANY USE, REPRODUCTION OR DISTRIBUTION OF THE PROGRAM CONSTITUTES
RECIPIENT'S ACCEPTANCE OF THIS AGREEMENT.
1. DEFINITIONS
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"Contribution" means:
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a. in the case of Lucent Technologies Inc. ("LUCENT"), the Original Program,
and
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 were added to the Program
by such Contributor itself or anyone acting on such Contributor's behalf,
and the Contributor explicitly consents, in accordance with Section 3C, to
characterization of the changes and/or additions as Contributions.
"Contributor" means LUCENT and any other entity that has Contributed a Contribution
to the Program.
"Distributor" means a Recipient that distributes the Program, modifications
to the Program, or any part thereof.
"Licensed Patents" mean patent claims licensable by a Contributor which are
necessarily infringed by the use or sale of its Contribution alone or when
combined with the Program.
"Original Program" means the original version of the software accompanying
this Agreement as released by LUCENT, including source code, object code and
documentation, if any.
"Program" means the Original Program and Contributions or any part thereof
"Recipient" means anyone who receives the Program under this Agreement, including
all Contributors.
2. GRANT OF RIGHTS
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a. Subject to the terms of this Agreement, each Contributor hereby grants
Recipient a non-exclusive, worldwide, royalty-free copyright license to reproduce,
prepare derivative works of, publicly display, publicly perform, distribute
and sublicense the Contribution of such Contributor, if any, and such derivative
works, in source code and object code form.
b. Subject to the terms of this Agreement, each Contributor hereby grants
Recipient a non-exclusive, worldwide, royalty-free patent license under Licensed
Patents to make, use, sell, offer to sell, import and otherwise transfer the
Contribution of such Contributor, if any, in source code and object code form.
The patent license granted by a Contributor shall also apply to the combination
of the Contribution of that Contributor and the Program if, at the time the
Contribution is added by the Contributor, such addition of the Contribution
causes such combination to be covered by the Licensed Patents. The patent
license granted by a Contributor shall not apply to (i) any other combinations
which include the Contribution, nor to (ii) Contributions of other Contributors.
No hardware per se is licensed hereunder.
c. Recipient understands that although each Contributor grants the licenses
to its Contributions set forth herein, no assurances are provided by any Contributor
that the Program does not infringe the patent or other intellectual property
rights of any other entity. Each Contributor disclaims any liability to Recipient
for claims brought by any other entity based on infringement of intellectual
property rights or otherwise. As a condition to exercising the rights and
licenses granted hereunder, each Recipient hereby assumes sole responsibility
to secure any other intellectual property rights needed, if any. For example,
if a third party patent license is required to allow Recipient to distribute
the Program, it is Recipient's responsibility to acquire that license before
distributing the Program.
d. Each Contributor represents that to its knowledge it has sufficient copyright
rights in its Contribution, if any, to grant the copyright license set forth
in this Agreement.
3. REQUIREMENTS
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A. Distributor may choose to distribute the Program in any form under this
Agreement or under its own license agreement, provided that:
1. it complies with the terms and conditions of this Agreement;
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2. if the Program is distributed in source code or other tangible form, a
copy of this Agreement or Distributor's own license agreement is included
with each copy of the Program; and
3. if distributed under Distributor's own license agreement, such license
agreement:
a. effectively disclaims on behalf of all Contributors all warranties and
conditions, express and implied, including warranties or conditions of title
and non-infringement, and implied warranties or conditions of merchantability
and fitness for a particular purpose;
b. effectively excludes on behalf of all Contributors all liability for damages,
including direct, indirect, special, incidental and consequential damages,
such as lost profits; and
c. states that any provisions which differ from this Agreement are offered
by that Contributor alone and not by any other party.
B. Each Distributor must include the following in a conspicuous location in
the Program:
Copyright (C) 2003, Lucent Technologies Inc. and others. All Rights Reserved.
C. In addition, each Contributor must identify itself as the originator of
its Contribution in a manner that reasonably allows subsequent Recipients
to identify the originator of the Contribution. Also, each Contributor must
agree that the additions and/or changes are intended to be a Contribution.
Once a Contribution is contributed, it may not thereafter be revoked.
4. COMMERCIAL DISTRIBUTION
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Commercial distributors of software may accept certain responsibilities with
respect to end users, business partners and the like. While this license is
intended to facilitate the commercial use of the Program, the Distributor
who includes the Program in a commercial product offering should do so in
a manner which does not create potential liability for Contributors. Therefore,
if a Distributor includes the Program in a commercial product offering, such
Distributor ("Commercial Distributor") hereby agrees to defend and indemnify
every Contributor ("Indemnified Contributor") against any losses, damages
and costs (collectively "Losses") arising from claims, lawsuits and other
legal actions brought by a third party against the Indemnified Contributor
to the extent caused by the acts or omissions of such Commercial Distributor
in connection with its distribution of the Program in a commercial product
offering. The obligations in this section do not apply to any claims or Losses
relating to any actual or alleged intellectual property infringement. In order
to qualify, an Indemnified Contributor must: a) promptly notify the Commercial
Distributor in writing of such claim, and b) allow the Commercial Distributor
to control, and cooperate with the Commercial Distributor in, the defense
and any related settlement negotiations. The Indemnified Contributor may participate
in any such claim at its own expense.
For example, a Distributor might include the Program in a commercial product
offering, Product X. That Distributor is then a Commercial Distributor. If
that Commercial Distributor then makes performance claims, or offers warranties
related to Product X, those performance claims and warranties are such Commercial
Distributor's responsibility alone. Under this section, the Commercial Distributor
would have to defend claims against the Contributors related to those performance
claims and warranties, and if a court requires any Contributor to pay any
damages as a result, the Commercial Distributor must pay those damages.
5. NO WARRANTY
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EXCEPT AS EXPRESSLY SET FORTH IN THIS AGREEMENT, THE PROGRAM IS PROVIDED ON
AN "AS IS" BASIS, WITHOUT WARRANTIES OR CONDITIONS OF ANY KIND, EITHER EXPRESS
OR IMPLIED INCLUDING, WITHOUT LIMITATION, ANY WARRANTIES OR CONDITIONS OF
TITLE, NON-INFRINGEMENT, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE.
Each Recipient is solely responsible for determining the appropriateness of
using and distributing the Program and assumes all risks associated with its
exercise of rights under this Agreement, including but not limited to the
risks and costs of program errors, compliance with applicable laws, damage
to or loss of data, programs or equipment, and unavailability or interruption
of operations.
6. DISCLAIMER OF LIABILITY
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EXCEPT AS EXPRESSLY SET FORTH IN THIS AGREEMENT, NEITHER RECIPIENT NOR ANY
CONTRIBUTORS SHALL HAVE ANY LIABILITY FOR ANY DIRECT, INDIRECT, INCIDENTAL,
SPECIAL, EXEMPLARY, OR CONSEQUENTIAL DAMAGES (INCLUDING WITHOUT LIMITATION
LOST PROFITS), HOWEVER CAUSED AND ON ANY THEORY OF LIABILITY, WHETHER IN CONTRACT,
STRICT LIABILITY, OR TORT (INCLUDING NEGLIGENCE OR OTHERWISE) ARISING IN ANY
WAY OUT OF THE USE OR DISTRIBUTION OF THE PROGRAM OR THE EXERCISE OF ANY RIGHTS
GRANTED HEREUNDER, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
7. EXPORT CONTROL
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Recipient agrees that Recipient alone is responsible for compliance with the
United States export administration regulations (and the export control laws
and regulation of any other countries).
8. GENERAL
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If any provision of this Agreement is invalid or unenforceable under applicable
law, it shall not affect the validity or enforceability of the remainder of
the terms of this Agreement, and without further action by the parties hereto,
such provision shall be reformed to the minimum extent necessary to make such
provision valid and enforceable.
If Recipient institutes patent litigation against a Contributor with respect
to a patent applicable to software (including a cross-claim or counterclaim
in a lawsuit), then any patent licenses granted by that Contributor to such
Recipient under this Agreement shall terminate as of the date such litigation
is filed. In addition, if Recipient institutes patent litigation against any
entity (including a cross-claim or counterclaim in a lawsuit) alleging that
the Program itself (excluding combinations of the Program with other software
or hardware) infringes such Recipient's patent(s), then such Recipient's rights
granted under Section 2(b) shall terminate as of the date such litigation
is filed.
All Recipient's rights under this Agreement shall terminate if it fails to
comply with any of the material terms or conditions of this Agreement and
does not cure such failure in a reasonable period of time after becoming aware
of such noncompliance. If all Recipient's rights under this Agreement terminate,
Recipient agrees to cease use and distribution of the Program as soon as reasonably
practicable. However, Recipient's obligations under this Agreement and any
licenses granted by Recipient relating to the Program shall continue and survive.
LUCENT may publish new versions (including revisions) of this Agreement from
time to time. Each new version of the Agreement will be given a distinguishing
version number. The Program (including Contributions) may always be distributed
subject to the version of the Agreement under which it was received. In addition,
after a new version of the Agreement is published, Contributor may elect to
distribute the Program (including its Contributions) under the new version.
No one other than LUCENT has the right to modify this Agreement. Except as
expressly stated in Sections 2(a) and 2(b) above, Recipient receives no rights
or licenses to the intellectual property of any Contributor under this Agreement,
whether expressly, by implication, estoppel or otherwise. All rights in the
Program not expressly granted under this Agreement are reserved.
This Agreement is governed by the laws of the State of New York and the intellectual
property laws of the United States of America. No party to this Agreement
will bring a legal action under this Agreement more than one year after the
cause of action arose. Each party waives its rights to a jury trial in any
resulting litigation.