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