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