1 Copyright © 2000-2009 Lucent Technologies. All Rights Reserved.
2 Portions Copyright © 2001-2008 Russ Cox
3 Portions Copyright © 2008-2009 Google Inc.
5 ===================================================================
7 The bulk of this software is derived from Plan 9 and is thus distributed
8 under the Lucent Public License, Version 1.02, reproduced below.
10 There are a few exceptions: libutf, libfmt, and libregexp are distributed
11 under simpler BSD-like boilerplates. See the LICENSE files in those
12 directories. There are other exceptions, also marked with LICENSE files
13 in their directories or marked at the top of the file.
15 The bitmap fonts in the font/luc, font/lucm, font/lucsans, and font/pelm
16 directory are copyright B&H Inc. and distributed under more restricted
17 terms under agreement with B&H. See the NOTICE file in those directories.
19 ===================================================================
21 Lucent Public License Version 1.02
23 THE ACCOMPANYING PROGRAM IS PROVIDED UNDER THE TERMS OF THIS PUBLIC
24 LICENSE ("AGREEMENT"). ANY USE, REPRODUCTION OR DISTRIBUTION OF THE
25 PROGRAM CONSTITUTES RECIPIENT'S ACCEPTANCE OF THIS AGREEMENT.
31 a. in the case of Lucent Technologies Inc. ("LUCENT"), the Original
33 b. in the case of each Contributor,
35 i. changes to the Program, and
36 ii. additions to the Program;
38 where such changes and/or additions to the Program were added to the
39 Program by such Contributor itself or anyone acting on such
40 Contributor's behalf, and the Contributor explicitly consents, in
41 accordance with Section 3C, to characterization of the changes and/or
42 additions as Contributions.
44 "Contributor" means LUCENT and any other entity that has Contributed a
45 Contribution to the Program.
47 "Distributor" means a Recipient that distributes the Program,
48 modifications to the Program, or any part thereof.
50 "Licensed Patents" mean patent claims licensable by a Contributor
51 which are necessarily infringed by the use or sale of its Contribution
52 alone or when combined with the Program.
54 "Original Program" means the original version of the software
55 accompanying this Agreement as released by LUCENT, including source
56 code, object code and documentation, if any.
58 "Program" means the Original Program and Contributions or any part
61 "Recipient" means anyone who receives the Program under this
62 Agreement, including all Contributors.
66 a. Subject to the terms of this Agreement, each Contributor hereby
67 grants Recipient a non-exclusive, worldwide, royalty-free copyright
68 license to reproduce, prepare derivative works of, publicly display,
69 publicly perform, distribute and sublicense the Contribution of such
70 Contributor, if any, and such derivative works, in source code and
73 b. Subject to the terms of this Agreement, each Contributor hereby
74 grants Recipient a non-exclusive, worldwide, royalty-free patent
75 license under Licensed Patents to make, use, sell, offer to sell,
76 import and otherwise transfer the Contribution of such Contributor, if
77 any, in source code and object code form. The patent license granted
78 by a Contributor shall also apply to the combination of the
79 Contribution of that Contributor and the Program if, at the time the
80 Contribution is added by the Contributor, such addition of the
81 Contribution causes such combination to be covered by the Licensed
82 Patents. The patent license granted by a Contributor shall not apply
83 to (i) any other combinations which include the Contribution, nor to
84 (ii) Contributions of other Contributors. No hardware per se is
87 c. Recipient understands that although each Contributor grants the
88 licenses to its Contributions set forth herein, no assurances are
89 provided by any Contributor that the Program does not infringe the
90 patent or other intellectual property rights of any other entity. Each
91 Contributor disclaims any liability to Recipient for claims brought by
92 any other entity based on infringement of intellectual property rights
93 or otherwise. As a condition to exercising the rights and licenses
94 granted hereunder, each Recipient hereby assumes sole responsibility
95 to secure any other intellectual property rights needed, if any. For
96 example, if a third party patent license is required to allow
97 Recipient to distribute the Program, it is Recipient's responsibility
98 to acquire that license before distributing the Program.
100 d. Each Contributor represents that to its knowledge it has sufficient
101 copyright rights in its Contribution, if any, to grant the copyright
102 license set forth in this Agreement.
106 A. Distributor may choose to distribute the Program in any form under
107 this Agreement or under its own license agreement, provided that:
109 a. it complies with the terms and conditions of this Agreement;
111 b. if the Program is distributed in source code or other tangible
112 form, a copy of this Agreement or Distributor's own license agreement
113 is included with each copy of the Program; and
115 c. if distributed under Distributor's own license agreement, such
118 i. effectively disclaims on behalf of all Contributors all warranties
119 and conditions, express and implied, including warranties or
120 conditions of title and non-infringement, and implied warranties or
121 conditions of merchantability and fitness for a particular purpose;
122 ii. effectively excludes on behalf of all Contributors all liability
123 for damages, including direct, indirect, special, incidental and
124 consequential damages, such as lost profits; and
125 iii. states that any provisions which differ from this Agreement are
126 offered by that Contributor alone and not by any other party.
128 B. Each Distributor must include the following in a conspicuous
129 location in the Program:
131 Copyright (C) 2003, Lucent Technologies Inc. and others. All Rights
134 C. In addition, each Contributor must identify itself as the
135 originator of its Contribution in a manner that reasonably allows
136 subsequent Recipients to identify the originator of the Contribution.
137 Also, each Contributor must agree that the additions and/or changes
138 are intended to be a Contribution. Once a Contribution is contributed,
139 it may not thereafter be revoked.
141 4. COMMERCIAL DISTRIBUTION
143 Commercial distributors of software may accept certain
144 responsibilities with respect to end users, business partners and the
145 like. While this license is intended to facilitate the commercial use
146 of the Program, the Distributor who includes the Program in a
147 commercial product offering should do so in a manner which does not
148 create potential liability for Contributors. Therefore, if a
149 Distributor includes the Program in a commercial product offering,
150 such Distributor ("Commercial Distributor") hereby agrees to defend
151 and indemnify every Contributor ("Indemnified Contributor") against
152 any losses, damages and costs (collectively"Losses") arising from
153 claims, lawsuits and other legal actions brought by a third party
154 against the Indemnified Contributor to the extent caused by the acts
155 or omissions of such Commercial Distributor in connection with its
156 distribution of the Program in a commercial product offering. The
157 obligations in this section do not apply to any claims or Losses
158 relating to any actual or alleged intellectual property infringement.
159 In order to qualify, an Indemnified Contributor must: a) promptly
160 notify the Commercial Distributor in writing of such claim, and b)
161 allow the Commercial Distributor to control, and cooperate with the
162 Commercial Distributor in, the defense and any related settlement
163 negotiations. The Indemnified Contributor may participate in any such
164 claim at its own expense.
166 For example, a Distributor might include the Program in a commercial
167 product offering, Product X. That Distributor is then a Commercial
168 Distributor. If that Commercial Distributor then makes performance
169 claims, or offers warranties related to Product X, those performance
170 claims and warranties are such Commercial Distributor's responsibility
171 alone. Under this section, the Commercial Distributor would have to
172 defend claims against the Contributors related to those performance
173 claims and warranties, and if a court requires any Contributor to pay
174 any damages as a result, the Commercial Distributor must pay those
179 EXCEPT AS EXPRESSLY SET FORTH IN THIS AGREEMENT, THE PROGRAM IS
180 PROVIDED ON AN"AS IS" BASIS, WITHOUT WARRANTIES OR CONDITIONS OF ANY
181 KIND, EITHER EXPRESS OR IMPLIED INCLUDING, WITHOUT LIMITATION, ANY
182 WARRANTIES OR CONDITIONS OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY
183 OR FITNESS FOR A PARTICULAR PURPOSE. Each Recipient is solely
184 responsible for determining the appropriateness of using and
185 distributing the Program and assumes all risks associated with its
186 exercise of rights under this Agreement, including but not limited to
187 the risks and costs of program errors, compliance with applicable
188 laws, damage to or loss of data, programs or equipment, and
189 unavailability or interruption of operations.
191 6. DISCLAIMER OF LIABILITY
193 EXCEPT AS EXPRESSLY SET FORTH IN THIS AGREEMENT, NEITHER RECIPIENT NOR
194 ANY CONTRIBUTORS SHALL HAVE ANY LIABILITY FOR ANY DIRECT, INDIRECT,
195 INCIDENTAL, SPECIAL, EXEMPLARY, OR CONSEQUENTIAL DAMAGES (INCLUDING
196 WITHOUT LIMITATION LOST PROFITS), HOWEVER CAUSED AND ON ANY THEORY OF
197 LIABILITY, WHETHER IN CONTRACT, STRICT LIABILITY, OR TORT (INCLUDING
198 NEGLIGENCE OR OTHERWISE) ARISING IN ANY WAY OUT OF THE USE OR
199 DISTRIBUTION OF THE PROGRAM OR THE EXERCISE OF ANY RIGHTS GRANTED
200 HEREUNDER, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
204 Recipient agrees that Recipient alone is responsible for compliance
205 with the United States export administration regulations (and the
206 export control laws and regulation of any other countries).
210 If any provision of this Agreement is invalid or unenforceable under
211 applicable law, it shall not affect the validity or enforceability of
212 the remainder of the terms of this Agreement, and without further
213 action by the parties hereto, such provision shall be reformed to the
214 minimum extent necessary to make such provision valid and enforceable.
216 If Recipient institutes patent litigation against a Contributor with
217 respect to a patent applicable to software (including a cross-claim or
218 counterclaim in a lawsuit), then any patent licenses granted by that
219 Contributor to such Recipient under this Agreement shall terminate as
220 of the date such litigation is filed. In addition, if Recipient
221 institutes patent litigation against any entity (including a
222 cross-claim or counterclaim in a lawsuit) alleging that the Program
223 itself (excluding combinations of the Program with other software or
224 hardware) infringes such Recipient's patent(s), then such Recipient's
225 rights granted under Section 2(b) shall terminate as of the date such
228 All Recipient's rights under this Agreement shall terminate if it
229 fails to comply with any of the material terms or conditions of this
230 Agreement and does not cure such failure in a reasonable period of
231 time after becoming aware of such noncompliance. If all Recipient's
232 rights under this Agreement terminate, Recipient agrees to cease use
233 and distribution of the Program as soon as reasonably practicable.
234 However, Recipient's obligations under this Agreement and any licenses
235 granted by Recipient relating to the Program shall continue and
238 LUCENT may publish new versions (including revisions) of this
239 Agreement from time to time. Each new version of the Agreement will be
240 given a distinguishing version number. The Program (including
241 Contributions) may always be distributed subject to the version of the
242 Agreement under which it was received. In addition, after a new
243 version of the Agreement is published, Contributor may elect to
244 distribute the Program (including its Contributions) under the new
245 version. No one other than LUCENT has the right to modify this
246 Agreement. Except as expressly stated in Sections 2(a) and 2(b) above,
247 Recipient receives no rights or licenses to the intellectual property
248 of any Contributor under this Agreement, whether expressly, by
249 implication, estoppel or otherwise. All rights in the Program not
250 expressly granted under this Agreement are reserved.
252 This Agreement is governed by the laws of the State of New York and
253 the intellectual property laws of the United States of America. No
254 party to this Agreement will bring a legal action under this Agreement
255 more than one year after the cause of action arose. Each party waives
256 its rights to a jury trial in any resulting litigation.
