Subversion Repositories planix.SVN

Copyright (c) 2005 Lucent Technologies

Portions Copyright (c) 2005 Russ Cox, MIT

The Plan 9 software is provided under the terms of the

Lucent Public License, Version 1.02, reproduced below.

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Lucent Public License Version 1.02

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

"Contribution" means:

  a. in the case of Lucent Technologies Inc. ("LUCENT"), the Original

     Program, and

  b. in the case of each Contributor,

     i. changes to the Program, and

    ii. additions to the Program;

    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

 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

A. Distributor may choose to distribute the Program in any form under

this Agreement or under its own license agreement, provided that:

 a. it complies with the terms and conditions of this Agreement;

 b. 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

 c. if distributed under Distributor's own license agreement, such

    license agreement:

      i. 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;

     ii. effectively excludes on behalf of all Contributors all liability

         for damages, including direct, indirect, special, incidental and

         consequential damages, such as lost profits; and

    iii. 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

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

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

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

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

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.