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Lucent Public License 1.0
Lucent Public License 1.0
Lucent Public License Version 1.0
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. in the case of <ORGANIZATION> ("<OWNER>"), the Original Program, and
2. in the case of each Contributor,
1. changes to the Program, and
2. additions to the Program; where such changes and/or additions to the
Program originate from and are "Contributed" by that particular
A Contribution is "Contributed" by a Contributor only (i) if it was added
to the Program by such Contributor itself or anyone acting on such
Contributor's behalf, and (ii) the Contributor explicitly consents, in
accordance with Section 3C, to characterization of the changes and/or
additions as Contributions. Contributions do not include additions to the
Program which: (i) are separate modules of software distributed in
conjunction with the Program under their own license agreement, and (ii)
are not derivative works of the Program.
"Contributor" means <OWNER> 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 <OWNER>, 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
1. 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.
2. 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
3. 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.
4. 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.
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;
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
1. 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;
2. effectively excludes on behalf of all Contributors all liability for
damages, including direct, indirect, special, incidental and
consequential damages, such as lost profits; and
3. 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
Copyright (C) <YEAR>, <ORGANIZATION> and others. All Rights Reserved.
C. In addition, each Contributor must identify itself as the originator of its
Contribution, if any, and indicate its consent to characterization of its
additions and/or changes as a Contribution, in a manner that reasonably allows
subsequent Recipients to identify the originator of the Contribution. Once
consent is granted, 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
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.
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
<OWNER> 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 <OWNER> 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 <STATE> 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.