key: lucent-pl-1.02 short_name: Lucent Public License 1.02 name: Lucent Public License 1.02 category: Copyleft Limited owner: Alcatel-Lucent homepage_url: http://plan9.bell-labs.com/plan9/license.html notes: Per SPDX.org, this license is OSI certified. spdx_license_key: LPL-1.02 osi_license_key: LPL-1.02 text_urls: - http://plan9.bell-labs.com/plan9/license.html other_urls: - http://www.opensource.org/licenses/LPL-1.02 - https://opensource.org/licenses/LPL-1.02 ignorable_copyrights: - Copyright (c) YEAR, ORGANIZATION and others ignorable_holders: - YEAR, ORGANIZATION and others text: "Lucent Public License Version 1.02\n\nTHE 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.\n\n1. DEFINITIONS\n\n\"Contribution\"\ \ means:\n\n 1. in the case of ORGANIZATION (\"OWNER\"), the Original Program, and\n 2.\ \ in the case of each Contributor,\n 1. changes to the Program, and\n 2. additions\ \ to the Program; \n 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. \n\n\"Contributor\" means OWNER and any\ \ other entity that has Contributed a Contribution to the Program.\n\n\"Distributor\" means\ \ a Recipient that distributes the Program, modifications to the Program, or any part thereof.\n\ \n\"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.\n\ \n\"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.\n\n\"\ Program\" means the Original Program and Contributions or any part thereof\n\n\"Recipient\"\ \ means anyone who receives the Program under this Agreement, including all Contributors.\n\ \n2. GRANT OF RIGHTS\n\n 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.\n 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.\n 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.\n 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. \n\n3. REQUIREMENTS\n\nA. Distributor may choose to distribute the Program\ \ in any form under this Agreement or under its own license agreement, provided that:\n\n\ \ 1. it complies with the terms and conditions of this Agreement;\n 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\n 3. if distributed\ \ under Distributor's own license agreement, such license agreement:\n 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;\n 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\n 3. states\ \ that any provisions which differ from this Agreement are offered by that Contributor alone\ \ and not by any other party. \n\nB. Each Distributor must include the following in a conspicuous\ \ location in the Program:\n\n Copyright (C) YEAR, ORGANIZATION and others. All Rights\ \ Reserved. \n\nC. 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.\n\n4. COMMERCIAL DISTRIBUTION\n\nCommercial 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.\n\nFor 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.\n\n5. NO WARRANTY\n\nEXCEPT 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.\n\n6. DISCLAIMER OF LIABILITY\n\nEXCEPT 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.\n\n7. EXPORT CONTROL\n\nRecipient 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).\n\n8. GENERAL\n\nIf 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.\n\nIf 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.\n\nAll 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.\n\nLUCENT 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.\n\nThis 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."