xref: /plan9/LICENSE.old (revision 14f51593fd82e19ba95969a8c07ff71131015979)
1The Plan 9 software is provided under the terms of the
2Lucent Public License, Version 1.02, reproduced below,
3with the following notable exceptions:
4
51. No right is granted to create derivative works of or
6   to redistribute (other than with the Plan 9 Operating System)
7   the screen imprinter fonts identified in subdirectory
8   /lib/font/bit/lucida and printer fonts (Lucida Sans Unicode, Lucida
9   Sans Italic, Lucida Sans Demibold, Lucida Typewriter, Lucida Sans
10   Typewriter83), identified in subdirectory /sys/lib/postscript/font.
11   These directories contain material copyrights by B&H Inc. and Y&Y Inc.
12
132. The printer fonts identified in subdirectory /sys/lib/ghostscript/font
14   are subject to the GNU GPL, reproduced in the file /LICENSE.gpl.
15
163. The ghostscript program in the subdirectory /sys/src/cmd/gs is
17   covered by the Aladdin Free Public License, reproduced in the file
18   /LICENSE.afpl.
19
20Other, less notable exceptions are marked in the file tree with
21COPYING, COPYRIGHT, or LICENSE files.
22
23===================================================================
24
25Lucent Public License Version 1.02
26
27THE ACCOMPANYING PROGRAM IS PROVIDED UNDER THE TERMS OF THIS PUBLIC
28LICENSE ("AGREEMENT"). ANY USE, REPRODUCTION OR DISTRIBUTION OF THE
29PROGRAM CONSTITUTES RECIPIENT'S ACCEPTANCE OF THIS AGREEMENT.
30
311. DEFINITIONS
32
33"Contribution" means:
34
35  a. in the case of Lucent Technologies Inc. ("LUCENT"), the Original
36     Program, and
37  b. in the case of each Contributor,
38
39     i. changes to the Program, and
40    ii. additions to the Program;
41
42    where such changes and/or additions to the Program were added to the
43    Program by such Contributor itself or anyone acting on such
44    Contributor's behalf, and the Contributor explicitly consents, in
45    accordance with Section 3C, to characterization of the changes and/or
46    additions as Contributions.
47
48"Contributor" means LUCENT and any other entity that has Contributed a
49Contribution to the Program.
50
51"Distributor" means a Recipient that distributes the Program,
52modifications to the Program, or any part thereof.
53
54"Licensed Patents" mean patent claims licensable by a Contributor
55which are necessarily infringed by the use or sale of its Contribution
56alone or when combined with the Program.
57
58"Original Program" means the original version of the software
59accompanying this Agreement as released by LUCENT, including source
60code, object code and documentation, if any.
61
62"Program" means the Original Program and Contributions or any part
63thereof
64
65"Recipient" means anyone who receives the Program under this
66Agreement, including all Contributors.
67
682. GRANT OF RIGHTS
69
70 a. Subject to the terms of this Agreement, each Contributor hereby
71    grants Recipient a non-exclusive, worldwide, royalty-free copyright
72    license to reproduce, prepare derivative works of, publicly display,
73    publicly perform, distribute and sublicense the Contribution of such
74    Contributor, if any, and such derivative works, in source code and
75    object code form.
76
77 b. Subject to the terms of this Agreement, each Contributor hereby
78    grants Recipient a non-exclusive, worldwide, royalty-free patent
79    license under Licensed Patents to make, use, sell, offer to sell,
80    import and otherwise transfer the Contribution of such Contributor, if
81    any, in source code and object code form. The patent license granted
82    by a Contributor shall also apply to the combination of the
83    Contribution of that Contributor and the Program if, at the time the
84    Contribution is added by the Contributor, such addition of the
85    Contribution causes such combination to be covered by the Licensed
86    Patents. The patent license granted by a Contributor shall not apply
87    to (i) any other combinations which include the Contribution, nor to
88    (ii) Contributions of other Contributors. No hardware per se is
89    licensed hereunder.
90
91 c. Recipient understands that although each Contributor grants the
92    licenses to its Contributions set forth herein, no assurances are
93    provided by any Contributor that the Program does not infringe the
94    patent or other intellectual property rights of any other entity. Each
95    Contributor disclaims any liability to Recipient for claims brought by
96    any other entity based on infringement of intellectual property rights
97    or otherwise. As a condition to exercising the rights and licenses
98    granted hereunder, each Recipient hereby assumes sole responsibility
99    to secure any other intellectual property rights needed, if any. For
100    example, if a third party patent license is required to allow
101    Recipient to distribute the Program, it is Recipient's responsibility
102    to acquire that license before distributing the Program.
103
104 d. Each Contributor represents that to its knowledge it has sufficient
105    copyright rights in its Contribution, if any, to grant the copyright
106    license set forth in this Agreement.
107
1083. REQUIREMENTS
109
110A. Distributor may choose to distribute the Program in any form under
111this Agreement or under its own license agreement, provided that:
112
113 a. it complies with the terms and conditions of this Agreement;
114
115 b. if the Program is distributed in source code or other tangible
116    form, a copy of this Agreement or Distributor's own license agreement
117    is included with each copy of the Program; and
118
119 c. if distributed under Distributor's own license agreement, such
120    license agreement:
121
122      i. effectively disclaims on behalf of all Contributors all warranties
123         and conditions, express and implied, including warranties or
124         conditions of title and non-infringement, and implied warranties or
125         conditions of merchantability and fitness for a particular purpose;
126     ii. effectively excludes on behalf of all Contributors all liability
127         for damages, including direct, indirect, special, incidental and
128         consequential damages, such as lost profits; and
129    iii. states that any provisions which differ from this Agreement are
130         offered by that Contributor alone and not by any other party.
131
132B. Each Distributor must include the following in a conspicuous
133   location in the Program:
134
135   Copyright (C) 2003, Lucent Technologies Inc. and others. All Rights
136   Reserved.
137
138C. In addition, each Contributor must identify itself as the
139originator of its Contribution in a manner that reasonably allows
140subsequent Recipients to identify the originator of the Contribution.
141Also, each Contributor must agree that the additions and/or changes
142are intended to be a Contribution. Once a Contribution is contributed,
143it may not thereafter be revoked.
144
1454. COMMERCIAL DISTRIBUTION
146
147Commercial distributors of software may accept certain
148responsibilities with respect to end users, business partners and the
149like. While this license is intended to facilitate the commercial use
150of the Program, the Distributor who includes the Program in a
151commercial product offering should do so in a manner which does not
152create potential liability for Contributors. Therefore, if a
153Distributor includes the Program in a commercial product offering,
154such Distributor ("Commercial Distributor") hereby agrees to defend
155and indemnify every Contributor ("Indemnified Contributor") against
156any losses, damages and costs (collectively"Losses") arising from
157claims, lawsuits and other legal actions brought by a third party
158against the Indemnified Contributor to the extent caused by the acts
159or omissions of such Commercial Distributor in connection with its
160distribution of the Program in a commercial product offering. The
161obligations in this section do not apply to any claims or Losses
162relating to any actual or alleged intellectual property infringement.
163In order to qualify, an Indemnified Contributor must: a) promptly
164notify the Commercial Distributor in writing of such claim, and b)
165allow the Commercial Distributor to control, and cooperate with the
166Commercial Distributor in, the defense and any related settlement
167negotiations. The Indemnified Contributor may participate in any such
168claim at its own expense.
169
170For example, a Distributor might include the Program in a commercial
171product offering, Product X. That Distributor is then a Commercial
172Distributor. If that Commercial Distributor then makes performance
173claims, or offers warranties related to Product X, those performance
174claims and warranties are such Commercial Distributor's responsibility
175alone. Under this section, the Commercial Distributor would have to
176defend claims against the Contributors related to those performance
177claims and warranties, and if a court requires any Contributor to pay
178any damages as a result, the Commercial Distributor must pay those
179damages.
180
1815. NO WARRANTY
182
183EXCEPT AS EXPRESSLY SET FORTH IN THIS AGREEMENT, THE PROGRAM IS
184PROVIDED ON AN"AS IS" BASIS, WITHOUT WARRANTIES OR CONDITIONS OF ANY
185KIND, EITHER EXPRESS OR IMPLIED INCLUDING, WITHOUT LIMITATION, ANY
186WARRANTIES OR CONDITIONS OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY
187OR FITNESS FOR A PARTICULAR PURPOSE. Each Recipient is solely
188responsible for determining the appropriateness of using and
189distributing the Program and assumes all risks associated with its
190exercise of rights under this Agreement, including but not limited to
191the risks and costs of program errors, compliance with applicable
192laws, damage to or loss of data, programs or equipment, and
193unavailability or interruption of operations.
194
1956. DISCLAIMER OF LIABILITY
196
197EXCEPT AS EXPRESSLY SET FORTH IN THIS AGREEMENT, NEITHER RECIPIENT NOR
198ANY CONTRIBUTORS SHALL HAVE ANY LIABILITY FOR ANY DIRECT, INDIRECT,
199INCIDENTAL, SPECIAL, EXEMPLARY, OR CONSEQUENTIAL DAMAGES (INCLUDING
200WITHOUT LIMITATION LOST PROFITS), HOWEVER CAUSED AND ON ANY THEORY OF
201LIABILITY, WHETHER IN CONTRACT, STRICT LIABILITY, OR TORT (INCLUDING
202NEGLIGENCE OR OTHERWISE) ARISING IN ANY WAY OUT OF THE USE OR
203DISTRIBUTION OF THE PROGRAM OR THE EXERCISE OF ANY RIGHTS GRANTED
204HEREUNDER, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
205
2067. EXPORT CONTROL
207
208Recipient agrees that Recipient alone is responsible for compliance
209with the United States export administration regulations (and the
210export control laws and regulation of any other countries).
211
2128. GENERAL
213
214If any provision of this Agreement is invalid or unenforceable under
215applicable law, it shall not affect the validity or enforceability of
216the remainder of the terms of this Agreement, and without further
217action by the parties hereto, such provision shall be reformed to the
218minimum extent necessary to make such provision valid and enforceable.
219
220If Recipient institutes patent litigation against a Contributor with
221respect to a patent applicable to software (including a cross-claim or
222counterclaim in a lawsuit), then any patent licenses granted by that
223Contributor to such Recipient under this Agreement shall terminate as
224of the date such litigation is filed. In addition, if Recipient
225institutes patent litigation against any entity (including a
226cross-claim or counterclaim in a lawsuit) alleging that the Program
227itself (excluding combinations of the Program with other software or
228hardware) infringes such Recipient's patent(s), then such Recipient's
229rights granted under Section 2(b) shall terminate as of the date such
230litigation is filed.
231
232All Recipient's rights under this Agreement shall terminate if it
233fails to comply with any of the material terms or conditions of this
234Agreement and does not cure such failure in a reasonable period of
235time after becoming aware of such noncompliance. If all Recipient's
236rights under this Agreement terminate, Recipient agrees to cease use
237and distribution of the Program as soon as reasonably practicable.
238However, Recipient's obligations under this Agreement and any licenses
239granted by Recipient relating to the Program shall continue and
240survive.
241
242LUCENT may publish new versions (including revisions) of this
243Agreement from time to time. Each new version of the Agreement will be
244given a distinguishing version number. The Program (including
245Contributions) may always be distributed subject to the version of the
246Agreement under which it was received. In addition, after a new
247version of the Agreement is published, Contributor may elect to
248distribute the Program (including its Contributions) under the new
249version. No one other than LUCENT has the right to modify this
250Agreement. Except as expressly stated in Sections 2(a) and 2(b) above,
251Recipient receives no rights or licenses to the intellectual property
252of any Contributor under this Agreement, whether expressly, by
253implication, estoppel or otherwise. All rights in the Program not
254expressly granted under this Agreement are reserved.
255
256This Agreement is governed by the laws of the State of New York and
257the intellectual property laws of the United States of America. No
258party to this Agreement will bring a legal action under this Agreement
259more than one year after the cause of action arose. Each party waives
260its rights to a jury trial in any resulting litigation.
261
262