diff options
Diffstat (limited to 'meta/files/common-licenses/LPL-1')
-rw-r--r-- | meta/files/common-licenses/LPL-1 | 213 |
1 files changed, 213 insertions, 0 deletions
diff --git a/meta/files/common-licenses/LPL-1 b/meta/files/common-licenses/LPL-1 new file mode 100644 index 0000000000..9899f5ee37 --- /dev/null +++ b/meta/files/common-licenses/LPL-1 @@ -0,0 +1,213 @@ + +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: + +in the case of Lucent Technologies Inc. ("LUCENT"), the Original +Program, and +in the case of each Contributor, +changes to the Program, and +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 + +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. +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. +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. +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: + +it complies with the terms and conditions of this Agreement; +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 +if distributed under Distributor's own license agreement, such license +agreement: +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; +effectively excludes on behalf of all Contributors all liability for damages, +including direct, indirect, special, incidental and consequential damages, such +as lost profits; and +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. + + + + + + |