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