LICENSE (14253B)
1 The rare bits touched by Anselm R. Garbe are under following LICENSE: 2 3 MIT/X Consortium License 4 5 © 2005-2012 Anselm R Garbe <anselm@garbe.us> 6 7 Permission is hereby granted, free of charge, to any person obtaining a 8 copy of this software and associated documentation files (the "Software"), 9 to deal in the Software without restriction, including without limitation 10 the rights to use, copy, modify, merge, publish, distribute, sublicense, 11 and/or sell copies of the Software, and to permit persons to whom the 12 Software is furnished to do so, subject to the following conditions: 13 14 The above copyright notice and this permission notice shall be included in 15 all copies or substantial portions of the Software. 16 17 THE SOFTWARE IS PROVIDED "AS IS", WITHOUT WARRANTY OF ANY KIND, EXPRESS OR 18 IMPLIED, INCLUDING BUT NOT LIMITED TO THE WARRANTIES OF MERCHANTABILITY, 19 FITNESS FOR A PARTICULAR PURPOSE AND NONINFRINGEMENT. IN NO EVENT SHALL 20 THE AUTHORS OR COPYRIGHT HOLDERS BE LIABLE FOR ANY CLAIM, DAMAGES OR OTHER 21 LIABILITY, WHETHER IN AN ACTION OF CONTRACT, TORT OR OTHERWISE, ARISING 22 FROM, OUT OF OR IN CONNECTION WITH THE SOFTWARE OR THE USE OR OTHER 23 DEALINGS IN THE SOFTWARE. 24 25 =================================================================== 26 27 The Plan 9 software is provided under the terms of the 28 Lucent Public License, Version 1.02, reproduced below, 29 with the following notable exceptions: 30 31 1. No right is granted to create derivative works of or 32 to redistribute (other than with the Plan 9 Operating System) 33 the screen imprinter fonts identified in subdirectory 34 /lib/font/bit/lucida and printer fonts (Lucida Sans Unicode, Lucida 35 Sans Italic, Lucida Sans Demibold, Lucida Typewriter, Lucida Sans 36 Typewriter83), identified in subdirectory /sys/lib/postscript/font. 37 These directories contain material copyrights by B&H Inc. and Y&Y Inc. 38 39 2. The printer fonts identified in subdirectory /sys/lib/ghostscript/font 40 are subject to the GNU GPL, reproduced in the file /LICENSE.gpl. 41 42 3. The ghostscript program in the subdirectory /sys/src/cmd/gs is 43 covered by the Aladdin Free Public License, reproduced in the file 44 /LICENSE.afpl. 45 46 Other, less notable exceptions are marked in the file tree with 47 COPYING, COPYRIGHT, or LICENSE files. 48 49 =================================================================== 50 51 Lucent Public License Version 1.02 52 53 THE ACCOMPANYING PROGRAM IS PROVIDED UNDER THE TERMS OF THIS PUBLIC 54 LICENSE ("AGREEMENT"). ANY USE, REPRODUCTION OR DISTRIBUTION OF THE 55 PROGRAM CONSTITUTES RECIPIENT'S ACCEPTANCE OF THIS AGREEMENT. 56 57 1. DEFINITIONS 58 59 "Contribution" means: 60 61 a. in the case of Lucent Technologies Inc. ("LUCENT"), the Original 62 Program, and 63 b. in the case of each Contributor, 64 65 i. changes to the Program, and 66 ii. additions to the Program; 67 68 where such changes and/or additions to the Program were added to the 69 Program by such Contributor itself or anyone acting on such 70 Contributor's behalf, and the Contributor explicitly consents, in 71 accordance with Section 3C, to characterization of the changes and/or 72 additions as Contributions. 73 74 "Contributor" means LUCENT and any other entity that has Contributed a 75 Contribution to the Program. 76 77 "Distributor" means a Recipient that distributes the Program, 78 modifications to the Program, or any part thereof. 79 80 "Licensed Patents" mean patent claims licensable by a Contributor 81 which are necessarily infringed by the use or sale of its Contribution 82 alone or when combined with the Program. 83 84 "Original Program" means the original version of the software 85 accompanying this Agreement as released by LUCENT, including source 86 code, object code and documentation, if any. 87 88 "Program" means the Original Program and Contributions or any part 89 thereof 90 91 "Recipient" means anyone who receives the Program under this 92 Agreement, including all Contributors. 93 94 2. GRANT OF RIGHTS 95 96 a. Subject to the terms of this Agreement, each Contributor hereby 97 grants Recipient a non-exclusive, worldwide, royalty-free copyright 98 license to reproduce, prepare derivative works of, publicly display, 99 publicly perform, distribute and sublicense the Contribution of such 100 Contributor, if any, and such derivative works, in source code and 101 object code form. 102 103 b. Subject to the terms of this Agreement, each Contributor hereby 104 grants Recipient a non-exclusive, worldwide, royalty-free patent 105 license under Licensed Patents to make, use, sell, offer to sell, 106 import and otherwise transfer the Contribution of such Contributor, if 107 any, in source code and object code form. The patent license granted 108 by a Contributor shall also apply to the combination of the 109 Contribution of that Contributor and the Program if, at the time the 110 Contribution is added by the Contributor, such addition of the 111 Contribution causes such combination to be covered by the Licensed 112 Patents. The patent license granted by a Contributor shall not apply 113 to (i) any other combinations which include the Contribution, nor to 114 (ii) Contributions of other Contributors. No hardware per se is 115 licensed hereunder. 116 117 c. Recipient understands that although each Contributor grants the 118 licenses to its Contributions set forth herein, no assurances are 119 provided by any Contributor that the Program does not infringe the 120 patent or other intellectual property rights of any other entity. Each 121 Contributor disclaims any liability to Recipient for claims brought by 122 any other entity based on infringement of intellectual property rights 123 or otherwise. As a condition to exercising the rights and licenses 124 granted hereunder, each Recipient hereby assumes sole responsibility 125 to secure any other intellectual property rights needed, if any. For 126 example, if a third party patent license is required to allow 127 Recipient to distribute the Program, it is Recipient's responsibility 128 to acquire that license before distributing the Program. 129 130 d. Each Contributor represents that to its knowledge it has sufficient 131 copyright rights in its Contribution, if any, to grant the copyright 132 license set forth in this Agreement. 133 134 3. REQUIREMENTS 135 136 A. Distributor may choose to distribute the Program in any form under 137 this Agreement or under its own license agreement, provided that: 138 139 a. it complies with the terms and conditions of this Agreement; 140 141 b. if the Program is distributed in source code or other tangible 142 form, a copy of this Agreement or Distributor's own license agreement 143 is included with each copy of the Program; and 144 145 c. if distributed under Distributor's own license agreement, such 146 license agreement: 147 148 i. effectively disclaims on behalf of all Contributors all warranties 149 and conditions, express and implied, including warranties or 150 conditions of title and non-infringement, and implied warranties or 151 conditions of merchantability and fitness for a particular purpose; 152 ii. effectively excludes on behalf of all Contributors all liability 153 for damages, including direct, indirect, special, incidental and 154 consequential damages, such as lost profits; and 155 iii. states that any provisions which differ from this Agreement are 156 offered by that Contributor alone and not by any other party. 157 158 B. Each Distributor must include the following in a conspicuous 159 location in the Program: 160 161 Copyright (C) 2003, Lucent Technologies Inc. and others. All Rights 162 Reserved. 163 164 C. In addition, each Contributor must identify itself as the 165 originator of its Contribution in a manner that reasonably allows 166 subsequent Recipients to identify the originator of the Contribution. 167 Also, each Contributor must agree that the additions and/or changes 168 are intended to be a Contribution. Once a Contribution is contributed, 169 it may not thereafter be revoked. 170 171 4. COMMERCIAL DISTRIBUTION 172 173 Commercial distributors of software may accept certain 174 responsibilities with respect to end users, business partners and the 175 like. While this license is intended to facilitate the commercial use 176 of the Program, the Distributor who includes the Program in a 177 commercial product offering should do so in a manner which does not 178 create potential liability for Contributors. Therefore, if a 179 Distributor includes the Program in a commercial product offering, 180 such Distributor ("Commercial Distributor") hereby agrees to defend 181 and indemnify every Contributor ("Indemnified Contributor") against 182 any losses, damages and costs (collectively"Losses") arising from 183 claims, lawsuits and other legal actions brought by a third party 184 against the Indemnified Contributor to the extent caused by the acts 185 or omissions of such Commercial Distributor in connection with its 186 distribution of the Program in a commercial product offering. The 187 obligations in this section do not apply to any claims or Losses 188 relating to any actual or alleged intellectual property infringement. 189 In order to qualify, an Indemnified Contributor must: a) promptly 190 notify the Commercial Distributor in writing of such claim, and b) 191 allow the Commercial Distributor to control, and cooperate with the 192 Commercial Distributor in, the defense and any related settlement 193 negotiations. The Indemnified Contributor may participate in any such 194 claim at its own expense. 195 196 For example, a Distributor might include the Program in a commercial 197 product offering, Product X. That Distributor is then a Commercial 198 Distributor. If that Commercial Distributor then makes performance 199 claims, or offers warranties related to Product X, those performance 200 claims and warranties are such Commercial Distributor's responsibility 201 alone. Under this section, the Commercial Distributor would have to 202 defend claims against the Contributors related to those performance 203 claims and warranties, and if a court requires any Contributor to pay 204 any damages as a result, the Commercial Distributor must pay those 205 damages. 206 207 5. NO WARRANTY 208 209 EXCEPT AS EXPRESSLY SET FORTH IN THIS AGREEMENT, THE PROGRAM IS 210 PROVIDED ON AN"AS IS" BASIS, WITHOUT WARRANTIES OR CONDITIONS OF ANY 211 KIND, EITHER EXPRESS OR IMPLIED INCLUDING, WITHOUT LIMITATION, ANY 212 WARRANTIES OR CONDITIONS OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY 213 OR FITNESS FOR A PARTICULAR PURPOSE. Each Recipient is solely 214 responsible for determining the appropriateness of using and 215 distributing the Program and assumes all risks associated with its 216 exercise of rights under this Agreement, including but not limited to 217 the risks and costs of program errors, compliance with applicable 218 laws, damage to or loss of data, programs or equipment, and 219 unavailability or interruption of operations. 220 221 6. DISCLAIMER OF LIABILITY 222 223 EXCEPT AS EXPRESSLY SET FORTH IN THIS AGREEMENT, NEITHER RECIPIENT NOR 224 ANY CONTRIBUTORS SHALL HAVE ANY LIABILITY FOR ANY DIRECT, INDIRECT, 225 INCIDENTAL, SPECIAL, EXEMPLARY, OR CONSEQUENTIAL DAMAGES (INCLUDING 226 WITHOUT LIMITATION LOST PROFITS), HOWEVER CAUSED AND ON ANY THEORY OF 227 LIABILITY, WHETHER IN CONTRACT, STRICT LIABILITY, OR TORT (INCLUDING 228 NEGLIGENCE OR OTHERWISE) ARISING IN ANY WAY OUT OF THE USE OR 229 DISTRIBUTION OF THE PROGRAM OR THE EXERCISE OF ANY RIGHTS GRANTED 230 HEREUNDER, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. 231 232 7. EXPORT CONTROL 233 234 Recipient agrees that Recipient alone is responsible for compliance 235 with the United States export administration regulations (and the 236 export control laws and regulation of any other countries). 237 238 8. GENERAL 239 240 If any provision of this Agreement is invalid or unenforceable under 241 applicable law, it shall not affect the validity or enforceability of 242 the remainder of the terms of this Agreement, and without further 243 action by the parties hereto, such provision shall be reformed to the 244 minimum extent necessary to make such provision valid and enforceable. 245 246 If Recipient institutes patent litigation against a Contributor with 247 respect to a patent applicable to software (including a cross-claim or 248 counterclaim in a lawsuit), then any patent licenses granted by that 249 Contributor to such Recipient under this Agreement shall terminate as 250 of the date such litigation is filed. In addition, if Recipient 251 institutes patent litigation against any entity (including a 252 cross-claim or counterclaim in a lawsuit) alleging that the Program 253 itself (excluding combinations of the Program with other software or 254 hardware) infringes such Recipient's patent(s), then such Recipient's 255 rights granted under Section 2(b) shall terminate as of the date such 256 litigation is filed. 257 258 All Recipient's rights under this Agreement shall terminate if it 259 fails to comply with any of the material terms or conditions of this 260 Agreement and does not cure such failure in a reasonable period of 261 time after becoming aware of such noncompliance. If all Recipient's 262 rights under this Agreement terminate, Recipient agrees to cease use 263 and distribution of the Program as soon as reasonably practicable. 264 However, Recipient's obligations under this Agreement and any licenses 265 granted by Recipient relating to the Program shall continue and 266 survive. 267 268 LUCENT may publish new versions (including revisions) of this 269 Agreement from time to time. Each new version of the Agreement will be 270 given a distinguishing version number. The Program (including 271 Contributions) may always be distributed subject to the version of the 272 Agreement under which it was received. In addition, after a new 273 version of the Agreement is published, Contributor may elect to 274 distribute the Program (including its Contributions) under the new 275 version. No one other than LUCENT has the right to modify this 276 Agreement. Except as expressly stated in Sections 2(a) and 2(b) above, 277 Recipient receives no rights or licenses to the intellectual property 278 of any Contributor under this Agreement, whether expressly, by 279 implication, estoppel or otherwise. All rights in the Program not 280 expressly granted under this Agreement are reserved. 281 282 This Agreement is governed by the laws of the State of New York and 283 the intellectual property laws of the United States of America. No 284 party to this Agreement will bring a legal action under this Agreement 285 more than one year after the cause of action arose. Each party waives 286 its rights to a jury trial in any resulting litigation. 287