LICENSE - vx32 - Local 9vx git repository for patches.
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LICENSE (12310B)
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1 The files in this directory (and the subdirectories) are derived from the
2 Plan 9 from Bell Labs distribution, which carries this license.
3
4 The local changes are Copyright (c) 2006-2008 Russ Cox and
5 are distributed as contributions under the terms of this license.
6
7 Other contributors are listed on the AUTHORS file.
8
9
10 ===================================================================
11
12 Lucent Public License Version 1.02
13
14 THE ACCOMPANYING PROGRAM IS PROVIDED UNDER THE TERMS OF THIS PUBLIC
15 LICENSE ("AGREEMENT"). ANY USE, REPRODUCTION OR DISTRIBUTION OF THE
16 PROGRAM CONSTITUTES RECIPIENT'S ACCEPTANCE OF THIS AGREEMENT.
17
18 1. DEFINITIONS
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20 "Contribution" means:
21
22 a. in the case of Lucent Technologies Inc. ("LUCENT"), the Original
23 Program, and
24 b. in the case of each Contributor,
25
26 i. changes to the Program, and
27 ii. additions to the Program;
28
29 where such changes and/or additions to the Program were added to the
30 Program by such Contributor itself or anyone acting on such
31 Contributor's behalf, and the Contributor explicitly consents, in
32 accordance with Section 3C, to characterization of the changes and/or
33 additions as Contributions.
34
35 "Contributor" means LUCENT and any other entity that has Contributed a
36 Contribution to the Program.
37
38 "Distributor" means a Recipient that distributes the Program,
39 modifications to the Program, or any part thereof.
40
41 "Licensed Patents" mean patent claims licensable by a Contributor
42 which are necessarily infringed by the use or sale of its Contribution
43 alone or when combined with the Program.
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45 "Original Program" means the original version of the software
46 accompanying this Agreement as released by LUCENT, including source
47 code, object code and documentation, if any.
48
49 "Program" means the Original Program and Contributions or any part
50 thereof
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52 "Recipient" means anyone who receives the Program under this
53 Agreement, including all Contributors.
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55 2. GRANT OF RIGHTS
56
57 a. Subject to the terms of this Agreement, each Contributor hereby
58 grants Recipient a non-exclusive, worldwide, royalty-free copyright
59 license to reproduce, prepare derivative works of, publicly display,
60 publicly perform, distribute and sublicense the Contribution of such
61 Contributor, if any, and such derivative works, in source code and
62 object code form.
63
64 b. Subject to the terms of this Agreement, each Contributor hereby
65 grants Recipient a non-exclusive, worldwide, royalty-free patent
66 license under Licensed Patents to make, use, sell, offer to sell,
67 import and otherwise transfer the Contribution of such Contributor, if
68 any, in source code and object code form. The patent license granted
69 by a Contributor shall also apply to the combination of the
70 Contribution of that Contributor and the Program if, at the time the
71 Contribution is added by the Contributor, such addition of the
72 Contribution causes such combination to be covered by the Licensed
73 Patents. The patent license granted by a Contributor shall not apply
74 to (i) any other combinations which include the Contribution, nor to
75 (ii) Contributions of other Contributors. No hardware per se is
76 licensed hereunder.
77
78 c. Recipient understands that although each Contributor grants the
79 licenses to its Contributions set forth herein, no assurances are
80 provided by any Contributor that the Program does not infringe the
81 patent or other intellectual property rights of any other entity. Each
82 Contributor disclaims any liability to Recipient for claims brought by
83 any other entity based on infringement of intellectual property rights
84 or otherwise. As a condition to exercising the rights and licenses
85 granted hereunder, each Recipient hereby assumes sole responsibility
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87 example, if a third party patent license is required to allow
88 Recipient to distribute the Program, it is Recipient's responsibility
89 to acquire that license before distributing the Program.
90
91 d. Each Contributor represents that to its knowledge it has sufficient
92 copyright rights in its Contribution, if any, to grant the copyright
93 license set forth in this Agreement.
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95 3. REQUIREMENTS
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97 A. Distributor may choose to distribute the Program in any form under
98 this Agreement or under its own license agreement, provided that:
99
100 a. it complies with the terms and conditions of this Agreement;
101
102 b. if the Program is distributed in source code or other tangible
103 form, a copy of this Agreement or Distributor's own license agreement
104 is included with each copy of the Program; and
105
106 c. if distributed under Distributor's own license agreement, such
107 license agreement:
108
109 i. effectively disclaims on behalf of all Contributors all warranties
110 and conditions, express and implied, including warranties or
111 conditions of title and non-infringement, and implied warranties or
112 conditions of merchantability and fitness for a particular purpose;
113 ii. effectively excludes on behalf of all Contributors all liability
114 for damages, including direct, indirect, special, incidental and
115 consequential damages, such as lost profits; and
116 iii. states that any provisions which differ from this Agreement are
117 offered by that Contributor alone and not by any other party.
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119 B. Each Distributor must include the following in a conspicuous
120 location in the Program:
121
122 Copyright (C) 2003, Lucent Technologies Inc. and others. All Rights
123 Reserved.
124
125 C. In addition, each Contributor must identify itself as the
126 originator of its Contribution in a manner that reasonably allows
127 subsequent Recipients to identify the originator of the Contribution.
128 Also, each Contributor must agree that the additions and/or changes
129 are intended to be a Contribution. Once a Contribution is contributed,
130 it may not thereafter be revoked.
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132 4. COMMERCIAL DISTRIBUTION
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134 Commercial distributors of software may accept certain
135 responsibilities with respect to end users, business partners and the
136 like. While this license is intended to facilitate the commercial use
137 of the Program, the Distributor who includes the Program in a
138 commercial product offering should do so in a manner which does not
139 create potential liability for Contributors. Therefore, if a
140 Distributor includes the Program in a commercial product offering,
141 such Distributor ("Commercial Distributor") hereby agrees to defend
142 and indemnify every Contributor ("Indemnified Contributor") against
143 any losses, damages and costs (collectively"Losses") arising from
144 claims, lawsuits and other legal actions brought by a third party
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146 or omissions of such Commercial Distributor in connection with its
147 distribution of the Program in a commercial product offering. The
148 obligations in this section do not apply to any claims or Losses
149 relating to any actual or alleged intellectual property infringement.
150 In order to qualify, an Indemnified Contributor must: a) promptly
151 notify the Commercial Distributor in writing of such claim, and b)
152 allow the Commercial Distributor to control, and cooperate with the
153 Commercial Distributor in, the defense and any related settlement
154 negotiations. The Indemnified Contributor may participate in any such
155 claim at its own expense.
156
157 For example, a Distributor might include the Program in a commercial
158 product offering, Product X. That Distributor is then a Commercial
159 Distributor. If that Commercial Distributor then makes performance
160 claims, or offers warranties related to Product X, those performance
161 claims and warranties are such Commercial Distributor's responsibility
162 alone. Under this section, the Commercial Distributor would have to
163 defend claims against the Contributors related to those performance
164 claims and warranties, and if a court requires any Contributor to pay
165 any damages as a result, the Commercial Distributor must pay those
166 damages.
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168 5. NO WARRANTY
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170 EXCEPT AS EXPRESSLY SET FORTH IN THIS AGREEMENT, THE PROGRAM IS
171 PROVIDED ON AN"AS IS" BASIS, WITHOUT WARRANTIES OR CONDITIONS OF ANY
172 KIND, EITHER EXPRESS OR IMPLIED INCLUDING, WITHOUT LIMITATION, ANY
173 WARRANTIES OR CONDITIONS OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY
174 OR FITNESS FOR A PARTICULAR PURPOSE. Each Recipient is solely
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178 the risks and costs of program errors, compliance with applicable
179 laws, damage to or loss of data, programs or equipment, and
180 unavailability or interruption of operations.
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182 6. DISCLAIMER OF LIABILITY
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184 EXCEPT AS EXPRESSLY SET FORTH IN THIS AGREEMENT, NEITHER RECIPIENT NOR
185 ANY CONTRIBUTORS SHALL HAVE ANY LIABILITY FOR ANY DIRECT, INDIRECT,
186 INCIDENTAL, SPECIAL, EXEMPLARY, OR CONSEQUENTIAL DAMAGES (INCLUDING
187 WITHOUT LIMITATION LOST PROFITS), HOWEVER CAUSED AND ON ANY THEORY OF
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189 NEGLIGENCE OR OTHERWISE) ARISING IN ANY WAY OUT OF THE USE OR
190 DISTRIBUTION OF THE PROGRAM OR THE EXERCISE OF ANY RIGHTS GRANTED
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192
193 7. EXPORT CONTROL
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195 Recipient agrees that Recipient alone is responsible for compliance
196 with the United States export administration regulations (and the
197 export control laws and regulation of any other countries).
198
199 8. GENERAL
200
201 If any provision of this Agreement is invalid or unenforceable under
202 applicable law, it shall not affect the validity or enforceability of
203 the remainder of the terms of this Agreement, and without further
204 action by the parties hereto, such provision shall be reformed to the
205 minimum extent necessary to make such provision valid and enforceable.
206
207 If Recipient institutes patent litigation against a Contributor with
208 respect to a patent applicable to software (including a cross-claim or
209 counterclaim in a lawsuit), then any patent licenses granted by that
210 Contributor to such Recipient under this Agreement shall terminate as
211 of the date such litigation is filed. In addition, if Recipient
212 institutes patent litigation against any entity (including a
213 cross-claim or counterclaim in a lawsuit) alleging that the Program
214 itself (excluding combinations of the Program with other software or
215 hardware) infringes such Recipient's patent(s), then such Recipient's
216 rights granted under Section 2(b) shall terminate as of the date such
217 litigation is filed.
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219 All Recipient's rights under this Agreement shall terminate if it
220 fails to comply with any of the material terms or conditions of this
221 Agreement and does not cure such failure in a reasonable period of
222 time after becoming aware of such noncompliance. If all Recipient's
223 rights under this Agreement terminate, Recipient agrees to cease use
224 and distribution of the Program as soon as reasonably practicable.
225 However, Recipient's obligations under this Agreement and any licenses
226 granted by Recipient relating to the Program shall continue and
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229 LUCENT may publish new versions (including revisions) of this
230 Agreement from time to time. Each new version of the Agreement will be
231 given a distinguishing version number. The Program (including
232 Contributions) may always be distributed subject to the version of the
233 Agreement under which it was received. In addition, after a new
234 version of the Agreement is published, Contributor may elect to
235 distribute the Program (including its Contributions) under the new
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237 Agreement. Except as expressly stated in Sections 2(a) and 2(b) above,
238 Recipient receives no rights or licenses to the intellectual property
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241 expressly granted under this Agreement are reserved.
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243 This Agreement is governed by the laws of the State of New York and
244 the intellectual property laws of the United States of America. No
245 party to this Agreement will bring a legal action under this Agreement
246 more than one year after the cause of action arose. Each party waives
247 its rights to a jury trial in any resulting litigation.
248