dev9

plan9 devices in POSIX user space
git clone https://pi.duncano.de/git/dev9

LICENSE (12310B)


      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
     19 
     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.
     44 
     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
     51 
     52 "Recipient" means anyone who receives the Program under this
     53 Agreement, including all Contributors.
     54 
     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
     86     to secure any other intellectual property rights needed, if any. For
     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.
     94 
     95 3. REQUIREMENTS
     96 
     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.
    118 
    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.
    131 
    132 4. COMMERCIAL DISTRIBUTION
    133 
    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
    145 against the Indemnified Contributor to the extent caused by the acts
    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.
    167 
    168 5. NO WARRANTY
    169 
    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
    175 responsible for determining the appropriateness of using and
    176 distributing the Program and assumes all risks associated with its
    177 exercise of rights under this Agreement, including but not limited to
    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.
    181 
    182 6. DISCLAIMER OF LIABILITY
    183 
    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
    188 LIABILITY, WHETHER IN CONTRACT, STRICT LIABILITY, OR TORT (INCLUDING
    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
    191 HEREUNDER, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
    192 
    193 7. EXPORT CONTROL
    194 
    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.
    218 
    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
    227 survive.
    228 
    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
    236 version. No one other than LUCENT has the right to modify this
    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
    239 of any Contributor under this Agreement, whether expressly, by
    240 implication, estoppel or otherwise. All rights in the Program not
    241 expressly granted under this Agreement are reserved.
    242 
    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