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