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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