1Lucent Public License Version 1.0 2 3THE ACCOMPANYING PROGRAM IS PROVIDED UNDER THE TERMS OF THIS PUBLIC LICENSE 4("AGREEMENT"). ANY USE, REPRODUCTION OR DISTRIBUTION OF THE PROGRAM 5CONSTITUTES RECIPIENT'S ACCEPTANCE OF THIS AGREEMENT. 6 71. DEFINITIONS 8 9"Contribution" means: 10 11a. in the case of <ORGANIZATION> (" <OWNER> "), the Original Program, and 12 13b. in the case of each Contributor, 14 15i. changes to the Program, and 16 17ii. additions to the Program; where such changes and/or additions to the 18Program originate from and are "Contributed" by that particular Contributor. 19 20A Contribution is "Contributed" by a Contributor only (i) if it was added to 21the Program by such Contributor itself or anyone acting on such 22Contributor's behalf, and (ii) the Contributor explicitly consents, in 23accordance with Section 3C, to characterization of the changes and/or 24additions as Contributions. Contributions do not include additions to the 25Program which: (i) are separate modules of software distributed in conjunction 26with the Program under their own license agreement, and (ii) are not 27derivative works of the Program. 28 29"Contributor" means <OWNER> and any other entity that has Contributed a 30Contribution to the Program. 31 32"Distributor" means a Recipient that distributes the Program, modifications to 33the Program, or any part thereof. 34 35"Licensed Patents" mean patent claims licensable by a Contributor which are 36necessarily infringed by the use or sale of its Contribution alone or when 37combined with the Program. 38 39"Original Program" means the original version of the software accompanying 40this Agreement as released by <OWNER> , including source code, object code and 41documentation, if any. 42 43"Program" means the Original Program and Contributions or any part thereof 44 45"Recipient" means anyone who receives the Program under this Agreement, 46including all Contributors. 47 482. GRANT OF RIGHTS 49 50a. Subject to the terms of this Agreement, each Contributor hereby grants 51Recipient a non-exclusive, worldwide, royalty-free copyright license to 52reproduce, prepare derivative works of, publicly display, publicly perform, 53distribute and sublicense the Contribution of such Contributor, if any, and 54such derivative works, in source code and object code form. 55 56b. Subject to the terms of this Agreement, each Contributor hereby grants 57Recipient a non-exclusive, worldwide, royalty-free patent license under 58Licensed Patents to make, use, sell, offer to sell, import and otherwise 59transfer the Contribution of such Contributor, if any, in source code and 60object code form. The patent license granted by a Contributor shall also apply 61to the combination of the Contribution of that Contributor and the Program if, 62at the time the Contribution is added by the Contributor, such addition of the 63Contribution causes such combination to be covered by the Licensed Patents. 64The patent license granted by a Contributor shall not apply to (i) any other 65combinations which include the Contribution, nor to (ii) Contributions of 66other Contributors. No hardware per se is licensed hereunder. 67 68c. Recipient understands that although each Contributor grants the licenses to 69its Contributions set forth herein, no assurances are provided by any 70Contributor that the Program does not infringe the patent or other 71intellectual property rights of any other entity. Each Contributor disclaims 72any liability to Recipient for claims brought by any other entity based on 73infringement of intellectual property rights or otherwise. As a condition to 74exercising the rights and licenses granted hereunder, each Recipient hereby 75assumes sole responsibility to secure any other intellectual property rights 76needed, if any. For example, if a third party patent license is required to 77allow Recipient to distribute the Program, it is Recipient's 78responsibility to acquire that license before distributing the Program. 79 80d. Each Contributor represents that to its knowledge it has sufficient 81copyright rights in its Contribution, if any, to grant the copyright license 82set forth in this Agreement. 83 843. REQUIREMENTS 85 86A. Distributor may choose to distribute the Program in any form under this 87Agreement or under its own license agreement, provided that: 88 891. it complies with the terms and conditions of this Agreement; 902. if the Program is distributed in source code or other tangible form, a copy of this Agreement or Distributor's own license agreement is included with each copy of the Program; and 913. if distributed under Distributor's own license agreement, such license agreement: 92 93a. effectively disclaims on behalf of all Contributors all warranties and 94conditions, express and implied, including warranties or conditions of title 95and non-infringement, and implied warranties or conditions of merchantability 96and fitness for a particular purpose; 97 98b. effectively excludes on behalf of all Contributors all liability for 99damages, including direct, indirect, special, incidental and consequential 100damages, such as lost profits; and 101 102c. states that any provisions which differ from this Agreement are offered by 103that Contributor alone and not by any other party. 104 105B. Each Distributor must include the following in a conspicuous location in 106the Program: 107 108Copyright (C) <YEAR>, <ORGANIZATION> and others. All Rights Reserved. 109 110C. In addition, each Contributor must identify itself as the originator of its 111Contribution, if any, and indicate its consent to characterization of its 112additions and/or changes as a Contribution, in a manner that reasonably allows 113subsequent Recipients to identify the originator of the Contribution. Once 114consent is granted, it may not thereafter be revoked. 115 1164. COMMERCIAL DISTRIBUTION 117 118Commercial distributors of software may accept certain responsibilities with 119respect to end users, business partners and the like. While this license is 120intended to facilitate the commercial use of the Program, the Distributor who 121includes the Program in a commercial product offering should do so in a manner 122which does not create potential liability for Contributors. Therefore, if a 123Distributor includes the Program in a commercial product offering, such 124Distributor ("Commercial Distributor") hereby agrees to defend and indemnify 125every Contributor ("Indemnified Contributor") against any losses, damages and 126costs (collectively "Losses") arising from claims, lawsuits and other legal 127actions brought by a third party against the Indemnified Contributor to the 128extent caused by the acts or omissions of such Commercial Distributor in 129connection with its distribution of the Program in a commercial product 130offering. The obligations in this section do not apply to any claims or Losses 131relating to any actual or alleged intellectual property infringement. In order 132to qualify, an Indemnified Contributor must: a) promptly notify the Commercial 133Distributor in writing of such claim, and b) allow the Commercial Distributor 134to control, and cooperate with the Commercial Distributor in, the defense and 135any related settlement negotiations. The Indemnified Contributor may 136participate in any such claim at its own expense. 137 138For example, a Distributor might include the Program in a commercial product 139offering, Product X. That Distributor is then a Commercial Distributor. If 140that Commercial Distributor then makes performance claims, or offers 141warranties related to Product X, those performance claims and warranties are 142such Commercial Distributor's responsibility alone. Under this section, 143the Commercial Distributor would have to defend claims against the 144Contributors related to those performance claims and warranties, and if a 145court requires any Contributor to pay any damages as a result, the Commercial 146Distributor must pay those damages. 147 1485. NO WARRANTY 149 150EXCEPT AS EXPRESSLY SET FORTH IN THIS AGREEMENT, THE PROGRAM IS PROVIDED ON AN 151"AS IS" BASIS, WITHOUT WARRANTIES OR CONDITIONS OF ANY KIND, EITHER EXPRESS OR 152IMPLIED INCLUDING, WITHOUT LIMITATION, ANY WARRANTIES OR CONDITIONS OF TITLE, 153NON-INFRINGEMENT, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. Each 154Recipient is solely responsible for determining the appropriateness of using 155and distributing the Program and assumes all risks associated with its 156exercise of rights under this Agreement, including but not limited to the 157risks and costs of program errors, compliance with applicable laws, damage to 158or loss of data, programs or equipment, and unavailability or interruption of 159operations. 160 1616. DISCLAIMER OF LIABILITY 162 163EXCEPT AS EXPRESSLY SET FORTH IN THIS AGREEMENT, NEITHER RECIPIENT NOR ANY 164CONTRIBUTORS SHALL HAVE ANY LIABILITY FOR ANY DIRECT, INDIRECT, INCIDENTAL, 165SPECIAL, EXEMPLARY, OR CONSEQUENTIAL DAMAGES (INCLUDING WITHOUT LIMITATION 166LOST PROFITS), HOWEVER CAUSED AND ON ANY THEORY OF LIABILITY, WHETHER IN 167CONTRACT, STRICT LIABILITY, OR TORT (INCLUDING NEGLIGENCE OR OTHERWISE) 168ARISING IN ANY WAY OUT OF THE USE OR DISTRIBUTION OF THE PROGRAM OR THE 169EXERCISE OF ANY RIGHTS GRANTED HEREUNDER, EVEN IF ADVISED OF THE POSSIBILITY 170OF SUCH DAMAGES. 171 1727. GENERAL 173 174If any provision of this Agreement is invalid or unenforceable under 175applicable law, it shall not affect the validity or enforceability of the 176remainder of the terms of this Agreement, and without further action by the 177parties hereto, such provision shall be reformed to the minimum extent 178necessary to make such provision valid and enforceable. 179 180If Recipient institutes patent litigation against a Contributor with respect 181to a patent applicable to software (including a cross-claim or counterclaim in 182a lawsuit), then any patent licenses granted by that Contributor to such 183Recipient under this Agreement shall terminate as of the date such litigation 184is filed. In addition, if Recipient institutes patent litigation against any 185entity (including a cross-claim or counterclaim in a lawsuit) alleging that 186the Program itself (excluding combinations of the Program with other software 187or hardware) infringes such Recipient's patent(s), then such 188Recipient's rights granted under Section 2(b) shall terminate as of the 189date such litigation is filed. 190 191All Recipient's rights under this Agreement shall terminate if it fails 192to comply with any of the material terms or conditions of this Agreement and 193does not cure such failure in a reasonable period of time after becoming aware 194of such noncompliance. If all Recipient's rights under this Agreement 195terminate, Recipient agrees to cease use and distribution of the Program as 196soon as reasonably practicable. However, Recipient's obligations under 197this Agreement and any licenses granted by Recipient relating to the Program 198shall continue and survive. 199 200<OWNER> may publish new versions (including revisions) of this Agreement from 201time to time. Each new version of the Agreement will be given a distinguishing 202version number. The Program (including Contributions) may always be 203distributed subject to the version of the Agreement under which it was 204received. In addition, after a new version of the Agreement is published, 205Contributor may elect to distribute the Program (including its Contributions) 206under the new version. No one other than <OWNER> has the right to modify this 207Agreement. Except as expressly stated in Sections 2(a) and 2(b) above, 208Recipient receives no rights or licenses to the intellectual property of any 209Contributor under this Agreement, whether expressly, by implication, estoppel 210or otherwise. All rights in the Program not expressly granted under this 211Agreement are reserved. 212 213This Agreement is governed by the laws of the State of <STATE> and the 214intellectual property laws of the United States of America. No party to this 215Agreement will bring a legal action under this Agreement more than one year 216after the cause of action arose. Each party waives its rights to a jury trial 217in any resulting litigation. 218 219