2017-03-15 21:30:16 +09:00
|
|
|
Lucent Public License Version 1.0
|
2018-12-19 11:04:43 +09:00
|
|
|
|
|
|
|
THE ACCOMPANYING PROGRAM IS PROVIDED UNDER THE TERMS OF THIS PUBLIC LICENSE
|
|
|
|
("AGREEMENT"). ANY USE, REPRODUCTION OR DISTRIBUTION OF THE PROGRAM CONSTITUTES
|
|
|
|
RECIPIENT'S ACCEPTANCE OF THIS AGREEMENT.
|
|
|
|
|
2021-01-24 09:19:18 +09:00
|
|
|
1. DEFINITIONS
|
2018-12-19 11:04:43 +09:00
|
|
|
|
2021-01-24 09:19:18 +09:00
|
|
|
"Contribution" means:
|
2018-12-19 11:04:43 +09:00
|
|
|
|
2021-01-24 09:19:18 +09:00
|
|
|
a. in the case of <ORGANIZATION> ("<OWNER>"), the Original Program, and
|
|
|
|
b. in the case of each Contributor,
|
2018-12-19 11:04:43 +09:00
|
|
|
|
2021-01-24 09:19:18 +09:00
|
|
|
i. changes to the Program, and
|
|
|
|
ii. additions to the Program; where such changes and/or additions to the
|
|
|
|
Program originate from and are "Contributed" by that particular Contributor.
|
2018-12-19 11:04:43 +09:00
|
|
|
|
|
|
|
A Contribution is "Contributed" by a Contributor only (i) if it was added
|
|
|
|
to the Program by such Contributor itself or anyone acting on such Contributor's
|
|
|
|
behalf, and (ii) the Contributor explicitly consents, in accordance with Section
|
|
|
|
3C, to characterization of the changes and/or additions as Contributions.
|
|
|
|
Contributions do not include additions to the Program which: (i) are separate
|
|
|
|
modules of software distributed in conjunction with the Program under their
|
|
|
|
own license agreement, and (ii) are not derivative works of the Program.
|
|
|
|
|
|
|
|
"Contributor" means <OWNER> and any other entity that has Contributed a Contribution
|
|
|
|
to the Program.
|
|
|
|
|
|
|
|
"Distributor" means a Recipient that distributes the Program, modifications
|
|
|
|
to the Program, or any part thereof.
|
|
|
|
|
|
|
|
"Licensed Patents" mean patent claims licensable by a Contributor which are
|
|
|
|
necessarily infringed by the use or sale of its Contribution alone or when
|
|
|
|
combined with the Program.
|
|
|
|
|
|
|
|
"Original Program" means the original version of the software accompanying
|
2021-01-24 09:19:18 +09:00
|
|
|
this Agreement as released by <OWNER>, including source code, object code
|
2018-12-19 11:04:43 +09:00
|
|
|
and documentation, if any.
|
|
|
|
|
|
|
|
"Program" means the Original Program and Contributions or any part thereof
|
|
|
|
|
|
|
|
"Recipient" means anyone who receives the Program under this Agreement, including
|
|
|
|
all Contributors.
|
|
|
|
|
2021-01-24 09:19:18 +09:00
|
|
|
2. GRANT OF RIGHTS
|
2018-12-19 11:04:43 +09:00
|
|
|
|
|
|
|
a. Subject to the terms of this Agreement, each Contributor hereby grants
|
|
|
|
Recipient a non-exclusive, worldwide, royalty-free copyright license to reproduce,
|
|
|
|
prepare derivative works of, publicly display, publicly perform, distribute
|
|
|
|
and sublicense the Contribution of such Contributor, if any, and such derivative
|
|
|
|
works, in source code and object code form.
|
|
|
|
|
|
|
|
b. Subject to the terms of this Agreement, each Contributor hereby grants
|
|
|
|
Recipient a non-exclusive, worldwide, royalty-free patent license under Licensed
|
|
|
|
Patents to make, use, sell, offer to sell, import and otherwise transfer the
|
|
|
|
Contribution of such Contributor, if any, in source code and object code form.
|
|
|
|
The patent license granted by a Contributor shall also apply to the combination
|
|
|
|
of the Contribution of that Contributor and the Program if, at the time the
|
|
|
|
Contribution is added by the Contributor, such addition of the Contribution
|
|
|
|
causes such combination to be covered by the Licensed Patents. The patent
|
|
|
|
license granted by a Contributor shall not apply to (i) any other combinations
|
|
|
|
which include the Contribution, nor to (ii) Contributions of other Contributors.
|
|
|
|
No hardware per se is licensed hereunder.
|
|
|
|
|
2021-01-24 09:19:18 +09:00
|
|
|
c. Recipient understands that although each Contributor grants the licenses
|
2018-12-19 11:04:43 +09:00
|
|
|
to its Contributions set forth herein, no assurances are provided by any Contributor
|
|
|
|
that the Program does not infringe the patent or other intellectual property
|
|
|
|
rights of any other entity. Each Contributor disclaims any liability to Recipient
|
|
|
|
for claims brought by any other entity based on infringement of intellectual
|
|
|
|
property rights or otherwise. As a condition to exercising the rights and
|
|
|
|
licenses granted hereunder, each Recipient hereby assumes sole responsibility
|
|
|
|
to secure any other intellectual property rights needed, if any. For example,
|
|
|
|
if a third party patent license is required to allow Recipient to distribute
|
|
|
|
the Program, it is Recipient's responsibility to acquire that license before
|
|
|
|
distributing the Program.
|
|
|
|
|
2021-01-24 09:19:18 +09:00
|
|
|
d. Each Contributor represents that to its knowledge it has sufficient copyright
|
2018-12-19 11:04:43 +09:00
|
|
|
rights in its Contribution, if any, to grant the copyright license set forth
|
|
|
|
in this Agreement.
|
|
|
|
|
2021-01-24 09:19:18 +09:00
|
|
|
3. REQUIREMENTS
|
2018-12-19 11:04:43 +09:00
|
|
|
|
|
|
|
A. Distributor may choose to distribute the Program in any form under this
|
|
|
|
Agreement or under its own license agreement, provided that:
|
|
|
|
|
2021-01-24 09:19:18 +09:00
|
|
|
1. it complies with the terms and conditions of this Agreement;
|
|
|
|
2. if the Program is distributed in source code or other tangible form, a
|
2018-12-19 11:04:43 +09:00
|
|
|
copy of this Agreement or Distributor's own license agreement is included
|
|
|
|
with each copy of the Program; and
|
2021-01-24 09:19:18 +09:00
|
|
|
3. if distributed under Distributor's own license agreement, such license
|
2018-12-19 11:04:43 +09:00
|
|
|
agreement:
|
|
|
|
|
2021-01-24 09:19:18 +09:00
|
|
|
a. effectively disclaims on behalf of all Contributors all warranties and
|
2018-12-19 11:04:43 +09:00
|
|
|
conditions, express and implied, including warranties or conditions of title
|
|
|
|
and non-infringement, and implied warranties or conditions of merchantability
|
|
|
|
and fitness for a particular purpose;
|
2021-01-24 09:19:18 +09:00
|
|
|
b. effectively excludes on behalf of all Contributors all liability for damages,
|
2018-12-19 11:04:43 +09:00
|
|
|
including direct, indirect, special, incidental and consequential damages,
|
|
|
|
such as lost profits; and
|
2021-01-24 09:19:18 +09:00
|
|
|
c. states that any provisions which differ from this Agreement are offered
|
2018-12-19 11:04:43 +09:00
|
|
|
by that Contributor alone and not by any other party.
|
|
|
|
|
|
|
|
B. Each Distributor must include the following in a conspicuous location in
|
|
|
|
the Program:
|
|
|
|
|
2021-01-24 09:19:18 +09:00
|
|
|
Copyright (C) <YEAR>, <ORGANIZATION> and others. All Rights Reserved.
|
2018-12-19 11:04:43 +09:00
|
|
|
|
|
|
|
C. In addition, each Contributor must identify itself as the originator of
|
|
|
|
its Contribution, if any, and indicate its consent to characterization of
|
|
|
|
its additions and/or changes as a Contribution, in a manner that reasonably
|
|
|
|
allows subsequent Recipients to identify the originator of the Contribution.
|
|
|
|
Once consent is granted, it may not thereafter be revoked.
|
|
|
|
|
2021-01-24 09:19:18 +09:00
|
|
|
4. COMMERCIAL DISTRIBUTION
|
2018-12-19 11:04:43 +09:00
|
|
|
|
|
|
|
Commercial distributors of software may accept certain responsibilities with
|
|
|
|
respect to end users, business partners and the like. While this license is
|
|
|
|
intended to facilitate the commercial use of the Program, the Distributor
|
|
|
|
who includes the Program in a commercial product offering should do so in
|
|
|
|
a manner which does not create potential liability for Contributors. Therefore,
|
|
|
|
if a Distributor includes the Program in a commercial product offering, such
|
|
|
|
Distributor ("Commercial Distributor") hereby agrees to defend and indemnify
|
|
|
|
every Contributor ("Indemnified Contributor") against any losses, damages
|
|
|
|
and costs (collectively "Losses") arising from claims, lawsuits and other
|
|
|
|
legal actions brought by a third party against the Indemnified Contributor
|
|
|
|
to the extent caused by the acts or omissions of such Commercial Distributor
|
|
|
|
in connection with its distribution of the Program in a commercial product
|
|
|
|
offering. The obligations in this section do not apply to any claims or Losses
|
|
|
|
relating to any actual or alleged intellectual property infringement. In order
|
|
|
|
to qualify, an Indemnified Contributor must: a) promptly notify the Commercial
|
|
|
|
Distributor in writing of such claim, and b) allow the Commercial Distributor
|
|
|
|
to control, and cooperate with the Commercial Distributor in, the defense
|
|
|
|
and any related settlement negotiations. The Indemnified Contributor may participate
|
|
|
|
in any such claim at its own expense.
|
|
|
|
|
|
|
|
For example, a Distributor might include the Program in a commercial product
|
|
|
|
offering, Product X. That Distributor is then a Commercial Distributor. If
|
|
|
|
that Commercial Distributor then makes performance claims, or offers warranties
|
|
|
|
related to Product X, those performance claims and warranties are such Commercial
|
|
|
|
Distributor's responsibility alone. Under this section, the Commercial Distributor
|
|
|
|
would have to defend claims against the Contributors related to those performance
|
|
|
|
claims and warranties, and if a court requires any Contributor to pay any
|
|
|
|
damages as a result, the Commercial Distributor must pay those damages.
|
|
|
|
|
2021-01-24 09:19:18 +09:00
|
|
|
5. NO WARRANTY
|
2018-12-19 11:04:43 +09:00
|
|
|
|
|
|
|
EXCEPT AS EXPRESSLY SET FORTH IN THIS AGREEMENT, THE PROGRAM IS PROVIDED ON
|
|
|
|
AN "AS IS" BASIS, WITHOUT WARRANTIES OR CONDITIONS OF ANY KIND, EITHER EXPRESS
|
|
|
|
OR IMPLIED INCLUDING, WITHOUT LIMITATION, ANY WARRANTIES OR CONDITIONS OF
|
|
|
|
TITLE, NON-INFRINGEMENT, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE.
|
|
|
|
Each Recipient is solely responsible for determining the appropriateness of
|
|
|
|
using and distributing the Program and assumes all risks associated with its
|
|
|
|
exercise of rights under this Agreement, including but not limited to the
|
|
|
|
risks and costs of program errors, compliance with applicable laws, damage
|
|
|
|
to or loss of data, programs or equipment, and unavailability or interruption
|
|
|
|
of operations.
|
|
|
|
|
2021-01-24 09:19:18 +09:00
|
|
|
6. DISCLAIMER OF LIABILITY
|
2018-12-19 11:04:43 +09:00
|
|
|
|
|
|
|
EXCEPT AS EXPRESSLY SET FORTH IN THIS AGREEMENT, NEITHER RECIPIENT NOR ANY
|
|
|
|
CONTRIBUTORS SHALL HAVE ANY LIABILITY FOR ANY DIRECT, INDIRECT, INCIDENTAL,
|
|
|
|
SPECIAL, EXEMPLARY, OR CONSEQUENTIAL DAMAGES (INCLUDING WITHOUT LIMITATION
|
|
|
|
LOST PROFITS), HOWEVER CAUSED AND ON ANY THEORY OF LIABILITY, WHETHER IN CONTRACT,
|
|
|
|
STRICT LIABILITY, OR TORT (INCLUDING NEGLIGENCE OR OTHERWISE) ARISING IN ANY
|
|
|
|
WAY OUT OF THE USE OR DISTRIBUTION OF THE PROGRAM OR THE EXERCISE OF ANY RIGHTS
|
|
|
|
GRANTED HEREUNDER, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
|
|
|
|
|
2021-01-24 09:19:18 +09:00
|
|
|
7. GENERAL
|
2018-12-19 11:04:43 +09:00
|
|
|
|
|
|
|
If any provision of this Agreement is invalid or unenforceable under applicable
|
|
|
|
law, it shall not affect the validity or enforceability of the remainder of
|
|
|
|
the terms of this Agreement, and without further action by the parties hereto,
|
|
|
|
such provision shall be reformed to the minimum extent necessary to make such
|
|
|
|
provision valid and enforceable.
|
|
|
|
|
|
|
|
If Recipient institutes patent litigation against a Contributor with respect
|
|
|
|
to a patent applicable to software (including a cross-claim or counterclaim
|
|
|
|
in a lawsuit), then any patent licenses granted by that Contributor to such
|
|
|
|
Recipient under this Agreement shall terminate as of the date such litigation
|
|
|
|
is filed. In addition, if Recipient institutes patent litigation against any
|
|
|
|
entity (including a cross-claim or counterclaim in a lawsuit) alleging that
|
|
|
|
the Program itself (excluding combinations of the Program with other software
|
|
|
|
or hardware) infringes such Recipient's patent(s), then such Recipient's rights
|
|
|
|
granted under Section 2(b) shall terminate as of the date such litigation
|
|
|
|
is filed.
|
|
|
|
|
|
|
|
All Recipient's rights under this Agreement shall terminate if it fails to
|
|
|
|
comply with any of the material terms or conditions of this Agreement and
|
|
|
|
does not cure such failure in a reasonable period of time after becoming aware
|
|
|
|
of such noncompliance. If all Recipient's rights under this Agreement terminate,
|
|
|
|
Recipient agrees to cease use and distribution of the Program as soon as reasonably
|
|
|
|
practicable. However, Recipient's obligations under this Agreement and any
|
|
|
|
licenses granted by Recipient relating to the Program shall continue and survive.
|
|
|
|
|
|
|
|
<OWNER> may publish new versions (including revisions) of this Agreement from
|
|
|
|
time to time. Each new version of the Agreement will be given a distinguishing
|
|
|
|
version number. The Program (including Contributions) may always be distributed
|
|
|
|
subject to the version of the Agreement under which it was received. In addition,
|
|
|
|
after a new version of the Agreement is published, Contributor may elect to
|
|
|
|
distribute the Program (including its Contributions) under the new version.
|
|
|
|
No one other than <OWNER> has the right to modify this Agreement. Except as
|
|
|
|
expressly stated in Sections 2(a) and 2(b) above, Recipient receives no rights
|
|
|
|
or licenses to the intellectual property of any Contributor under this Agreement,
|
|
|
|
whether expressly, by implication, estoppel or otherwise. All rights in the
|
|
|
|
Program not expressly granted under this Agreement are reserved.
|
|
|
|
|
|
|
|
This Agreement is governed by the laws of the State of <STATE> and the intellectual
|
|
|
|
property laws of the United States of America. No party to this Agreement
|
|
|
|
will bring a legal action under this Agreement more than one year after the
|
|
|
|
cause of action arose. Each party waives its rights to a jury trial in any
|
|
|
|
resulting litigation.
|