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Lucent Public License v1.02 | Software Package Data Exchange (SPDX)
Lucent Public License v1.02
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Lucent Public License v1.02
Short identifier
LPL-1.02
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Lucent Public License Version 1.02
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.
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1.
DEFINITIONS
"Contribution" means:
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a.
in the case of Lucent Technologies Inc. ("LUCENT"), the Original Program, and
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b.
in the case of each Contributor,
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i.
changes to the Program, and
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ii.
additions to the Program;
where such changes and/or additions to the Program were added to the Program by such
Contributor itself or anyone acting on such Contributor's behalf, and the
Contributor explicitly consents, in accordance with Section 3C, to characterization of
the changes and/or additions as Contributions.
"Contributor" means LUCENT 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 this
Agreement as released by LUCENT, including source code, object code 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.
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2.
GRANT OF RIGHTS
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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.
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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.
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c.
Recipient understands that although each Contributor grants the licenses 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.
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d.
Each Contributor represents that to its knowledge it has sufficient copyright rights in its
Contribution, if any, to grant the copyright license set forth in this Agreement.
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3.
REQUIREMENTS
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A.
Distributor may choose to distribute the Program in any form under this Agreement or under
its own license agreement, provided that:
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1.
it complies with the terms and conditions of this Agreement;
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2.
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
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3.
if distributed under Distributor's own license agreement, such license agreement:
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a.
effectively disclaims on behalf of all Contributors all warranties and 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;
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b.
effectively excludes on behalf of all Contributors all liability for damages,
including direct, indirect, special, incidental and consequential damages, such as
lost profits; and
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c.
states that any provisions which differ from this Agreement are offered by that
Contributor alone and not by any other party.
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B.
Each Distributor must include the following in a conspicuous location in the Program:
Copyright (C) 2003, Lucent Technologies Inc. and others. All Rights Reserved.
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C.
In addition, each Contributor must identify itself as the originator of its Contribution in a
manner that reasonably allows subsequent Recipients to identify the originator of the
Contribution. Also, each Contributor must agree that the additions and/or changes are
intended to be a Contribution. Once a Contribution is contributed, it may not thereafter
be revoked.
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4.
COMMERCIAL DISTRIBUTION
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.
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5.
NO WARRANTY
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.
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6.
DISCLAIMER OF LIABILITY
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.
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7.
EXPORT CONTROL
Recipient agrees that Recipient alone is responsible for compliance with the United States export
administration regulations (and the export control laws and regulation of any other
countries).
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8.
GENERAL
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.
LUCENT 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 LUCENT
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 New York 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.
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