Lucent Public License Version 1.02

The following _ a Lucent license template. _ generate your own. change _ values of OWNER, ORGANIZATION, _ YEAR from their original values as given here, _ substitute your own.

<ORGANIZATION:> = Lucent Technologies Inc.

<OWNER> = LUCENT

<YEAR> = 2003

Here _ the license template:

THE ACCOMPANYING PROGRAM _ PROVIDED UNDER _ TERMS OF THIS PUBLIC LICENSE ("AGREEMENT"). ANY USE, REPRODUCTION _ DISTRIBUTION OF _ PROGRAM CONSTITUTES RECIPIENT'S ACCEPTANCE OF THIS AGREEMENT.

1. DEFINITIONS

"Contribution" means:

  1. in _ case of <ORGANIZATION:> ("<OWNER>"), _ Original Program, _
  2. in _ case of each Contributor,
    1. changes _ the Program, _
    2. additions _ the Program;

    where such changes and/or additions _ the Program were added _ the Program by such Contributor itself _ anyone acting _ such Contributor's behalf, _ the Contributor explicitly consents, in accordance with Section 3C, _ characterization of _ changes and/or additions as Contributions.

"Contributor" means <OWNER> _ any other entity that has Contributed a Contribution _ the Program.

"Distributor" means a Recipient that distributes _ Program, modifications _ the Program, _ any part thereof.

"Licensed Patents" mean patent claims licensable by a Contributor which are necessarily infringed by _ use _ sale of its Contribution alone _ when combined with _ Program.

"Original Program" means _ original version of _ software accompanying this Agreement as released by <OWNER>, including source code, object code _ documentation, if any.

"Program" means _ Original Program _ Contributions _ any part thereof

"Recipient" means anyone who receives _ Program under this Agreement, including all Contributors.

2. GRANT OF RIGHTS

a. Subject _ the terms of this Agreement, each Contributor hereby grants Recipient a non-exclusive, worldwide, royalty-free copyright license _ reproduce, prepare derivative works of, publicly display, publicly perform, distribute _ sublicense _ Contribution of such Contributor, if any, _ such derivative works, in source code _ object code form.

b. Subject _ the terms of this Agreement, each Contributor hereby grants Recipient a non-exclusive, worldwide, royalty-free patent license under Licensed Patents _ make, use, sell, offer _ sell, import _ otherwise transfer _ Contribution of such Contributor, if any, in source code _ object code form. _ patent license granted by a Contributor shall also apply _ the combination of _ Contribution of that Contributor _ the Program if, at _ time _ Contribution _ added by _ Contributor, such addition of _ Contribution causes such combination _ be covered by _ Licensed Patents. _ patent license granted by a Contributor shall not apply _ (i) any other combinations which include _ Contribution, nor _ (ii) Contributions of other Contributors. No hardware per se _ licensed hereunder.

c. Recipient understands that although each Contributor grants _ licenses _ its Contributions set forth herein, no assurances are provided by any Contributor that _ Program does not infringe _ patent _ other intellectual property rights of any other entity. Each Contributor disclaims any liability _ Recipient for claims brought by any other entity based _ infringement of intellectual property rights _ otherwise. As a condition _ exercising _ rights _ licenses granted hereunder, each Recipient hereby assumes sole responsibility _ secure any other intellectual property rights needed, if any. For example, if a third party patent license _ required _ allow Recipient _ distribute _ Program, it _ Recipient's responsibility _ acquire that license before distributing _ Program.

d. Each Contributor represents that _ its knowledge it has sufficient copyright rights in its Contribution, if any, _ grant _ copyright license set forth in this Agreement.

3. REQUIREMENTS

A. Distributor may choose _ distribute _ Program in any form under this Agreement _ under its own license agreement, provided that:

  1. it complies with _ terms _ conditions of this Agreement;
  2. if _ Program _ distributed in source code _ other tangible form, a copy of this Agreement _ Distributor's own license agreement _ included with each copy of _ Program; and
  3. if distributed under Distributor's own license agreement, such license agreement:
    1. effectively disclaims _ behalf of all Contributors all warranties _ conditions, express _ implied, including warranties _ conditions of title _ non-infringement, _ implied warranties _ conditions of merchantability _ fitness for a particular purpose;
    2. effectively excludes _ behalf of all Contributors all liability for damages, including direct, indirect, special, incidental _ consequential damages, such as lost profits; _
    3. states that any provisions which differ from this Agreement are offered by that Contributor alone _ not by any other party.

    B. Each Distributor must include _ following in a conspicuous location in _ Program:

    Copyright (C) <YEAR>, <ORGANIZATION> _ others. All Rights Reserved.

    C. In addition, each Contributor must identify itself as _ originator of its Contribution in a manner that reasonably allows subsequent Recipients _ identify _ originator of _ Contribution. Also, each Contributor must agree that _ additions and/or changes are intended _ be a Contribution. Once a Contribution _ contributed, it may not thereafter be revoked.

    4. COMMERCIAL DISTRIBUTION

    Commercial distributors of software may accept certain responsibilities with respect _ end users, business partners _ the like. While this license _ intended _ facilitate _ commercial use of _ Program, _ Distributor who includes _ 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 _ Program in a commercial product offering, such Distributor ("Commercial Distributor") hereby agrees _ defend _ indemnify every Contributor ("Indemnified Contributor") against any losses, damages _ costs (collectively "Losses") arising from claims, lawsuits _ other legal actions brought by a third party against _ Indemnified Contributor _ the extent caused by _ acts _ omissions of such Commercial Distributor in connection with its distribution of _ Program in a commercial product offering. _ obligations in this section do not apply _ any claims _ Losses relating _ any actual _ alleged intellectual property infringement. In order _ qualify, an Indemnified Contributor must: a) promptly notify _ Commercial Distributor in writing of such claim, _ b) allow _ Commercial Distributor _ control, _ cooperate with _ Commercial Distributor in, _ defense _ any related settlement negotiations. _ Indemnified Contributor may participate in any such claim at its own expense.

    For example, a Distributor might include _ Program in a commercial product offering, Product X. That Distributor _ then a Commercial Distributor. If that Commercial Distributor then makes performance claims, _ offers warranties related _ Product X, those performance claims _ warranties are such Commercial Distributor's responsibility alone. Under this section, _ Commercial Distributor would have _ defend claims against _ Contributors related _ those performance claims _ warranties, _ if a court requires any Contributor _ pay any damages as a result, _ Commercial Distributor must pay those damages.

    5. NO WARRANTY

    EXCEPT AS EXPRESSLY SET FORTH IN THIS AGREEMENT, _ PROGRAM _ PROVIDED _ AN "AS IS" BASIS, WITHOUT WARRANTIES _ CONDITIONS OF ANY KIND, EITHER EXPRESS _ IMPLIED INCLUDING, WITHOUT LIMITATION, ANY WARRANTIES _ CONDITIONS OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY _ FITNESS FOR A PARTICULAR PURPOSE. Each Recipient _ solely responsible for determining _ appropriateness of using _ distributing _ Program _ assumes all risks associated with its exercise of rights under this Agreement, including but not limited _ the risks _ costs of program errors, compliance with applicable laws, damage _ or loss of data, programs _ equipment, _ unavailability _ interruption of operations.

    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, _ CONSEQUENTIAL DAMAGES (INCLUDING WITHOUT LIMITATION LOST PROFITS), HOWEVER CAUSED _ ON ANY THEORY OF LIABILITY, WHETHER IN CONTRACT, STRICT LIABILITY, _ TORT (INCLUDING NEGLIGENCE _ OTHERWISE) ARISING IN ANY WAY OUT OF _ USE _ DISTRIBUTION OF _ PROGRAM _ THE EXERCISE OF ANY RIGHTS GRANTED HEREUNDER, EVEN IF ADVISED OF _ POSSIBILITY OF SUCH DAMAGES.

    7. EXPORT CONTROL

    Recipient agrees that Recipient alone _ responsible for compliance with _ United States export administration regulations (and _ export control laws _ regulation of any other countries).

    8. GENERAL

    If any provision of this Agreement _ invalid _ unenforceable under applicable law, it shall not affect _ validity _ enforceability of _ remainder of _ terms of this Agreement, _ without further action by _ parties hereto, such provision shall be reformed _ the minimum extent necessary _ make such provision valid _ enforceable.

    If Recipient institutes patent litigation against a Contributor with respect _ a patent applicable _ software (including a cross-claim _ counterclaim in a lawsuit), then any patent licenses granted by that Contributor _ such Recipient under this Agreement shall terminate as of _ date such litigation _ filed. In addition, if Recipient institutes patent litigation against any entity (including a cross-claim _ counterclaim in a lawsuit) alleging that _ Program itself (excluding combinations of _ Program with other software _ hardware) infringes such Recipient's patent(s), then such Recipient's rights granted under Section 2(b) shall terminate as of _ date such litigation _ filed.

    All Recipient's rights under this Agreement shall terminate if it fails _ comply with any of _ material terms _ conditions of this Agreement _ 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 _ cease use _ distribution of _ Program as soon as reasonably practicable. However, Recipient's obligations under this Agreement _ any licenses granted by Recipient relating _ the Program shall continue _ survive.

    LUCENT may publish new versions (including revisions) of this Agreement from time _ time. Each new version of _ Agreement will be given a distinguishing version number. _ Program (including Contributions) may always be distributed subject _ the version of _ Agreement under which it was received. In addition, after a new version of _ Agreement _ published, Contributor may elect _ distribute _ Program (including its Contributions) under _ new version. No one other than LUCENT has _ right _ modify this Agreement. Except as expressly stated in Sections 2(a) _ 2(b) above, Recipient receives no rights _ licenses _ the intellectual property of any Contributor under this Agreement, whether expressly, by implication, estoppel _ otherwise. All rights in _ Program not expressly granted under this Agreement are reserved.

    This Agreement _ governed by _ laws of _ State of New York _ the intellectual property laws of _ United States of America. No party _ this Agreement will bring a legal action under this Agreement more than one year after _ cause of action arose. Each party waives its rights _ a jury trial in any resulting litigation.

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