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Copyright (c) 2005 Lucent TechnologiesPortions Copyright (c) 2005 Russ Cox, MITThe Plan 9 software is provided under the terms of theLucent Public License, Version 1.02, reproduced below.===================================================================Lucent Public License Version 1.02THE ACCOMPANYING PROGRAM IS PROVIDED UNDER THE TERMS OF THIS PUBLICLICENSE ("AGREEMENT"). ANY USE, REPRODUCTION OR DISTRIBUTION OF THEPROGRAM CONSTITUTES RECIPIENT'S ACCEPTANCE OF THIS AGREEMENT.1. DEFINITIONS"Contribution" means: a. in the case of Lucent Technologies Inc. ("LUCENT"), the Original Program, and b. in the case of each Contributor, i. changes to the Program, and 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 aContribution 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 Contributorwhich are necessarily infringed by the use or sale of its Contributionalone or when combined with the Program."Original Program" means the original version of the softwareaccompanying this Agreement as released by LUCENT, including sourcecode, object code and documentation, if any."Program" means the Original Program and Contributions or any partthereof"Recipient" means anyone who receives the Program under thisAgreement, including all Contributors.2. GRANT OF RIGHTS 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. 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. 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.3. REQUIREMENTSA. Distributor may choose to distribute the Program in any form underthis Agreement or under its own license agreement, provided that: a. it complies with the terms and conditions of this Agreement; b. 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 c. if distributed under Distributor's own license agreement, such license agreement: i. 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; ii. effectively excludes on behalf of all Contributors all liability for damages, including direct, indirect, special, incidental and consequential damages, such as lost profits; and iii. states that any provisions which differ from this Agreement are offered by that Contributor alone and not by any other party.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.C. In addition, each Contributor must identify itself as theoriginator of its Contribution in a manner that reasonably allowssubsequent Recipients to identify the originator of the Contribution.Also, each Contributor must agree that the additions and/or changesare intended to be a Contribution. Once a Contribution is contributed,it may not thereafter be revoked.4. COMMERCIAL DISTRIBUTIONCommercial distributors of software may accept certainresponsibilities with respect to end users, business partners and thelike. While this license is intended to facilitate the commercial useof the Program, the Distributor who includes the Program in acommercial product offering should do so in a manner which does notcreate potential liability for Contributors. Therefore, if aDistributor includes the Program in a commercial product offering,such Distributor ("Commercial Distributor") hereby agrees to defendand indemnify every Contributor ("Indemnified Contributor") againstany losses, damages and costs (collectively"Losses") arising fromclaims, lawsuits and other legal actions brought by a third partyagainst the Indemnified Contributor to the extent caused by the actsor omissions of such Commercial Distributor in connection with itsdistribution of the Program in a commercial product offering. Theobligations in this section do not apply to any claims or Lossesrelating to any actual or alleged intellectual property infringement.In order to qualify, an Indemnified Contributor must: a) promptlynotify the Commercial Distributor in writing of such claim, and b)allow the Commercial Distributor to control, and cooperate with theCommercial Distributor in, the defense and any related settlementnegotiations. The Indemnified Contributor may participate in any suchclaim at its own expense.For example, a Distributor might include the Program in a commercialproduct offering, Product X. That Distributor is then a CommercialDistributor. If that Commercial Distributor then makes performanceclaims, or offers warranties related to Product X, those performanceclaims and warranties are such Commercial Distributor's responsibilityalone. Under this section, the Commercial Distributor would have todefend claims against the Contributors related to those performanceclaims and warranties, and if a court requires any Contributor to payany damages as a result, the Commercial Distributor must pay thosedamages.5. NO WARRANTYEXCEPT AS EXPRESSLY SET FORTH IN THIS AGREEMENT, THE PROGRAM ISPROVIDED ON AN"AS IS" BASIS, WITHOUT WARRANTIES OR CONDITIONS OF ANYKIND, EITHER EXPRESS OR IMPLIED INCLUDING, WITHOUT LIMITATION, ANYWARRANTIES OR CONDITIONS OF TITLE, NON-INFRINGEMENT, MERCHANTABILITYOR FITNESS FOR A PARTICULAR PURPOSE. Each Recipient is solelyresponsible for determining the appropriateness of using anddistributing the Program and assumes all risks associated with itsexercise of rights under this Agreement, including but not limited tothe risks and costs of program errors, compliance with applicablelaws, damage to or loss of data, programs or equipment, andunavailability or interruption of operations.6. DISCLAIMER OF LIABILITYEXCEPT AS EXPRESSLY SET FORTH IN THIS AGREEMENT, NEITHER RECIPIENT NORANY CONTRIBUTORS SHALL HAVE ANY LIABILITY FOR ANY DIRECT, INDIRECT,INCIDENTAL, SPECIAL, EXEMPLARY, OR CONSEQUENTIAL DAMAGES (INCLUDINGWITHOUT LIMITATION LOST PROFITS), HOWEVER CAUSED AND ON ANY THEORY OFLIABILITY, WHETHER IN CONTRACT, STRICT LIABILITY, OR TORT (INCLUDINGNEGLIGENCE OR OTHERWISE) ARISING IN ANY WAY OUT OF THE USE ORDISTRIBUTION OF THE PROGRAM OR THE EXERCISE OF ANY RIGHTS GRANTEDHEREUNDER, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.7. EXPORT CONTROLRecipient agrees that Recipient alone is responsible for compliancewith the United States export administration regulations (and theexport control laws and regulation of any other countries).8. GENERALIf any provision of this Agreement is invalid or unenforceable underapplicable law, it shall not affect the validity or enforceability ofthe remainder of the terms of this Agreement, and without furtheraction by the parties hereto, such provision shall be reformed to theminimum extent necessary to make such provision valid and enforceable.If Recipient institutes patent litigation against a Contributor withrespect to a patent applicable to software (including a cross-claim orcounterclaim in a lawsuit), then any patent licenses granted by thatContributor to such Recipient under this Agreement shall terminate asof the date such litigation is filed. In addition, if Recipientinstitutes patent litigation against any entity (including across-claim or counterclaim in a lawsuit) alleging that the Programitself (excluding combinations of the Program with other software orhardware) infringes such Recipient's patent(s), then such Recipient'srights granted under Section 2(b) shall terminate as of the date suchlitigation is filed.All Recipient's rights under this Agreement shall terminate if itfails to comply with any of the material terms or conditions of thisAgreement and does not cure such failure in a reasonable period oftime after becoming aware of such noncompliance. If all Recipient'srights under this Agreement terminate, Recipient agrees to cease useand distribution of the Program as soon as reasonably practicable.However, Recipient's obligations under this Agreement and any licensesgranted by Recipient relating to the Program shall continue andsurvive.LUCENT may publish new versions (including revisions) of thisAgreement from time to time. Each new version of the Agreement will begiven a distinguishing version number. The Program (includingContributions) may always be distributed subject to the version of theAgreement under which it was received. In addition, after a newversion of the Agreement is published, Contributor may elect todistribute the Program (including its Contributions) under the newversion. No one other than LUCENT has the right to modify thisAgreement. Except as expressly stated in Sections 2(a) and 2(b) above,Recipient receives no rights or licenses to the intellectual propertyof any Contributor under this Agreement, whether expressly, byimplication, estoppel or otherwise. All rights in the Program notexpressly granted under this Agreement are reserved.This Agreement is governed by the laws of the State of New York andthe intellectual property laws of the United States of America. Noparty to this Agreement will bring a legal action under this Agreementmore than one year after the cause of action arose. Each party waivesits rights to a jury trial in any resulting litigation.
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