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|
LUCENT TECHNOLOGIES INC.
PLAN 9 OPEN SOURCE LICENSE AGREEMENT
PLEASE READ THIS AGREEMENT (INCLUDING THE EXHIBITS) CAREFULLY BEFORE
PROCEEDING. BY CLICKING ON THE "ACCEPT" BUTTON, OR BY DOWNLOADING,
INSTALLING, USING, COPYING, MODIFYING OR DISTRIBUTING THE SOFTWARE OR
DERIVATIVE WORKS THEREOF, YOU ARE CONSENTING TO BE BOUND BY THIS
AGREEMENT.
IF YOU DO NOT AGREE TO ALL OF THE TERMS OF THIS AGREEMENT, CLICK ON THE
"DO NOT ACCEPT" BUTTON AND THE INSTALLATION/DOWNLOAD PROCESS WILL NOT
CONTINUE.
1. DEFINITIONS
1. "Agreement" means this Lucent Technologies Inc. Plan 9 Open Source
License Agreement (including Exhibits).
1. "Contributor(s)" means any individual or legal entity that creates or
contributes to a Modification of the Original Software.
1. "Licensee" means an individual or a legal entity entering into and
exercising rights under this Agreement. For the purposes hereunder,
Licensee includes any entity that controls, is controlled by, or is
under common control with Licensee. For purposes of this definition,
"control" means (i) the power, direct or indirect, to cause the
direction or management of such entity, whether by contract or
otherwise; or (ii) ownership of fifty percent (50%) or more of the
controlling shares or beneficial ownership of such entity. Licensee
is also referred to herein as "You" with "Your" as the possessive.
1. "Licensed Software" means the Original Software, Modifications, or
any combination of the Original Software and Modifications.
1. "Lucent" means Lucent Technologies Inc., a Delaware corporation
having an office at 600 Mountain Ave., Murray Hill, NJ 07974, its
related companies and/or affiliates.
1. "Modification(s)" means any addition, deletion, change, or
improvement to the Original Software or prior Modifications thereto.
Modifications do not include additions to the Original Software or
prior Modifications which (i) are separate modules of software which
may be distributed in conjunction with Licensed Software; or (ii) are
not derivative works of the Licensed Software itself.
1. "Object Code" means machine executable software code.
1. "Original Contributor" means Lucent and its Licensors, collectively.
1. "Original Software" means the Plan 9 Software, in both Source Code
form and Object Code form, and any associated documentation, as
furnished under this Agreement.
1. "Plan 9 Software" means a network operating system designed for
research into distributed services, applications and software
development.
1. "Plan 9 Trademark" means the trademark PLAN 9 (for which Lucent has
acquired common law rights and for which Lucent owns U.S. Trademark
Registration Number 2,065,577).
1. "Recipient" means any individual or legal entity receiving the
Licensed Software under this Agreement, including all Contributors,
or receiving the Licensed Software under another license agreement as
authorized herein.
1. "Source Code" means human readable software code.
2.0 GRANT OF RIGHTS
2.1 Subject to the terms of this Agreement and to third party intellectual
property claims, Lucent grants to Licensee, a royalty-free, nonexclusive,
non-transferable, worldwide license to use, reproduce, modify, execute,
display, perform, distribute and sublicense, the Original Software (with
or without Modifications) in Source Code form and/or Object Code form for
commercial and/or non-commercial purposes. This grant includes a
nonexclusive and non-transferable license under any patents which Lucent
has a right to license and which, but for this license, are unavoidably
and necessarily infringed by the execution of the inherent functionality
of the Original Software in the form furnished under this Agreement.
Nothing in this Agreement shall be construed as conferring in any way (by
implication, estoppel or otherwise) any license or right under any
existing or future patent claim which is directed to a combination of the
functionality of the Original Software with the functionality of any other
software programs, or a combination of hardware systems other than the
combination of the Original Software and the hardware or firmware into
which the Original Software is loaded. Distribution of Licensed Software
to third parties pursuant to this grant shall be subject to the same terms
and conditions as set forth in this Agreement, and may, at Your option,
include a reasonable charge for the cost of any media. You may also, at
Your option, charge for any other software, product or service that
includes or incorporates the Original Software as a part thereof.
2.2 No right is granted to Licensee to create derivative works of or to
redistribute (other than with the Original Software or a derivative
thereof) the screen imprinter fonts identified in subdirectory
/lib/font/bit/lucida and printer fonts (Lucida Sans Unicode, Lucida Sans
Italic, Lucida Sans Demibold, Lucida Typewriter, Lucida Sans
Typewriter83), identified in subdirectory /sys/lib/postscript/font.
2.3 Exhibit A contains additional terms and conditions relating to the
printer fonts identified in subdirectory /sys/lib/ghostscript/font. In the
case of any conflict between the provisions of the body of this Agreement
and Exhibit A regarding such printer fonts, the provisions of Exhibit A
shall control.
2.4 The Original Software licensed herein contains material copyrights by
the Original Contributor, including but not limited to Lucent, B&H Inc.,
and Y&Y Inc. No rights are granted with respect to Original Software
except as expressly provided herein.
2.5 Lucent grants to Licensee a nonexclusive, royalty free, worldwide
license to use the Plan 9 Trademark solely in connection with the Plan 9
operating system source code (or object code) and documentation. Such use
by Licensee of the Plan 9 Trademark shall be in accordance with the
following quality standards and controls:
* Any use of the Plan 9 Trademark must be made under the terms of this
Agreement;
* The Plan 9 Trademark may not be combined with any other mark or logo
to form a composite mark or logo or suggest that the Parties are part
of one company.
Upon Lucent's written request and at Licensee's expense, Licensee will
provide Lucent with a representative sample of Licensee's promotional
materials bearing the Plan 9 Trademark. If, for any reason, Lucent
determines that the quality standards or controls applied by Licensee to
the Plan 9 system source code and documentation fall below those that are
consistent with Lucent's standards, upon written notice of the deficiency
to Licensee, Lucent may, at its sole option and discretion, terminate
Licensee's right to use the Plan 9 Trademark upon written notice to
Licensee.
Licensee acknowledges that Lucent is the owner of the Plan 9 Trademark and
all goodwill attached thereto. This Agreement does not give Licensee any
interest in the Plan 9 Trademark except the right to use the mark in
accordance with the provisions of this Agreement. Licensee agrees not to
attempt to register the Plan 9 Trademark nor to adopt, attempt to register
or register anywhere in the world a mark the same as or confusingly
similar to the Plan 9 Trademark.
3.0 DISTRIBUTION OBLIGATIONS
3.1 Modifications which You create or to which You contribute are governed
by the terms of this Agreement and must be made available under the terms
of this Agreement in at least the same form as the Source Code version of
Original Software furnished hereunder. Any distribution by You of the
Source Code version of Licensed Software must be made under the terms of
this Agreement or any future version of this Agreement under Section 11.0,
and You must include a copy of this Agreement with each and every copy of
such Source Code version of Licensed Software which You distribute. You
may not offer or impose any terms on any such Source Code version of
Licensed Software that alters or restricts the terms of the applicable
version of this Agreement or the Recipients' rights and obligations
hereunder.
3.2 You must cause all Licensed Software to which You contribute, i.e.
Your Modifications, to contain a clear identification, e.g., a separate
file, documenting the changes made by You and identifying You as the
Contributor that reasonably allows subsequent Recipients to identify the
originator of the Modification. To the extent You create at least one
Modification, You may add Your name as a Contributor to the requisite
notice described in Section 3.3.
3.3 With respect to Your distribution of Licensed Software (or any portion
thereof), You must include the following information in a conspicuous
location governing such distribution (e.g., a separate file) and on all
copies of any Source Code version of Licensed Software You distribute:
"The contents herein includes software initially developed by Lucent
Technologies Inc. and others, and is subject to the terms of the Lucent
Technologies Inc. Plan 9 Open Source License Agreement. A copy of the Plan
9 Open Source License Agreement is available at:
http://plan9.bell-labs.com/plan9dist/download.html or by contacting Lucent
Technologies at http://www.lucent.com.
All software distributed under such Agreement is distributed on an "AS IS"
basis, WITHOUT WARRANTY OF ANY KIND, either express or implied. See the
Lucent Technologies Inc. Plan 9 Open Source License Agreement for the
specific language governing all rights, obligations and limitations under
such Agreement.
Portions of the software developed by Lucent Technologies Inc. and others
are Copyright O 2002. All rights reserved.
Contributor(s):___________________________"
3.4 You may distribute Licensed Software in Object Code form using this
Agreement, or under a license of Your choice provided that You are in
compliance with this Agreement and Your license: (a) complies with the
terms and conditions of this Agreement; (b) does not limit or alter the
Recipient's rights and obligations in the Source Code version of the
Licensed Software set forth in this Agreement; (c) states that the Source
Code version of the Licensed Software is available from You, and describes
how it may be obtained by Recipient; (d) effectively disclaims on behalf
of Original Contributor and all Contributors all warranties and
conditions, express or implied, including warranties or conditions of
title or non-infringement, and implied warranties or conditions of
merchantability and fitness for a particular purpose; (e) effectively
excludes on behalf of Original Contributor and all Contributors all
liability for damages, including direct, indirect, special, incidental,
and consequential damages; and (f) clearly states that any terms which
differ from this Agreement are offered by You alone, not by Original
Contributor or any other Contributor. You hereby agree to indemnify
Original Contributor or any other Contributor for any liability incurred
by Original Contributor or any other Contributor as result of any such
differing terms You offer in Your license.
3.5 You may not use the names "Lucent Technologies", "Bell Labs" or any
other name associated with Lucent or any Lucent trademark for any purposes
other than as specifically provided in this Agreement.
3.6 You must include all of the original copyright, labels or other
notices on the Licensed Software on any copies of the Licensed Software
which You make; and include with the distribution of any Modifications You
create a copy (or an offer to provide such a copy at no charge) of the
Licensed Software, on the same terms as set forth in this Agreement.
3.7 While this Agreement contemplates the commercial use and distribution
of Licensed Software, commercial distributors of software may, for a
variety of reasons, accept certain responsibilities with respect to
customers, licensees, business partners and the like. As such, if You or
any Contributor include Licensed Software in a commercial offering
("Commercial Contributor"), such Commercial Contributor agrees to defend
and indemnify Original Contributor and all other Contributors
(collectively "Indemnified Contributors") against any liability, losses,
damages and costs arising from claims, lawsuits and other legal actions
brought by any third party against the Indemnified Contributors to the
extent caused by the acts or omissions of such Commercial Contributor in
connection with its use or distribution of Licensed Software in a
commercial offering of any kind.
4.0 MODIFICATIONS
You agree to provide the Original Contributor, at its request, with a copy
of the complete Source Code version, Object Code version and related
documentation for Modifications created or contributed to by You if
distributed in any form, e.g., binary or source. Original Contributor
and/or other Contributors shall have unrestricted, nonexclusive,
worldwide, perpetual, royalty-free rights, to use, reproduce, modify,
display, perform, sublicense and distribute such Modifications, and to
grant third parties the right to do so, including without limitation as a
part of or with the Licensed Software; and Original Contributor and/or
other Contributors shall have the right to license or to otherwise
transfer to third parties such Modifications without notice, obligation or
recourse to You. You grant to Original Contributor, Contributors and their
respective licensees all rights and licenses (including patents) as are
necessary to incorporate the Modifications created or contributed and so
distributed by You into the Licensed Software and to use, distribute or
otherwise exploit such Licensed Software without payment or accounting to
You.
5. TITLE
Title, ownership rights, and intellectual property rights in the Original
Software and the Plan 9 Trademark shall remain in the Original
Contributor. Original Contributor and/or the other Contributors reserve
all rights not expressly granted to You, and no other licenses are granted
or implied. The Licensed Software is protected by copyright laws and
treaties.
6.0 TERMINATION
1. The licenses and rights granted under this Agreement shall terminate
automatically if (i) You fail to comply with all of the terms and
conditions herein; or (ii) You initiate or participate in any
intellectual property action against Original Contributor.
1. The rights and obligations of the parties hereto which by their
nature would continue beyond termination of this Agreement shall
survive and continue after any such termination of this Agreement.
1. Upon termination for any reason, You must destroy all copies of the
Licensed Software in Your possession. All sublicenses of Licensed
Software which were validly granted by You to third parties under
this Agreement shall survive such termination.
7.0 DISCLAIMER OF WARRANTY
YOU UNDERSTAND AND ACKNOWLEDGE THAT, TO THE FULLEST EXTENT PERMITTED BY
LAW, THE LICENSED SOFTWARE IS LICENSED UNDER THIS AGREEMENT FREE OF CHARGE
ON AN "AS IS" BASIS WITH ALL FAULTS, LATENT AND PATENT AND
WITHOUT ANY WARRANTY OF ANY TYPE. ORIGINAL CONTRIBUTOR AND THE OTHER
CONTRIBUTORS MAKE NO REPRESENTATIONS OR WARRANTIES, EXPRESSED OR IMPLIED.
BY WAY OF EXAMPLE, BUT NOT OF LIMITATION, ORIGINAL CONTRIBUTOR AND THE
OTHER CONTRIBUTORS MAKE NO REPRESENTATIONS OF MERCHANTABILITY OR FITNESS
FOR A PARTICULAR PURPOSE OR THAT THE USE OF THE LICENSED SOFTWARE WILL NOT
INFRINGE ANY PATENT OR OTHER INTELLECTUAL PROPERTY RIGHT OF ANY THIRD
PARTY AND IT SHALL BE THE SOLE RESPONSIBILITY OF YOU TO MAKE SUCH
DETERMINATION AS IS NECESSARY WITH RESPECT TO THE ACQUISITION OF LICENSES
UNDER PATENTS OR OTHER INTELLECTUAL PROPERTY RIGHTS OF THIRD PARTIES.
ORIGINAL CONTRIBUTOR AND THE OTHER CONTRIBUTORS DO NOT WARRANT THAT THE
FUNCTIONS OF THE LICENSED SOFTWARE WILL MEET YOUR REQUIREMENTS OR THAT
LICENSED SOFTWARE OPERATION WILL BE ERROR-FREE OR UNINTERRUPTED. YOU
ASSUME THE RISK OF ANY AND ALL DAMAGE OR LOSS FROM USE, OR INABILITY TO
USE, THE LICENSED SOFTWARE. ORIGINAL CONTRIBUTOR AND THE OTHER
CONTRIBUTORS BEAR NO RESPONSIBILITY FOR CORRECTING THE LICENSED SOFTWARE,
SUPPLYING ASSISTANCE FOR FIXING, OR FOR COMMUNICATING KNOWN ERRORS TO YOU
PERTAINING TO THE LICENSED SOFTWARE FURNISHED HEREUNDER.
ORIGINAL CONTRIBUTOR AND THE OTHER CONTRIBUTORS SHALL NOT BE HELD TO ANY
LIABILITY WITH RESPECT TO ANY PATENT INFRINGEMENT OR ANY OTHER CLAIM MADE
BY YOU OR ANY THIRD PARTY ON ACCOUNT OF, OR ARISING FROM THE USE OF, THE
LICENSED SOFTWARE PROVIDED HEREUNDER.
SOME STATES DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE
EXCLUSION MAY NOT APPLY TO YOU. YOU MAY ALSO HAVE OTHER RIGHTS THAT VARY
FROM JURISDICTION TO JURISDICTION.
8.0 LIMITATION OF LIABILITY
UNDER NO CIRCUMSTANCES AND UNDER NO LEGAL THEORY, TORT, CONTRACT, OR
OTHERWISE, SHALL ORIGINAL CONTRIBUTOR AND/OR THE OTHER CONTRIBUTORS BE
LIABLE TO YOU OR ANY OTHER THIRD PARTY FOR DAMAGES OF ANY KIND INCLUDING,
BUT NOT LIMITED TO, ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, OR
CONSEQUENTIAL DAMAGES OF ANY CHARACTER WHATSOEVER INCLUDING, WITHOUT
LIMITATION, DAMAGES FOR LOSS OF GOODWILL, WORK STOPPAGE, COMPUTER FAILURE
OR MALFUNCTION, OR ANY AND ALL OTHER COMMERCIAL DAMAGES OR LOSSES, EVEN IF
THE ORIGINAL CONTRIBUTOR AND/OR ANY OTHER CONTRIBUTORS SHALL HAVE BEEN
INFORMED OF THE POSSIBILITY OF SUCH DAMAGES, OR FOR ANY CLAIM BY ANY OTHER
PARTY. FURTHERMORE, SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR
LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THIS LIMITATION AND
EXCLUSION MAY NOT APPLY TO YOU. TO THE EXTENT THAT ANY EXCLUSION OF
DAMAGES ABOVE IS NOT VALID, YOU AGREE THAT IN NO EVENT WILL ORIGINAL
CONTRIBUTOR'S AND ALL OTHER CONTRIBUTORS' TOTAL LIABILITY UNDER OR RELATED
TO THIS AGREEMENT EXCEED ONE THOUSAND DOLLARS ($1000.00 US).
9.0 EXPORT CONTROL
You acknowledge that the Licensed Software hereunder is "unrestricted
encryption source code" as the term is defined under the United States
Export Administration Regulations and is subject to export control under
such laws and regulations. You agree that, if you export or re-export the
Licensed Software or any modifications to it, You are responsible for
compliance with the United States Export Administration Regulations and
hereby indemnify the Original Contributor and all other Contributors for
any liability incurred as a result.
10.0 U.S. GOVERNMENT RIGHTS
You may only acquire the Licensed Software on behalf of, or for delivery
to, any part of the United States Government, if the Licensed Software is
treated as commercial computer software and licensed to the Government
under the terms and conditions of this Agreement, pursuant to the policies
stated in 48 C.F.R. Section 12.212 (October 1995) or 48 C.F.R. Section
227.7202 (June 1995), as applicable.
11.0 LICENSE VERSIONS
LUCENT, at its sole discretion, may from time to time publish a revised
and/or new version of this Agreement (each such revised or new version
shall carry a distinguishing version number) which shall govern all copies
of Licensed Software downloaded after the posting of such revised or new
version of this Agreement.
12.0 MISCELLANEOUS
This Agreement sets forth the entire agreement and understanding between
the parties as to the subject matter hereof and merges all prior
discussions between them. This Agreement shall be governed by the laws of
the State of New York, USA, excluding its conflict of law provisions. The
application of the United Nations Convention of Contracts for the
International Sale of Goods is expressly excluded. YOUR DOWNLOAD,
INSTALLATION AND USE, MODIFICATION OR DISTRIBUTION OF THE LICENSED
SOFTWARE IS EXPRESSLY MADE CONDITIONAL ON YOUR ASSENT TO THE TERMS SET
FORTH HEREIN. You further agree and acknowledge that by clicking on the
"ACCEPT" button below, You shall have manifested acceptance to enter into
this Agreement and shall be deemed to have manually signed and executed
this Agreement making this an enforceable Agreement between the parties.
If any provision of this Agreement is held to be unenforceable, such
provision shall be reformed only to the extent necessary to make it
enforceable.
EXHIBIT A - GNU GENERAL PUBLIC LICENSE
GNU GENERAL PUBLIC LICENSE
Version 2, June 1991
Copyright (C) 1989, 1991 Free Software Foundation, Inc. 675 Mass Ave,
Cambridge, MA 02139, USA. Everyone is permitted to copy and distribute
verbatim copies of this license document, but changing it is not allowed.
Preamble
The licenses for most software are designed to take away your freedom to
share and change it. By contrast, the GNU General Public License is
intended to guarantee your freedom to share and change free software--to
make sure the software is free for all its users. This General Public
License applies to most of the Free Software Foundation's software and to
any other program whose authors commit to using it. (Some other Free
Software Foundation software is covered by the GNU Library General Public
License instead.) You can apply it to your programs, too.
When we speak of free software, we are referring to freedom, not price.
Our General Public Licenses are designed to make sure that you have the
freedom to distribute copies of free software (and charge for this service
if you wish), that you receive source code or can get it if you want it,
that you can change the software or use pieces of it in new free programs;
and that you know you can do these things.
To protect your rights, we need to make restrictions that forbid anyone to
deny you these rights or to ask you to surrender the rights. These
restrictions translate to certain responsibilities for you if you
distribute copies of the software, or if you modify it.
For example, if you distribute copies of such a program, whether gratis or
for a fee, you must give the recipients all the rights that you have. You
must make sure that they, too, receive or can get the source code. And you
must show them these terms so they know their rights.
We protect your rights with two steps: (1) copyright the software, and (2)
offer you this license which gives you legal permission to copy,
distribute and/or modify the software.
Also, for each author's protection and ours, we want to make certain that
everyone understands that there is no warranty for this free software. If
the software is modified by someone else and passed on, we want its
recipients to know that what they have is not the original, so that any
problems introduced by others will not reflect on the original authors'
reputations.
Finally, any free program is threatened constantly by software patents. We
wish to avoid the danger that redistributors of a free program will
individually obtain patent licenses, in effect making the program
proprietary. To prevent this, we have made it clear that any patent must
be licensed for everyone's free use or not licensed at all.
The precise terms and conditions for copying, distribution and
modification follow.
GNU GENERAL PUBLIC LICENSE
TERMS AND CONDITIONS FOR COPYING, DISTRIBUTION AND MODIFICATION
0. This License applies to any program or other work which contains a
notice placed by the copyright holder saying it may be distributed under
the terms of this General Public License. The "Program", below, refers to
any such program or work, and a "work based on the Program" means either
the Program or any derivative work under copyright law: that is to say, a
work containing the Program or a portion of it, either verbatim or with
modifications and/or translated into another language. (Hereinafter,
translation is included without limitation in the term "modification".)
Each licensee is addressed as "you".
Activities other than copying, distribution and modification are not
covered by this License; they are outside its scope. The act of running
the Program is not restricted, and the output from the Program is covered
only if its contents constitute a work based on the Program (independent
of having been made by running the Program). Whether that is true depends
on what the Program does.
1. You may copy and distribute verbatim copies of the Program's source
code as you receive it, in any medium, provided that you conspicuously and
appropriately publish on each copy an appropriate copyright notice and
disclaimer of warranty; keep intact all the notices that refer to this
License and to the absence of any warranty; and give any other recipients
of the Program a copy of this License along with the Program.
You may charge a fee for the physical act of transferring a copy, and you
may at your option offer warranty protection in exchange for a fee.
2. You may modify your copy or copies of the Program or any portion of it,
thus forming a work based on the Program, and copy and distribute such
modifications or work under the terms of Section 1 above, provided that
you also meet all of these conditions:
a) You must cause the modified files to carry prominent notices stating
that you changed the files and the date of any change.
b) You must cause any work that you distribute or publish, that in whole
or in part contains or is derived from the Program or any part thereof, to
be licensed as a whole at no charge to all third parties under the terms
of this License.
c) If the modified program normally reads commands interactively when run,
you must cause it, when started running for such interactive use in the
most ordinary way, to print or display an announcement including an
appropriate copyright notice and a notice that there is no warranty (or
else, saying that you provide a warranty) and that users may redistribute
the program under these conditions, and telling the user how to view a
copy of this License. (Exception: if the Program itself is interactive but
does not normally print such an announcement, your work based on the
Program is not required to print an announcement.)
These requirements apply to the modified work as a whole. If identifiable
sections of that work are not derived from the Program, and can be
reasonably considered independent and separate works in themselves, then
this License, and its terms, do not apply to those sections when you
distribute them as separate works. But when you distribute the same
sections as part of a whole which is a work based on the Program, the
distribution of the whole must be on the terms of this License, whose
permissions for other licensees extend to the entire whole, and thus to
each and every part regardless of who wrote it.
Thus, it is not the intent of this section to claim rights or contest your
rights to work written entirely by you; rather, the intent is to exercise
the right to control the distribution of derivative or collective works
based on the Program.
In addition, mere aggregation of another work not based on the Program
with the Program (or with a work based on the Program) on a volume of a
storage or distribution medium does not bring the other work under the
scope of this License.
3. You may copy and distribute the Program (or a work based on it, under
Section 2) in object code or executable form under the terms of Sections 1
and 2 above provided that you also do one of the following:
a) Accompany it with the complete corresponding machine-readable source
code, which must be distributed under the terms of Sections 1 and 2 above
on a medium customarily used for software interchange; or,
b) Accompany it with a written offer, valid for at least three years, to
give any third party, for a charge no more than your cost of physically
performing source distribution, a complete machine-readable copy of the
corresponding source code, to be distributed under the terms of Sections 1
and 2 above on a medium customarily used for software interchange; or,
c) Accompany it with the information you received as to the offer to
distribute corresponding source code. (This alternative is allowed only
for noncommercial distribution and only if you received the program in
object code or executable form with such an offer, in accord with
Subsection b above.)
The source code for a work means the preferred form of the work for making
modifications to it. For an executable work, complete source code means
all the source code for all modules it contains, plus any associated
interface definition files, plus the scripts used to control compilation
and installation of the executable. However, as a special exception, the
source code distributed need not include anything that is normally
distributed (in either source or binary form) with the major components
(compiler, kernel, and so on) of the operating system on which the
executable runs, unless that component itself accompanies the executable.
If distribution of executable or object code is made by offering access to
copy from a designated place, then offering equivalent access to copy the
source code from the same place counts as distribution of the source code,
even though third parties are not compelled to copy the source along with
the object code.
4. You may not copy, modify, sublicense, or distribute the Program except
as expressly provided under this License. Any attempt otherwise to copy,
modify, sublicense or distribute the Program is void, and will
automatically terminate your rights under this License. However, parties
who have received copies, or rights, from you under this License will not
have their licenses terminated so long as such parties remain in full
compliance.
5. You are not required to accept this License, since you have not signed
it. However, nothing else grants you permission to modify or distribute
the Program or its derivative works. These actions are prohibited by law
if you do not accept this License. Therefore, by modifying or distributing
the Program (or any work based on the Program), you indicate your
acceptance of this License to do so, and all its terms and conditions for
copying, distributing or modifying the Program or works based on it.
6. Each time you redistribute the Program (or any work based on the
Program), the recipient automatically receives a license from the original
licensor to copy, distribute or modify the Program subject to these terms
and conditions. You may not impose any further restrictions on the
recipients' exercise of the rights granted herein. You are not responsible
for enforcing compliance by third parties to this License.
7. If, as a consequence of a court judgment or allegation of patent
infringement or for any other reason (not limited to patent issues),
conditions are imposed on you (whether by court order, agreement or
otherwise) that contradict the conditions of this License, they do not
excuse you from the conditions of this License. If you cannot distribute
so as to satisfy simultaneously your obligations under this License and
any other pertinent obligations, then as a consequence you may not
distribute the Program at all. For example, if a patent license would not
permit royalty-free redistribution of the Program by all those who receive
copies directly or indirectly through you, then the only way you could
satisfy both it and this License would be to refrain entirely from
distribution of the Program.
If any portion of this section is held invalid or unenforceable under any
particular circumstance, the balance of the section is intended to apply
and the section as a whole is intended to apply in other circumstances.
It is not the purpose of this section to induce you to infringe any
patents or other property right claims or to contest validity of any such
claims; this section has the sole purpose of protecting the integrity of
the free software distribution system, which is implemented by public
license practices. Many people have made generous contributions to the
wide range of software distributed through that system in reliance on
consistent application of that system; it is up to the author/donor to
decide if he or she is willing to distribute software through any other
system and a licensee cannot impose that choice.
This section is intended to make thoroughly clear what is believed to be a
consequence of the rest of this License.
8. If the distribution and/or use of the Program is restricted in certain
countries either by patents or by copyrighted interfaces, the original
copyright holder who places the Program under this License may add an
explicit geographical distribution limitation excluding those countries,
so that distribution is permitted only in or among countries not thus
excluded. In such case, this License incorporates the limitation as if
written in the body of this License.
9. The Free Software Foundation may publish revised and/or new versions of
the General Public License from time to time. Such new versions will be
similar in spirit to the present version, but may differ in detail to
address new problems or concerns.
Each version is given a distinguishing version number. If the Program
specifies a version number of this License which applies to it and "any
later version", you have the option of following the terms and conditions
either of that version or of any later version published by the Free
Software Foundation. If the Program does not specify a version number of
this License, you may choose any version ever published by the Free
Software Foundation.
10. If you wish to incorporate parts of the Program into other free
programs whose distribution conditions are different, write to the author
to ask for permission. For software which is copyrighted by the Free
Software Foundation, write to the Free Software Foundation; we sometimes
make exceptions for this. Our decision will be guided by the two goals of
preserving the free status of all derivatives of our free software and of
promoting the sharing and reuse of software generally.
NO WARRANTY
11. BECAUSE THE PROGRAM IS LICENSED FREE OF CHARGE, THERE IS NO WARRANTY
FOR THE PROGRAM, TO THE EXTENT PERMITTED BY APPLICABLE LAW. EXCEPT WHEN
OTHERWISE STATED IN WRITING THE COPYRIGHT HOLDERS AND/OR OTHER PARTIES
PROVIDE THE PROGRAM "AS IS" WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESSED
OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF
MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. THE ENTIRE RISK AS
TO THE QUALITY AND PERFORMANCE OF THE PROGRAM IS WITH YOU. SHOULD THE
PROGRAM PROVE DEFECTIVE, YOU ASSUME THE COST OF ALL NECESSARY SERVICING,
REPAIR OR CORRECTION.
12. IN NO EVENT UNLESS REQUIRED BY APPLICABLE LAW OR AGREED TO IN WRITING
WILL ANY COPYRIGHT HOLDER, OR ANY OTHER PARTY WHO MAY MODIFY AND/OR
REDISTRIBUTE THE PROGRAM AS PERMITTED ABOVE, BE LIABLE TO YOU FOR DAMAGES,
INCLUDING ANY GENERAL, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES
ARISING OUT OF THE USE OR INABILITY TO USE THE PROGRAM (INCLUDING BUT NOT
LIMITED TO LOSS OF DATA OR DATA BEING RENDERED INACCURATE OR LOSSES
SUSTAINED BY YOU OR THIRD PARTIES OR A FAILURE OF THE PROGRAM TO OPERATE
WITH ANY OTHER PROGRAMS), EVEN IF SUCH HOLDER OR OTHER PARTY HAS BEEN
ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
END OF TERMS AND CONDITIONS
YOU ACKNOWLEDGE THAT YOU HAVE READ THIS AGREEMENT (INCLUDING THE EXHIBITS)
AND UNDERSTAND IT, AND THAT BY CLICKING ON THE "ACCEPT" BUTTON BELOW AND
INSTALLING/DOWNLOADING THE SOFTWARE YOU ACCEPT AND AGREE TO BE BOUND BY
THE TERMS AND CONDITIONS OF THIS AGREEMENT.
Plan 9 Open Source License - Version 1.4 - 09/10/02
ND AGREE TO BE BOUND BY THE TERMS AND CONDITIONS OF THIS AGREEMENT.
Plan 9 Open Source License - Version 1.4 - 09/10/02
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