| THE OPEN GROUP PUBLIC LICENSE |
| |
| Motif User Graphical Interface SOFTWARE |
| |
| THE ACCOMPANYING PROGRAM IS PROVIDED UNDER THE TERMS OF THIS |
| THE OPEN GROUP PUBLIC LICENSE ("AGREEMENT"). ANY USE, REPRODUCTION OR |
| DISTRIBUTION OF THE PROGRAM CONSTITUTES RECIPIENT'S ACCEPTANCE OF THIS |
| AGREEMENT. |
| |
| 1. DEFINITIONS |
| |
| "Contribution" means: |
| |
| a. in the case of The Open Group, L.L.C. ("The Open Group"), 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 originate from and |
| are distributed by that particular Contributor. A Contribution |
| 'originates' from a Contributor if it was added to the Program by such |
| Contributor itself or anyone acting on such Contributor's behalf. |
| 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, even if the separate |
| modules are linked in binary form to the Program, and |
| ii. are not derivative works of the Program. |
| |
| "Contributor" means The Open Group and any other entity that distributes |
| the Program. |
| |
| "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. |
| |
| "Open Source" programs mean software for which the source code is |
| available without confidential or trade secret restrictions and for |
| which the source code and object code are available for distribution |
| without license charges. |
| |
| "Original Program" means the original version of the software |
| accompanying this Agreement as released by The Open Group, including |
| source code, object code and documentation, if any. |
| |
| "Program" means the Original Program and Contributions. |
| |
| "Recipient" means anyone who receives the Program under this Agreement, |
| including all Contributors. |
| |
| 2. GRANT OF RIGHTS |
| |
| The rights granted under this license are limited solely to distribution |
| and sublicensing of the Contribution(s) on, with, or for operating |
| systems which are themselves Open Source programs. Contact The Open |
| Group for a license allowing distribution and sublicensing of the |
| Original Program on, with, or for operating systems which are not Open |
| Source programs. |
| |
| a. Subject to the terms of this Agreement and the limitations of this |
| Section 2, 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 and the limitations of this |
| Section 2, 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. This patent license shall apply to the combination of the |
| Contribution 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 |
| shall not apply to any other combinations which include the |
| Contribution. 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. REQUIREMENTS |
| |
| A Contributor may choose to distribute the Program in object code form |
| under its own license agreement, provided that: |
| |
| a. it complies with the terms and conditions of this Agreement; and |
| |
| b. its 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; |
| iii. states that any provisions which differ from this Agreement are |
| offered by that Contributor alone and not by any other party; and |
| iv. states that source code for the Program is available from such |
| Contributor, and informs licensees how to obtain it in a reasonable |
| manner on or through a medium customarily used for software |
| exchange. |
| |
| When the Program is made available in source code form: |
| |
| a. it must be made available under this Agreement; and |
| |
| b. a copy of this Agreement must be included with each copy of the |
| Program. |
| |
| Each Contributor must include the following in a conspicuous location in |
| the Program: |
| |
| Copyright (c) {date here}, The Open Group and others. All Rights |
| Reserved. |
| |
| In addition, each Contributor must identify itself as the originator of |
| its Contribution, if any, in a manner that reasonably allows subsequent |
| Recipients to identify the originator of the Contribution. |
| |
| 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, |
| subject to the limitations provided in Section 2, the Contributor who |
| includes the Program in a commercial product offering should do so in a |
| manner which does not create potential liability for other Contributors. |
| Therefore, if a Contributor includes the Program in a commercial product |
| offering, such Contributor ("Commercial Contributor") hereby agrees to |
| defend and indemnify every other 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 Contributor 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 Contributor in writing of such |
| claim, and |
| |
| b. allow the Commercial Contributor to control, and cooperate with the |
| Commercial Contributor in, the defence and any related settlement |
| negotiations. |
| |
| The Indemnified Contributor may participate in any such claim at its own |
| expense. |
| |
| For example, a Contributor might include the Program in a commercial |
| product offering, Product X. That Contributor is then a Commercial |
| Contributor. If that Commercial Contributor then makes performance |
| claims, or offers warranties related to Product X, those performance |
| claims and warranties are such Commercial Contributor's responsibility |
| alone. Under this section, the Commercial Contributor would have to |
| defend claims against the other Contributors related to those |
| performance claims and warranties, and if a court requires any other |
| Contributor to pay any damages as a result, the Commercial Contributor |
| must pay those damages. |
| |
| 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. |
| |
| 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. |
| |
| 7. 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 or other similar official |
| proceedings to enforce patent rights 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 non-compliance. 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. |
| |
| The Open Group 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 The Open Group 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. |
| |
| 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. |