| 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 |
| |
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| |
| |
| 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 |