v2/licenses/LPL-1.02.txt

Lucent Public License Version 1.02

THE ACCOMPANYING PROGRAM IS PROVIDED UNDER THE TERMS OF THIS 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 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 a
Contribution 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 Contributor which are
necessarily infringed by the use or sale of its Contribution alone or when
combined with the Program.

"Original Program" means the original version of the software accompanying
this Agreement as released by LUCENT, including source code, object code and
documentation, if any.

"Program" means the Original Program and Contributions or any part thereof

"Recipient" means anyone who receives the Program under this Agreement,
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. REQUIREMENTS 

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

1. it complies with the terms and conditions of this Agreement;   
2. 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   
3. if distributed under Distributor's own license agreement, such license agreement: 

a. 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;

b. effectively excludes on behalf of all Contributors all liability for
damages, including direct, indirect, special, incidental and consequential
damages, such as lost profits; and

c. 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 the originator of its
Contribution in a manner that reasonably allows subsequent Recipients to
identify the originator of the Contribution. Also, each Contributor must agree
that the additions and/or changes are intended to be a Contribution. Once a
Contribution is contributed, it may not thereafter be revoked.

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, the Distributor who
includes the Program in a commercial product offering should do so in a manner
which does not create potential liability for Contributors. Therefore, if a
Distributor includes the Program in a commercial product offering, such
Distributor ("Commercial Distributor") hereby agrees to defend and indemnify
every 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 Distributor 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
Distributor in writing of such claim, and b) allow the Commercial Distributor
to control, and cooperate with the Commercial Distributor in, the defense and
any related settlement negotiations. The Indemnified Contributor may
participate in any such claim at its own expense.

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

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

8. 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 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 noncompliance. 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.

LUCENT 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 LUCENT 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.

This Agreement is governed by the laws of the State of New York and the
intellectual property laws of the United States of America. 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.