You can not select more than 25 topics
Topics must start with a letter or number, can include dashes ('-') and can be up to 35 characters long.
247 lines
12 KiB
247 lines
12 KiB
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.
|