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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.