221 lines
12 KiB
Plaintext
221 lines
12 KiB
Plaintext
Lucent Public License Version 1.02
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THE ACCOMPANYING PROGRAM IS PROVIDED UNDER THE TERMS OF THIS PUBLIC LICENSE
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("AGREEMENT"). ANY USE, REPRODUCTION OR DISTRIBUTION OF THE PROGRAM
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CONSTITUTES RECIPIENT'S ACCEPTANCE OF THIS AGREEMENT.
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1. DEFINITIONS
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"Contribution" means:
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a. in the case of Lucent Technologies Inc. ("LUCENT"), the Original Program,
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and
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b. in the case of each Contributor,
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i. changes to the Program, and
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ii. additions to the Program;
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where such changes and/or additions to the Program were added to the Program
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by such Contributor itself or anyone acting on such Contributor's behalf,
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and the Contributor explicitly consents, in accordance with Section 3C, to
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characterization of the changes and/or additions as Contributions.
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"Contributor" means LUCENT and any other entity that has Contributed a
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Contribution to the Program.
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"Distributor" means a Recipient that distributes the Program, modifications to
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the Program, or any part thereof.
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"Licensed Patents" mean patent claims licensable by a Contributor which are
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necessarily infringed by the use or sale of its Contribution alone or when
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combined with the Program.
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"Original Program" means the original version of the software accompanying
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this Agreement as released by LUCENT, including source code, object code and
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documentation, if any.
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"Program" means the Original Program and Contributions or any part thereof
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"Recipient" means anyone who receives the Program under this Agreement,
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including all Contributors.
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2. GRANT OF RIGHTS
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a. Subject to the terms of this Agreement, each Contributor hereby grants
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Recipient a non-exclusive, worldwide, royalty-free copyright license to
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reproduce, prepare derivative works of, publicly display, publicly perform,
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distribute and sublicense the Contribution of such Contributor, if any, and
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such derivative works, in source code and object code form.
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b. Subject to the terms of this Agreement, each Contributor hereby grants
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Recipient a non-exclusive, worldwide, royalty-free patent license under
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Licensed Patents to make, use, sell, offer to sell, import and otherwise
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transfer the Contribution of such Contributor, if any, in source code and
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object code form. The patent license granted by a Contributor shall also apply
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to the combination of the Contribution of that Contributor and the Program if,
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at the time the Contribution is added by the Contributor, such addition of the
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Contribution causes such combination to be covered by the Licensed Patents.
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The patent license granted by a Contributor shall not apply to (i) any other
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combinations which include the Contribution, nor to (ii) Contributions of
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other Contributors. No hardware per se is licensed hereunder.
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c. Recipient understands that although each Contributor grants the licenses to
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its Contributions set forth herein, no assurances are provided by any
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Contributor that the Program does not infringe the patent or other
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intellectual property rights of any other entity. Each Contributor disclaims
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any liability to Recipient for claims brought by any other entity based on
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infringement of intellectual property rights or otherwise. As a condition to
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exercising the rights and licenses granted hereunder, each Recipient hereby
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assumes sole responsibility to secure any other intellectual property rights
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needed, if any. For example, if a third party patent license is required to
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allow Recipient to distribute the Program, it is Recipient's
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responsibility to acquire that license before distributing the Program.
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d. Each Contributor represents that to its knowledge it has sufficient
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copyright rights in its Contribution, if any, to grant the copyright license
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set forth in this Agreement.
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3. REQUIREMENTS
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A. Distributor may choose to distribute the Program in any form under this
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Agreement or under its own license agreement, provided that:
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1. it complies with the terms and conditions of this Agreement;
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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
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3. if distributed under Distributor's own license agreement, such license agreement:
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a. effectively disclaims on behalf of all Contributors all warranties and
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conditions, express and implied, including warranties or conditions of title
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and non-infringement, and implied warranties or conditions of merchantability
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and fitness for a particular purpose;
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b. effectively excludes on behalf of all Contributors all liability for
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damages, including direct, indirect, special, incidental and consequential
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damages, such as lost profits; and
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c. states that any provisions which differ from this Agreement are offered by
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that Contributor alone and not by any other party.
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B. Each Distributor must include the following in a conspicuous location in
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the Program:
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Copyright (C) 2003, Lucent Technologies Inc. and others. All Rights Reserved.
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C. In addition, each Contributor must identify itself as the originator of its
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Contribution in a manner that reasonably allows subsequent Recipients to
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identify the originator of the Contribution. Also, each Contributor must agree
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that the additions and/or changes are intended to be a Contribution. Once a
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Contribution is contributed, it may not thereafter be revoked.
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4. COMMERCIAL DISTRIBUTION
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Commercial distributors of software may accept certain responsibilities with
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respect to end users, business partners and the like. While this license is
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intended to facilitate the commercial use of the Program, the Distributor who
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includes the Program in a commercial product offering should do so in a manner
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which does not create potential liability for Contributors. Therefore, if a
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Distributor includes the Program in a commercial product offering, such
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Distributor ("Commercial Distributor") hereby agrees to defend and indemnify
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every Contributor ("Indemnified Contributor") against any losses, damages and
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costs (collectively "Losses") arising from claims, lawsuits and other legal
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actions brought by a third party against the Indemnified Contributor to the
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extent caused by the acts or omissions of such Commercial Distributor in
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connection with its distribution of the Program in a commercial product
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offering. The obligations in this section do not apply to any claims or Losses
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relating to any actual or alleged intellectual property infringement. In order
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to qualify, an Indemnified Contributor must: a) promptly notify the Commercial
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Distributor in writing of such claim, and b) allow the Commercial Distributor
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to control, and cooperate with the Commercial Distributor in, the defense and
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any related settlement negotiations. The Indemnified Contributor may
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participate in any such claim at its own expense.
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For example, a Distributor might include the Program in a commercial product
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offering, Product X. That Distributor is then a Commercial Distributor. If
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that Commercial Distributor then makes performance claims, or offers
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warranties related to Product X, those performance claims and warranties are
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such Commercial Distributor's responsibility alone. Under this section,
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the Commercial Distributor would have to defend claims against the
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Contributors related to those performance claims and warranties, and if a
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court requires any Contributor to pay any damages as a result, the Commercial
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Distributor must pay those damages.
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5. NO WARRANTY
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EXCEPT AS EXPRESSLY SET FORTH IN THIS AGREEMENT, THE PROGRAM IS PROVIDED ON AN
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"AS IS" BASIS, WITHOUT WARRANTIES OR CONDITIONS OF ANY KIND, EITHER EXPRESS OR
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IMPLIED INCLUDING, WITHOUT LIMITATION, ANY WARRANTIES OR CONDITIONS OF TITLE,
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NON-INFRINGEMENT, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. Each
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Recipient is solely responsible for determining the appropriateness of using
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and distributing the Program and assumes all risks associated with its
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exercise of rights under this Agreement, including but not limited to the
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risks and costs of program errors, compliance with applicable laws, damage to
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or loss of data, programs or equipment, and unavailability or interruption of
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operations.
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6. DISCLAIMER OF LIABILITY
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EXCEPT AS EXPRESSLY SET FORTH IN THIS AGREEMENT, NEITHER RECIPIENT NOR ANY
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CONTRIBUTORS SHALL HAVE ANY LIABILITY FOR ANY DIRECT, INDIRECT, INCIDENTAL,
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SPECIAL, EXEMPLARY, OR CONSEQUENTIAL DAMAGES (INCLUDING WITHOUT LIMITATION
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LOST PROFITS), HOWEVER CAUSED AND ON ANY THEORY OF LIABILITY, WHETHER IN
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CONTRACT, STRICT LIABILITY, OR TORT (INCLUDING NEGLIGENCE OR OTHERWISE)
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ARISING IN ANY WAY OUT OF THE USE OR DISTRIBUTION OF THE PROGRAM OR THE
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EXERCISE OF ANY RIGHTS GRANTED HEREUNDER, EVEN IF ADVISED OF THE POSSIBILITY
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OF SUCH DAMAGES.
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7. EXPORT CONTROL
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Recipient agrees that Recipient alone is responsible for compliance with the
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United States export administration regulations (and the export control laws
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and regulation of any other countries).
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8. GENERAL
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If any provision of this Agreement is invalid or unenforceable under
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applicable law, it shall not affect the validity or enforceability of the
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remainder of the terms of this Agreement, and without further action by the
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parties hereto, such provision shall be reformed to the minimum extent
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necessary to make such provision valid and enforceable.
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If Recipient institutes patent litigation against a Contributor with respect
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to a patent applicable to software (including a cross-claim or counterclaim in
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a lawsuit), then any patent licenses granted by that Contributor to such
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Recipient under this Agreement shall terminate as of the date such litigation
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is filed. In addition, if Recipient institutes patent litigation against any
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entity (including a cross-claim or counterclaim in a lawsuit) alleging that
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the Program itself (excluding combinations of the Program with other software
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or hardware) infringes such Recipient's patent(s), then such
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Recipient's rights granted under Section 2(b) shall terminate as of the
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date such litigation is filed.
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All Recipient's rights under this Agreement shall terminate if it fails
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to comply with any of the material terms or conditions of this Agreement and
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does not cure such failure in a reasonable period of time after becoming aware
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of such noncompliance. If all Recipient's rights under this Agreement
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terminate, Recipient agrees to cease use and distribution of the Program as
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soon as reasonably practicable. However, Recipient's obligations under
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this Agreement and any licenses granted by Recipient relating to the Program
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shall continue and survive.
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LUCENT may publish new versions (including revisions) of this Agreement from
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time to time. Each new version of the Agreement will be given a distinguishing
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version number. The Program (including Contributions) may always be
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distributed subject to the version of the Agreement under which it was
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received. In addition, after a new version of the Agreement is published,
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Contributor may elect to distribute the Program (including its Contributions)
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under the new version. No one other than LUCENT has the right to modify this
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Agreement. Except as expressly stated in Sections 2(a) and 2(b) above,
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Recipient receives no rights or licenses to the intellectual property of any
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Contributor under this Agreement, whether expressly, by implication, estoppel
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or otherwise. All rights in the Program not expressly granted under this
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Agreement are reserved.
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This Agreement is governed by the laws of the State of New York and the
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intellectual property laws of the United States of America. No party to this
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Agreement will bring a legal action under this Agreement more than one year
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after the cause of action arose. Each party waives its rights to a jury trial
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in any resulting litigation.
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