214 lines
11 KiB
Plaintext
214 lines
11 KiB
Plaintext
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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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in the case of Lucent Technologies Inc. ("LUCENT"), the Original
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Program, and
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in the case of each Contributor,
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changes to the Program, and
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additions to the Program;
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where such changes and/or additions to the Program were added to the Program by
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such Contributor itself or anyone acting on such Contributor's behalf, and the
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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
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a Contribution to the Program.
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"Distributor" means a Recipient that distributes the Program,
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modifications to the Program, or any part thereof.
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"Licensed Patents" mean patent claims licensable by a Contributor
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which are necessarily infringed by the use or sale of its Contribution alone or
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when combined with the Program.
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"Original Program" means the original version of the software
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accompanying this Agreement as released by LUCENT, including source code,
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object code and documentation, if any.
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"Program" means the Original Program and Contributions or any part
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thereof
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"Recipient" means anyone who receives the Program under this
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Agreement, including all Contributors.
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2. GRANT OF RIGHTS
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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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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. The
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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 other
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Contributors. No hardware per se is licensed hereunder.
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Recipient understands that although each Contributor grants the licenses to its
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Contributions set forth herein, no assurances are provided by any Contributor
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that the Program does not infringe the patent or other intellectual property
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rights of any other entity. Each Contributor disclaims any liability to
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Recipient for claims brought by any other entity based on infringement of
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intellectual property rights or otherwise. As a condition to exercising the
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rights and licenses granted hereunder, each Recipient hereby assumes sole
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responsibility to secure any other intellectual property rights needed, if any.
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For example, if a third party patent license is required to allow Recipient to
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distribute the Program, it is Recipient's responsibility to acquire that
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license before distributing the Program.
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Each Contributor represents that to its knowledge it has sufficient copyright
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rights in its Contribution, if any, to grant the copyright license set forth in
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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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it complies with the terms and conditions of this Agreement;
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if the Program is distributed in source code or other tangible form, a copy of
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this Agreement or Distributor's own license agreement is included with each
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copy of the Program; and
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if distributed under Distributor's own license agreement, such license
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agreement:
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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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effectively excludes on behalf of all Contributors all liability for damages,
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including direct, indirect, special, incidental and consequential damages, such
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as lost profits; and
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states that any provisions which differ from this Agreement are offered by that
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Contributor alone and not by any other party.
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B. Each Distributor must include the following in a conspicuous location in the
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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
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indemnify every Contributor ("Indemnified Contributor") against any
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losses, damages and costs (collectively "Losses") arising from
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claims, lawsuits and other legal actions brought by a third party against the
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Indemnified Contributor to the extent caused by the acts or omissions of such
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Commercial Distributor in connection with its distribution of the Program in a
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commercial product offering. The obligations in this section do not apply to
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any claims or Losses relating to any actual or alleged intellectual property
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infringement. In order to qualify, an Indemnified Contributor must: a) promptly
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notify the Commercial Distributor in writing of such claim, and b) allow the
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Commercial Distributor to control, and cooperate with the Commercial
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Distributor in, the defense and any related settlement negotiations. The
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Indemnified Contributor may 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 that
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Commercial Distributor then makes performance claims, or offers warranties
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related to Product X, those performance claims and warranties are such
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Commercial Distributor's responsibility alone. Under this section, the
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Commercial Distributor would have to defend claims against the Contributors
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related to those performance claims and warranties, and if a court requires any
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Contributor to pay any damages as a result, the Commercial Distributor must pay
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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
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EXPRESS OR IMPLIED INCLUDING, WITHOUT LIMITATION, ANY WARRANTIES OR CONDITIONS
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OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY OR FITNESS FOR A PARTICULAR
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PURPOSE. Each Recipient is solely responsible for determining the
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appropriateness of using and distributing the Program and assumes all risks
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associated with its exercise of rights under this Agreement, including but not
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limited to the risks and costs of program errors, compliance with applicable
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laws, damage to or loss of data, programs or equipment, and unavailability or
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interruption of 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 LOST
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PROFITS), HOWEVER CAUSED AND ON ANY THEORY OF LIABILITY, WHETHER IN CONTRACT,
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STRICT LIABILITY, OR TORT (INCLUDING NEGLIGENCE OR OTHERWISE) ARISING IN ANY
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WAY OUT OF THE USE OR DISTRIBUTION OF THE PROGRAM OR THE EXERCISE OF ANY RIGHTS
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GRANTED HEREUNDER, EVEN IF ADVISED OF THE POSSIBILITY 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 applicable
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law, it shall not affect the validity or enforceability of the remainder of the
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terms of this Agreement, and without further action by the parties hereto, such
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provision shall be reformed to the minimum extent necessary to make such
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provision valid and enforceable.
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If Recipient institutes patent litigation against a Contributor with respect to
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a patent applicable to software (including a cross-claim or counterclaim in a
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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 the
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Program itself (excluding combinations of the Program with other software or
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hardware) infringes such Recipient's patent(s), then such Recipient's rights
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granted under Section 2(b) shall terminate as of the date such litigation is
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filed.
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All Recipient's rights under this Agreement shall terminate if it fails to
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comply with any of the material terms or conditions of this Agreement and does
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not cure such failure in a reasonable period of time after becoming aware of
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such noncompliance. If all Recipient's rights under this Agreement terminate,
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Recipient agrees to cease use and distribution of the Program as soon as
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reasonably practicable. However, Recipient's obligations under this Agreement
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and any licenses granted by Recipient relating to the Program shall continue
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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 distributed
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subject to the version of the Agreement under which it was received. In
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addition, after a new version of the Agreement is published, Contributor may
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elect to distribute the Program (including its Contributions) under the new
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version. No one other than LUCENT has the right to modify this Agreement.
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Except as expressly stated in Sections 2(a) and 2(b) above, Recipient receives
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no rights or licenses to the intellectual property of any Contributor under
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this Agreement, whether expressly, by implication, estoppel or otherwise. All
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rights in the Program not expressly granted under this 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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