Платформа ЦРНП "Мирокод" для разработки проектов
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220 lines
11 KiB
220 lines
11 KiB
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 CONSTITUTES |
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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 Contribution |
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to the Program. |
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"Distributor" means a Recipient that distributes the Program, modifications |
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to 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, including |
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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 reproduce, |
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prepare derivative works of, publicly display, publicly perform, distribute |
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and sublicense the Contribution of such Contributor, if any, and such derivative |
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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 Licensed |
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Patents to make, use, sell, offer to sell, import and otherwise transfer the |
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Contribution of such Contributor, if any, in source code and object code form. |
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The patent license granted by a Contributor shall also apply to the combination |
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of the Contribution of that Contributor and the Program if, at the time the |
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Contribution is added by the Contributor, such addition of the Contribution |
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causes such combination to be covered by the Licensed Patents. The patent |
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license granted by a Contributor shall not apply to (i) any other combinations |
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which include the Contribution, nor to (ii) Contributions of other Contributors. |
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No hardware per se is licensed hereunder. |
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c. Recipient understands that although each Contributor grants the licenses |
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to its 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 Recipient |
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for claims brought by any other entity based on infringement of intellectual |
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property rights or otherwise. As a condition to exercising the rights and |
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licenses granted hereunder, each Recipient hereby assumes sole responsibility |
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to secure any other intellectual property rights needed, if any. For example, |
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if a third party patent license is required to allow Recipient to distribute |
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the Program, it is Recipient's responsibility to acquire that license before |
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distributing the Program. |
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d. 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 |
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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 |
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copy of this Agreement or Distributor's own license agreement is included |
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with each copy of the Program; and |
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3. if distributed under Distributor's own license agreement, such license |
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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 damages, |
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including direct, indirect, special, incidental and consequential damages, |
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such as lost profits; and |
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c. states that any provisions which differ from this Agreement are offered |
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by 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 |
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its Contribution in a manner that reasonably allows subsequent Recipients |
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to identify the originator of the Contribution. Also, each Contributor must |
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agree that the additions and/or changes are intended to be a Contribution. |
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Once a 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 |
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who includes the Program in a commercial product offering should do so in |
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a manner which does not create potential liability for Contributors. Therefore, |
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if a 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 |
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and costs (collectively "Losses") arising from claims, lawsuits and other |
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legal actions brought by a third party against the Indemnified Contributor |
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to the extent caused by the acts or omissions of such Commercial Distributor |
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in 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 |
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and any related settlement negotiations. The Indemnified Contributor may participate |
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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 warranties |
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related to Product X, those performance claims and warranties are such Commercial |
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Distributor's responsibility alone. Under this section, the Commercial Distributor |
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would have to defend claims against the Contributors related to those performance |
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claims and warranties, and if a court requires any Contributor to pay any |
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damages as a result, the Commercial 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 |
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AN "AS IS" BASIS, WITHOUT WARRANTIES OR CONDITIONS OF ANY KIND, EITHER EXPRESS |
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OR IMPLIED INCLUDING, WITHOUT LIMITATION, ANY WARRANTIES OR CONDITIONS OF |
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TITLE, NON-INFRINGEMENT, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. |
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Each Recipient is solely responsible for determining the appropriateness of |
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using 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 |
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to or loss of data, programs or equipment, and unavailability or interruption |
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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 |
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LOST 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 |
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the terms of this Agreement, and without further action by the parties hereto, |
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such 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 |
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to a patent applicable to software (including a cross-claim or counterclaim |
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in 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 Recipient's rights |
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granted under Section 2(b) shall terminate as of the date such litigation |
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is 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 |
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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 terminate, |
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Recipient agrees to cease use and distribution of the Program as soon as reasonably |
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practicable. However, Recipient's obligations under this Agreement and any |
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licenses granted by Recipient relating to the Program 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 distributed |
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subject to the version of the Agreement under which it was received. In addition, |
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after a new version of the Agreement is published, Contributor may elect to |
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distribute the Program (including its Contributions) under the new version. |
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No one other than LUCENT has the right to modify this Agreement. Except as |
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expressly stated in Sections 2(a) and 2(b) above, Recipient receives no rights |
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or licenses to the intellectual property of any Contributor under this Agreement, |
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whether expressly, by implication, estoppel or otherwise. All rights in the |
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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 intellectual |
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property laws of the United States of America. No party to this Agreement |
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will bring a legal action under this Agreement more than one year after the |
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cause of action arose. Each party waives its rights to a jury trial in any |
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resulting litigation.
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