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authorAndrew Wilcox <AWilcox@Wilcox-Tech.com>2016-01-23 23:09:10 -0600
committerAndrew Wilcox <AWilcox@Wilcox-Tech.com>2016-01-23 23:09:10 -0600
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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.