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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.