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.