OpenMotif

THE OPEN GROUP PUBLIC LICENSE
 
MOTIF GRAPHICAL USER 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:
 
1. in the case of The Open Group, L.L.C. ("The Open Group"), the
Original Program, and
 
2. 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.
 
1. 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.
 
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.
 
3. 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.
 
4. 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:
 
fitness for a particular purpose;non-infringement, and implied warranties or conditions of merchantability and conditions, express and implied, including warranties or conditions of title and i. effectively disclaims on behalf of all Contributors all warranties and 
lost profits;including direct, indirect, special, incidental and consequential damages, such as ii. effectively excludes on behalf of all Contributors all liability for damages, 
that Contributor alone and not by any other party; andiii. states that any provisions which differ from this Agreement are offered by 
code form:customarily used for software exchange. When the Program is made available in source informs licensees how to obtain it in a reasonable manner on or through a medium iv. states that source code for the Program is available from such Contributor, and 
    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 Ltd. 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.