LUCENT TECHNOLOGIES INC. MICROMONITOR SOFTWARE PUBLIC LICENSE AGREEMENT

Fri Mar 15 02:59:47 UTC 2002

license-discuss at opensource.org:

1.  Is the LUCENT TECHNOLOGIES INC. MICROMONITOR SOFTWARE PUBLIC LICENSE
    AGREEMENT approved by the Open Source Initiative?

2.  Is there a list of licenses that have been rejected (with reasons
    why)?

David

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LUCENT TECHNOLOGIES INC.
MICROMONITOR SOFTWARE PUBLIC LICENSE AGREEMENT

PLEASE READ THIS AGREEMENT CAREFULLY BEFORE PROCEEDING.  BY CLICKING ON
THE
"ACCEPT" BUTTON BELOW, OR BY DOWNLOADING, INSTALLING, USING, COPYING,
MODIFYING
OR DISTRIBUTING THE SOFTWARE OR DERIVATIVE WORKS THEREOF, YOU ARE
CONSENTING TO
BE BOUND BY THIS AGREEMENT.
IF YOU DO NOT AGREE TO ALL OF THE TERMS OF THIS AGREEMENT, CLICK ON THE
"DO NOT
ACCEPT" BUTTON BELOW AND THE INSTALLATION/DOWNLOAD PROCESS WILL NOT
CONTINUE.

1. DEFINITIONS
1.1 "Agreement" means this Lucent Technologies Inc. MicroMonitor
Software Public License Agreement.
1.2 "Contributor(s)" means any individual or entity that creates or
contributes to a Modification of the Original
Software.
1.3  "Licensee" means an individual or a legal entity entering into and
exercising rights under this Agreement or
future versions thereof.  For the purposes hereunder, Licensee includes
any entity that controls, is controlled by,
or is under common control with Licensee.  For purposes of this
definition, "control" means (i) the power,
direct or indirect, to cause the direction or management of such entity,
whether by contract or otherwise; or (ii)
ownership of fifty percent (50%) or more of the controlling shares or
beneficial ownership of such entity.
Licensee is also referred to herein as "You".
1.4  "Licensed Software" means the Original Software, Modifications, or
any combination of the Original Software
and Modifications.
1.5  "LUCENT" means Lucent Technologies Inc., a Delaware corporation
having an office at 600 Mountain Ave.,
Murray Hill, NJ 07974, its related companies and/or affiliates.
1.6 "MicroMonitor Software" means the software and descriptive HTML
pages and tools that provide an embedded
system developer with a firmware platform which is useful on a wide
variety of different architectures and the
subject matter of this Agreement.
1.7 "Modification(s)" means any addition, deletion, change, or
improvement to the Original Software or prior
Modifications thereto.  Modifications do not include additions to the
Original Software or prior Modifications
which (i) are separate modules of software which may be distributed in
conjunction with Licensed Software; or
(ii) are not derivative works of the Licensed Software itself.
1.8  "Object Code" means machine readable software code.
1.9 "Original Contributor" means LUCENT.
1.10  "Original Software" means the MicroMonitor Software, in both
Source Code form and Object Code form, and
any associated documentation as originally developed by Original
Contributor, and as originally furnished
under this Agreement.
1.11  "Recipient" means any individual or legal entity receiving the
Licensed Software under this Agreement,
including all Contributors, or receiving the Licensed Software under
another license agreement as authorized
herein.
1.12   "Source Code" means human readable software code.

2.0 GRANT OF RIGHTS
2.1 Subject to the terms of this Agreement, Original Contributor grants
to Licensee, a royalty-free, nonexclusive,
non-transferable, worldwide license, subject to third party intellectual
property claims, to use, reproduce,
modify, execute, display, perform, distribute and sublicense, the
Original Software (with or without
Modifications) in Source Code form and/or Object Code form for
commercial and/or non-commercial purposes
subject to the terms of this Agreement.  This grant includes a
nonexclusive and non-transferable license under
any patents which Original Contributor has a right to license and which,
but for this license, are unavoidably
and necessarily infringed by the execution of the inherent functionality
of the Original Software in the form
furnished under this Agreement. Nothing contained herein shall be
construed as conferring by implication,
estoppel or otherwise any license or right under any existing or future
patent claim which is directed to a
combination of the functionality of the Original Software with the
functionality of any other software programs,
or a combination of hardware systems other than the combination of the
Original Software and the hardware or
firmware into which the Original Software is loaded. Distribution of
Licensed Software to third parties pursuant
to this grant shall be subject to the same terms and conditions as set
forth in this Agreement, and may, at your
option, include a reasonable charge for the cost of any media.  You may
also, at your option, charge for any
other software, product or service which includes or incorporates the
Original Software as a part thereof.

2.2 Subject to the terms of this Agreement, each Contributor grants to
Licensee, a royalty-free, nonexclusive, non-
transferable, worldwide license, subject to third party intellectual
property claims, to use, reproduce, modify,
execute, display, perform, distribute and sublicense, Modifications
created by such Contributor in Source Code
form and/or Object Code form for commercial and/or non-commercial
purposes subject to the terms of this
Agreement.  This grant includes a nonexclusive and non-transferable
license under any patents which such
Contributor has a right to license and which, but for this license, are
unavoidably and necessarily infringed by
the execution of the inherent functionality of the Modifications in the
form furnished under this Agreement.
Nothing contained herein shall be construed as conferring by
implication, estoppel or otherwise any license or
right under any existing  or future patent claim which is directed to a
combination of the functionality of the
Modifications with the functionality of any other software programs, or
a combination of hardware systems
other than the combination of Modifications and the hardware or firmware
into which the Modifications are
loaded.   Distribution of Modifications to third parties pursuant to
this grant shall be subject to the same terms
and conditions as set forth in this Agreement, and may, at your option,
include a reasonable charge for the cost
of any media.  You may also, at your option, charge for any other
software, product or service which includes or
incorporates the Original Software as a part thereof.

3.0 DISTRIBUTION OBLIGATIONS
3.1 Modifications which You create or to which You contribute are
governed by the terms of this Agreement and
must be made available under the terms this Agreement in at least the
same form as the Source Code version of
Licensed Software furnished hereunder.  Any distribution by You of the
Source Code version of Licensed
Software must be made under the terms of this Agreement or any future
version of this Agreement under
Section 11.0, and You must include a copy of this Agreement with each
and every copy of such Source Code
version of Licensed Software which You distribute.  You may not offer or
impose any terms on any such
Source Code version of Licensed Software that alters or restricts the
terms of the applicable version of this
Agreement or the Recipients' rights and obligations hereunder.
3.2 You must cause all Licensed Software to which You contribute, i.e.
Your Modifications, to contain a clear
identification, e.g., a separate file, documenting the changes made by
You and identifying You as the
Contributor that reasonably allows subsequent Recipients to identify the
originator of the Modification.  To the
extent You create at least one Modification, You may add Your name as a
Contributor to the requisite notice
described in Section 3.3.
3.3 With respect to Your distribution of Licensed Software (or any
portion thereof), You must include the following
information in a conspicuous location governing such distribution (e.g.,
a separate file) and on all copies of any
Source Code version of Licensed Software You distribute:
"The contents herein includes software initially developed by Lucent
Technologies Inc., and is subject to
the terms of the Lucent Technologies Inc. MicroMonitor Software Public
License Agreement. A copy of
the MicroMonitor Software Public License Agreement is available at:
www.bell-
labs.com/topic/swdist/licenses or by contacting Lucent Technologies at
licenses at research.bell-labs.com.
All software distributed under such Agreement is distributed on an "AS
IS" basis, WITHOUT
WARRANTY OF ANY KIND, either express or implied.  See the MicroMonitor
Software Public
License Agreement for the specific language governing all rights,
obligations and limitations under such
Agreement.
Portions of the software developed by Lucent Technologies Inc. are
Copyright ? 1999-2000.  All rights
reserved.
Contributor(s):___________________________"
3.4 You may distribute Licensed Software in Object Code form using this
Agreement, or under a license of Your
choice provided that You are in compliance with this Agreement and Your
license: (a) complies with the terms
and conditions of this Agreement; (b) does not limit or alter the
Recipient's rights and obligations in the Source
Code version of the Licensed Software set forth in this Agreement; (c)
states that the Source Code version of
the Licensed Software is available from You, and describes how to it may
be obtained by Recipient; (d)
effectively disclaims on behalf of Original Contributor and all
Contributors all warranties and conditions,
express or implied, including warranties or conditions of title or
non-infringement, and implied warranties or
conditions of merchantability and fitness for a particular purpose; (e)
effectively excludes on behalf of Original
Contributor and all Contributors all liability for damages, including
direct, indirect, special, incidental, and
consequential damages; and (f) clearly states that any terms which
differ from this Agreement are offered by
You alone, not by Original Contributor or any other Contributor.  You
hereby agree to indemnify Original
Contributor or any other Contributor for any liability incurred by
Original Contributor or any other Contributor
as result of any such differing terms You offer in Your license.
3.5 You may not use the names "Lucent Technologies", "Bell Labs" or any
other name associated with LUCENT
or any LUCENT trademark for any purposes other than as specifically
provided in Section 3.0.
3.6 You must include all of the original copyright, labels or other
notices on the Licensed Software on any copies of
the Licensed Software which You make; and include with the distribution
of any Modifications You create a
copy (or an offer to provide such a copy at no charge) of the Licensed
Software, on the same terms as set forth
in this Agreement.
3.7 While this Agreement contemplates the commercial use and
distribution of Licensed Software, commercial
distributors of software may, for a variety of reasons, accept certain
responsibilities with respect to customers,
licensees, business partners and the like.  As such, if You or any
Contributor include Licensed Software in a
commercial offering ("Commercial Contributor"), such Commercial
Contributor agrees to defend and
indemnify Original Contributor and all other Contributors  (collectively
"Indemnified Contributors") against
any liability, losses, damages and costs arising from claims, lawsuits
and other legal actions brought by any
third party against the Indemnified Contributors to the extent caused by
the acts or omissions of such
Commercial Contributor in connection with its use or distribution of
Licensed Software in a commercial
offering of any kind.
4.0 MODIFICATIONS.  You agree to provide the Original Contributor, at
its request, with a copy of the complete
Source Code version, Object Code version and related documentation for
Modifications created or contributed to by
You.  Original Contributor and/or other Contributors shall have
unrestricted, nonexclusive, worldwide, perpetual,
royalty-free rights, to use, reproduce, modify, display, perform,
sublicense and distribute Your Modifications, and to
grant third parties the right to do so, including without limitation as
a part of or with the Licensed Software; and
Original Contributor and/or other Contributors shall have the right to
license or to otherwise transfer to third parties
Your  Modifications without notice, obligation or recourse to You.  You
grant to Original Contributor, Contributors
and their respective licensees all rights and licenses (including
patents) as are necessary to incorporate the
Modifications created or contribute by You into the Licensed Software
and to use, distribute or otherwise exploit
such Licensed Software without payment or accounting to You.
5.0  TITLE.  Title, ownership rights, and intellectual property rights
in the Original Software shall remain in the
Original Contributor.  Original Contributor and/or the other
Contributors reserve all rights not expressly granted to
You, and no other licenses are granted or implied.  The Licensed
Software is protected by copyright laws and
treaties.
6.0  TERMINATION
6.1 The licenses and rights granted under this Agreement shall terminate
automatically if (i) You fail to comply
with all of the terms and conditions herein; or (ii) You initiate or
participate in any intellectual property action
against Original Contributor and/or another Contributor.

6.2 The rights and obligations of the parties hereto which by their
nature would continue beyond termination of this
Agreement shall survive and continue after any such termination of this
Agreement.

6.3 Upon termination for any reason, You must destroy all copies of the
Licensed Software in your possession.  All
sublicenses of Licensed Software which were validly granted by You to
third parties under this Agreement shall
survive such termination.

7.0  DISCLAIMER OF WARRANTY.  YOU UNDERSTAND AND ACKNOWLEDGE THAT, TO
THE
FULLEST EXTENT PERMITTED BY LAW, THE LICENSED SOFTWARE IS LICENSED UNDER
THIS
AGREEMENT FREE OF CHARGE ON AN "AS IS" BASIS WITH ALL FAULTS, LATENT AND
PATENT
AND WITHOUT ANY WARRANTY OF ANY TYPE. ORIGINAL CONTRIBUTOR AND THE OTHER
CONTRIBUTORS MAKE NO REPRESENTATIONS OR WARRANTIES, EXPRESSED OR
IMPLIED.  BY
WAY OF EXAMPLE, BUT NOT OF LIMITATION, ORIGINAL CONTRIBUTOR AND THE
OTHER
CONTRIBUTORS MAKE NO REPRESENTATIONS OF MERCHANTABILITY OR FITNESS FOR A
PARTICULAR PURPOSE OR THAT THE USE OF THE LICENSED SOFTWARE WILL NOT
INFRINGE ANY
PATENT OR OTHER INTELLECTUAL PROPERTY RIGHT OF ANY THIRD PARTY AND IT
SHALL BE
THE SOLE RESPONSIBILITY OF YOU TO MAKE SUCH DETERMINATION AS IS
NECESSARY WITH
RESPECT TO THE ACQUISITION OF LICENSES UNDER PATENTS OR OTHER
INTELLECTUAL
PROPERTY RIGHTS OF THIRD PARTIES. ORIGINAL CONTRIBUTOR AND THE OTHER
CONTRIBUTORS DO NOT WARRANT THAT THE FUNCTIONS OF THE LICENSED SOFTWARE
WILL
MEET YOUR REQUIREMENTS OR THAT LICENSED SOFTWARE OPERATION WILL BE
ERROR-FREE
OR UNINTERRUPTED.  YOU ASSUME THE RISK OF ANY AND ALL DAMAGE OR LOSS
FROM USE, OR
INABILITY TO USE, THE LICENSED SOFTWARE.  ORIGINAL CONTRIBUTOR AND THE
OTHER
CONTRIBUTORS BEAR NO RESPONSIBILITY FOR CORRECTING THE LICENSED
SOFTWARE,
SUPPLYING ASSISTANCE FOR FIXING, OR FOR COMMUNICATING KNOWN ERRORS TO
YOU
PERTAINING TO THE LICENSED SOFTWARE FURNISHED HEREUNDER.

ORIGINAL CONTRIBUTOR AND THE OTHER CONTRIBUTORS SHALL NOT BE HELD TO ANY
LIABILITY WITH RESPECT TO ANY PATENT INFRINGEMENT OR ANY OTHER CLAIM
MADE BY YOU
OR ANY THIRD PARTY ON ACCOUNT OF, OR ARISING FROM THE USE OF, THE
LICENSED
SOFTWARE PROVIDED HEREUNDER.

SOME STATES DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE
ABOVE
EXCLUSION MAY NOT APPLY TO YOU.  YOU MAY ALSO HAVE OTHER RIGHTS WHICH
VARY FROM
JURISDICTION TO JURISDICTION.

8.0  LIMITATION OF LIABILITY.  UNDER NO CIRCUMSTANCES AND UNDER NO LEGAL
THEORY,
TORT, CONTRACT, OR OTHERWISE, SHALL ORIGINAL CONTRIBUTOR AND/OR THE
OTHER
CONTRIBUTORS BE LIABLE TO YOU OR ANY OTHER THIRD PARTY FOR DAMAGES OF
ANY KIND
INCLUDING, BUT NOT LIMITED TO, ANY DIRECT, INDIRECT, SPECIAL,
INCIDENTAL, OR
CONSEQUENTIAL DAMAGES OF ANY CHARACTER WHATSOEVER INCLUDING, WITHOUT
LIMITATION, DAMAGES FOR LOSS OF GOODWILL, WORK STOPPAGE, COMPUTER
FAILURE OR
MALFUNCTION, OR ANY AND ALL OTHER COMMERCIAL DAMAGES OR LOSSES, EVEN IF
THE
ORIGINAL CONTRIBUTOR AND/OR ANY OTHER CONTRIBUTORS SHALL HAVE BEEN
INFORMED OF
THE POSSIBILITY OF SUCH DAMAGES, OR FOR ANY CLAIM BY ANY OTHER PARTY.
FURTHERMORE, SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION
OF
INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THIS LIMITATION AND EXCLUSION
MAY NOT
APPLY TO YOU.  TO THE EXTENT THAT ANY EXCLUSION OF DAMAGES ABOVE IS NOT
VALID, YOU
AGREE THAT IN NO EVENT WILL ORIGINAL CONTRIBUTOR'S AND ALL OTHER
CONTRIBUTORS'
TOTAL LIABILITY UNDER OR RELATED TO THIS AGREEMENT EXCEED ONE THOUSAND
DOLLARS
($1000.00 US).
9.0  EXPORT CONTROL.  You acknowledge that the Licensed Software
hereunder is "publicly available" as the
term is defined under the United States export administration
regulations and is not subject to export control under
such laws and regulations.  However, if You modify the Licensed Software
to change (or otherwise affect) such
publicly available status You agree that You alone are responsible for
compliance with the United States export
administration regulations and hereby indemnify the Original Contributor
and all other Contributors for any liability
incurred as a result of Your actions which resulted in any change in the
export status of the Licensed Software as
furnished hereunder.
10.0  U.S. GOVERNMENT RIGHTS.   You may only acquire the Licensed
Software on behalf of, or for delivery
to, any part of the United States Government, if the Licensed Software
is treated as commercial computer software
and licensed to the Government under the terms and conditions of this
Agreement, pursuant to the policies stated in
48 C.F.R. Section 12.212 (October 1995) or 48 C.F.R. Section 227.7202
(June 1995), as applicable.

11.0 LICENSE VERSIONS.  LUCENT, at its sole discretion, may from time to

time publish a revised and/or new
version of this Agreement (each such revised or new version shall carry
a distinguishing version number) which
shall govern  all copies of Licensed Software downloaded after the
posting of such revised or new version of this
Agreement.

12.0  MISCELLANEOUS.  This Agreement sets forth the entire agreement and
understanding between the parties
as to the subject matter hereof and merges all prior discussions between
them. This Agreement shall be governed by
the laws of the State of New York, USA, excluding its conflict of law
provisions.  The application of the United
Nations Convention of Contracts for the International Sale of Goods is
expressly excluded. YOUR DOWNLOAD,
INSTALLATION AND USE, MODIFICATION OR DISTRIBUTION OF THE LICENSED
SOFTWARE IS
EXPRESSLY MADE CONDITIONAL ON YOUR ASSENT TO THE TERMS SET FORTH HEREIN.
You further
agree and acknowledge that by clicking on the "ACCEPT" button below, You
shall have manifested acceptance to
enter into this Agreement and shall be deemed to have manually signed
and executed this Agreement making this an
enforceable Agreement between the parties.  If any provision of this
Agreement is held to be unenforceable, such
provision shall be reformed only to the extent necessary to make it
enforceable.
YOU ACKNOWLEDGE THAT YOU HAVE READ THIS AGREEMENT AND UNDERSTAND IT, AND
THAT
BY CLICKING ON THE "ACCEPT" BUTTON BELOW AND INSTALLING/DOWNLOADING THE
SOFTWARE YOU ACCEPT AND AGREE TO BE BOUND BY THE TERMS AND CONDITIONS OF
THIS
AGREEMENT.
MicroMonitor  Software Public License – Version 1.0 – 12/01/00
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