Appendix D. AT&T ast Source Code License Agreement
SOURCE CODE AGREEMENT
Version 1.2D
PLEASE READ THIS AGREEMENT CAREFULLY. By accessing and using the
Source Code,
you accept this Agreement in its entirety and
agree to only use the
Source Code
in accordance with the
following terms and conditions. If you do not wish to be bound by these
terms and conditions, do not access or use the
Source Code.
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YOUR REPRESENTATIONS
You represent and warrant that:
If you are an entity, or an individual other than the person accepting
this Agreement, the person accepting this Agreement on your behalf is your
legally authorized representative, duly authorized to accept agreements of
this type on your behalf and obligate you to comply with its provisions;
You have read and fully understand this Agreement in its entirety;
Your Build Materials
are either original or do not include any
Software
obtained under a
license that conflicts with the obligations contained in this Agreement;
To the best of your knowledge, your
Build Materials
do not infringe or misappropriate the rights of any person or entity; and,
You will regularly monitor the
Website
for any notices.
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DEFINITIONS AND INTERPRETATION
For purposes of this Agreement, certain terms have been defined below and
elsewhere in this Agreement to encompass meanings that may differ from,
or be in addition to, the normal connotation of the defined word.
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"Additional Code"
means
Software
in source code form which does not contain any
of the Source Code, or
derivative work (such term having the same meaning in this Agreement as under U.S. Copyright Law) of the
Source Code.
"AT&T Patent Claims"
means those claims of patents (i) owned by AT&T and (ii) licensable
without restriction or obligation, which, absent a license, are
necessarily and unavoidably infringed by the use of the functionality
of the
Source Code.
"Build Materials"
means, with reference to a
Derived Product,
the
Patch
and
Additional Code,
if any, used in the preparation of such
Derived Product,
together with written instructions that
describe, in reasonable detail, such preparation.
"Capsule"
means a computer file containing the exact same contents as a computer file downloaded from the
Website.
"Derived Product"
means a
Software Product
which is a derivative work of the
Source Code.
"IPR"
means all rights protectable under intellectual property law anywhere
throughout the world, including rights protectable under patent, copyright
and trade secret laws, but not trademark rights.
"Patch"
means
Software
for
changing
all or any portion of the
Source Code.
"Proprietary Notice"
means the following statement:
"This product contains certain software code or other information
("AT&T Software") proprietary to AT&T Corp. ("AT&T"). The
AT&T Software is provided to you "AS IS". YOU ASSUME TOTAL
RESPONSIBILITY AND RISK FOR USE OF THE AT&T SOFTWARE. AT&T DOES
NOT MAKE, AND EXPRESSLY DISCLAIMS, ANY EXPRESS OR IMPLIED WARRANTIES
OF ANY KIND WHATSOEVER, INCLUDING, WITHOUT LIMITATION, THE IMPLIED
WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE,
WARRANTIES OF TITLE OR NON-INFRINGEMENT OF ANY INTELLECTUAL PROPERTY
RIGHTS, ANY WARRANTIES ARISING BY USAGE OF TRADE, COURSE OF DEALING OR
COURSE OF PERFORMANCE, OR ANY WARRANTY THAT THE AT&T SOFTWARE IS
"ERROR FREE" OR WILL MEET YOUR REQUIREMENTS.
Unless you accept a license to use the AT&T Software, you shall not
reverse compile, disassemble or otherwise reverse engineer this product
to ascertain the source code for any AT&T Software.
© AT&T Corp. All rights reserved. AT&T is a registered trademark of AT&T Corp."
"Software"
means, as the context may require, source or object code instructions
for controlling the operation of a central processing unit or computer,
and computer files containing data or text.
"Software Product"
means a collection of computer files containing
Software
in object code form only, which, taken together, reasonably comprise
a product, regardless of whether such product is intended for internal
use or commercial exploitation. A single computer file can comprise a
Software Product.
"Source Code"
means the
Software
contained in compressed form in the
Capsule.
"Website"
means the Internet website having the URL
http://www.research.att.com/sw/download/.
AT&T may
change
the content or URL of the
Website,
or remove it from the Internet altogether.
By way of clarification only, the terms
Capsule,
Proprietary Notice
and
Source Code
when used in this Agreement shall mean the materials and information
defined by such terms without any change, enhancement, amendment,
alteration or modification (collectively,
"change").
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GRANT OF RIGHTS
Subject to third party intellectual property claims, if any, and
the terms and conditions of this Agreement, AT&T grants to you
under:
the
AT&T Patent Claims
and AT&T's copyright rights in the
Source Code,
a non-exclusive, fully paid-up license to:
Reproduce and distribute the
Capsule;
Display, perform, use, and compile the
Source Code
and execute the resultant binary
Software
on a computer;
Prepare a
Derived Product
solely by compiling
Additional Code,
if any, together with the code resulting from operating a
Patch
on the
Source Code;
and,
Execute on a computer and distribute to others
Derived Products,
except that, with respect to the
AT&T Patent Claims,
the license rights granted in clauses
(iii) and (iv) above shall only extend, and be limited, to that portion
of a
Derived Product
which is
Software
compiled from some
portion of the
Source Code; and,
AT&T's copyright rights in the
Source Code,
a non-exclusive, fully paid-up license to
prepare and distribute
Patches
for the
Source Code.
Subject to the terms and conditions of this Agreement, you may
create a hyperlink between an Internet website owned and controlled
by you and the
Website,
which hyperlink describes in a fair and good faith manner
where the
Capsule
and
Source Code
may be obtained, provided that, you do not frame the
Website
or otherwise give the
false impression that AT&T is somehow associated with, or otherwise
endorses or sponsors your website. Any goodwill associated with such
hyperlink shall inure to the sole benefit of AT&T. Other than the
creation of such hyperlink, nothing in this Agreement shall be construed
as conferring upon you any right to use any reference to AT&T, its
trade names, trademarks, service marks or any other indicia of origin
owned by AT&T, or to indicate that your products or services are in
any way sponsored, approved or endorsed by, or affiliated with, AT&T.
Except as expressly set forth in Section 3.1 above, no other rights or licenses under any of AT&T's
IPR
are granted or, by implication, estoppel or otherwise, conferred. By way
of example only, no rights or licenses under any of AT&T's patents
are granted or, by implication, estoppel or otherwise, conferred with
respect to any portion of a
Derived Product
which is
not
Software
compiled from some portion, without
change,
of the
Source Code.
YOUR OBLIGATIONS
If you distribute
Build Materials
(including if you are required to do so pursuant to this Agreement),
you shall ensure that the recipient enters into and duly accepts an
agreement with you which includes the minimum terms set forth in
Appendix A
(http://www.research.att.com/sw/license/ast-terms.html)
(completed to indicate you as the LICENSOR) and no other provisions
which, in AT&T's opinion, conflict with your obligations under,
or the intent of, this Agreement. The agreement required under this
Section 4.1 may be in electronic form and may be distributed with the
Build Materials
in a form such that the recipient accepts the agreement by using or installing the
Build Materials.
If any
Additional Code
contained in your
Build Materials
includes
Software
you obtained under license, the agreement shall also include complete
details concerning the license and any restrictions or obligations
associated with such
Software.
If you prepare a
Patch
which you distribute to anyone else you shall:
Contact AT&T, as may be provided on the
Website
or in a text file included with the
Source Code,
and describe for AT&T such
Patch
and provide AT&T with a copy of such
Patch
as directed by AT&T; or,
Where you make your
Patch
generally available on your Internet website, you shall provide AT&T
with the URL of your website and hereby grant to AT&T a non-exclusive,
fully-paid up right to create a hyperlink between your website and a
page associated with the
Website.
If you prepare a
Derived Product,
such product shall conspicuously display to users, and any corresponding
documentation and license agreement shall include as a provision, the
Proprietary Notice.
YOUR GRANT OF RIGHTS TO AT&T
You grant to AT&T under any
IPR
owned or licensable by you which in any way relates to your
Patches,
a non-exclusive, perpetual, worldwide, fully paid-up, unrestricted,
irrevocable license, along with the right to sublicense others, to
(a) make, have made, use, offer to sell, sell and import any products,
services or any combination of products or services, and (b) reproduce,
distribute, prepare derivative works based on, perform, display and
transmit your Patches in any media whether now known or in the future
developed.
AS IS CLAUSE / LIMITATION OF LIABILITY
The
Source Code
and
Capsule
are provided to you "AS IS". YOU ASSUME TOTAL RESPONSIBILITY AND RISK
FOR YOUR USE OF THEM INCLUDING THE RISK OF ANY DEFECTS OR INACCURACIES
THEREIN. AT&T DOES NOT MAKE, AND EXPRESSLY DISCLAIMS, ANY EXPRESS OR
IMPLIED WARRANTIES OF ANY KIND WHATSOEVER, INCLUDING, WITHOUT LIMITATION,
THE IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR
PURPOSE, WARRANTIES OF TITLE OR NON-INFRINGEMENT OF ANY
IPR
OR TRADEMARK RIGHTS, ANY WARRANTIES ARISING BY USAGE OF TRADE, COURSE
OF DEALING OR COURSE OF PERFORMANCE, OR ANY WARRANTY THAT THE
SOURCE CODE
OR
CAPSULE
ARE "ERROR FREE" OR WILL MEET YOUR REQUIREMENTS.
IN NO EVENT SHALL AT&T BE LIABLE FOR (a) ANY INCIDENTAL,
CONSEQUENTIAL, OR INDIRECT DAMAGES (INCLUDING, WITHOUT LIMITATION,
DAMAGES FOR LOSS OF PROFITS, BUSINESS INTERRUPTION, LOSS OF PROGRAMS
OR INFORMATION, AND THE LIKE) ARISING OUT OF THE USE OF OR INABILITY TO
USE THE
SOURCE CODE
OR
CAPSULE,
EVEN IF AT&T OR ANY OF ITS AUTHORIZED REPRESENTATIVES HAS BEEN ADVISED
OF THE POSSIBILITY OF SUCH DAMAGES, (b) ANY CLAIM ATTRIBUTABLE TO ERRORS,
OMISSIONS, OR OTHER INACCURACIES IN THE
SOURCE CODE
OR
CAPSULE,
OR (c) ANY CLAIM BY ANY THIRD PARTY.
BECAUSE SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY
FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATIONS MAY
NOT APPLY TO YOU. IN THE EVENT THAT APPLICABLE LAW DOES NOT ALLOW THE
COMPLETE EXCLUSION OR LIMITATION OF LIABILITY OF CLAIMS AND DAMAGES
AS SET FORTH IN THIS AGREEMENT, AT&T'S LIABILITY IS LIMITED TO THE
GREATEST EXTENT PERMITTED BY LAW.
INDEMNIFICATION
You shall indemnify and hold harmless AT&T, its affiliates and
authorized representatives against any claims, suits or proceedings
asserted or commenced by any third party and arising out of, or relating
to, your use of the
Source Code.
This obligation shall include indemnifying against all damages, losses,
costs and expenses (including attorneys' fees) incurred by AT&T,
its affiliates and authorized representatives as a result of any such
claims, suits or proceedings, including any costs or expenses incurred
in defending against any such claims, suits, or proceedings.
GENERAL
You shall not assert against AT&T, its affiliates or authorized
representatives any claim for infringement or misappropriation of any
IPR
or trademark rights in any way relating to the
Source Code,
including any such claims relating to any
Patches.
In the event that any provision of this Agreement is deemed illegal or
unenforceable, AT&T may, but is not obligated to, post on the
Website
a new version of this Agreement which, in AT&T's opinion, reasonably
preserves the intent of this Agreement.
Your rights and license (but not any of your obligations) under this
Agreement shall terminate automatically in the event that (a) notice of
a non-frivolous claim by a third party relating to the
Source Code
or
Capsule
is posted on the
Website,
(b) you have knowledge of any such claim, (c) any of your representations
or warranties in Article 1.0 or Section 8.4 are false or inaccurate,
(d) you exceed the rights and license granted to you or (e) you fail
to fully comply with any provision of this Agreement. Nothing in this
provision shall be construed to restrict you, at your option and subject
to applicable law, from replacing the portion of the Source Code that
is the subject of a claim by a third party with non-infringing code or
from independently negotiating for necessary rights from the third party.
You acknowledge that the
Source Code
and
Capsule
may be subject to U.S. export laws and regulations, and, accordingly,
you hereby assure AT&T that you will not, directly or indirectly,
violate any applicable U.S. laws and regulations.
Without limiting any of AT&T's rights under this Agreement or at law
or in equity, or otherwise expanding the scope of the license and rights
granted hereunder, if you fail to perform any of your obligations under
this Agreement with respect to any of your
Patches
or
Derived Products,
or if you do any act which exceeds the scope of the license and rights granted herein, then such
Patches,
Derived Products
and acts are not licensed or otherwise authorized under this Agreement
and such failure shall also be deemed a breach of this Agreement. In
addition to all other relief available to it for any breach of your
obligations under this Agreement, AT&T shall be entitled to an
injunction requiring you to perform such obligations.
This Agreement shall be governed by and construed in accordance with
the laws of the State of New York, USA, without regard to its conflicts
of law rules. This Agreement shall be fairly interpreted in accordance
with its terms and without any strict construction in favor of or against
either AT&T or you. Any suit or proceeding you bring relating to this
Agreement shall be brought and prosecuted only in New York, New York, USA.
Copyright © 2003 O'Reilly & Associates. All rights reserved.
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