This package was debianized by Dirk Eddelbuettel <edd@debian.org>, using
some incompleted earlier work by Jun Yan <jyan@stat.wisc.edu>. Ggobi was
written by Deborah F. Swayne <dfs@research.att.com>, Dianne Cook
<dicook@iastate.edu>, Andreas Buja <andreas@research.att.com> and
Duncan Temple Lang <duncan@research.bell-labs.com>
It was downloaded from <http://www.ggobi.org>
Copyright (C) 1999 - 2008 AT&T, Deborah F. Swayne, Dianne Cook, Andreas Buja and Duncan Temple Lang
Portions Copyright (C) 1986 David W. Scott
License: Common Public License
As of upstream release 1.0-beta-5 (to be read as "the fifth beta
release preparing for 1.0"), Ggobi has switched to the Common Public
License (which had been adopted by Graphviz earlier) making it
suitable for Debian's main distribution. The text of the Common
Public License (as included in the sources of Ggobi as the file
CPLicense.txt) is included below.
Parts of the sources (as e.g. the Gtk extensions) are licensed under
the GNU LGPL (which is also included in the Ggobi sources). The
Rggobi, Perl Ggobi and Python GGobi extensions are licensed under the
GNU GPL (v2).
On Debian GNU/Linux systems, the complete text of the GNU General
Public License can be found in /usr/share/common-licenses/GPL-2, the text
of the GNU Lesser General Public License can be found in
/usr/share/common-licenses/LGPL-2.1.
--------------- Common Public License follows -------------------------------
Common Public License Version 1.0
THE ACCOMPANYING PROGRAM IS PROVIDED UNDER THE TERMS OF THIS COMMON
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 initial Contributor, the initial code and
documentation distributed under this Agreement, and
b) in the case of each subsequent 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, and (ii) are not
derivative works of the Program.
"Contributor" means any person or 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.
"Program" means the Contributions distributed in accordance with this
Agreement.
"Recipient" means anyone who receives the Program under this Agreement,
including all Contributors.
2. GRANT OF RIGHTS
a) Subject to the terms of this Agreement, 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, 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.
Contributors may not remove or alter any copyright notices contained within
the Program.
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, 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 defense 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 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 noncompliance. 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.
Everyone is permitted to copy and distribute copies of this Agreement,
but in order to avoid inconsistency the Agreement is copyrighted and
may only be modified in the following manner. The Agreement Steward
reserves the right to publish new versions (including revisions) of
this Agreement from time to time. No one other than the Agreement
Steward has the right to modify this Agreement. IBM is the initial
Agreement Steward. IBM may assign the responsibility to serve as the
Agreement Steward to a suitable separate entity. 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. 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.
This Agreement is governed by the laws of the State of New York and
the intellectual property laws of the United States of America. 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.
-----------------------------------------------------------------------------
Copyright:
In simple terms, the license under which ggobi is distributed is meant to be
open source. That means you can use it free of charge, modify the code and
even sell it. It is the license under which AT&T is distributing some of its
non-commercial software. However, Debian considers the language of this
license insufficient to meet the Debian Free Software Guidelines.
There are several pieces of software that are involved in the ggobi system,
both on which it depends and which depend on it. These are released under the
following different licenses Package License stand-alone ggobi AT&T Open
Source License embeddable ggobi library AT&T Open Source License
Rggobi, GNU General Public License
Perlggobi,
Pythonggobi
Gtk Extensions GNU Lesser General Public License
On Debian GNU/Linux systems, the complete text of the GNU General
Public License can be found in `/usr/share/common-licenses/GPL-2', the text
of the GNU Lesser General Public License can be found in
`/usr/share/common-licenses/LGPL-2.1.
The AT&T Copyright file is included below, and the Appendix A is included
further below. No other copyright files were part of the original source
tar.gz.
-----------------------------------------------------------------------------
SOURCE CODE AGREEMENT
Version 1.1
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.
1.YOUR REPRESENTATIONS
1.You represent and warrant that:
a.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;
b.You have read and fully understand this Agreement in its entirety;
c.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;
d.To the best of your knowledge, your Build Materials do not
infringe or misappropriate the rights of any person or entity;
and,
e.You will regularly monitor the Website for any notices.
2.DEFINITIONS AND INTERPRETATION
1.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.
a."Additional Code" means Software in source code form which does
not contain any
i.of the Source Code, or
ii.derivative work (such term having the same meaning in
this Agreement as under U.S. Copyright Law) of the Source
Code.
b."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.
c."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.
d."Capsule" means a computer file containing the exact same
contents as the computer file having the name ggobi.tgz,
ggobi.tar.gz or ggobi.zip, which will be downloaded after
accepting, or was opened to access, this Agreement.
e."Derived Product" means a Software Product which is a
derivative work of the Source Code.
f."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.
g."Patch" means Software for changing all or any portion of the
Source Code.
h."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.
You have the right to obtain from the person or entity who
furnished this product to you support and maintenance for the
AT&T Software substantially similar to the support and
maintenance offered by such person or entity with respect to
the rest of this product and/or any other reasonably
comparable products the person or entity distributes. 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."
i."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.
j."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.
k."Source Code" means the Software contained in compressed form
in the Capsule.
l."Website" means the Internet website having the URL
http://www.research.att.com/areas/stat/ggobi. AT&T may
change the content or URL of the Website, or remove it from
the Internet altogether.
2.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").
3.GRANT OF RIGHTS
1.Subject to third party intellectual property claims, if any,
and the terms and conditions of this Agreement, AT&T grants to
you under:
a.the AT&T Patent Claims and AT&T's copyright rights in the
Source Code, a non-exclusive, fully paid-up license to:
i.Reproduce and distribute the Capsule;
ii.Compile the Source Code and execute the resultant
binary Software on a computer;
iii.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,
iv.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, without change, of the Source Code;
and,
b.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.
2.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.
3.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.
4.YOUR OBLIGATIONS
1.You shall only distribute the Capsule and Build Materials
free of charge, without any form of compensation. However, you
may charge for bona fide maintenance and support of the Software
resulting from the Build Materials and, if you furnish the
Capsule or Build Materials on any physical media, you may charge
for your out-of-pocket expense for both the media and shipping.
You may distribute Derived Products for a fair and reasonable
fee.
2.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 a written agreement with
you which includes the minimum terms set forth in Appendix A
(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 4.2 may be in electronic
form.
3.If you prepare a Derived Product that you distribute to a third
party, or if you distribute to a third party any Build Materials
for a Derived Product, you shall make available to such third
party support and maintenance for at least that portion of such
Derived Product or Build Materials which is, or is a derivative
work of, the Source Code. Such support and maintenance shall be
substantially similar to the support and maintenance offered by
you with respect to any other reasonably comparable products that
you distribute. In no event shall you or anyone acting for you, in
any way, indicate to any person or entity that AT&T will support
or maintain any Software and you shall indemnify AT&T for any
expenses, including legal fees, incurred by AT&T as a result of a
breach of this Section 4.3.
4.If you prepare a Patch which you distribute to anyone else you shall:
a.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,
b.Provide AT&T with a copy of such Patch as directed by AT&T,
unless you make it generally available on your Internet
website, in which case, 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.
5.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.
5.YOUR GRANT OF RIGHTS TO AT&T
1.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.
6.AS IS CLAUSE / LIMITATION OF LIABILITY
1.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.
2.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.
3.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&TS LIABILITY IS LIMITED
TO THE GREATEST EXTENT PERMITTED BY LAW.
7.INDEMNIFICATION
1.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.
8.GENERAL
1.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.
2.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.
3.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.
4.You acknowledge that the Source Code and Capsule are subject
to U.S. export laws and regulations and that any use thereof must
be authorized under those laws and regulations. You hereby assure
AT&T that you will not, directly or indirectly, "export" or
"reexport" the Source Code or Capsule to any country, or national
of any country, to which, or to whom, "export" or "reexport" is
prohibited under U.S. export laws and regulations. For purposes
of this Section 8.4, "export" and "reexport" mean transferring or
releasing to another country or to a national of another country
(wherever that person is located) by any means, including
physical, electronic, or otherwise. You represent and warrant that
you are not located in or a national of any such country.
5.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.
6.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.
-----------------------------------------------------------------------------
--------------------------
Appendix A - Minimum Terms
--------------------------
LICENSOR: ______________
LICENSE AGREEMENT
This License Agreement (the "Agreement") provides the terms and conditions
pursuant to which you ("LICENSEE") are granted by LICENSOR a non-exclusive
license to exploit the Build Materials (as defined below). PLEASE READ THIS
AGREEMENT CAREFULLY.
ARTICLE 1.0 - REPRESENTATIONS
1.1. LICENSEE represents and warrants that:
(a) If LICENSEE is an entity, or an individual other than the person
accepting this Agreement, the person accepting this Agreement on LICENSEE's
behalf is a legally authorized representative, duly authorized to accept
agreements of this type on LICENSEE's behalf and obligate LICENSEE to comply
with its provisions;
(b) LICENSEE has read and fully understand this Agreement in its entirety;
and,
(c) LICENSEE's Build Materials are either original or do not include any
Software obtained under a license that conflicts with the obligations
contained in this Agreement;
ARTICLE 2.0 - DEFINITIONS
2.1. "AT&T Source Code Agreement" means the agreement available at the
Internet website having the URL
http://www.research.att.com/areas/stat/ggobi/license/license.html, or
accessed by opening the computer file having the name license.txt, if such
file is furnished to LICENSEE.
2.2. "AT&T Source Code Release" means the computer files owned by AT&T which
can be obtained under license at the Internet website having the URL
http://www.research.att.com/areas/stat/ggobi, or by opening the computer
file having the name ggobi.tgz or ggobi.tar.gz or ggobi.zip, if such file is
furnished to LICENSEE.
2.3. "Build Materials" means the compilation script, Patch files and other
source code files, if any, furnished by LICENSOR to LICENSEE pursuant to
this Agreement. THE BUILD MATERIALS INCLUDE SOFTWARE OR OTHER INFORMATION
PROPRIETARY TO AT&T. LICENSEE'S EXERCISE OF ONE OR MORE OF THE RIGHTS
GRANTED IN SECTION 3.1 OF THIS AGREEMENT WITHOUT
(a) FIRST ENTERING INTO THE AT&T SOURCE CODE AGREEMENT, AND
(b) ABIDING BY THE TERMS AND CONDITIONS OF SUCH AGREEMENT MAY (AND IF
LICENSEE HAS USED ANY PATCH, LICENSEE WILL) INFRINGE OR MISAPPROPRIATE IPR
OWNED OR CONTROLLED BY AT&T.
2.4. "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.
2.5. "Patch" means Software for changing all or any portions of any Software
contained in the AT&T Source Code Release.
2.6. "Software" means any source or object code instructions for controlling
the operation of a central processing unit or computer, or computer files
containing data or text.
ARTICLE 3.0 - GRANT OF RIGHTS TO LICENSEE
3.1. Subject to the terms and conditions of this Agreement, LICENSOR grants
to LICENSEE under any IPR owned or licensable by LICENSOR which relates to
the Build Materials, a non-exclusive license, with the right to sublicense
others, to
(a) make, have made, use, sell and import, any products or services; and
(b) reproduce, distribute, perform and display all or any portion of the
Build Materials, and prepare derivative works based on the Build Materials
and reproduce, distribute, perform and display such derivative works.
ARTICLE 4.0 - LICENSEE'S DISTRIBUTION OBLIGATIONS
4.1. If LICENSEE distributes any products licensed pursuant to this
Agreement or source code required pursuant to Section 4.2(b), LICENSEE shall
ensure that the recipient enters into and duly accepts a written agreement
with LICENSEE which includes the minimum terms set forth in this Agreement
and no other provisions which conflict with the obligations under, or the
intent of, this Agreement.
ARTICLE 5.0 - AS IS CLAUSE / LIMITATION OF LIABILITY
5.1. The Build Materials contain certain software or other information
("AT&T Software") proprietary to AT&T. The AT&T Software is provided to
LICENSEE "AS IS". LICENSEE ASSUMES 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 IPR or TRADEMARK
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 LICENSEE'S REQUIREMENTS.
5.2. 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 AT&T SOFTWARE, EVEN
IF AT&T OR ANY OF ITS AUTHORIZED REPRESENTATIVES HAS BEEN ADVISED OF THE
POSSIBILITY OF SUCH DAMAGES, (a) ANY CLAIM ATTRIBUTABLE TO ERRORS,
OMISSIONS, OR OTHER INACCURACIES IN THE AT&T SOFTWARE, OR (c) ANY CLAIM BY
ANY THIRD PARTY.
5.3. 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.
ARTICLE 6.0 - GENERAL
6.1. LICENSEE shall not assert against AT&T or any of its affiliated
companies any claim for infringement or misappropriation of any IPR or
trademark rights in any way relating to the AT&T Source Code Release.
6.2. LICENSEE'S rights and license (but not any of LICENSEE'S obligations)
under this Agreement shall terminate automatically in the event that (a) any
of LICENSEE'S representations or warranties in Article 1.0 are false or
inaccurate, (b) LICENSEE exceed the rights and license granted to LICENSEE
or (c) LICENSEE fails to fully comply with any provision of this Agreement.
6.3. AT&T shall be entitled, in its own name and without joining LICENSOR as
a party, to enforce against LICENSEE in an action for breach of contract,
any provision of this Agreement which protects, limits the liability of, or
otherwise benefits AT&T. In addition to all other relief available to AT&T
in any such action, AT&T shall be entitled to an injunction requiring
LICENSEE to comply with any such provision.
6.4. 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
party. Any suit or proceeding relating to this Agreement shall be brought
and prosecuted only in New York, New York, USA.
END OF MINIMUM TERMS
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