This package was debianized by Dirk Eddelbuettel , using some incompleted earlier work by Jun Yan . Ggobi was written by Deborah F. Swayne , Dianne Cook , Andreas Buja and Duncan Temple Lang It was downloaded from 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