LICENSE-Graphviz.txt

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. 
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 gviz15.tgz, 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.
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/sw/tools/graphviz. 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. Display, perform, use, and 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 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. 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 
(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. 
2. 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 provide AT&T 
with a copy of such Patch as directed by AT&T; or,
b. 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.
3. 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&T’S 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 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. 
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.