|
|
- Red Hat eCos Public License v1.1
-
- 1. DEFINITIONS
-
- 1.1. "Contributor" means each entity that creates or contributes to the creation
- of Modifications.
-
- 1.2. "Contributor Version" means the combination of the Original Code, prior
- Modifications used by a Contributor, and the Modifications made by that particular
- Contributor.
-
- 1.3. "Covered Code" means the Original Code or Modifications or the combination
- of the Original Code and Modifications, in each case including portions thereof.
-
- 1.4. "Electronic Distribution Mechanism" means a mechanism generally accepted
- in the software development community for the electronic transfer of data.
-
- 1.5. "Executable" means Covered Code in any form other than Source Code.
-
- 1.6. "Initial Developer" means the individual or entity identified as the
- Initial Developer in the Source Code notice required by Exhibit A.
-
- 1.7. "Larger Work" means a work which combines Covered Code or portions thereof
- with code not governed by the terms of this License.
-
- 1.8. "License" means this document.
-
- 1.9. "Modifications" means any addition to or deletion from the substance
- or structure of either the Original Code or any previous Modifications. When
- Covered Code is released as a series of files, a Modification is:
-
- A. Any addition to or deletion from the contents of a file containing Original
- Code or previous Modifications.
-
- B. Any new file that contains any part of the Original Code or previous Modifications.
-
- 1.10. "Original Code" means Source Code of computer software code which is
- described in the Source Code notice required by Exhibit A as Original Code,
- and which, at the time of its release under this License is not already Covered
- Code governed by this License.
-
- 1.11. "Source Code" means the preferred form of the Covered Code for making
- modifications to it, including all modules it contains, plus any associated
- interface definition files, scripts used to control compilation and installation
- of an Executable, or a list of source code differential comparisons against
- either the Original Code or another well known, available Covered Code of
- the Contributor's choice. The Source Code can be in a compressed or archival
- form, provided the appropriate decompression or de-archiving software is widely
- available for no charge.
-
- 1.12. "You" means an individual or a legal entity exercising rights under,
- and complying with all of the terms of, this License or a future version of
- this License issued under Section 6.1. For legal entities, "You" includes
- any entity which controls, is controlled by, or is under common control with
- You. For purposes of this definition, "control" means (a) the power, direct
- or indirect, to cause the direction or management of such entity, whether
- by contract or otherwise, or (b) ownership of fifty percent (50%) or more
- of the outstanding shares or beneficial ownership of such entity.
-
- 1.13. "Red Hat Branded Code" is code that Red Hat distributes and/or permits
- others to distribute under different terms than the Red Hat eCos Public License.
- Red Hat's Branded Code may contain part or all of the Covered Code.
-
- 2. SOURCE CODE LICENSE
-
- 2.1. The Initial Developer Grant. The Initial Developer hereby grants You
- a world-wide, royalty-free, non-exclusive license, subject to third party
- intellectual property claims:
-
- (a) to use, reproduce, modify, display, perform, sublicense and distribute
- the Original Code (or portions thereof) with or without Modifications, or
- as part of a Larger Work; and
-
- (b) under patents now or hereafter owned or controlled by Initial Developer,
- to make, have made, use and sell ("Utilize") the Original Code (or portions
- thereof), but solely to the extent that any such patent is reasonably necessary
- to enable You to Utilize the Original Code (or portions thereof) and not to
- any greater extent that may be necessary to Utilize further Modifications
- or combinations.
-
- 2.2. Contributor Grant. Each Contributor hereby grants You a world-wide, royalty-free,
- non-exclusive license, subject to third party intellectual property claims:
-
- (a) to use, reproduce, modify, display, perform, sublicense and distribute
- the Modifications created by such Contributor (or portions thereof) either
- on an unmodified basis, with other Modifications, as Covered Code or as part
- of a Larger Work; and
-
- (b) under patents now or hereafter owned or controlled by Contributor, to
- Utilize the Contributor Version (or portions thereof), but solely to the extent
- that any such patent is reasonably necessary to enable You to Utilize the
- Contributor Version (or portions thereof), and not to any greater extent that
- may be necessary to Utilize further Modifications or combinations.
-
- 3. DISTRIBUTION OBLIGATIONS
-
- 3.1. Application of License. The Modifications which You create or to which
- You contribute are governed by the terms of this License, including without
- limitation Section 2.2. The Source Code version of Covered Code may be distributed
- only under the terms of this License or a future version of this License released
- under Section 6.1, and You must include a copy of this License with every
- copy of the Source Code You distribute. You may not offer or impose any terms
- on any Source Code version that alters or restricts the applicable version
- of this License or the recipients' rights hereunder. However, You may include
- an additional document offering the additional rights described in Section
- 3.5.
-
- 3.2. Availability of Source Code. Any Modification which You create or to
- which You contribute must be made available in Source Code form under the
- terms of this License via an accepted Electronic Distribution Mechanism to
- anyone to whom you made an Executable version available and to the Initial
- Developer; and if made available via Electronic Distribution Mechanism, must
- remain available for at least twelve (12) months after the date it initially
- became available, or at least six (6) months after a subsequent version of
- that particular Modification has been made available to such recipients. You
- are responsible for ensuring that the Source Code version remains available
- even if the Electronic Distribution Mechanism is maintained by a third party.
- You are responsible for notifying the Initial Developer of the Modification
- and the location of the Source if a contact means is provided. Red Hat will
- be acting as maintainer of the Source and may provide an Electronic Distribution
- mechanism for the Modification to be made available. You can contact Red Hat
- to make the Modification available and to notify the Initial Developer. (http://sourceware.cygnus.com/ecos/)
-
- 3.3. Description of Modifications. You must cause all Covered Code to which
- you contribute to contain a file documenting the changes You made to create
- that Covered Code and the date of any change. You must include a prominent
- statement that the Modification is derived, directly or indirectly, from Original
- Code provided by the Initial Developer and including the name of the Initial
- Developer in (a) the Source Code, and (b) in any notice in an Executable version
- or related documentation in which You describe the origin or ownership of
- the Covered Code.
-
- 3.4. Intellectual Property Matters
-
- (a) Third Party Claims. If You have knowledge that a party claims an intellectual
- property right in particular functionality or code (or its utilization under
- this License), you must include a text file with the source code distribution
- titled "LEGAL" which describes the claim and the party making the claim in
- sufficient detail that a recipient will know whom to contact. If you obtain
- such knowledge after You make Your Modification available as described in
- Section 3.2, You shall promptly modify the LEGAL file in all copies You make
- available thereafter and shall take other steps (such as notifying appropriate
- mailing lists or newsgroups) reasonably calculated to inform those who received
- the Covered Code that new knowledge has been obtained.
-
- (b) Contributor APIs. If Your Modification is an application programming interface
- and You own or control patents which are reasonably necessary to implement
- that API, you must also include this information in the LEGAL file.
-
- 3.5. Required Notices. You must duplicate the notice in Exhibit A in each
- file of the Source Code, and this License in any documentation for the Source
- Code, where You describe recipients' rights relating to Covered Code. If You
- created one or more Modification(s), You may add your name as a Contributor
- to the Source Code. If it is not possible to put such notice in a particular
- Source Code file due to its structure, then you must include such notice in
- a location (such as a relevant directory file) where a user would be likely
- to look for such a notice. You may choose to offer, and to charge a fee for,
- warranty, support, indemnity or liability obligations to one or more recipients
- of Covered Code.
-
- However, You may do so only on Your own behalf, and not on behalf of the Initial
- Developer or any Contributor. You must make it absolutely clear that any such
- warranty, support, indemnity or liability obligation is offered by You alone,
- and You hereby agree to indemnify the Initial Developer and every Contributor
- for any liability incurred by the Initial Developer or such Contributor as
- a result of warranty, support, indemnity or liability terms You offer.
-
- 3.6. Distribution of Executable Versions. You may distribute Covered Code
- in Executable form only if the requirements of Section 3.1-3.5 have been met
- for that Covered Code, and if You include a notice stating that the Source
- Code version of the Covered Code is available under the terms of this License,
- including a description of how and where You have fulfilled the obligations
- of Section 3.2. The notice must be conspicuously included in any notice in
- an Executable version, related documentation or collateral in which You describe
- recipients' rights relating to the Covered Code. You may distribute the Executable
- version of Covered Code under a license of Your choice, which may contain
- terms different from this License, provided that You are in compliance with
- the terms of this License and that the license for the Executable version
- does not attempt to limit or alter the recipient's rights in the Source Code
- version from the rights set forth in this License. If You distribute the Executable
- version under a different license You must make it absolutely clear that any
- terms which differ from this License are offered by You alone, not by the
- Initial Developer or any Contributor. You hereby agree to indemnify the Initial
- Developer and every Contributor for any liability incurred by the Initial
- Developer or such Contributor as a result of any such terms You offer.
-
- If you distribute executable versions containing Covered Code, you must reproduce
- the notice in Exhibit B in the documentation and/or other materials provided
- with the product.
-
- 3.7. Larger Works. You may create a Larger Work by combining Covered Code
- with other code not governed by the terms of this License and distribute the
- Larger Work as a single product. In such a case, You must make sure the requirements
- of this License are fulfilled for the Covered Code.
-
- 4. INABILITY TO COMPLY DUE TO STATUTE OR REGULATION
-
- If it is impossible for You to comply with any of the terms of this License
- with respect to some or all of the Covered Code due to statute or regulation
- then You must: (a) comply with the terms of this License to the maximum extent
- possible; (b) cite the statute or regulation that prohibits you from adhering
- to the license; and (c) describe the limitations and the code they affect.
- Such description must be included in the LEGAL file described in Section 3.4
- and must be included with all distributions of the Source Code. Except to
- the extent prohibited by statute or regulation, such description must be sufficiently
- detailed for a recipient of ordinary skill to be able to understand it. You
- must submit this LEGAL file to Red Hat for review, and You will not be able
- use the covered code in any means until permission is granted from Red Hat
- to allow for the inability to comply due to statute or regulation.
-
- 5. APPLICATION OF THIS LICENSE
-
- This License applies to code to which the Initial Developer has attached the
- notice in Exhibit A, and to related Covered Code.
-
- Red Hat may include Covered Code in products without such additional products
- becoming subject to the terms of this License, and may license such additional
- products on different terms from those contained in this License.
-
- Red Hat may license the Source Code of Red Hat Branded Code without Red Hat
- Branded Code becoming subject to the terms of this License, and may license
- Red Hat Branded Code on different terms from those contained in this License.
- Contact Red Hat for details of alternate licensing terms available.
-
- 6. VERSIONS OF THE LICENSE
-
- 6.1. New Versions. Red Hat may publish revised and/or new versions of the
- License from time to time. Each version will be given a distinguishing version
- number.
-
- 6.2. Effect of New Versions. Once Covered Code has been published under a
- particular version of the License, You may always continue to use it under
- the terms of that version. You may also choose to use such Covered Code under
- the terms of any subsequent version of the License published by Red Hat. No
- one other than Red Hat has the right to modify the terms applicable to Covered
- Code beyond what is granted under this and subsequent Licenses.
-
- 6.3. Derivative Works. If you create or use a modified version of this License
- (which you may only do in order to apply it to code which is not already Covered
- Code governed by this License), you must (a) rename Your license so that the
- phrases "ECOS", "eCos", "Red Hat", "RHEPL" or any confusingly similar phrase
- do not appear anywhere in your license and (b) otherwise make it clear that
- your version of the license contains terms which differ from the Red Hat eCos
- Public License. (Filling in the name of the Initial Developer, Original Code
- or Contributor in the notice described in Exhibit A shall not of themselves
- be deemed to be modifications of this License.)
-
- 7. DISCLAIMER OF WARRANTY
-
- COVERED CODE IS PROVIDED UNDER THIS LICENSE ON AN "AS IS" BASIS, WITHOUT WARRANTY
- OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING, WITHOUT LIMITATION, WARRANTIES
- THAT THE COVERED CODE IS FREE OF DEFECTS, MERCHANTABLE, FIT FOR A PARTICULAR
- PURPOSE OR NON-INFRINGING. THE ENTIRE RISK AS TO THE QUALITY AND PERFORMANCE
- OF THE COVERED CODE IS WITH YOU. SHOULD ANY COVERED CODE PROVE DEFECTIVE IN
- ANY RESPECT, YOU (NOT THE INITIAL DEVELOPER OR ANY OTHER CONTRIBUTOR) ASSUME
- THE COST OF ANY NECESSARY SERVICING, REPAIR OR CORRECTION. THIS DISCLAIMER
- OF WARRANTY CONSTITUTES AN ESSENTIAL PART OF THIS LICENSE. NO USE OF ANY COVERED
- CODE IS AUTHORIZED HEREUNDER EXCEPT UNDER THIS DISCLAIMER.
-
- 8. TERMINATION
-
- This License and the rights granted hereunder will terminate automatically
- if You fail to comply with terms herein and fail to cure such breach within
- 30 days of becoming aware of the breach. All sublicenses to the Covered Code
- which are properly granted shall survive any termination of this License.
- Provisions which, by their nature, must remain in effect beyond the termination
- of this License shall survive.
-
- 9. LIMITATION OF LIABILITY
-
- UNDER NO CIRCUMSTANCES AND UNDER NO LEGAL THEORY, WHETHER TORT (INCLUDING
- NEGLIGENCE), CONTRACT, OR OTHERWISE, SHALL THE INITIAL DEVELOPER, ANY OTHER
- CONTRIBUTOR, OR ANY DISTRIBUTOR OF COVERED CODE, OR ANY SUPPLIER OF ANY OF
- SUCH PARTIES, BE LIABLE TO YOU OR ANY OTHER PERSON FOR ANY INDIRECT, SPECIAL,
- INCIDENTAL, OR CONSEQUENTIAL DAMAGES OF ANY CHARACTER INCLUDING, WITHOUT LIMITATION,
- DAMAGES FOR LOSS OF GOODWILL, WORK STOPPAGE, COMPUTER FAILURE OR MALFUNCTION,
- OR ANY AND ALL OTHER COMMERCIAL DAMAGES OR LOSSES, EVEN IF SUCH PARTY SHALL
- HAVE BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGES. THIS LIMITATION OF
- LIABILITY SHALL NOT APPLY TO LIABILITY FOR DEATH OR PERSONAL INJURY RESULTING
- FROM SUCH PARTY'S NEGLIGENCE TO THE EXTENT APPLICABLE LAW PROHIBITS SUCH LIMITATION.
- SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL
- OR CONSEQUENTIAL DAMAGES, SO THAT EXCLUSION AND LIMITATION MAY NOT APPLY TO
- YOU.
-
- 10. U.S. GOVERNMENT END USERS
-
- The Covered Code is a "commercial item," as that term is defined in 48 C.F.R.
- 2.101 (Oct. 1995), consisting of "commercial computer software" and "commercial
- computer software documentation," as such terms are used in 48 C.F.R. 12.212
- (Sept. 1995). Consistent with 48 C.F.R. 12.212 and 48 C.F.R. 227.7202-1 through
- 227.7202-4 (June 1995), all U.S. Government End Users acquire Covered Code
- with only those rights set forth herein.
-
- 11. MISCELLANEOUS
-
- This License represents the complete agreement concerning subject matter hereof.
- If any provision of this License is held to be unenforceable, such provision
- shall be reformed only to the extent necessary to make it enforceable. This
- License shall be governed by California law provisions (except to the extent
- applicable law, if any, provides otherwise), excluding its conflict-of-law
- provisions. With respect to disputes in which at least one party is a citizen
- of, or an entity chartered or registered to do business in, the United States
- of America: (a) unless otherwise agreed in writing, all disputes relating
- to this License (excepting any dispute relating to intellectual property rights)
- shall be subject to final and binding arbitration, with the losing party paying
- all costs of arbitration; (b) any arbitration relating to this Agreement shall
- be held in Santa Clara County, California, under the auspices of JAMS/EndDispute;
- and (c) any litigation relating to this Agreement shall be subject to the
- jurisdiction of the Federal Courts of the Northern District of California,
- with venue lying in Santa Clara County, California, with the losing party
- responsible for costs, including without limitation, court costs and reasonable
- attorneys fees and expenses. The application of the United Nations Convention
- on Contracts for the International Sale of Goods is expressly excluded. Any
- law or regulation which provides that the language of a contract shall be
- construed against the drafter shall not apply to this License.
-
- 12. RESPONSIBILITY FOR CLAIMS
-
- Except in cases where another Contributor has failed to comply with Section
- 3.4, You are responsible for damages arising, directly or indirectly, out
- of Your utilization of rights under this License, based on the number of copies
- of Covered Code you made available, the revenues you received from utilizing
- such rights, and other relevant factors. You agree to work with affected parties
- to distribute responsibility on an equitable basis.
-
- 13. ADDITIONAL TERMS APPLICABLE TO THE RED HAT ECOS PUBLIC LICENSE
-
- Nothing in this License shall be interpreted to prohibit Red Hat from licensing
- under different terms than this License any code which Red Hat otherwise would
- have a right to license.
-
- Red Hat and logo - This License does not grant any rights to use the trademark
- Red Hat, the Red Hat logo, eCos logo, even if such marks are included in the
- Original Code. You may contact Red Hat for permission to display the Red Hat
- and eCos marks in either the documentation or the Executable version beyond
- that required in Exhibit B.
-
- Inability to Comply Due to Contractual Obligation - To the extent that Red
- Hat is limited contractually from making third party code available under
- this License, Red Hat may choose to integrate such third party code into Covered
- Code without being required to distribute such third party code in Source
- Code form, even if such third party code would otherwise be considered "Modifications"
- under this License. EXHIBIT A
-
- "The contents of this file are subject to the Red Hat eCos Public License
- Version 1.1 (the "License"); you may not use this file except in compliance
- with the License. You may obtain a copy of the License at http://www.redhat.com/
-
- Software distributed under the License is distributed on an "AS IS" basis,
- WITHOUT WARRANTY OF ANY KIND, either express or implied. See the License for
- the specific language governing rights and limitations under the License.
-
- The Original Code is eCos - Embedded Configurable Operating System, released
- September 30, 1998. The Initial Developer of the Original Code is Red Hat.
- Portions created by Red Hat are Copyright (C) 1998, 1999, 2000 Red Hat, Inc.
- All Rights Reserved."
-
- EXHIBIT B
-
- Part of the software embedded in this product is eCos - Embedded Configurable
- Operating System, a trademark of Red Hat. Portions created by Red Hat are
- Copyright (C) 1998, 1999, 2000 Red Hat, Inc. (http://www.redhat.com/). All
- Rights Reserved.
-
- THE SOFTWARE IN THIS PRODUCT WAS IN PART PROVIDED BY RED HAT AND ANY EXPRESS
- OR IMPLIED WARRANTIES, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES
- OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE ARE DISCLAIMED. IN
- NO EVENT SHALL THE AUTHOR BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL,
- SPECIAL, EXEMPLARY, OR CONSEQUENTIAL DAMAGES (INCLUDING, BUT NOT LIMITED TO,
- PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES; LOSS OF USE, DATA, OR PROFITS;
- OR BUSINESS INTERRUPTION) 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 OF THIS SOFTWARE, EVEN IF ADVISED OF THE
- POSSIBILITY OF SUCH DAMAGE.
|