| |
| 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. |
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| 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. |
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