forked from brl/citadel
402 lines
21 KiB
Plaintext
402 lines
21 KiB
Plaintext
|
|
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.
|
|
|
|
|
|
|
|
|
|
|
|
|