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1
2Red Hat eCos Public License v1.1
3
41. DEFINITIONS
5
61.1. "Contributor" means each entity that creates or contributes to
7the creation of Modifications.
8
91.2. "Contributor Version" means the combination of the Original
10Code, prior Modifications used by a Contributor, and the Modifications made by
11that particular Contributor.
12
131.3. "Covered Code" means the Original Code or Modifications or the
14combination of the Original Code and Modifications, in each case including
15portions thereof.
16
171.4. "Electronic Distribution Mechanism" means a mechanism generally
18accepted in the software development community for the electronic transfer of
19data.
20
211.5. "Executable" means Covered Code in any form other than Source
22Code.
23
241.6. "Initial Developer" means the individual or entity identified as
25the Initial Developer in the Source Code notice required by Exhibit A.
26
271.7. "Larger Work" means a work which combines Covered Code or
28portions thereof with code not governed by the terms of this License.
29
301.8. "License" means this document.
31
321.9. "Modifications" means any addition to or deletion from the
33substance or structure of either the Original Code or any previous
34Modifications. When Covered Code is released as a series of files, a
35Modification is:
36
37A. Any addition to or deletion from the contents of a file containing Original
38Code or previous Modifications.
39
40B. Any new file that contains any part of the Original Code or previous
41Modifications.
42
431.10. "Original Code" means Source Code of computer software code
44which is described in the Source Code notice required by Exhibit A as Original
45Code, and which, at the time of its release under this License is not already
46Covered Code governed by this License.
47
481.11. "Source Code" means the preferred form of the Covered Code for
49making modifications to it, including all modules it contains, plus any
50associated interface definition files, scripts used to control compilation and
51installation of an Executable, or a list of source code differential
52comparisons against either the Original Code or another well known, available
53Covered Code of the Contributor's choice. The Source Code can be in a
54compressed or archival form, provided the appropriate decompression or de-
55archiving software is widely available for no charge.
56
571.12. "You" means an individual or a legal entity exercising rights
58under, and complying with all of the terms of, this License or a future version
59of this License issued under Section 6.1. For legal entities, "You"
60includes any entity which controls, is controlled by, or is under common
61control with You. For purposes of this definition, "control" means
62(a) the power, direct or indirect, to cause the direction or management of such
63entity, whether by contract or otherwise, or (b) ownership of fifty percent
64(50%) or more of the outstanding shares or beneficial ownership of such entity.
65
661.13. "Red Hat Branded Code" is code that Red Hat distributes and/or
67permits others to distribute under different terms than the Red Hat eCos Public
68License. Red Hat's Branded Code may contain part or all of the Covered Code.
69
702. SOURCE CODE LICENSE
71
722.1. The Initial Developer Grant.
73The Initial Developer hereby grants You a world-wide, royalty-free, non-
74exclusive license, subject to third party intellectual property claims:
75
76(a) to use, reproduce, modify, display, perform, sublicense and distribute the
77Original Code (or portions thereof) with or without Modifications, or as part
78of a Larger Work; and
79
80(b) under patents now or hereafter owned or controlled by Initial Developer, to
81make, have made, use and sell ("Utilize") the Original Code (or
82portions thereof), but solely to the extent that any such patent is reasonably
83necessary to enable You to Utilize the Original Code (or portions thereof) and
84not to any greater extent that may be necessary to Utilize further
85Modifications or combinations.
86
872.2. Contributor Grant.
88Each Contributor hereby grants You a world-wide, royalty-free, non-exclusive
89license, subject to third party intellectual property claims:
90
91(a) to use, reproduce, modify, display, perform, sublicense and distribute the
92Modifications created by such Contributor (or portions thereof) either on an
93unmodified basis, with other Modifications, as Covered Code or as part of a
94Larger Work; and
95
96(b) under patents now or hereafter owned or controlled by Contributor, to
97Utilize the Contributor Version (or portions thereof), but solely to the extent
98that any such patent is reasonably necessary to enable You to Utilize the
99Contributor Version (or portions thereof), and not to any greater extent that
100may be necessary to Utilize further Modifications or combinations.
101
1023. DISTRIBUTION OBLIGATIONS
103
1043.1. Application of License.
105The Modifications which You create or to which You contribute are governed by
106the terms of this License, including without limitation Section 2.2. The Source
107Code version of Covered Code may be distributed only under the terms of this
108License or a future version of this License released under Section 6.1, and You
109must include a copy of this License with every copy of the Source Code You
110distribute. You may not offer or impose any terms on any Source Code version
111that alters or restricts the applicable version of this License or the
112recipients' rights hereunder. However, You may include an additional document
113offering the additional rights described in Section 3.5.
114
1153.2. Availability of Source Code.
116Any Modification which You create or to which You contribute must be made
117available in Source Code form under the terms of this License via an accepted
118Electronic Distribution Mechanism to anyone to whom you made an Executable
119version available and to the Initial Developer; and if made available via
120Electronic Distribution Mechanism, must remain available for at least twelve
121(12) months after the date it initially became available, or at least six (6)
122months after a subsequent version of that particular Modification has been made
123available to such recipients. You are responsible for ensuring that the Source
124Code version remains available even if the Electronic Distribution Mechanism is
125maintained by a third party. You are responsible for notifying the Initial
126Developer of the Modification and the location of the Source if a contact means
127is provided. Red Hat will be acting as maintainer of the Source and may provide
128an Electronic Distribution mechanism for the Modification to be made available.
129You can contact Red Hat to make the Modification available and to notify the
130Initial Developer. (http://sourceware.cygnus.com/ecos/)
131
1323.3. Description of Modifications.
133You must cause all Covered Code to which you contribute to contain a file
134documenting the changes You made to create that Covered Code and the date of
135any change. You must include a prominent statement that the Modification is
136derived, directly or indirectly, from Original Code provided by the Initial
137Developer and including the name of the Initial Developer in (a) the Source
138Code, and (b) in any notice in an Executable version or related documentation
139in which You describe the origin or ownership of the Covered Code.
140
1413.4. Intellectual Property Matters
142(a) Third Party Claims.
143If You have knowledge that a party claims an intellectual property right in
144particular functionality or code (or its utilization under this License), you
145must include a text file with the source code distribution titled
146"LEGAL" which describes the claim and the party making the claim in
147sufficient detail that a recipient will know whom to contact. If you obtain
148such knowledge after You make Your Modification available as described in
149Section 3.2, You shall promptly modify the LEGAL file in all copies You make
150available thereafter and shall take other steps (such as notifying appropriate
151mailing lists or newsgroups) reasonably calculated to inform those who received
152the Covered Code that new knowledge has been obtained.
153
154(b) Contributor APIs.
155If Your Modification is an application programming interface and You own or
156control patents which are reasonably necessary to implement that API, you must
157also include this information in the LEGAL file.
158
1593.5. Required Notices.
160You must duplicate the notice in Exhibit A in each file of the Source Code, and
161this License in any documentation for the Source Code, where You describe
162recipients' rights relating to Covered Code. If You created one or more
163Modification(s), You may add your name as a Contributor to the Source Code. If
164it is not possible to put such notice in a particular Source Code file due to
165its structure, then you must include such notice in a location (such as a
166relevant directory file) where a user would be likely to look for such a
167notice. You may choose to offer, and to charge a fee for, warranty, support,
168indemnity or liability obligations to one or more recipients of Covered Code.
169
170However, You may do so only on Your own behalf, and not on behalf of the
171Initial Developer or any Contributor. You must make it absolutely clear that
172any such warranty, support, indemnity or liability obligation is offered by You
173alone, and You hereby agree to indemnify the Initial Developer and every
174Contributor for any liability incurred by the Initial Developer or such
175Contributor as a result of warranty, support, indemnity or liability terms You
176offer.
177
1783.6. Distribution of Executable Versions.
179You may distribute Covered Code in Executable form only if the requirements of
180Section 3.1-3.5 have been met for that Covered Code, and if You include a
181notice stating that the Source Code version of the Covered Code is available
182under the terms of this License, including a description of how and where You
183have fulfilled the obligations of Section 3.2. The notice must be conspicuously
184included in any notice in an Executable version, related documentation or
185collateral in which You describe recipients' rights relating to the Covered
186Code. You may distribute the Executable version of Covered Code under a license
187of Your choice, which may contain terms different from this License, provided
188that You are in compliance with the terms of this License and that the license
189for the Executable version does not attempt to limit or alter the recipient's
190rights in the Source Code version from the rights set forth in this License. If
191You distribute the Executable version under a different license You must make
192it absolutely clear that any terms which differ from this License are offered
193by You alone, not by the Initial Developer or any Contributor. You hereby agree
194to indemnify the Initial Developer and every Contributor for any liability
195incurred by the Initial Developer or such Contributor as a result of any such
196terms You offer.
197
198If you distribute executable versions containing Covered Code, you must
199reproduce the notice in Exhibit B in the documentation and/or other materials
200provided with the product.
201
2023.7. Larger Works.
203You may create a Larger Work by combining Covered Code with other code not
204governed by the terms of this License and distribute the Larger Work as a
205single product. In such a case, You must make sure the requirements of this
206License are fulfilled for the Covered Code.
207
2084. INABILITY TO COMPLY DUE TO STATUTE OR REGULATION
209
210If it is impossible for You to comply with any of the terms of this License
211with respect to some or all of the Covered Code due to statute or regulation
212then You must: (a) comply with the terms of this License to the maximum extent
213possible; (b) cite the statute or regulation that prohibits you from adhering
214to the license; and (c) describe the limitations and the code they affect. Such
215description must be included in the LEGAL file described in Section 3.4 and
216must be included with all distributions of the Source Code. Except to the
217extent prohibited by statute or regulation, such description must be
218sufficiently detailed for a recipient of ordinary skill to be able to
219understand it. You must submit this LEGAL file to Red Hat for review, and You
220will not be able use the covered code in any means until permission is granted
221from Red Hat to allow for the inability to comply due to statute or regulation.
222
2235. APPLICATION OF THIS LICENSE
224
225This License applies to code to which the Initial Developer has attached the
226notice in Exhibit A, and to related Covered Code.
227
228Red Hat may include Covered Code in products without such additional products
229becoming subject to the terms of this License, and may license such additional
230products on different terms from those contained in this License.
231
232Red Hat may license the Source Code of Red Hat Branded Code without Red Hat
233Branded Code becoming subject to the terms of this License, and may license Red
234Hat Branded Code on different terms from those contained in this License.
235Contact Red Hat for details of alternate licensing terms available.
236
2376. VERSIONS OF THE LICENSE
238
2396.1. New Versions.
240Red Hat may publish revised and/or new versions of the License from time to
241time. Each version will be given a distinguishing version number.
242
2436.2. Effect of New Versions.
244Once Covered Code has been published under a particular version of the License,
245You may always continue to use it under the terms of that version. You may also
246choose to use such Covered Code under the terms of any subsequent version of
247the License published by Red Hat. No one other than Red Hat has the right to
248modify the terms applicable to Covered Code beyond what is granted under this
249and subsequent Licenses.
250
2516.3. Derivative Works.
252If you create or use a modified version of this License (which you may only do
253in order to apply it to code which is not already Covered Code governed by this
254License), you must (a) rename Your license so that the phrases
255"ECOS", "eCos", "Red Hat", "RHEPL" or
256any confusingly similar phrase do not appear anywhere in your license and (b)
257otherwise make it clear that your version of the license contains terms which
258differ from the Red Hat eCos Public License. (Filling in the name of the
259Initial Developer, Original Code or Contributor in the notice described in
260Exhibit A shall not of themselves be deemed to be modifications of this
261License.)
262
2637. DISCLAIMER OF WARRANTY
264
265COVERED CODE IS PROVIDED UNDER THIS LICENSE ON AN "AS IS" BASIS,
266WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING, WITHOUT
267LIMITATION, WARRANTIES THAT THE COVERED CODE IS FREE OF DEFECTS, MERCHANTABLE,
268FIT FOR A PARTICULAR PURPOSE OR NON-INFRINGING. THE ENTIRE RISK AS TO THE
269QUALITY AND PERFORMANCE OF THE COVERED CODE IS WITH YOU. SHOULD ANY COVERED
270CODE PROVE DEFECTIVE IN ANY RESPECT, YOU (NOT THE INITIAL DEVELOPER OR ANY
271OTHER CONTRIBUTOR) ASSUME THE COST OF ANY NECESSARY SERVICING, REPAIR OR
272CORRECTION. THIS DISCLAIMER OF WARRANTY CONSTITUTES AN ESSENTIAL PART OF THIS
273LICENSE. NO USE OF ANY COVERED CODE IS AUTHORIZED HEREUNDER EXCEPT UNDER THIS
274DISCLAIMER.
275
2768. TERMINATION
277
278This License and the rights granted hereunder will terminate automatically if
279You fail to comply with terms herein and fail to cure such breach within 30
280days of becoming aware of the breach. All sublicenses to the Covered Code which
281are properly granted shall survive any termination of this License. Provisions
282which, by their nature, must remain in effect beyond the termination of this
283License shall survive.
284
2859. LIMITATION OF LIABILITY
286
287UNDER NO CIRCUMSTANCES AND UNDER NO LEGAL THEORY, WHETHER TORT (INCLUDING
288NEGLIGENCE), CONTRACT, OR OTHERWISE, SHALL THE INITIAL DEVELOPER, ANY OTHER
289CONTRIBUTOR, OR ANY DISTRIBUTOR OF COVERED CODE, OR ANY SUPPLIER OF ANY OF SUCH
290PARTIES, BE LIABLE TO YOU OR ANY OTHER PERSON FOR ANY INDIRECT, SPECIAL,
291INCIDENTAL, OR CONSEQUENTIAL DAMAGES OF ANY CHARACTER INCLUDING, WITHOUT
292LIMITATION, DAMAGES FOR LOSS OF GOODWILL, WORK STOPPAGE, COMPUTER FAILURE OR
293MALFUNCTION, OR ANY AND ALL OTHER COMMERCIAL DAMAGES OR LOSSES, EVEN IF SUCH
294PARTY SHALL HAVE BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGES. THIS
295LIMITATION OF LIABILITY SHALL NOT APPLY TO LIABILITY FOR DEATH OR PERSONAL
296INJURY RESULTING FROM SUCH PARTY'S NEGLIGENCE TO THE EXTENT APPLICABLE LAW
297PROHIBITS SUCH LIMITATION. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR
298LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THAT EXCLUSION AND
299LIMITATION MAY NOT APPLY TO YOU.
300
30110. U.S. GOVERNMENT END USERS
302
303The Covered Code is a "commercial item," as that term is defined in
30448 C.F.R. 2.101 (Oct. 1995), consisting of "commercial computer
305software" and "commercial computer software documentation," as
306such terms are used in 48 C.F.R. 12.212 (Sept. 1995). Consistent with 48 C.F.R.
30712.212 and 48 C.F.R. 227.7202-1 through 227.7202-4 (June 1995), all U.S.
308Government End Users acquire Covered Code with only those rights set forth
309herein.
310
31111. MISCELLANEOUS
312
313This License represents the complete agreement concerning subject matter
314hereof. If any provision of this License is held to be unenforceable, such
315provision shall be reformed only to the extent necessary to make it
316enforceable. This License shall be governed by California law provisions
317(except to the extent applicable law, if any, provides otherwise), excluding
318its conflict-of-law provisions. With respect to disputes in which at least one
319party is a citizen of, or an entity chartered or registered to do business in,
320the United States of America: (a) unless otherwise agreed in writing, all
321disputes relating to this License (excepting any dispute relating to
322intellectual property rights) shall be subject to final and binding
323arbitration, with the losing party paying all costs of arbitration; (b) any
324arbitration relating to this Agreement shall be held in Santa Clara County,
325California, under the auspices of JAMS/EndDispute; and (c) any litigation
326relating to this Agreement shall be subject to the jurisdiction of the Federal
327Courts of the Northern District of California, with venue lying in Santa Clara
328County, California, with the losing party responsible for costs, including
329without limitation, court costs and reasonable attorneys fees and expenses. The
330application of the United Nations Convention on Contracts for the International
331Sale of Goods is expressly excluded. Any law or regulation which provides that
332the language of a contract shall be construed against the drafter shall not
333apply to this License.
334
33512. RESPONSIBILITY FOR CLAIMS
336
337Except in cases where another Contributor has failed to comply with Section
3383.4, You are responsible for damages arising, directly or indirectly, out of
339Your utilization of rights under this License, based on the number of copies of
340Covered Code you made available, the revenues you received from utilizing such
341rights, and other relevant factors. You agree to work with affected parties to
342distribute responsibility on an equitable basis.
343
34413. ADDITIONAL TERMS APPLICABLE TO THE RED HAT ECOS PUBLIC LICENSE
345
346Nothing in this License shall be interpreted to prohibit Red Hat from licensing
347under different terms than this License any code which Red Hat otherwise would
348have a right to license.
349
350Red Hat and logo - This License does not grant any rights to use the trademark
351Red Hat, the Red Hat logo, eCos logo, even if such marks are included in the
352Original Code. You may contact Red Hat for permission to display the Red Hat
353and eCos marks in either the documentation or the Executable version beyond
354that required in Exhibit B.
355
356Inability to Comply Due to Contractual Obligation - To the extent that Red Hat
357is limited contractually from making third party code available under this
358License, Red Hat may choose to integrate such third party code into Covered
359Code without being required to distribute such third party code in Source Code
360form, even if such third party code would otherwise be considered
361"Modifications" under this License.
362
363EXHIBIT A
364
365"The contents of this file are subject to the Red Hat eCos Public License
366Version 1.1 (the "License"); you may not use this file except in
367compliance with the License. You may obtain a copy of the License at http://
368www.redhat.com/
369
370Software distributed under the License is distributed on an "AS IS"
371basis, WITHOUT WARRANTY OF ANY KIND, either express or implied. See the License
372for the specific language governing rights and limitations under the License.
373
374The Original Code is eCos - Embedded Configurable Operating System, released
375September 30, 1998. The Initial Developer of the Original Code is Red Hat.
376Portions created by Red Hat are Copyright (C) 1998, 1999, 2000 Red Hat, Inc.
377All Rights Reserved."
378
379EXHIBIT B
380
381Part of the software embedded in this product is eCos - Embedded Configurable
382Operating System, a trademark of Red Hat. Portions created by Red Hat are
383Copyright (C) 1998, 1999, 2000 Red Hat, Inc. (http://www.redhat.com/). All
384Rights Reserved.
385
386THE SOFTWARE IN THIS PRODUCT WAS IN PART PROVIDED BY RED HAT AND ANY EXPRESS OR
387IMPLIED WARRANTIES, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF
388MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE ARE DISCLAIMED. IN NO
389EVENT SHALL THE AUTHOR BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL,
390EXEMPLARY, OR CONSEQUENTIAL DAMAGES (INCLUDING, BUT NOT LIMITED TO, PROCUREMENT
391OF SUBSTITUTE GOODS OR SERVICES; LOSS OF USE, DATA, OR PROFITS; OR BUSINESS
392INTERRUPTION) HOWEVER CAUSED AND ON ANY THEORY OF LIABILITY, WHETHER IN
393CONTRACT, STRICT LIABILITY, OR TORT (INCLUDING NEGLIGENCE OR OTHERWISE) ARISING
394IN ANY WAY OUT OF THE USE OF THIS SOFTWARE, EVEN IF ADVISED OF THE POSSIBILITY
395OF SUCH DAMAGE.
396
397
398
399
400
401