path: root/meta/files/common-licenses/RHeCos-1

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.