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  1. Red Hat eCos Public License v1.1
  2. 1. DEFINITIONS
  3. 1.1. "Contributor" means each entity that creates or contributes to the creation
  4. of Modifications.
  5. 1.2. "Contributor Version" means the combination of the Original Code, prior
  6. Modifications used by a Contributor, and the Modifications made by that particular
  7. Contributor.
  8. 1.3. "Covered Code" means the Original Code or Modifications or the combination
  9. of the Original Code and Modifications, in each case including portions thereof.
  10. 1.4. "Electronic Distribution Mechanism" means a mechanism generally accepted
  11. in the software development community for the electronic transfer of data.
  12. 1.5. "Executable" means Covered Code in any form other than Source Code.
  13. 1.6. "Initial Developer" means the individual or entity identified as the
  14. Initial Developer in the Source Code notice required by Exhibit A.
  15. 1.7. "Larger Work" means a work which combines Covered Code or portions thereof
  16. with code not governed by the terms of this License.
  17. 1.8. "License" means this document.
  18. 1.9. "Modifications" means any addition to or deletion from the substance
  19. or structure of either the Original Code or any previous Modifications. When
  20. Covered Code is released as a series of files, a Modification is:
  21. A. Any addition to or deletion from the contents of a file containing Original
  22. Code or previous Modifications.
  23. B. Any new file that contains any part of the Original Code or previous Modifications.
  24. 1.10. "Original Code" means Source Code of computer software code which is
  25. described in the Source Code notice required by Exhibit A as Original Code,
  26. and which, at the time of its release under this License is not already Covered
  27. Code governed by this License.
  28. 1.11. "Source Code" means the preferred form of the Covered Code for making
  29. modifications to it, including all modules it contains, plus any associated
  30. interface definition files, scripts used to control compilation and installation
  31. of an Executable, or a list of source code differential comparisons against
  32. either the Original Code or another well known, available Covered Code of
  33. the Contributor's choice. The Source Code can be in a compressed or archival
  34. form, provided the appropriate decompression or de-archiving software is widely
  35. available for no charge.
  36. 1.12. "You" means an individual or a legal entity exercising rights under,
  37. and complying with all of the terms of, this License or a future version of
  38. this License issued under Section 6.1. For legal entities, "You" includes
  39. any entity which controls, is controlled by, or is under common control with
  40. You. For purposes of this definition, "control" means (a) the power, direct
  41. or indirect, to cause the direction or management of such entity, whether
  42. by contract or otherwise, or (b) ownership of fifty percent (50%) or more
  43. of the outstanding shares or beneficial ownership of such entity.
  44. 1.13. "Red Hat Branded Code" is code that Red Hat distributes and/or permits
  45. others to distribute under different terms than the Red Hat eCos Public License.
  46. Red Hat's Branded Code may contain part or all of the Covered Code.
  47. 2. SOURCE CODE LICENSE
  48. 2.1. The Initial Developer Grant. The Initial Developer hereby grants You
  49. a world-wide, royalty-free, non-exclusive license, subject to third party
  50. intellectual property claims:
  51. (a) to use, reproduce, modify, display, perform, sublicense and distribute
  52. the Original Code (or portions thereof) with or without Modifications, or
  53. as part of a Larger Work; and
  54. (b) under patents now or hereafter owned or controlled by Initial Developer,
  55. to make, have made, use and sell ("Utilize") the Original Code (or portions
  56. thereof), but solely to the extent that any such patent is reasonably necessary
  57. to enable You to Utilize the Original Code (or portions thereof) and not to
  58. any greater extent that may be necessary to Utilize further Modifications
  59. or combinations.
  60. 2.2. Contributor Grant. Each Contributor hereby grants You a world-wide, royalty-free,
  61. non-exclusive license, subject to third party intellectual property claims:
  62. (a) to use, reproduce, modify, display, perform, sublicense and distribute
  63. the Modifications created by such Contributor (or portions thereof) either
  64. on an unmodified basis, with other Modifications, as Covered Code or as part
  65. of a Larger Work; and
  66. (b) under patents now or hereafter owned or controlled by Contributor, to
  67. Utilize the Contributor Version (or portions thereof), but solely to the extent
  68. that any such patent is reasonably necessary to enable You to Utilize the
  69. Contributor Version (or portions thereof), and not to any greater extent that
  70. may be necessary to Utilize further Modifications or combinations.
  71. 3. DISTRIBUTION OBLIGATIONS
  72. 3.1. Application of License. The Modifications which You create or to which
  73. You contribute are governed by the terms of this License, including without
  74. limitation Section 2.2. The Source Code version of Covered Code may be distributed
  75. only under the terms of this License or a future version of this License released
  76. under Section 6.1, and You must include a copy of this License with every
  77. copy of the Source Code You distribute. You may not offer or impose any terms
  78. on any Source Code version that alters or restricts the applicable version
  79. of this License or the recipients' rights hereunder. However, You may include
  80. an additional document offering the additional rights described in Section
  81. 3.5.
  82. 3.2. Availability of Source Code. Any Modification which You create or to
  83. which You contribute must be made available in Source Code form under the
  84. terms of this License via an accepted Electronic Distribution Mechanism to
  85. anyone to whom you made an Executable version available and to the Initial
  86. Developer; and if made available via Electronic Distribution Mechanism, must
  87. remain available for at least twelve (12) months after the date it initially
  88. became available, or at least six (6) months after a subsequent version of
  89. that particular Modification has been made available to such recipients. You
  90. are responsible for ensuring that the Source Code version remains available
  91. even if the Electronic Distribution Mechanism is maintained by a third party.
  92. You are responsible for notifying the Initial Developer of the Modification
  93. and the location of the Source if a contact means is provided. Red Hat will
  94. be acting as maintainer of the Source and may provide an Electronic Distribution
  95. mechanism for the Modification to be made available. You can contact Red Hat
  96. to make the Modification available and to notify the Initial Developer. (http://sourceware.cygnus.com/ecos/)
  97. 3.3. Description of Modifications. You must cause all Covered Code to which
  98. you contribute to contain a file documenting the changes You made to create
  99. that Covered Code and the date of any change. You must include a prominent
  100. statement that the Modification is derived, directly or indirectly, from Original
  101. Code provided by the Initial Developer and including the name of the Initial
  102. Developer in (a) the Source Code, and (b) in any notice in an Executable version
  103. or related documentation in which You describe the origin or ownership of
  104. the Covered Code.
  105. 3.4. Intellectual Property Matters
  106. (a) Third Party Claims. If You have knowledge that a party claims an intellectual
  107. property right in particular functionality or code (or its utilization under
  108. this License), you must include a text file with the source code distribution
  109. titled "LEGAL" which describes the claim and the party making the claim in
  110. sufficient detail that a recipient will know whom to contact. If you obtain
  111. such knowledge after You make Your Modification available as described in
  112. Section 3.2, You shall promptly modify the LEGAL file in all copies You make
  113. available thereafter and shall take other steps (such as notifying appropriate
  114. mailing lists or newsgroups) reasonably calculated to inform those who received
  115. the Covered Code that new knowledge has been obtained.
  116. (b) Contributor APIs. If Your Modification is an application programming interface
  117. and You own or control patents which are reasonably necessary to implement
  118. that API, you must also include this information in the LEGAL file.
  119. 3.5. Required Notices. You must duplicate the notice in Exhibit A in each
  120. file of the Source Code, and this License in any documentation for the Source
  121. Code, where You describe recipients' rights relating to Covered Code. If You
  122. created one or more Modification(s), You may add your name as a Contributor
  123. to the Source Code. If it is not possible to put such notice in a particular
  124. Source Code file due to its structure, then you must include such notice in
  125. a location (such as a relevant directory file) where a user would be likely
  126. to look for such a notice. You may choose to offer, and to charge a fee for,
  127. warranty, support, indemnity or liability obligations to one or more recipients
  128. of Covered Code.
  129. However, You may do so only on Your own behalf, and not on behalf of the Initial
  130. Developer or any Contributor. You must make it absolutely clear that any such
  131. warranty, support, indemnity or liability obligation is offered by You alone,
  132. and You hereby agree to indemnify the Initial Developer and every Contributor
  133. for any liability incurred by the Initial Developer or such Contributor as
  134. a result of warranty, support, indemnity or liability terms You offer.
  135. 3.6. Distribution of Executable Versions. You may distribute Covered Code
  136. in Executable form only if the requirements of Section 3.1-3.5 have been met
  137. for that Covered Code, and if You include a notice stating that the Source
  138. Code version of the Covered Code is available under the terms of this License,
  139. including a description of how and where You have fulfilled the obligations
  140. of Section 3.2. The notice must be conspicuously included in any notice in
  141. an Executable version, related documentation or collateral in which You describe
  142. recipients' rights relating to the Covered Code. You may distribute the Executable
  143. version of Covered Code under a license of Your choice, which may contain
  144. terms different from this License, provided that You are in compliance with
  145. the terms of this License and that the license for the Executable version
  146. does not attempt to limit or alter the recipient's rights in the Source Code
  147. version from the rights set forth in this License. If You distribute the Executable
  148. version under a different license You must make it absolutely clear that any
  149. terms which differ from this License are offered by You alone, not by the
  150. Initial Developer or any Contributor. You hereby agree to indemnify the Initial
  151. Developer and every Contributor for any liability incurred by the Initial
  152. Developer or such Contributor as a result of any such terms You offer.
  153. If you distribute executable versions containing Covered Code, you must reproduce
  154. the notice in Exhibit B in the documentation and/or other materials provided
  155. with the product.
  156. 3.7. Larger Works. You may create a Larger Work by combining Covered Code
  157. with other code not governed by the terms of this License and distribute the
  158. Larger Work as a single product. In such a case, You must make sure the requirements
  159. of this License are fulfilled for the Covered Code.
  160. 4. INABILITY TO COMPLY DUE TO STATUTE OR REGULATION
  161. If it is impossible for You to comply with any of the terms of this License
  162. with respect to some or all of the Covered Code due to statute or regulation
  163. then You must: (a) comply with the terms of this License to the maximum extent
  164. possible; (b) cite the statute or regulation that prohibits you from adhering
  165. to the license; and (c) describe the limitations and the code they affect.
  166. Such description must be included in the LEGAL file described in Section 3.4
  167. and must be included with all distributions of the Source Code. Except to
  168. the extent prohibited by statute or regulation, such description must be sufficiently
  169. detailed for a recipient of ordinary skill to be able to understand it. You
  170. must submit this LEGAL file to Red Hat for review, and You will not be able
  171. use the covered code in any means until permission is granted from Red Hat
  172. to allow for the inability to comply due to statute or regulation.
  173. 5. APPLICATION OF THIS LICENSE
  174. This License applies to code to which the Initial Developer has attached the
  175. notice in Exhibit A, and to related Covered Code.
  176. Red Hat may include Covered Code in products without such additional products
  177. becoming subject to the terms of this License, and may license such additional
  178. products on different terms from those contained in this License.
  179. Red Hat may license the Source Code of Red Hat Branded Code without Red Hat
  180. Branded Code becoming subject to the terms of this License, and may license
  181. Red Hat Branded Code on different terms from those contained in this License.
  182. Contact Red Hat for details of alternate licensing terms available.
  183. 6. VERSIONS OF THE LICENSE
  184. 6.1. New Versions. Red Hat may publish revised and/or new versions of the
  185. License from time to time. Each version will be given a distinguishing version
  186. number.
  187. 6.2. Effect of New Versions. Once Covered Code has been published under a
  188. particular version of the License, You may always continue to use it under
  189. the terms of that version. You may also choose to use such Covered Code under
  190. the terms of any subsequent version of the License published by Red Hat. No
  191. one other than Red Hat has the right to modify the terms applicable to Covered
  192. Code beyond what is granted under this and subsequent Licenses.
  193. 6.3. Derivative Works. If you create or use a modified version of this License
  194. (which you may only do in order to apply it to code which is not already Covered
  195. Code governed by this License), you must (a) rename Your license so that the
  196. phrases "ECOS", "eCos", "Red Hat", "RHEPL" or any confusingly similar phrase
  197. do not appear anywhere in your license and (b) otherwise make it clear that
  198. your version of the license contains terms which differ from the Red Hat eCos
  199. Public License. (Filling in the name of the Initial Developer, Original Code
  200. or Contributor in the notice described in Exhibit A shall not of themselves
  201. be deemed to be modifications of this License.)
  202. 7. DISCLAIMER OF WARRANTY
  203. COVERED CODE IS PROVIDED UNDER THIS LICENSE ON AN "AS IS" BASIS, WITHOUT WARRANTY
  204. OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING, WITHOUT LIMITATION, WARRANTIES
  205. THAT THE COVERED CODE IS FREE OF DEFECTS, MERCHANTABLE, FIT FOR A PARTICULAR
  206. PURPOSE OR NON-INFRINGING. THE ENTIRE RISK AS TO THE QUALITY AND PERFORMANCE
  207. OF THE COVERED CODE IS WITH YOU. SHOULD ANY COVERED CODE PROVE DEFECTIVE IN
  208. ANY RESPECT, YOU (NOT THE INITIAL DEVELOPER OR ANY OTHER CONTRIBUTOR) ASSUME
  209. THE COST OF ANY NECESSARY SERVICING, REPAIR OR CORRECTION. THIS DISCLAIMER
  210. OF WARRANTY CONSTITUTES AN ESSENTIAL PART OF THIS LICENSE. NO USE OF ANY COVERED
  211. CODE IS AUTHORIZED HEREUNDER EXCEPT UNDER THIS DISCLAIMER.
  212. 8. TERMINATION
  213. This License and the rights granted hereunder will terminate automatically
  214. if You fail to comply with terms herein and fail to cure such breach within
  215. 30 days of becoming aware of the breach. All sublicenses to the Covered Code
  216. which are properly granted shall survive any termination of this License.
  217. Provisions which, by their nature, must remain in effect beyond the termination
  218. of this License shall survive.
  219. 9. LIMITATION OF LIABILITY
  220. UNDER NO CIRCUMSTANCES AND UNDER NO LEGAL THEORY, WHETHER TORT (INCLUDING
  221. NEGLIGENCE), CONTRACT, OR OTHERWISE, SHALL THE INITIAL DEVELOPER, ANY OTHER
  222. CONTRIBUTOR, OR ANY DISTRIBUTOR OF COVERED CODE, OR ANY SUPPLIER OF ANY OF
  223. SUCH PARTIES, BE LIABLE TO YOU OR ANY OTHER PERSON FOR ANY INDIRECT, SPECIAL,
  224. INCIDENTAL, OR CONSEQUENTIAL DAMAGES OF ANY CHARACTER INCLUDING, WITHOUT LIMITATION,
  225. DAMAGES FOR LOSS OF GOODWILL, WORK STOPPAGE, COMPUTER FAILURE OR MALFUNCTION,
  226. OR ANY AND ALL OTHER COMMERCIAL DAMAGES OR LOSSES, EVEN IF SUCH PARTY SHALL
  227. HAVE BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGES. THIS LIMITATION OF
  228. LIABILITY SHALL NOT APPLY TO LIABILITY FOR DEATH OR PERSONAL INJURY RESULTING
  229. FROM SUCH PARTY'S NEGLIGENCE TO THE EXTENT APPLICABLE LAW PROHIBITS SUCH LIMITATION.
  230. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL
  231. OR CONSEQUENTIAL DAMAGES, SO THAT EXCLUSION AND LIMITATION MAY NOT APPLY TO
  232. YOU.
  233. 10. U.S. GOVERNMENT END USERS
  234. The Covered Code is a "commercial item," as that term is defined in 48 C.F.R.
  235. 2.101 (Oct. 1995), consisting of "commercial computer software" and "commercial
  236. computer software documentation," as such terms are used in 48 C.F.R. 12.212
  237. (Sept. 1995). Consistent with 48 C.F.R. 12.212 and 48 C.F.R. 227.7202-1 through
  238. 227.7202-4 (June 1995), all U.S. Government End Users acquire Covered Code
  239. with only those rights set forth herein.
  240. 11. MISCELLANEOUS
  241. This License represents the complete agreement concerning subject matter hereof.
  242. If any provision of this License is held to be unenforceable, such provision
  243. shall be reformed only to the extent necessary to make it enforceable. This
  244. License shall be governed by California law provisions (except to the extent
  245. applicable law, if any, provides otherwise), excluding its conflict-of-law
  246. provisions. With respect to disputes in which at least one party is a citizen
  247. of, or an entity chartered or registered to do business in, the United States
  248. of America: (a) unless otherwise agreed in writing, all disputes relating
  249. to this License (excepting any dispute relating to intellectual property rights)
  250. shall be subject to final and binding arbitration, with the losing party paying
  251. all costs of arbitration; (b) any arbitration relating to this Agreement shall
  252. be held in Santa Clara County, California, under the auspices of JAMS/EndDispute;
  253. and (c) any litigation relating to this Agreement shall be subject to the
  254. jurisdiction of the Federal Courts of the Northern District of California,
  255. with venue lying in Santa Clara County, California, with the losing party
  256. responsible for costs, including without limitation, court costs and reasonable
  257. attorneys fees and expenses. The application of the United Nations Convention
  258. on Contracts for the International Sale of Goods is expressly excluded. Any
  259. law or regulation which provides that the language of a contract shall be
  260. construed against the drafter shall not apply to this License.
  261. 12. RESPONSIBILITY FOR CLAIMS
  262. Except in cases where another Contributor has failed to comply with Section
  263. 3.4, You are responsible for damages arising, directly or indirectly, out
  264. of Your utilization of rights under this License, based on the number of copies
  265. of Covered Code you made available, the revenues you received from utilizing
  266. such rights, and other relevant factors. You agree to work with affected parties
  267. to distribute responsibility on an equitable basis.
  268. 13. ADDITIONAL TERMS APPLICABLE TO THE RED HAT ECOS PUBLIC LICENSE
  269. Nothing in this License shall be interpreted to prohibit Red Hat from licensing
  270. under different terms than this License any code which Red Hat otherwise would
  271. have a right to license.
  272. Red Hat and logo - This License does not grant any rights to use the trademark
  273. Red Hat, the Red Hat logo, eCos logo, even if such marks are included in the
  274. Original Code. You may contact Red Hat for permission to display the Red Hat
  275. and eCos marks in either the documentation or the Executable version beyond
  276. that required in Exhibit B.
  277. Inability to Comply Due to Contractual Obligation - To the extent that Red
  278. Hat is limited contractually from making third party code available under
  279. this License, Red Hat may choose to integrate such third party code into Covered
  280. Code without being required to distribute such third party code in Source
  281. Code form, even if such third party code would otherwise be considered "Modifications"
  282. under this License. EXHIBIT A
  283. "The contents of this file are subject to the Red Hat eCos Public License
  284. Version 1.1 (the "License"); you may not use this file except in compliance
  285. with the License. You may obtain a copy of the License at http://www.redhat.com/
  286. Software distributed under the License is distributed on an "AS IS" basis,
  287. WITHOUT WARRANTY OF ANY KIND, either express or implied. See the License for
  288. the specific language governing rights and limitations under the License.
  289. The Original Code is eCos - Embedded Configurable Operating System, released
  290. September 30, 1998. The Initial Developer of the Original Code is Red Hat.
  291. Portions created by Red Hat are Copyright (C) 1998, 1999, 2000 Red Hat, Inc.
  292. All Rights Reserved."
  293. EXHIBIT B
  294. Part of the software embedded in this product is eCos - Embedded Configurable
  295. Operating System, a trademark of Red Hat. Portions created by Red Hat are
  296. Copyright (C) 1998, 1999, 2000 Red Hat, Inc. (http://www.redhat.com/). All
  297. Rights Reserved.
  298. THE SOFTWARE IN THIS PRODUCT WAS IN PART PROVIDED BY RED HAT AND ANY EXPRESS
  299. OR IMPLIED WARRANTIES, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES
  300. OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE ARE DISCLAIMED. IN
  301. NO EVENT SHALL THE AUTHOR BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL,
  302. SPECIAL, EXEMPLARY, OR CONSEQUENTIAL DAMAGES (INCLUDING, BUT NOT LIMITED TO,
  303. PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES; LOSS OF USE, DATA, OR PROFITS;
  304. OR BUSINESS INTERRUPTION) HOWEVER CAUSED AND ON ANY THEORY OF LIABILITY, WHETHER
  305. IN CONTRACT, STRICT LIABILITY, OR TORT (INCLUDING NEGLIGENCE OR OTHERWISE)
  306. ARISING IN ANY WAY OUT OF THE USE OF THIS SOFTWARE, EVEN IF ADVISED OF THE
  307. POSSIBILITY OF SUCH DAMAGE.
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