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. 396 397 398 399 400 401 402