resources.stdlicenses.RHeCos-1.1.html Maven / Gradle / Ivy
Red Hat eCos Public License v1.1 | Software Package Data Exchange (SPDX)
Red Hat eCos Public License v1.1
Full name
Red Hat eCos Public License v1.1
Short identifier
RHeCos-1.1
Other web pages for this license
Notes
None
Text
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.
Standard License Header
There is no standard license header for the license
