Getting Started with eCosTM
Prev |  | Next

# Appendix A. CYGNUS ECOS PUBLIC LICENSE

    CYGNUS ECOS PUBLIC LICENSE Version 1.0

    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. "Cygnus"s Branded Code" is code that Cygnus
    Solutions ("Cygnus") distributes and/or permits others to
    distribute under different terms than the Cygnus eCos Public
    License. Cygnus"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. Cygnus 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 Cygnus 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 Cygnus for review, and You
    will not be able use the covered code in any means until
    permission is granted from Cygnus 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.
     Cygnus 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.
     Cygnus may license the Source Code of Cygnus"s Branded
    Code without Cygnus"s Branded Code becoming subject to the
    terms of this License, and may license Cygnus"s Branded Code
    on different terms from those contained in this License.
    Contact Cygnus for details of alternate licensing terms
    available.

    6. VERSIONS OF THE LICENSE.

     6.1. New Versions.
     Cygnus 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 Cygnus. No one other than Cygnus
    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",
    "Cygnus", "CPL" 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 eCos Public License and Cygnus 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 CYGNUS ECOS PUBLIC
    LICENSE.

     Nothing in this License shall be interpreted to
    prohibit Cygnus from licensing under different terms than
    this License any code which Cygnus otherwise would have a
    right to license.

     Cygnus and logo - This License does not grant any
    rights to use the trademark Cygnus, the Cygnus logo,
    eCos logo, even if such marks are included in the Original
    Code. You may contact Cygnus for permission to display the
    Cygnus 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 Cygnus is limited contractually from making
    third party code available under this License, Cygnus 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 Cygnus eCos Public License
    Version 1.0 (the "License"); you may not use this file except in
    compliance with the License. You may obtain a copy of the License at
    http://sourceware.cygnus.com/ecos

    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 Cygnus Operating System, released
    September 30, 1998.

    The Initial Developer of the Original Code is Cygnus. Portions created
    by Cygnus are Copyright (C) 1998, 1999 Cygnus Solutions. All Rights Reserved."

    EXHIBIT B.

    Part of the software embedded in this product is eCos -
    Embedded Cygnus Operating System, a trademark of Cygnus
    Solutions. Portions created by Cygnus are Copyright (C) 1998, 1999
    Cygnus Solutions (http://www.cygnus.com). All Rights
    Reserved.

    THE SOFTWARE IN THIS PRODUCT WAS IN PART PROVIDED BY CYGNUS
    SOLUTIONS 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.

Prev | Home | Next
Appendices | Up | The eCos Copyright Assignment Form