Appendix 2: eCos Licensing
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## Appendix 2: eCos Licensing

### RED HAT ECOS PUBLIC LICENSE
Version 1.1

    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.

    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 recipients 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.

Appendix 2: eCos Licensing
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