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374 lines
21 KiB
Groff
374 lines
21 KiB
Groff
Red Hat eCos Public License v1.1
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1. DEFINITIONS
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1.1. "Contributor" means each entity that creates or contributes to the creation
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of Modifications.
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1.2. "Contributor Version" means the combination of the Original Code, prior
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Modifications used by a Contributor, and the Modifications made by that particular
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Contributor.
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1.3. "Covered Code" means the Original Code or Modifications or the combination
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of the Original Code and Modifications, in each case including portions thereof.
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1.4. "Electronic Distribution Mechanism" means a mechanism generally accepted
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in the software development community for the electronic transfer of data.
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1.5. "Executable" means Covered Code in any form other than Source Code.
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1.6. "Initial Developer" means the individual or entity identified as the
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Initial Developer in the Source Code notice required by Exhibit A.
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1.7. "Larger Work" means a work which combines Covered Code or portions thereof
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with code not governed by the terms of this License.
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1.8. "License" means this document.
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1.9. "Modifications" means any addition to or deletion from the substance
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or structure of either the Original Code or any previous Modifications. When
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Covered Code is released as a series of files, a Modification is:
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A. Any addition to or deletion from the contents of a file containing Original
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Code or previous Modifications.
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B. Any new file that contains any part of the Original Code or previous Modifications.
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1.10. "Original Code" means Source Code of computer software code which is
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described in the Source Code notice required by Exhibit A as Original Code,
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and which, at the time of its release under this License is not already Covered
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Code governed by this License.
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1.11. "Source Code" means the preferred form of the Covered Code for making
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modifications to it, including all modules it contains, plus any associated
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interface definition files, scripts used to control compilation and installation
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of an Executable, or a list of source code differential comparisons against
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either the Original Code or another well known, available Covered Code of
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the Contributor's choice. The Source Code can be in a compressed or archival
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form, provided the appropriate decompression or de-archiving software is widely
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available for no charge.
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1.12. "You" means an individual or a legal entity exercising rights under,
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and complying with all of the terms of, this License or a future version of
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this License issued under Section 6.1. For legal entities, "You" includes
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any entity which controls, is controlled by, or is under common control with
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You. For purposes of this definition, "control" means (a) the power, direct
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or indirect, to cause the direction or management of such entity, whether
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by contract or otherwise, or (b) ownership of fifty percent (50%) or more
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of the outstanding shares or beneficial ownership of such entity.
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1.13. "Red Hat Branded Code" is code that Red Hat distributes and/or permits
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others to distribute under different terms than the Red Hat eCos Public License.
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Red Hat's Branded Code may contain part or all of the Covered Code.
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2. SOURCE CODE LICENSE
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2.1. The Initial Developer Grant. The Initial Developer hereby grants You
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a world-wide, royalty-free, non-exclusive license, subject to third party
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intellectual property claims:
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(a) to use, reproduce, modify, display, perform, sublicense and distribute
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the Original Code (or portions thereof) with or without Modifications, or
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as part of a Larger Work; and
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(b) under patents now or hereafter owned or controlled by Initial Developer,
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to make, have made, use and sell ("Utilize") the Original Code (or portions
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thereof), but solely to the extent that any such patent is reasonably necessary
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to enable You to Utilize the Original Code (or portions thereof) and not to
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any greater extent that may be necessary to Utilize further Modifications
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or combinations.
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2.2. Contributor Grant. Each Contributor hereby grants You a world-wide, royalty-free,
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non-exclusive license, subject to third party intellectual property claims:
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(a) to use, reproduce, modify, display, perform, sublicense and distribute
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the Modifications created by such Contributor (or portions thereof) either
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on an unmodified basis, with other Modifications, as Covered Code or as part
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of a Larger Work; and
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(b) under patents now or hereafter owned or controlled by Contributor, to
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Utilize the Contributor Version (or portions thereof), but solely to the extent
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that any such patent is reasonably necessary to enable You to Utilize the
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Contributor Version (or portions thereof), and not to any greater extent that
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may be necessary to Utilize further Modifications or combinations.
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3. DISTRIBUTION OBLIGATIONS
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3.1. Application of License. The Modifications which You create or to which
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You contribute are governed by the terms of this License, including without
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limitation Section 2.2. The Source Code version of Covered Code may be distributed
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only under the terms of this License or a future version of this License released
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under Section 6.1, and You must include a copy of this License with every
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copy of the Source Code You distribute. You may not offer or impose any terms
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on any Source Code version that alters or restricts the applicable version
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of this License or the recipients' rights hereunder. However, You may include
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an additional document offering the additional rights described in Section
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3.5.
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3.2. Availability of Source Code. Any Modification which You create or to
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which You contribute must be made available in Source Code form under the
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terms of this License via an accepted Electronic Distribution Mechanism to
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anyone to whom you made an Executable version available and to the Initial
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Developer; and if made available via Electronic Distribution Mechanism, must
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remain available for at least twelve (12) months after the date it initially
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became available, or at least six (6) months after a subsequent version of
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that particular Modification has been made available to such recipients. You
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are responsible for ensuring that the Source Code version remains available
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even if the Electronic Distribution Mechanism is maintained by a third party.
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You are responsible for notifying the Initial Developer of the Modification
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and the location of the Source if a contact means is provided. Red Hat will
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be acting as maintainer of the Source and may provide an Electronic Distribution
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mechanism for the Modification to be made available. You can contact Red Hat
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to make the Modification available and to notify the Initial Developer. (http://sourceware.cygnus.com/ecos/)
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3.3. Description of Modifications. You must cause all Covered Code to which
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you contribute to contain a file documenting the changes You made to create
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that Covered Code and the date of any change. You must include a prominent
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statement that the Modification is derived, directly or indirectly, from Original
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Code provided by the Initial Developer and including the name of the Initial
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Developer in (a) the Source Code, and (b) in any notice in an Executable version
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or related documentation in which You describe the origin or ownership of
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the Covered Code.
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3.4. Intellectual Property Matters
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(a) Third Party Claims. If You have knowledge that a party claims an intellectual
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property right in particular functionality or code (or its utilization under
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this License), you must include a text file with the source code distribution
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titled "LEGAL" which describes the claim and the party making the claim in
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sufficient detail that a recipient will know whom to contact. If you obtain
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such knowledge after You make Your Modification available as described in
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Section 3.2, You shall promptly modify the LEGAL file in all copies You make
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available thereafter and shall take other steps (such as notifying appropriate
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mailing lists or newsgroups) reasonably calculated to inform those who received
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the Covered Code that new knowledge has been obtained.
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(b) Contributor APIs. If Your Modification is an application programming interface
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and You own or control patents which are reasonably necessary to implement
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that API, you must also include this information in the LEGAL file.
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3.5. Required Notices. You must duplicate the notice in Exhibit A in each
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file of the Source Code, and this License in any documentation for the Source
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Code, where You describe recipients' rights relating to Covered Code. If You
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created one or more Modification(s), You may add your name as a Contributor
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to the Source Code. If it is not possible to put such notice in a particular
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Source Code file due to its structure, then you must include such notice in
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a location (such as a relevant directory file) where a user would be likely
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to look for such a notice. You may choose to offer, and to charge a fee for,
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warranty, support, indemnity or liability obligations to one or more recipients
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of Covered Code.
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However, You may do so only on Your own behalf, and not on behalf of the Initial
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Developer or any Contributor. You must make it absolutely clear that any such
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warranty, support, indemnity or liability obligation is offered by You alone,
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and You hereby agree to indemnify the Initial Developer and every Contributor
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for any liability incurred by the Initial Developer or such Contributor as
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a result of warranty, support, indemnity or liability terms You offer.
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3.6. Distribution of Executable Versions. You may distribute Covered Code
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in Executable form only if the requirements of Section 3.1-3.5 have been met
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for that Covered Code, and if You include a notice stating that the Source
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Code version of the Covered Code is available under the terms of this License,
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including a description of how and where You have fulfilled the obligations
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of Section 3.2. The notice must be conspicuously included in any notice in
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an Executable version, related documentation or collateral in which You describe
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recipients' rights relating to the Covered Code. You may distribute the Executable
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version of Covered Code under a license of Your choice, which may contain
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terms different from this License, provided that You are in compliance with
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the terms of this License and that the license for the Executable version
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does not attempt to limit or alter the recipient's rights in the Source Code
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version from the rights set forth in this License. If You distribute the Executable
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version under a different license You must make it absolutely clear that any
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terms which differ from this License are offered by You alone, not by the
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Initial Developer or any Contributor. You hereby agree to indemnify the Initial
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Developer and every Contributor for any liability incurred by the Initial
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Developer or such Contributor as a result of any such terms You offer.
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If you distribute executable versions containing Covered Code, you must reproduce
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the notice in Exhibit B in the documentation and/or other materials provided
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with the product.
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3.7. Larger Works. You may create a Larger Work by combining Covered Code
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with other code not governed by the terms of this License and distribute the
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Larger Work as a single product. In such a case, You must make sure the requirements
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of this License are fulfilled for the Covered Code.
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4. INABILITY TO COMPLY DUE TO STATUTE OR REGULATION
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If it is impossible for You to comply with any of the terms of this License
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with respect to some or all of the Covered Code due to statute or regulation
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then You must: (a) comply with the terms of this License to the maximum extent
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possible; (b) cite the statute or regulation that prohibits you from adhering
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to the license; and (c) describe the limitations and the code they affect.
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Such description must be included in the LEGAL file described in Section 3.4
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and must be included with all distributions of the Source Code. Except to
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the extent prohibited by statute or regulation, such description must be sufficiently
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detailed for a recipient of ordinary skill to be able to understand it. You
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must submit this LEGAL file to Red Hat for review, and You will not be able
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use the covered code in any means until permission is granted from Red Hat
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to allow for the inability to comply due to statute or regulation.
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5. APPLICATION OF THIS LICENSE
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This License applies to code to which the Initial Developer has attached the
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notice in Exhibit A, and to related Covered Code.
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Red Hat may include Covered Code in products without such additional products
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becoming subject to the terms of this License, and may license such additional
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products on different terms from those contained in this License.
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Red Hat may license the Source Code of Red Hat Branded Code without Red Hat
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Branded Code becoming subject to the terms of this License, and may license
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Red Hat Branded Code on different terms from those contained in this License.
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Contact Red Hat for details of alternate licensing terms available.
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6. VERSIONS OF THE LICENSE
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6.1. New Versions. Red Hat may publish revised and/or new versions of the
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License from time to time. Each version will be given a distinguishing version
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number.
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6.2. Effect of New Versions. Once Covered Code has been published under a
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particular version of the License, You may always continue to use it under
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the terms of that version. You may also choose to use such Covered Code under
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the terms of any subsequent version of the License published by Red Hat. No
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one other than Red Hat has the right to modify the terms applicable to Covered
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Code beyond what is granted under this and subsequent Licenses.
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6.3. Derivative Works. If you create or use a modified version of this License
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(which you may only do in order to apply it to code which is not already Covered
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Code governed by this License), you must (a) rename Your license so that the
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phrases "ECOS", "eCos", "Red Hat", "RHEPL" or any confusingly similar phrase
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do not appear anywhere in your license and (b) otherwise make it clear that
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your version of the license contains terms which differ from the Red Hat eCos
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Public License. (Filling in the name of the Initial Developer, Original Code
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or Contributor in the notice described in Exhibit A shall not of themselves
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be deemed to be modifications of this License.)
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7. DISCLAIMER OF WARRANTY
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COVERED CODE IS PROVIDED UNDER THIS LICENSE ON AN "AS IS" BASIS, WITHOUT WARRANTY
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OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING, WITHOUT LIMITATION, WARRANTIES
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THAT THE COVERED CODE IS FREE OF DEFECTS, MERCHANTABLE, FIT FOR A PARTICULAR
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PURPOSE OR NON-INFRINGING. THE ENTIRE RISK AS TO THE QUALITY AND PERFORMANCE
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OF THE COVERED CODE IS WITH YOU. SHOULD ANY COVERED CODE PROVE DEFECTIVE IN
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ANY RESPECT, YOU (NOT THE INITIAL DEVELOPER OR ANY OTHER CONTRIBUTOR) ASSUME
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THE COST OF ANY NECESSARY SERVICING, REPAIR OR CORRECTION. THIS DISCLAIMER
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OF WARRANTY CONSTITUTES AN ESSENTIAL PART OF THIS LICENSE. NO USE OF ANY COVERED
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CODE IS AUTHORIZED HEREUNDER EXCEPT UNDER THIS DISCLAIMER.
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8. TERMINATION
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This License and the rights granted hereunder will terminate automatically
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if You fail to comply with terms herein and fail to cure such breach within
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30 days of becoming aware of the breach. All sublicenses to the Covered Code
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which are properly granted shall survive any termination of this License.
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Provisions which, by their nature, must remain in effect beyond the termination
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of this License shall survive.
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9. LIMITATION OF LIABILITY
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UNDER NO CIRCUMSTANCES AND UNDER NO LEGAL THEORY, WHETHER TORT (INCLUDING
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NEGLIGENCE), CONTRACT, OR OTHERWISE, SHALL THE INITIAL DEVELOPER, ANY OTHER
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CONTRIBUTOR, OR ANY DISTRIBUTOR OF COVERED CODE, OR ANY SUPPLIER OF ANY OF
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SUCH PARTIES, BE LIABLE TO YOU OR ANY OTHER PERSON FOR ANY INDIRECT, SPECIAL,
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INCIDENTAL, OR CONSEQUENTIAL DAMAGES OF ANY CHARACTER INCLUDING, WITHOUT LIMITATION,
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DAMAGES FOR LOSS OF GOODWILL, WORK STOPPAGE, COMPUTER FAILURE OR MALFUNCTION,
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OR ANY AND ALL OTHER COMMERCIAL DAMAGES OR LOSSES, EVEN IF SUCH PARTY SHALL
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HAVE BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGES. THIS LIMITATION OF
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LIABILITY SHALL NOT APPLY TO LIABILITY FOR DEATH OR PERSONAL INJURY RESULTING
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FROM SUCH PARTY'S NEGLIGENCE TO THE EXTENT APPLICABLE LAW PROHIBITS SUCH LIMITATION.
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SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL
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OR CONSEQUENTIAL DAMAGES, SO THAT EXCLUSION AND LIMITATION MAY NOT APPLY TO
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YOU.
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10. U.S. GOVERNMENT END USERS
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The Covered Code is a "commercial item," as that term is defined in 48 C.F.R.
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2.101 (Oct. 1995), consisting of "commercial computer software" and "commercial
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computer software documentation," as such terms are used in 48 C.F.R. 12.212
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(Sept. 1995). Consistent with 48 C.F.R. 12.212 and 48 C.F.R. 227.7202-1 through
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227.7202-4 (June 1995), all U.S. Government End Users acquire Covered Code
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with only those rights set forth herein.
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11. MISCELLANEOUS
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This License represents the complete agreement concerning subject matter hereof.
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If any provision of this License is held to be unenforceable, such provision
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shall be reformed only to the extent necessary to make it enforceable. This
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License shall be governed by California law provisions (except to the extent
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applicable law, if any, provides otherwise), excluding its conflict-of-law
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provisions. With respect to disputes in which at least one party is a citizen
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of, or an entity chartered or registered to do business in, the United States
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of America: (a) unless otherwise agreed in writing, all disputes relating
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to this License (excepting any dispute relating to intellectual property rights)
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shall be subject to final and binding arbitration, with the losing party paying
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all costs of arbitration; (b) any arbitration relating to this Agreement shall
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be held in Santa Clara County, California, under the auspices of JAMS/EndDispute;
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and (c) any litigation relating to this Agreement shall be subject to the
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jurisdiction of the Federal Courts of the Northern District of California,
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with venue lying in Santa Clara County, California, with the losing party
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responsible for costs, including without limitation, court costs and reasonable
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attorneys fees and expenses. The application of the United Nations Convention
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on Contracts for the International Sale of Goods is expressly excluded. Any
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law or regulation which provides that the language of a contract shall be
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construed against the drafter shall not apply to this License.
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12. RESPONSIBILITY FOR CLAIMS
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Except in cases where another Contributor has failed to comply with Section
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3.4, You are responsible for damages arising, directly or indirectly, out
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of Your utilization of rights under this License, based on the number of copies
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of Covered Code you made available, the revenues you received from utilizing
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such rights, and other relevant factors. You agree to work with affected parties
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to distribute responsibility on an equitable basis.
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13. ADDITIONAL TERMS APPLICABLE TO THE RED HAT ECOS PUBLIC LICENSE
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Nothing in this License shall be interpreted to prohibit Red Hat from licensing
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under different terms than this License any code which Red Hat otherwise would
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have a right to license.
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Red Hat and logo - This License does not grant any rights to use the trademark
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Red Hat, the Red Hat logo, eCos logo, even if such marks are included in the
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Original Code. You may contact Red Hat for permission to display the Red Hat
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and eCos marks in either the documentation or the Executable version beyond
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that required in Exhibit B.
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Inability to Comply Due to Contractual Obligation - To the extent that Red
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Hat is limited contractually from making third party code available under
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this License, Red Hat may choose to integrate such third party code into Covered
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Code without being required to distribute such third party code in Source
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Code form, even if such third party code would otherwise be considered "Modifications"
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under this License. EXHIBIT A
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"The contents of this file are subject to the Red Hat eCos Public License
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Version 1.1 (the "License"); you may not use this file except in compliance
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with the License. You may obtain a copy of the License at http://www.redhat.com/
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Software distributed under the License is distributed on an "AS IS" basis,
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WITHOUT WARRANTY OF ANY KIND, either express or implied. See the License for
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the specific language governing rights and limitations under the License.
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The Original Code is eCos - Embedded Configurable Operating System, released
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September 30, 1998. The Initial Developer of the Original Code is Red Hat.
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Portions created by Red Hat are Copyright (C) 1998, 1999, 2000 Red Hat, Inc.
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All Rights Reserved."
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EXHIBIT B
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Part of the software embedded in this product is eCos - Embedded Configurable
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Operating System, a trademark of Red Hat. Portions created by Red Hat are
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Copyright (C) 1998, 1999, 2000 Red Hat, Inc. (http://www.redhat.com/). All
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Rights Reserved.
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THE SOFTWARE IN THIS PRODUCT WAS IN PART PROVIDED BY RED HAT AND ANY EXPRESS
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OR IMPLIED WARRANTIES, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES
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OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE ARE DISCLAIMED. IN
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NO EVENT SHALL THE AUTHOR BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL,
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SPECIAL, EXEMPLARY, OR CONSEQUENTIAL DAMAGES (INCLUDING, BUT NOT LIMITED TO,
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PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES; LOSS OF USE, DATA, OR PROFITS;
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OR BUSINESS INTERRUPTION) HOWEVER CAUSED AND ON ANY THEORY OF LIABILITY, WHETHER
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IN CONTRACT, STRICT LIABILITY, OR TORT (INCLUDING NEGLIGENCE OR OTHERWISE)
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ARISING IN ANY WAY OUT OF THE USE OF THIS SOFTWARE, EVEN IF ADVISED OF THE
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POSSIBILITY OF SUCH DAMAGE.
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