276 lines
15 KiB
Plaintext
276 lines
15 KiB
Plaintext
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End User License Certificate (EULA) End User License Certificate
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(EULA)
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Support Support
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QNX Source Licenses QNX Source Licenses
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License of the month
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Confidential Source License
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Version 1.0
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QNX Open Community License Version 1.0
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THIS QNX OPEN COMMUNITY LICENSE ( "THE OCL", OR "THIS AGREEMENT")
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APPLIES TO PROGRAMS THAT QNX SOFTWARE SYSTEMS LTD. ("QSS") EXPRESSLY
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ELECTS TO LICENSE UNDER THE OCL TERMS. IT ALSO APPLIES TO DERIVATIVE
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WORKS CREATED UNDER THIS AGREEMENT THAT CREATORS ELECT TO LICENSE TO
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OTHERS IN SOURCE CODE FORM. ANY USE, REPRODUCTION, MODIFICATION OR
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DISTRIBUTION OF SUCH PROGRAMS CONSTITUTES RECIPIENT'S ACCEPTANCE OF
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THE OCL. THE LICENSE RIGHTS GRANTED BELOW ARE CONDITIONAL UPON
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RECIPIENT'S ACCEPTANCE OF THIS AGREEMENT AND THE FORMATION OF A
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BINDING CONTRACT. NOTHING ELSE GRANTS PERMISSION TO USE, REPRODUCE,
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MODIFY OR DISTRIBUTE SUCH PROGRAMS OR THEIR DERIVATIVE WORKS. THESE
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ACTIONS ARE OTHERWISE PROHIBITED. CONTACT QSS IF OTHER STEPS ARE
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REQUIRED LOCALLY TO CREATE A BINDING CONTRACT.
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The OCL is intended to promote the development, use and distribution
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of derivative works created from QSS source code. This includes
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commercial distribution of object code versions under the terms of
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Recipient's own license agreement and, at Recipient's option, sharing
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of source code modifications within the QNX developer's community. The
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license granted under the OCL is royalty free. Recipient is entitled
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to charge royalties for object code versions of derivative works that
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originate with Recipient. If Recipient elects to license source code
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for its derivative works to others, then it must be licensed under the
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OCL. The terms of the OCL are as follows:
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1. DEFINITIONS
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"Contribution" means:
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a. in the case of QSS: (i) the Original Program, where the Original
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Program originates from QSS, (ii) changes and/or additions to
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Unrestricted Open Source, where the Original Program originates
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from Unrestricted Open Source and where such changes and/or
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additions originate from QSS, and (iii) changes and/or additions
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to the Program where such changes and/or additions originate from
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QSS.
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b. in the case of each Contributor, changes and/or additions to the
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Program, where such changes and/or additions originate from and
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are distributed by that particular Contributor.
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A Contribution 'originates' from a Contributor if it was added to the
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Program by such Contributor itself or anyone acting on such
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Contributor's behalf. Contributions do not include additions to the
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Program which: (i) are separate modules of software distributed in
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conjunction with the Program under their own license agreement, and
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(ii) are not derivative works of the Program.
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"Contributor" means QSS and any other entity that distributes the
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Program.
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"Licensed Patents " mean patent claims licensable by Contributor to
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others, which are necessarily infringed by the use or sale of its
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Contribution alone or when combined with the Program.
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"Unrestricted Open Source" means published source code that is
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licensed for free use and distribution under an unrestricted licensing
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and distribution model, such as the Berkley Software Design ("BSD")
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and "BSD-like" licenses. It specifically excludes any source code
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licensed under any version of the GNU General Public License (GPL) or
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the GNU Lesser/Library GPL. All "Unrestricted Open Source" license
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terms appear or are clearly identified in the header of any affected
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source code for the Original Program.
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"Original Program" means the original version of the software
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accompanying this Agreement as released by QSS, including source code,
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object code and documentation, if any.
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"Program" means the Original Program and Contributions.
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"Recipient" means anyone who receives the Program under this
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Agreement, including all Contributors.
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2. GRANT OF RIGHTS
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a. Subject to the terms of this Agreement, each Contributor hereby
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grants Recipient a non-exclusive, worldwide, royalty-free
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copyright license to reproduce, prepare derivative works of,
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publicly display, publicly perform, and directly and indirectly
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sublicense and distribute the Contribution of such Contributor, if
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any, and such derivative works, in source code and object code
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form.
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b. Subject to the terms of this Agreement, each Contributor hereby
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grants Recipient a non-exclusive, worldwide, royalty-free patent
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license under Licensed Patents to make, use, sell, offer to sell,
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import and otherwise transfer the Contribution of such
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Contributor, if any, in source code and object code form. This
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patent license shall apply to the combination of the Contribution
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and the Program if, at the time the Contribution is added by the
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Contributor, such addition of the Contribution causes such
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combination to be covered by the Licensed Patents. The patent
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license shall not apply to any other combinations which include
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the Contribution.
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c. Recipient understands that although each Contributor grants the
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licenses to its Contributions set forth herein, no assurances are
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provided by any Contributor that the Program does not infringe the
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patent or other intellectual property rights of any other entity.
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Each Contributor disclaims any liability to Recipient for claims
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brought by any other entity based on infringement of intellectual
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property rights or otherwise. As a condition to exercising the
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rights and licenses granted hereunder, each Recipient hereby
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assumes sole responsibility to secure any other intellectual
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property rights needed, if any. For example, if a third party
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patent license is required to allow Recipient to distribute the
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Program, it is Recipient's responsibility to acquire that license
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before distributing the Program.
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d. Each Contributor represents that to its knowledge it has
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sufficient copyright rights in its Contribution, if any, to grant
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the copyright license set forth in this Agreement.
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3. REQUIREMENTS
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A Contributor may choose to distribute the Program in object code form
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under its own license agreement, provided that:
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a. it complies with the terms and conditions of this Agreement; and
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b. its license agreement:
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i. effectively disclaims on behalf of all Contributors all
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warranties and conditions, express and implied, including
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warranties or conditions of title and non-infringement, and
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implied warranties or conditions of merchantability and
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fitness for a particular purpose;
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ii. effectively excludes on behalf of all Contributors all
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liability for damages, including direct, indirect, special,
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incidental and consequential damages, such as lost profits;
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and
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iii. states that any provisions which differ from this Agreement
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are offered by that Contributor alone and not by any other
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party.
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If the Program is made available in source code form:
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a. it must be made available under this Agreement; and
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b. a copy of this Agreement must be included with each copy of the
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Program. Each Contributor must include the following in a
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conspicuous location in the Program along with any other copyright
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or attribution statements required by the terms of any applicable
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Unrestricted Open Source license:
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Copyright {date here}, QNX Software Systems Ltd. and others. All
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Rights Reserved.
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In addition, each Contributor must identify itself as the originator
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of its Contribution, if any, in a manner that reasonably allows
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subsequent Recipients to identify the originator of the Contribution.
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4. COMMERCIAL DISTRIBUTION
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Commercial distributors of software may accept certain
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responsibilities with respect to end users, business partners and the
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like. While this license is intended to facilitate the commercial use
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of the Program, the Contributor who includes the Program in a
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commercial product offering should do so in a manner which does not
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create potential liability for other Contributors. Therefore, if a
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Contributor includes the Program in a commercial product offering,
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such Contributor ("Commercial Contributor") hereby agrees to defend
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and indemnify every other Contributor ("Indemnified Contributor")
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against any losses, damages and costs (collectively "Losses") arising
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from claims, lawsuits and other legal actions brought by a third party
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against the Indemnified Contributor to the extent caused by the acts
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or omissions of such Commercial Contributor in connection with its
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distribution of the Program in a commercial product offering. The
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obligations in this section do not apply to any claims or Losses
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relating to any actual or alleged intellectual property infringement.
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In order to qualify, an Indemnified Contributor must: a) promptly
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notify the Commercial Contributor in writing of such claim, and b)
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allow the Commercial Contributor to control, and cooperate with the
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Commercial Contributor in, the defense and any related settlement
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negotiations. The Indemnified Contributor may participate in any such
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claim at its own expense.
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For example, a Contributor might include the Program in a commercial
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product offering, Product X. That Contributor is then a Commercial
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Contributor. If that Commercial Contributor then makes performance
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claims, or offers warranties related to Product X, those performance
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claims and warranties are such Commercial Contributor's responsibility
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alone. Under this section, the Commercial Contributor would have to
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defend claims against the other Contributors related to those
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performance claims and warranties, and if a court requires any other
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Contributor to pay any damages as a result, the Commercial Contributor
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must pay those damages.
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5. NO WARRANTY
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Recipient acknowledges that there may be errors or bugs in the Program
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and that it is imperative that Recipient conduct thorough testing to
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identify and correct any problems prior to the productive use or
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commercial release of any products that use the Program, and prior to
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the release of any modifications, updates or enhancements thereto.
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EXCEPT AS EXPRESSLY SET FORTH IN THIS AGREEMENT, THE PROGRAM IS
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PROVIDED ON AN "AS IS" BASIS, WITHOUT WARRANTIES OR CONDITIONS OF ANY
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KIND, EITHER EXPRESS OR IMPLIED INCLUDING, WITHOUT LIMITATION, ANY
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WARRANTIES OR CONDITIONS OF TITLE, NON- INFRINGEMENT, MERCHANTABILITY
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OR FITNESS FOR A PARTICULAR PURPOSE. Each Recipient is solely
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responsible for determining the appropriateness of using and
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distributing the Program and assumes all risks associated with its
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exercise of rights under this Agreement, including but not limited to
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the risks and costs of program errors, compliance with applicable
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laws, damage to or loss of data, programs or equipment, and
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unavailability or interruption of operations.
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6. DISCLAIMER OF LIABILITY
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EXCEPT AS EXPRESSLY SET FORTH IN THIS AGREEMENT, NEITHER RECIPIENT NOR
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ANY CONTRIBUTORS SHALL HAVE ANY LIABILITY FOR ANY DIRECT, INDIRECT,
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INCIDENTAL, SPECIAL, EXEMPLARY, OR CONSEQUENTIAL DAMAGES (INCLUDING
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WITHOUT LIMITATION LOST PROFITS), HOWEVER CAUSED AND ON ANY THEORY OF
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LIABILITY, WHETHER IN CONTRACT, STRICT LIABILITY, OR TORT (INCLUDING
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NEGLIGENCE OR OTHERWISE) ARISING IN ANY WAY OUT OF THE USE OR
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DISTRIBUTION OF THE PROGRAM OR THE EXERCISE OF ANY RIGHTS GRANTED
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HEREUNDER, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
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7. GENERAL
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If any provision of this Agreement is invalid or unenforceable under
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applicable law, it shall not affect the validity or enforceability of
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the remainder of the terms of this Agreement, and without further
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action by the parties hereto, such provision shall be reformed to the
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minimum extent necessary to make such provision valid and enforceable.
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If Recipient institutes patent litigation against a Contributor with
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respect to a patent applicable to software (including a cross-claim or
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counterclaim in a lawsuit), then any patent licenses granted by that
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Contributor to such recipient under this Agreement shall terminate as
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of the date such litigation is filed. In addition, If Recipient
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institutes patent litigation against any entity (including a
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cross-claim or counterclaim in a lawsuit) alleging that the Program
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itself (excluding combinations of the Program with other software or
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hardware) infringes such Recipient's patent(s), then such Recipient's
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rights granted under Section 2(b) shall terminate as of the date such
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litigation is filed.
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All Recipient's rights under this Agreement shall terminate if it
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fails to comply with any of the material terms or conditions of this
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Agreement and does not cure such failure in a reasonable period of
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time after becoming aware of such noncompliance. If all Recipient's
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rights under this Agreement terminate, Recipient agrees to cease use
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and distribution of the Program as soon as reasonably practicable.
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However, Recipient's obligations under this Agreement and any licenses
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granted by Recipient relating to the Program shall continue and
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survive.
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QSS may publish new versions (including revisions) of this Agreement
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from time to time. Each new version of the Agreement will be given a
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distinguishing version number. The Program (including Contributions)
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may always be distributed subject to the version of the Agreement
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under which it was received. In addition, after a new version of the
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Agreement is published, Contributor may elect to distribute the
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Program (including its Contributions) under the new version. No one
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other than QSS has the right to modify this Agreement. Except as
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expressly stated in Sections 2(a) and 2(b) above, Recipient receives
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no rights or licenses to the intellectual property of any Contributor
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under this Agreement, whether expressly, by implication, estoppel or
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otherwise. All rights in the Program not expressly granted under this
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Agreement are reserved.
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This Agreement is governed by the laws in force in the Province of
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Ontario, Canada without regard to the conflict of law provisions
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therein. The parties expressly disclaim the provisions of the United
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Nations Convention on Contracts for the International Sale of Goods.
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No party to this Agreement will bring a legal action under this
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Agreement more than one year after the cause of action arose. Each
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party waives its rights to a jury trial in any resulting litigation.
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* QNX is a registered trademark of QNX Software Systems Ltd.
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Document Version: ocl1_00
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