Platform_Mirocod/options/license/RHeCos-1.1

Red Hat eCos Public License v1.1

1. DEFINITIONS

1.1. "Contributor" means each entity that creates or contributes to the creation
of Modifications.

1.2. "Contributor Version" means the combination of the Original Code, prior
Modifications used by a Contributor, and the Modifications made by that particular
Contributor.

1.3. "Covered Code" means the Original Code or Modifications or the combination
of the Original Code and Modifications, in each case including portions thereof.

1.4. "Electronic Distribution Mechanism" means a mechanism generally accepted
in the software development community for the electronic transfer of data.

     1.5. "Executable" means Covered Code in any form other than Source Code.

1.6. "Initial Developer" means the individual or entity identified as the
Initial Developer in the Source Code notice required by Exhibit A.

1.7. "Larger Work" means a work which combines Covered Code or portions thereof
with code not governed by the terms of this License.

     1.8. "License" means this document.

1.9. "Modifications" means any addition to or deletion from the substance
or structure of either the Original Code or any previous Modifications. When
Covered Code is released as a series of files, a Modification is:

A. Any addition to or deletion from the contents of a file containing Original
Code or previous Modifications.

B. Any new file that contains any part of the Original Code or previous Modifications.

1.10. "Original Code" means Source Code of computer software code which is
described in the Source Code notice required by Exhibit A as Original Code,
and which, at the time of its release under this License is not already Covered
Code governed by this License.

1.11. "Source Code" means the preferred form of the Covered Code for making
modifications to it, including all modules it contains, plus any associated
interface definition files, scripts used to control compilation and installation
of an Executable, or a list of source code differential comparisons against
either the Original Code or another well known, available Covered Code of
the Contributor's choice. The Source Code can be in a compressed or archival
form, provided the appropriate decompression or de-archiving software is widely
available for no charge.

1.12. "You" means an individual or a legal entity exercising rights under,
and complying with all of the terms of, this License or a future version of
this License issued under Section 6.1. For legal entities, "You" includes
any entity which controls, is controlled by, or is under common control with
You. For purposes of this definition, "control" means (a) the power, direct
or indirect, to cause the direction or management of such entity, whether
by contract or otherwise, or (b) ownership of fifty percent (50%) or more
of the outstanding shares or beneficial ownership of such entity.

1.13. "Red Hat Branded Code" is code that Red Hat distributes and/or permits
others to distribute under different terms than the Red Hat eCos Public License.
Red Hat's Branded Code may contain part or all of the Covered Code.

2. SOURCE CODE LICENSE

2.1. The Initial Developer Grant. The Initial Developer hereby grants You
a world-wide, royalty-free, non-exclusive license, subject to third party
intellectual property claims:

(a) to use, reproduce, modify, display, perform, sublicense and distribute
the Original Code (or portions thereof) with or without Modifications, or
as part of a Larger Work; and

(b) under patents now or hereafter owned or controlled by Initial Developer,
to make, have made, use and sell ("Utilize") the Original Code (or portions
thereof), but solely to the extent that any such patent is reasonably necessary
to enable You to Utilize the Original Code (or portions thereof) and not to
any greater extent that may be necessary to Utilize further Modifications
or combinations.

2.2. Contributor Grant. Each Contributor hereby grants You a world-wide, royalty-free,
non-exclusive license, subject to third party intellectual property claims:

(a) to use, reproduce, modify, display, perform, sublicense and distribute
the Modifications created by such Contributor (or portions thereof) either
on an unmodified basis, with other Modifications, as Covered Code or as part
of a Larger Work; and

(b) under patents now or hereafter owned or controlled by Contributor, to
Utilize the Contributor Version (or portions thereof), but solely to the extent
that any such patent is reasonably necessary to enable You to Utilize the
Contributor Version (or portions thereof), and not to any greater extent that
may be necessary to Utilize further Modifications or combinations.

3. DISTRIBUTION OBLIGATIONS

3.1. Application of License. The Modifications which You create or to which
You contribute are governed by the terms of this License, including without
limitation Section 2.2. The Source Code version of Covered Code may be distributed
only under the terms of this License or a future version of this License released
under Section 6.1, and You must include a copy of this License with every
copy of the Source Code You distribute. You may not offer or impose any terms
on any Source Code version that alters or restricts the applicable version
of this License or the recipients' rights hereunder. However, You may include
an additional document offering the additional rights described in Section
3.5.

3.2. Availability of Source Code. Any Modification which You create or to
which You contribute must be made available in Source Code form under the
terms of this License via an accepted Electronic Distribution Mechanism to
anyone to whom you made an Executable version available and to the Initial
Developer; and if made available via Electronic Distribution Mechanism, must
remain available for at least twelve (12) months after the date it initially
became available, or at least six (6) months after a subsequent version of
that particular Modification has been made available to such recipients. You
are responsible for ensuring that the Source Code version remains available
even if the Electronic Distribution Mechanism is maintained by a third party.
You are responsible for notifying the Initial Developer of the Modification
and the location of the Source if a contact means is provided. Red Hat will
be acting as maintainer of the Source and may provide an Electronic Distribution
mechanism for the Modification to be made available. You can contact Red Hat
to make the Modification available and to notify the Initial Developer. (http://sourceware.cygnus.com/ecos/)

3.3. Description of Modifications. You must cause all Covered Code to which
you contribute to contain a file documenting the changes You made to create
that Covered Code and the date of any change. You must include a prominent
statement that the Modification is derived, directly or indirectly, from Original
Code provided by the Initial Developer and including the name of the Initial
Developer in (a) the Source Code, and (b) in any notice in an Executable version
or related documentation in which You describe the origin or ownership of
the Covered Code.

     3.4. Intellectual Property Matters

(a) Third Party Claims.  If You have knowledge that a party claims an intellectual
property right in particular functionality or code (or its utilization under
this License), you must include a text file with the source code distribution
titled "LEGAL" which describes the claim and the party making the claim in
sufficient detail that a recipient will know whom to contact. If you obtain
such knowledge after You make Your Modification available as described in
Section 3.2, You shall promptly modify the LEGAL file in all copies You make
available thereafter and shall take other steps (such as notifying appropriate
mailing lists or newsgroups) reasonably calculated to inform those who received
the Covered Code that new knowledge has been obtained.

(b) Contributor APIs. If Your Modification is an application programming interface
and You own or control patents which are reasonably necessary to implement
that API, you must also include this information in the LEGAL file.

3.5. Required Notices. You must duplicate the notice in Exhibit A in each
file of the Source Code, and this License in any documentation for the Source
Code, where You describe recipients' rights relating to Covered Code. If You
created one or more Modification(s), You may add your name as a Contributor
to the Source Code. If it is not possible to put such notice in a particular
Source Code file due to its structure, then you must include such notice in
a location (such as a relevant directory file) where a user would be likely
to look for such a notice. You may choose to offer, and to charge a fee for,
warranty, support, indemnity or liability obligations to one or more recipients
of Covered Code.

However, You may do so only on Your own behalf, and not on behalf of the Initial
Developer or any Contributor. You must make it absolutely clear that any such
warranty, support, indemnity or liability obligation is offered by You alone,
and You hereby agree to indemnify the Initial Developer and every Contributor
for any liability incurred by the Initial Developer or such Contributor as
a result of warranty, support, indemnity or liability terms You offer.

3.6. Distribution of Executable Versions. You may distribute Covered Code
in Executable form only if the requirements of Section 3.1-3.5 have been met
for that Covered Code, and if You include a notice stating that the Source
Code version of the Covered Code is available under the terms of this License,
including a description of how and where You have fulfilled the obligations
of Section 3.2. The notice must be conspicuously included in any notice in
an Executable version, related documentation or collateral in which You describe
recipients' rights relating to the Covered Code. You may distribute the Executable
version of Covered Code under a license of Your choice, which may contain
terms different from this License, provided that You are in compliance with
the terms of this License and that the license for the Executable version
does not attempt to limit or alter the recipient's rights in the Source Code
version from the rights set forth in this License. If You distribute the Executable
version under a different license You must make it absolutely clear that any
terms which differ from this License are offered by You alone, not by the
Initial Developer or any Contributor. You hereby agree to indemnify the Initial
Developer and every Contributor for any liability incurred by the Initial
Developer or such Contributor as a result of any such terms You offer.

If you distribute executable versions containing Covered Code, you must reproduce
the notice in Exhibit B in the documentation and/or other materials provided
with the product.

3.7. Larger Works. You may create a Larger Work by combining Covered Code
with other code not governed by the terms of this License and distribute the
Larger Work as a single product. In such a case, You must make sure the requirements
of this License are fulfilled for the Covered Code.

4. INABILITY TO COMPLY DUE TO STATUTE OR REGULATION

If it is impossible for You to comply with any of the terms of this License
with respect to some or all of the Covered Code due to statute or regulation
then You must: (a) comply with the terms of this License to the maximum extent
possible; (b) cite the statute or regulation that prohibits you from adhering
to the license; and (c) describe the limitations and the code they affect.
Such description must be included in the LEGAL file described in Section 3.4
and must be included with all distributions of the Source Code. Except to
the extent prohibited by statute or regulation, such description must be sufficiently
detailed for a recipient of ordinary skill to be able to understand it. You
must submit this LEGAL file to Red Hat for review, and You will not be able
use the covered code in any means until permission is granted from Red Hat
to allow for the inability to comply due to statute or regulation.

5. APPLICATION OF THIS LICENSE

This License applies to code to which the Initial Developer has attached the
notice in Exhibit A, and to related Covered Code.

Red Hat may include Covered Code in products without such additional products
becoming subject to the terms of this License, and may license such additional
products on different terms from those contained in this License.

Red Hat may license the Source Code of Red Hat Branded Code without Red Hat
Branded Code becoming subject to the terms of this License, and may license
Red Hat Branded Code on different terms from those contained in this License.
Contact Red Hat for details of alternate licensing terms available.

6. VERSIONS OF THE LICENSE

6.1. New Versions. Red Hat may publish revised and/or new versions of the
License from time to time. Each version will be given a distinguishing version
number.

6.2. Effect of New Versions. Once Covered Code has been published under a
particular version of the License, You may always continue to use it under
the terms of that version. You may also choose to use such Covered Code under
the terms of any subsequent version of the License published by Red Hat. No
one other than Red Hat has the right to modify the terms applicable to Covered
Code beyond what is granted under this and subsequent Licenses.

6.3. Derivative Works. If you create or use a modified version of this License
(which you may only do in order to apply it to code which is not already Covered
Code governed by this License), you must (a) rename Your license so that the
phrases "ECOS", "eCos", "Red Hat", "RHEPL" or any confusingly similar phrase
do not appear anywhere in your license and (b) otherwise make it clear that
your version of the license contains terms which differ from the Red Hat eCos
Public License. (Filling in the name of the Initial Developer, Original Code
or Contributor in the notice described in Exhibit A shall not of themselves
be deemed to be modifications of this License.)

7. DISCLAIMER OF WARRANTY

COVERED CODE IS PROVIDED UNDER THIS LICENSE ON AN "AS IS" BASIS, WITHOUT WARRANTY
OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING, WITHOUT LIMITATION, WARRANTIES
THAT THE COVERED CODE IS FREE OF DEFECTS, MERCHANTABLE, FIT FOR A PARTICULAR
PURPOSE OR NON-INFRINGING. THE ENTIRE RISK AS TO THE QUALITY AND PERFORMANCE
OF THE COVERED CODE IS WITH YOU. SHOULD ANY COVERED CODE PROVE DEFECTIVE IN
ANY RESPECT, YOU (NOT THE INITIAL DEVELOPER OR ANY OTHER CONTRIBUTOR) ASSUME
THE COST OF ANY NECESSARY SERVICING, REPAIR OR CORRECTION. THIS DISCLAIMER
OF WARRANTY CONSTITUTES AN ESSENTIAL PART OF THIS LICENSE. NO USE OF ANY COVERED
CODE IS AUTHORIZED HEREUNDER EXCEPT UNDER THIS DISCLAIMER.

8. TERMINATION

This License and the rights granted hereunder will terminate automatically
if You fail to comply with terms herein and fail to cure such breach within
30 days of becoming aware of the breach. All sublicenses to the Covered Code
which are properly granted shall survive any termination of this License.
Provisions which, by their nature, must remain in effect beyond the termination
of this License shall survive.

9. LIMITATION OF LIABILITY

UNDER NO CIRCUMSTANCES AND UNDER NO LEGAL THEORY, WHETHER TORT (INCLUDING
NEGLIGENCE), CONTRACT, OR OTHERWISE, SHALL THE INITIAL DEVELOPER, ANY OTHER
CONTRIBUTOR, OR ANY DISTRIBUTOR OF COVERED CODE, OR ANY SUPPLIER OF ANY OF
SUCH PARTIES, BE LIABLE TO YOU OR ANY OTHER PERSON FOR ANY INDIRECT, SPECIAL,
INCIDENTAL, OR CONSEQUENTIAL DAMAGES OF ANY CHARACTER INCLUDING, WITHOUT LIMITATION,
DAMAGES FOR LOSS OF GOODWILL, WORK STOPPAGE, COMPUTER FAILURE OR MALFUNCTION,
OR ANY AND ALL OTHER COMMERCIAL DAMAGES OR LOSSES, EVEN IF SUCH PARTY SHALL
HAVE BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGES. THIS LIMITATION OF
LIABILITY SHALL NOT APPLY TO LIABILITY FOR DEATH OR PERSONAL INJURY RESULTING
FROM SUCH PARTY'S NEGLIGENCE TO THE EXTENT APPLICABLE LAW PROHIBITS SUCH LIMITATION.
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL
OR CONSEQUENTIAL DAMAGES, SO THAT EXCLUSION AND LIMITATION MAY NOT APPLY TO
YOU.

10. U.S. GOVERNMENT END USERS

The Covered Code is a "commercial item," as that term is defined in 48 C.F.R.
2.101 (Oct. 1995), consisting of "commercial computer software" and "commercial
computer software documentation," as such terms are used in 48 C.F.R. 12.212
(Sept. 1995). Consistent with 48 C.F.R. 12.212 and 48 C.F.R. 227.7202-1 through
227.7202-4 (June 1995), all U.S. Government End Users acquire Covered Code
with only those rights set forth herein.

11. MISCELLANEOUS

This License represents the complete agreement concerning subject matter hereof.
If any provision of this License is held to be unenforceable, such provision
shall be reformed only to the extent necessary to make it enforceable. This
License shall be governed by California law provisions (except to the extent
applicable law, if any, provides otherwise), excluding its conflict-of-law
provisions. With respect to disputes in which at least one party is a citizen
of, or an entity chartered or registered to do business in, the United States
of America: (a) unless otherwise agreed in writing, all disputes relating
to this License (excepting any dispute relating to intellectual property rights)
shall be subject to final and binding arbitration, with the losing party paying
all costs of arbitration; (b) any arbitration relating to this Agreement shall
be held in Santa Clara County, California, under the auspices of JAMS/EndDispute;
and (c) any litigation relating to this Agreement shall be subject to the
jurisdiction of the Federal Courts of the Northern District of California,
with venue lying in Santa Clara County, California, with the losing party
responsible for costs, including without limitation, court costs and reasonable
attorneys fees and expenses. The application of the United Nations Convention
on Contracts for the International Sale of Goods is expressly excluded. Any
law or regulation which provides that the language of a contract shall be
construed against the drafter shall not apply to this License.

12. RESPONSIBILITY FOR CLAIMS

Except in cases where another Contributor has failed to comply with Section
3.4, You are responsible for damages arising, directly or indirectly, out
of Your utilization of rights under this License, based on the number of copies
of Covered Code you made available, the revenues you received from utilizing
such rights, and other relevant factors. You agree to work with affected parties
to distribute responsibility on an equitable basis.

13. ADDITIONAL TERMS APPLICABLE TO THE RED HAT ECOS PUBLIC LICENSE

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

Red Hat and logo - This License does not grant any rights to use the trademark
Red Hat, the Red Hat logo, eCos logo, even if such marks are included in the
Original Code. You may contact Red Hat for permission to display the Red Hat
and eCos marks in either the documentation or the Executable version beyond
that required in Exhibit B.

Inability to Comply Due to Contractual Obligation - To the extent that Red
Hat is limited contractually from making third party code available under
this License, Red Hat may choose to integrate such third party code into Covered
Code without being required to distribute such third party code in Source
Code form, even if such third party code would otherwise be considered "Modifications"
under this License.

EXHIBIT A

"The contents of this file are subject to the Red Hat eCos Public License
Version 1.1 (the "License"); you may not use this file except in compliance
with the License. You may obtain a copy of the License at http://www.redhat.com/

Software distributed under the License is distributed on an "AS IS" basis,
WITHOUT WARRANTY OF ANY KIND, either express or implied. See the License for
the specific language governing rights and limitations under the License.

The Original Code is eCos - Embedded Configurable Operating System, released
September 30, 1998. The Initial Developer of the Original Code is Red Hat.
Portions created by Red Hat are Copyright (C) 1998, 1999, 2000 Red Hat, Inc.
All Rights Reserved."

EXHIBIT B

Part of the software embedded in this product is eCos - Embedded Configurable
Operating System, a trademark of Red Hat. Portions created by Red Hat are
Copyright (C) 1998, 1999, 2000 Red Hat, Inc. (http://www.redhat.com/). All
Rights Reserved.

THE SOFTWARE IN THIS PRODUCT WAS IN PART PROVIDED BY RED HAT AND ANY EXPRESS
OR IMPLIED WARRANTIES, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES
OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE ARE DISCLAIMED. IN
NO EVENT SHALL THE AUTHOR BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL,
SPECIAL, EXEMPLARY, OR CONSEQUENTIAL DAMAGES (INCLUDING, BUT NOT LIMITED TO,
PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES; LOSS OF USE, DATA, OR PROFITS;
OR BUSINESS INTERRUPTION) HOWEVER CAUSED AND ON ANY THEORY OF LIABILITY, WHETHER
IN CONTRACT, STRICT LIABILITY, OR TORT (INCLUDING NEGLIGENCE OR OTHERWISE)
ARISING IN ANY WAY OUT OF THE USE OF THIS SOFTWARE, EVEN IF ADVISED OF THE
POSSIBILITY OF SUCH DAMAGE.