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edit License
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ecosrh-1.0
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Cygnus eCos Public License 1.0
- name
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Cygnus eCos Public License 1.0
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Copyleft
- owner
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Red Hat
- homepage_url
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http://web.archive.org/web/19990224105519/http://sourceware.cygnus.com/ecos/license-overview.html
- notes
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this predates the 1.1 version that Red Hat created when they acquired
Cygnus but since the terms are similar we used the same license key as this
is also a rare license.
- spdx_license_key
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LicenseRef-scancode-ecosrh-1.0
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- minimum_coverage
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70
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license_text
CYGNUS ECOS PUBLIC LICENSE Version 1.0
1. DEFINITIONS.
1.1. "Contributor" means each entity that creates or contributes to the
creation of Modifications.
1.2. "Contributor Version" means the combination of the Original Code,
prior Modifications used by a Contributor, and the Modifications made by
that particular Contributor.
1.3. "Covered Code" means the Original Code or Modifications or the
combination of the Original Code and Modifications, in each case
including portions thereof.
1.4. "Electronic Distribution Mechanism" means a mechanism generally
accepted in the software development community for the electronic
transfer of data.
1.5. "Executable" means Covered Code in any form other than Source Code.
1.6. "Initial Developer" means the individual or entity identified as
the Initial Developer in the Source Code notice required by Exhibit A.
1.7. "Larger Work" means a work which combines Covered Code or portions
thereof with code not governed by the terms of this License.
1.8. "License" means this document.
1.9. "Modifications" means any addition to or deletion from the
substance or structure of either the Original Code or any previous
Modifications. When Covered Code is released as a series of files, a
Modification is:
A. Any addition to or deletion from the contents of a file
containing Original Code or previous Modifications.
B. Any new file that contains any part of the Original Code or
previous Modifications.
1.10. "Original Code" means Source Code of computer software code which
is described in the Source Code notice required by Exhibit A as Original
Code, and which, at the time of its release under this License is not
already Covered Code governed by this License.
1.11. "Source Code" means the preferred form of the Covered Code for
making modifications to it, including all modules it contains, plus any
associated interface definition files, scripts used to control
compilation and installation of an Executable, or a list of source code
differential comparisons against either the Original Code or another
well known, available Covered Code of the Contributor's choice. The
Source Code can be in a compressed or archival form, provided the
appropriate decompression or de-archiving software is widely available
for no charge.
1.12. "You" means an individual or a legal entity exercising rights
under, and complying with all of the terms of, this License or a future
version of this License issued under Section 6.1. For legal entities,
"You" includes any entity which controls, is controlled by, or is under
common control with You. For purposes of this definition, "control"
means (a) the power, direct or indirect, to cause the direction or
management of such entity, whether by contract or otherwise, or (b)
ownership of fifty percent (50%) or more of the outstanding shares or
beneficial ownership of such entity.
1.13. "Cygnus's Branded Code" is code that Cygnus Solutions ("Cygnus")
distributes and/or permits others to distribute under different terms
than the Cygnus eCos Public License. Cygnus's Branded Code may contain
part or all of the Covered Code.
2. SOURCE CODE LICENSE.
2.1. The Initial Developer Grant.
The Initial Developer hereby grants You a world-wide, royalty-free,
non-exclusive license, subject to third party intellectual property
claims:
(a) to use, reproduce, modify, display, perform, sublicense and
distribute the Original Code (or portions thereof) with or
without Modifications, or as part of a Larger Work; and
(b) under patents now or hereafter owned or controlled by
Initial Developer, to make, have made, use and sell ("Utilize")
the Original Code (or portions thereof), but solely to the
extent that any such patent is reasonably necessary to enable
You to Utilize the Original Code (or portions thereof) and not
to any greater extent that may be necessary to Utilize further
Modifications or combinations.
2.2. Contributor Grant.
Each Contributor hereby grants You a world-wide, royalty-free, non-
exclusive license, subject to third party intellectual property
claims:
(a) to use, reproduce, modify, display, perform, sublicense and
distribute the Modifications created by such Contributor (or
portions thereof) either on an unmodified basis, with other
Modifications, as Covered Code or as part of a Larger Work; and
(b) under patents now or hereafter owned or controlled by
Contributor, to Utilize the Contributor Version (or portions
thereof), but solely to the extent that any such patent is
reasonably necessary to enable You to Utilize the Contributor
Version (or portions thereof), and not to any greater extent
that may be necessary to Utilize further Modifications or
combinations.
3. DISTRIBUTION OBLIGATIONS.
3.1. Application of License.
The Modifications which You create or to which You contribute are
governed by the terms of this License, including without limitation
Section 2.2. The Source Code version of Covered Code may be
distributed only under the terms of this License or a future version
of this License released under Section 6.1, and You must include a
copy of this License with every copy of the Source Code You
distribute. You may not offer or impose any terms on any Source Code
version that alters or restricts the applicable version of this
License or the recipients' rights hereunder. However, You may
include an additional document offering the additional rights
described in Section 3.5.
3.2. Availability of Source Code.
Any Modification which You create or to which You contribute must be
made available in Source Code form under the terms of this License
via an accepted Electronic Distribution Mechanism to anyone to whom
you made an Executable version available and to the Initial
Developer; and if made available via Electronic Distribution
Mechanism, must remain available for at least twelve (12) months
after the date it initially became available, or at least six (6)
months after a subsequent version of that particular Modification
has been made available to such recipients. You are responsible for
ensuring that the Source Code version remains available even if the
Electronic Distribution Mechanism is maintained by a third party.
You are responsible for notifying the Initial Developer of the
Modification and the location of the Source if a contact means is
provided. Cygnus will be acting as maintainer of the Source and may
provide an Electronic Distribution mechanism for the Modification to
be made available. You can contact Cygnus to make the Modification
available and to notify the Initial Developer.
(http://sourceware.cygnus.com/ecos)
3.3. Description of Modifications.
You must cause all Covered Code to which you contribute to contain a
file documenting the changes You made to create that Covered Code
and the date of any change. You must include a prominent statement
that the Modification is derived, directly or indirectly, from
Original Code provided by the Initial Developer and including the
name of the Initial Developer in (a) the Source Code, and (b) in any
notice in an Executable version or related documentation in which
You describe the origin or ownership of the Covered Code.
3.4. Intellectual Property Matters
(a) Third Party Claims.
If You have knowledge that a party claims an intellectual
property right in particular functionality or code (or its
utilization under this License), you must include a text file
with the source code distribution titled "LEGAL" which describes
the claim and the party making the claim in sufficient detail
that a recipient will know whom to contact. If you obtain such
knowledge after You make Your Modification available as
described in Section 3.2, You shall promptly modify the LEGAL
file in all copies You make available thereafter and shall take
other steps (such as notifying appropriate mailing lists or
newsgroups) reasonably calculated to inform those who received
the Covered Code that new knowledge has been obtained.
(b) Contributor APIs.
If Your Modification is an application programming interface and
You own or control patents which are reasonably necessary to
implement that API, you must also include this information in
the LEGAL file.
3.5. Required Notices.
You must duplicate the notice in Exhibit A in each file of the
Source Code, and this License in any documentation for the Source
Code, where You describe recipients' rights relating to Covered
Code. If You created one or more Modification(s), You may add your
name as a Contributor to the Source Code. If it is not possible to
put such notice in a particular Source Code file due to its
structure, then you must include such notice in a location (such as
a relevant directory file) where a user would be likely to look for
such a notice. You may choose to offer, and to charge a fee for,
warranty, support, indemnity or liability obligations to one or more
recipients of Covered Code.
However, You may do so only on Your own behalf, and not on behalf of
the Initial Developer or any Contributor. You must make it
absolutely clear that any such warranty, support, indemnity or
liability obligation is offered by You alone, and You hereby agree
to indemnify the Initial Developer and every Contributor for any
liability incurred by the Initial Developer or such Contributor as a
result of warranty, support, indemnity or liability terms You offer.
3.6. Distribution of Executable Versions.
You may distribute Covered Code in Executable form only if the
requirements of Section 3.1-3.5 have been met for that Covered Code,
and if You include a notice stating that the Source Code version of
the Covered Code is available under the terms of this License,
including a description of how and where You have fulfilled the
obligations of Section 3.2. The notice must be conspicuously
included in any notice in an Executable version, related
documentation or collateral in which You describe recipients' rights
relating to the Covered Code. You may distribute the Executable
version of Covered Code under a license of Your choice, which may
contain terms different from this License, provided that You are in
compliance with the terms of this License and that the license for
the Executable version does not attempt to limit or alter the
recipient's rights in the Source Code version from the rights set
forth in this License. If You distribute the Executable version
under a different license You must make it absolutely clear that any
terms which differ from this License are offered by You alone, not
by the Initial Developer or any Contributor. You hereby agree to
indemnify the Initial Developer and every Contributor for any
liability incurred by the Initial Developer or such Contributor as a
result of any such terms You offer.
If you distribute executable versions containing Covered Code, you
must reproduce the notice in Exhibit B in the documentation and/or
other materials provided with the product.
3.7. Larger Works.
You may create a Larger Work by combining Covered Code with other
code not governed by the terms of this License and distribute the
Larger Work as a single product. In such a case, You must make sure
the requirements of this License are fulfilled for the Covered Code.
4. INABILITY TO COMPLY DUE TO STATUTE OR REGULATION.
If it is impossible for You to comply with any of the terms of this
License with respect to some or all of the Covered Code due to statute
or regulation then You must: (a) comply with the terms of this License
to the maximum extent possible; (b) cite the statute or regulation that
prohibits you from adhering to the license; and (c) describe the
limitations and the code they affect. Such description must be included
in the LEGAL file described in Section 3.4 and must be included with all
distributions of the Source Code. Except to the extent prohibited by
statute or regulation, such description must be sufficiently detailed
for a recipient of ordinary skill to be able to understand it. You must
submit this LEGAL file to Cygnus for review, and You will not be able
use the covered code in any means until permission is granted from
Cygnus to allow for the inability to comply due to statute or
regulation.
5. APPLICATION OF THIS LICENSE.
This License applies to code to which the Initial Developer has attached
the notice in Exhibit A, and to related Covered Code.
Cygnus may include Covered Code in products without such additional
products becoming subject to the terms of this License, and may license
such additional products on different terms from those contained in this
License.
Cygnus may license the Source Code of Cygnus's Branded Code without
Cygnus's Branded Code becoming subject to the terms of this License, and
may license Cygnus's Branded Code on different terms from those
contained in this License. Contact Cygnus for details of alternate
licensing terms available.
6. VERSIONS OF THE LICENSE.
6.1. New Versions.
Cygnus may publish revised and/or new versions of the License from
time to time. Each version will be given a distinguishing version
number.
6.2. Effect of New Versions.
Once Covered Code has been published under a particular version of
the License, You may always continue to use it under the terms of
that version. You may also choose to use such Covered Code under
the terms of any subsequent version of the License published by
Cygnus. No one other than Cygnus has the right to modify the terms
applicable to Covered Code beyond what is granted under this and
subsequent Licenses.
6.3. Derivative Works.
If you create or use a modified version of this License (which you
may only do in order to apply it to code which is not already
Covered Code governed by this License), you must (a) rename Your
license so that the phrases "ECOS", "eCos", "Cygnus", "CPL" or any
confusingly similar phrase do not appear anywhere in your license
and (b) otherwise make it clear that your version of the license
contains terms which differ from the eCos Public License and Cygnus
Public License. (Filling in the name of the Initial Developer,
Original Code or Contributor in the notice described in Exhibit A
shall not of themselves be deemed to be modifications of this
License.)
7. DISCLAIMER OF WARRANTY.
COVERED CODE IS PROVIDED UNDER THIS LICENSE ON AN "AS IS" BASIS, WITHOUT
WARRANTY OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING, WITHOUT
LIMITATION, WARRANTIES THAT THE COVERED CODE IS FREE OF DEFECTS,
MERCHANTABLE, FIT FOR A PARTICULAR PURPOSE OR NON- INFRINGING. THE
ENTIRE RISK AS TO THE QUALITY AND PERFORMANCE OF THE COVERED CODE IS
WITH YOU. SHOULD ANY COVERED CODE PROVE DEFECTIVE IN ANY RESPECT, YOU
(NOT THE INITIAL DEVELOPER OR ANY OTHER CONTRIBUTOR) ASSUME THE COST OF
ANY NECESSARY SERVICING, REPAIR OR CORRECTION. THIS DISCLAIMER OF
WARRANTY CONSTITUTES AN ESSENTIAL PART OF THIS LICENSE. NO USE OF ANY
COVERED CODE IS AUTHORIZED HEREUNDER EXCEPT UNDER THIS DISCLAIMER.
8. TERMINATION.
This License and the rights granted hereunder will terminate
automatically if You fail to comply with terms herein and fail to cure
such breach within 30 days of becoming aware of the breach. All
sublicenses to the Covered Code which are properly granted shall survive
any termination of this License. Provisions which, by their nature, must
remain in effect beyond the termination of this License shall survive.
9. LIMITATION OF LIABILITY.
UNDER NO CIRCUMSTANCES AND UNDER NO LEGAL THEORY, WHETHER TORT
(INCLUDING NEGLIGENCE), CONTRACT, OR OTHERWISE, SHALL THE INITIAL
DEVELOPER, ANY OTHER CONTRIBUTOR, OR ANY DISTRIBUTOR OF COVERED CODE, OR
ANY SUPPLIER OF ANY OF SUCH PARTIES, BE LIABLE TO YOU OR ANY OTHER
PERSON FOR ANY INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES
OF ANY CHARACTER INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF
GOODWILL, WORK STOPPAGE, COMPUTER FAILURE OR MALFUNCTION, OR ANY AND ALL
OTHER COMMERCIAL DAMAGES OR LOSSES, EVEN IF SUCH PARTY SHALL HAVE BEEN
INFORMED OF THE POSSIBILITY OF SUCH DAMAGES. THIS LIMITATION OF
LIABILITY SHALL NOT APPLY TO LIABILITY FOR DEATH OR PERSONAL INJURY
RESULTING FROM SUCH PARTY'S NEGLIGENCE TO THE EXTENT APPLICABLE LAW
PROHIBITS SUCH LIMITATION. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION
OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THAT EXCLUSION
AND LIMITATION MAY NOT APPLY TO YOU.
10. U.S. GOVERNMENT END USERS.
The Covered Code is a "commercial item," as that term is defined in 48
C.F.R. 2.101 (Oct. 1995), consisting of "commercial computer software"
and "commercial computer software documentation," as such terms are used
in 48 C.F.R. 12.212 (Sept. 1995). Consistent with 48 C.F.R. 12.212 and
48 C.F.R. 227.7202-1 through 227.7202-4 (June 1995), all U.S. Government
End Users acquire Covered Code with only those rights set forth herein.
11. MISCELLANEOUS.
This License represents the complete agreement concerning subject matter
hereof. If any provision of this License is held to be unenforceable,
such provision shall be reformed only to the extent necessary to make it
enforceable. This License shall be governed by California law provisions
(except to the extent applicable law, if any, provides otherwise),
excluding its conflict-of-law provisions. With respect to disputes in
which at least one party is a citizen of, or an entity chartered or
registered to do business in, the United States of America: (a) unless
otherwise agreed in writing, all disputes relating to this License
(excepting any dispute relating to intellectual property rights) shall
be subject to final and binding arbitration, with the losing party
paying all costs of arbitration; (b) any arbitration relating to this
Agreement shall be held in Santa Clara County, California, under the
auspices of JAMS/EndDispute; and (c) any litigation relating to this
Agreement shall be subject to the jurisdiction of the Federal Courts of
the Northern District of California, with venue lying in Santa Clara
County, California, with the losing party responsible for costs,
including without limitation, court costs and reasonable attorneys fees
and expenses. The application of the United Nations Convention on
Contracts for the International Sale of Goods is expressly excluded. Any
law or regulation which provides that the language of a contract shall
be construed against the drafter shall not apply to this License.
12. RESPONSIBILITY FOR CLAIMS.
Except in cases where another Contributor has failed to comply with
Section 3.4, You are responsible for damages arising, directly or
indirectly, out of Your utilization of rights under this License, based
on the number of copies of Covered Code you made available, the revenues
you received from utilizing such rights, and other relevant factors. You
agree to work with affected parties to distribute responsibility on an
equitable basis.
13. ADDITIONAL TERMS APPLICABLE TO THE CYGNUS ECOS PUBLIC LICENSE.
Nothing in this License shall be interpreted to prohibit Cygnus from
licensing under different terms than this License any code which Cygnus
otherwise would have a right to license.
Cygnus and logo - This License does not grant any rights to use the
trademark "Cygnus", the Cygnus logo, eCos logo, even if such marks are
included in the Original Code. You may contact Cygnus for permission to
display the Cygnus and eCos marks in either the documentation or the
Executable version beyond that required in Exhibit B.
Inability to Comply Due to Contractual Obligation - To the extent that
Cygnus is limited contractually from making third party code available
under this License, Cygnus may choose to integrate such third party code
into Covered Code without being required to distribute such third party
code in Source Code form, even if such third party code would otherwise
be considered "Modifications" under this License.
EXHIBIT A.
"The contents of this file are subject to the Cygnus eCos Public License
Version 1.0 (the "License"); you may not use this file except in
compliance with the License. You may obtain a copy of the License at
http://sourceware.cygnus.com/ecos
Software distributed under the License is distributed on an "AS IS"
basis, WITHOUT WARRANTY OF ANY KIND, either express or implied. See the
License for the specific language governing rights and limitations under
the License.
The Original Code is eCos - Embedded Cygnus Operating System, released
September 30, 1998.
The Initial Developer of the Original Code is Cygnus. Portions created
by Cygnus are Copyright (C) 1998 Cygnus Solutions. All Rights Reserved."
EXHIBIT B.
Part of the software embedded in this product is eCos - Embedded Cygnus
Operating System, a trademark of Cygnus Solutions. Portions created by
Cygnus are Copyright (C) 1998 Cygnus Solutions (http://www.cygnus.com).
All Rights Reserved.
THE SOFTWARE IN THIS PRODUCT WAS IN PART PROVIDED BY CYGNUS SOLUTIONS
AND ANY EXPRESS OR IMPLIED WARRANTIES, INCLUDING, BUT NOT LIMITED TO,
THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR
PURPOSE ARE DISCLAIMED. IN NO EVENT SHALL THE AUTHOR BE LIABLE FOR ANY
DIRECT, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, OR CONSEQUENTIAL
DAMAGES (INCLUDING, BUT NOT LIMITED TO, PROCUREMENT OF SUBSTITUTE GOODS
OR SERVICES; LOSS OF USE, DATA, OR PROFITS; OR BUSINESS INTERRUPTION)
HOWEVER CAUSED AND ON ANY THEORY OF LIABILITY, WHETHER IN CONTRACT,
STRICT LIABILITY, OR TORT (INCLUDING NEGLIGENCE OR OTHERWISE) ARISING IN
ANY WAY OUT OF THE USE OF THIS SOFTWARE, EVEN IF ADVISED OF THE
POSSIBILITY OF SUCH DAMAGE.