back to list - yml - json - text - edit text - edit data
key
ecosrh-1.1
short_name
Red Hat eCos Public License 1.1
name
Red Hat eCos Public License 1.1
category
Copyleft
owner
Red Hat
homepage_url
http://ecos.sourceware.org/old-license.html
spdx_license_key
RHeCos-1.1
text_urls
faq_url
http://ecos.sourceware.org/license-overview.html
ignorable_copyrights
  • Copyright (c) 1998, 1999, 2000 Red Hat, Inc.
  • Copyright (c) 1998, 1999, 2000 Red Hat, Inc. (http://www.redhat.com/)
ignorable_authors
  • Red Hat
ignorable_holders
  • Red Hat, Inc.
ignorable_urls
license_text
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.

eCos and the eCos logo are registered trademarks of eCosCentric Limited.