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: - http://ecos.sourceware.org/old-license.html 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_holders: - Red Hat, Inc. ignorable_authors: - Red Hat ignorable_urls: - http://sourceware.cygnus.com/ecos - http://www.redhat.com/ text: "Red Hat eCos Public License v1.1\n\n1. DEFINITIONS\n\n1.1. \"Contributor\" means each\ \ entity that creates or contributes to the\ncreation of Modifications.\n\n1.2. \"Contributor\ \ Version\" means the combination of the Original Code,\nprior Modifications used by a Contributor,\ \ and the Modifications made by\nthat particular Contributor.\n\n1.3. \"Covered Code\" means\ \ the Original Code or Modifications or the\ncombination of the Original Code and Modifications,\ \ in each case\nincluding portions thereof.\n\n1.4. \"Electronic Distribution Mechanism\"\ \ means a mechanism generally\naccepted in the software development community for the electronic\n\ transfer of data.\n\n1.5. \"Executable\" means Covered Code in any form other than Source\ \ Code.\n\n1.6. \"Initial Developer\" means the individual or entity identified as\nthe Initial\ \ Developer in the Source Code notice required by Exhibit A.\n\n1.7. \"Larger Work\" means\ \ a work which combines Covered Code or portions\nthereof with code not governed by the terms\ \ of this License.\n\n1.8. \"License\" means this document.\n\n1.9. \"Modifications\" means\ \ any addition to or deletion from the\nsubstance or structure of either the Original Code\ \ or any previous\nModifications. When Covered Code is released as a series of files, a\n\ Modification is:\n\n A. Any addition to or deletion from the contents of a file\n containing\ \ Original Code or previous Modifications.\n\n B. Any new file that contains any part of\ \ the Original Code or\n previous Modifications.\n\n1.10. \"Original Code\" means Source\ \ Code of computer software code which\nis described in the Source Code notice required by\ \ Exhibit A as Original\nCode, and which, at the time of its release under this License is\ \ not\nalready Covered Code governed by this License.\n\n1.11. \"Source Code\" means the preferred\ \ form of the Covered Code for\nmaking modifications to it, including all modules it contains,\ \ plus any\nassociated interface definition files, scripts used to control\ncompilation and\ \ installation of an Executable, or a list of source code\ndifferential comparisons against\ \ either the Original Code or another\nwell known, available Covered Code of the Contributor's\ \ choice. The\nSource Code can be in a compressed or archival form, provided the\nappropriate\ \ decompression or de-archiving software is widely available\nfor no charge.\n\n1.12. \"You\"\ \ means an individual or a legal entity exercising rights\nunder, and complying with all of\ \ the terms of, this License or a future\nversion of this License issued under Section 6.1.\ \ For legal entities,\n\"You\" includes any entity which controls, is controlled by, or is\ \ under\ncommon control with You. For purposes of this definition, \"control\"\nmeans (a)\ \ the power, direct or indirect, to cause the direction or\nmanagement of such entity, whether\ \ by contract or otherwise, or (b)\nownership of fifty percent (50%) or more of the outstanding\ \ shares or\nbeneficial ownership of such entity.\n\n1.13. \"Red Hat Branded Code\" is code\ \ that Red Hat distributes and/or\npermits others to distribute under different terms than\ \ the Red Hat eCos\nPublic License. Red Hat's Branded Code may contain part or all of the\n\ Covered Code.\n\n2. SOURCE CODE LICENSE\n\n2.1. The Initial Developer Grant.\n\n The Initial\ \ Developer hereby grants You a world-wide, royalty-free,\n non-exclusive license, subject\ \ to third party intellectual property\n claims:\n\n (a) to use, reproduce, modify,\ \ display, perform, sublicense and\n distribute the Original Code (or portions thereof)\ \ with or\n without Modifications, or as part of a Larger Work; and\n\n (b)\ \ under patents now or hereafter owned or controlled by\n Initial Developer, to make,\ \ have made, use and sell (\"Utilize\")\n the Original Code (or portions thereof),\ \ but solely to the\n extent that any such patent is reasonably necessary to enable\n\ \ You to Utilize the Original Code (or portions thereof) and not\n to any greater\ \ extent that may be necessary to Utilize further\n Modifications or combinations.\n\ \n2.2. Contributor Grant.\n\n Each Contributor hereby grants You a world-wide, royalty-free,\ \ non-\n exclusive license, subject to third party intellectual property\n claims:\n\ \n (a) to use, reproduce, modify, display, perform, sublicense and\n distribute\ \ the Modifications created by such Contributor (or\n portions thereof) either on an\ \ unmodified basis, with other\n Modifications, as Covered Code or as part of a Larger\ \ Work; and\n\n (b) under patents now or hereafter owned or controlled by\n \ \ Contributor, to Utilize the Contributor Version (or portions\n thereof), but solely\ \ to the extent that any such patent is\n reasonably necessary to enable You to Utilize\ \ the Contributor\n Version (or portions thereof), and not to any greater extent\n\ \ that may be necessary to Utilize further Modifications or\n combinations.\n\ \n3. DISTRIBUTION OBLIGATIONS\n\n3.1. Application of License.\n\n The Modifications which\ \ You create or to which You contribute are\n governed by the terms of this License, including\ \ without limitation\n Section 2.2. The Source Code version of Covered Code may be\n \ \ distributed only under the terms of this License or a future version\n of this License\ \ released under Section 6.1, and You must include a\n copy of this License with every\ \ copy of the Source Code You\n distribute. You may not offer or impose any terms on any\ \ Source Code\n version that alters or restricts the applicable version of this\n License\ \ or the recipients' rights hereunder. However, You may\n include an additional document\ \ offering the additional rights\n described in Section 3.5.\n\n3.2. Availability of Source\ \ Code.\n \n Any Modification which You create or to which You contribute must be\n\ \ made available in Source Code form under the terms of this License\n via an accepted\ \ Electronic Distribution Mechanism to anyone to whom\n you made an Executable version\ \ available and to the Initial\n Developer; and if made available via Electronic Distribution\n\ \ Mechanism, must remain available for at least twelve (12) months\n after the date\ \ it initially became available, or at least six (6)\n months after a subsequent version\ \ of that particular Modification\n has been made available to such recipients. You are\ \ responsible for\n ensuring that the Source Code version remains available even if the\n\ \ Electronic Distribution Mechanism is maintained by a third party.\n You are responsible\ \ for notifying the Initial Developer of the\n Modification and the location of the Source\ \ if a contact means is\n provided. Red Hat will be acting as maintainer of the Source\ \ and may\n provide an Electronic Distribution mechanism for the Modification to\n be\ \ made available. You can contact Red Hat to make the Modification\n available and to notify\ \ the Initial Developer.\n (http://sourceware.cygnus.com/ecos/)\n\n3.3. Description of\ \ Modifications.\n\n You must cause all Covered Code to which you contribute to contain\ \ a\n file documenting the changes You made to create that Covered Code\n and the date\ \ of any change. You must include a prominent statement\n that the Modification is derived,\ \ directly or indirectly, from\n Original Code provided by the Initial Developer and including\ \ the\n name of the Initial Developer in (a) the Source Code, and (b) in any\n notice\ \ in an Executable version or related documentation in which\n You describe the origin\ \ or ownership of the Covered Code.\n\n3.4. Intellectual Property Matters\n (a) Third\ \ Party Claims.\n\n If You have knowledge that a party claims an intellectual\n \ \ property right in particular functionality or code (or its\n utilization under\ \ this License), you must include a text file\n with the source code distribution titled\ \ \"LEGAL\" which describes\n the claim and the party making the claim in sufficient\ \ detail\n that a recipient will know whom to contact. If you obtain such\n \ \ knowledge after You make Your Modification available as\n described in Section 3.2,\ \ You shall promptly modify the LEGAL\n file in all copies You make available thereafter\ \ and shall take\n other steps (such as notifying appropriate mailing lists or\n \ \ newsgroups) reasonably calculated to inform those who received\n the Covered\ \ Code that new knowledge has been obtained.\n\n (b) Contributor APIs.\n\n If\ \ Your Modification is an application programming interface and\n You own or control\ \ patents which are reasonably necessary to\n implement that API, you must also include\ \ this information in\n the LEGAL file.\n\n3.5. Required Notices.\n\n You must duplicate\ \ the notice in Exhibit A in each file of the\n Source Code, and this License in any documentation\ \ for the Source\n Code, where You describe recipients' rights relating to Covered\n \ \ Code. If You created one or more Modification(s), You may add your\n name as a Contributor\ \ to the Source Code. If it is not possible to\n put such notice in a particular Source\ \ Code file due to its\n structure, then you must include such notice in a location (such\ \ as\n a relevant directory file) where a user would be likely to look for\n such a\ \ notice. You may choose to offer, and to charge a fee for,\n warranty, support, indemnity\ \ or liability obligations to one or more\n recipients of Covered Code.\n\n However,\ \ You may do so only on Your own behalf, and not on behalf of\n the Initial Developer or\ \ any Contributor. You must make it\n absolutely clear that any such warranty, support,\ \ indemnity or\n liability obligation is offered by You alone, and You hereby agree\n \ \ to indemnify the Initial Developer and every Contributor for any\n liability incurred\ \ by the Initial Developer or such Contributor as a\n result of warranty, support, indemnity\ \ or liability terms You offer.\n\n3.6. Distribution of Executable Versions.\n\n You may\ \ distribute Covered Code in Executable form only if the\n requirements of Section 3.1-3.5\ \ have been met for that Covered Code,\n and if You include a notice stating that the Source\ \ Code version of\n the Covered Code is available under the terms of this License,\n \ \ including a description of how and where You have fulfilled the\n obligations of Section\ \ 3.2. The notice must be conspicuously\n included in any notice in an Executable version,\ \ related\n documentation or collateral in which You describe recipients' rights\n relating\ \ to the Covered Code. You may distribute the Executable\n version of Covered Code under\ \ a license of Your choice, which may\n contain terms different from this License, provided\ \ that You are in\n compliance with the terms of this License and that the license for\n\ \ the Executable version does not attempt to limit or alter the\n recipient's rights\ \ in the Source Code version from the rights set\n forth in this License. If You distribute\ \ the Executable version\n under a different license You must make it absolutely clear\ \ that any\n terms which differ from this License are offered by You alone, not\n by\ \ the Initial Developer or any Contributor. You hereby agree to\n indemnify the Initial\ \ Developer and every Contributor for any\n liability incurred by the Initial Developer\ \ or such Contributor as a\n result of any such terms You offer.\n\n If you distribute\ \ executable versions containing Covered Code, you\n must reproduce the notice in Exhibit\ \ B in the documentation and/or\n other materials provided with the product.\n\n3.7. Larger\ \ Works.\n\n You may create a Larger Work by combining Covered Code with other\n code\ \ not governed by the terms of this License and distribute the\n Larger Work as a single\ \ product. In such a case, You must make sure\n the requirements of this License are fulfilled\ \ for the Covered Code.\n\n4. INABILITY TO COMPLY DUE TO STATUTE OR REGULATION\n\nIf it is\ \ impossible for You to comply with any of the terms of this\nLicense with respect to some\ \ or all of the Covered Code due to statute\nor regulation then You must: (a) comply with\ \ the terms of this License\nto the maximum extent possible; (b) cite the statute or regulation\ \ that\nprohibits you from adhering to the license; and (c) describe the\nlimitations and\ \ the code they affect. Such description must be included\nin the LEGAL file described in\ \ Section 3.4 and must be included with all\ndistributions of the Source Code. Except to the\ \ extent prohibited by\nstatute or regulation, such description must be sufficiently detailed\n\ for a recipient of ordinary skill to be able to understand it. You must\nsubmit this LEGAL\ \ file to Red Hat for review, and You will not be able\nuse the covered code in any means\ \ until permission is granted from Red\nHat to allow for the inability to comply due to statute\ \ or regulation.\n\n5. APPLICATION OF THIS LICENSE\n\nThis License applies to code to which\ \ the Initial Developer has attached\nthe notice in Exhibit A, and to related Covered Code.\n\ \nRed Hat may include Covered Code in products without such additional\nproducts becoming\ \ subject to the terms of this License, and may license\nsuch additional products on different\ \ terms from those contained in this\nLicense.\n\nRed Hat may license the Source Code of Red\ \ Hat Branded Code without Red\nHat Branded Code becoming subject to the terms of this License,\ \ and may\nlicense Red Hat Branded Code on different terms from those contained in\nthis License.\ \ Contact Red Hat for details of alternate licensing terms\navailable.\n\n6. VERSIONS OF THE\ \ LICENSE\n\n6.1. New Versions.\n\n Red Hat may publish revised and/or new versions of\ \ the License from\n time to time. Each version will be given a distinguishing version\n\ \ number.\n\n6.2. Effect of New Versions.\n\n Once Covered Code has been published under\ \ a particular version of\n the License, You may always continue to use it under the terms\ \ of\n that version. You may also choose to use such Covered Code under the\n terms\ \ of any subsequent version of the License published by Red Hat.\n No one other than Red\ \ Hat has the right to modify the terms\n applicable to Covered Code beyond what is granted\ \ under this and\n subsequent Licenses.\n\n6.3. Derivative Works.\n\n If you create\ \ or use a modified version of this License (which you\n may only do in order to apply\ \ it to code which is not already\n Covered Code governed by this License), you must (a)\ \ rename Your\n license so that the phrases \"ECOS\", \"eCos\", \"Red Hat\", \"RHEPL\"\ \ or\n any confusingly similar phrase do not appear anywhere in your\n license and (b)\ \ otherwise make it clear that your version of the\n license contains terms which differ\ \ from the Red Hat eCos Public\n License. (Filling in the name of the Initial Developer,\ \ Original\n Code or Contributor in the notice described in Exhibit A shall not\n of\ \ themselves be deemed to be modifications of this License.)\n\n7. DISCLAIMER OF WARRANTY\n\ \nCOVERED CODE IS PROVIDED UNDER THIS LICENSE ON AN \"AS IS\" BASIS, WITHOUT\nWARRANTY OF\ \ ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING, WITHOUT\nLIMITATION, WARRANTIES THAT THE\ \ COVERED CODE IS FREE OF DEFECTS,\nMERCHANTABLE, FIT FOR A PARTICULAR PURPOSE OR NON-INFRINGING.\ \ THE ENTIRE\nRISK AS TO THE QUALITY AND PERFORMANCE OF THE COVERED CODE IS WITH YOU.\nSHOULD\ \ ANY COVERED CODE PROVE DEFECTIVE IN ANY RESPECT, YOU (NOT THE\nINITIAL DEVELOPER OR ANY\ \ OTHER CONTRIBUTOR) ASSUME THE COST OF ANY\nNECESSARY SERVICING, REPAIR OR CORRECTION. THIS\ \ DISCLAIMER OF WARRANTY\nCONSTITUTES AN ESSENTIAL PART OF THIS LICENSE. NO USE OF ANY COVERED\n\ CODE IS AUTHORIZED HEREUNDER EXCEPT UNDER THIS DISCLAIMER.\n\n8. TERMINATION\n\nThis License\ \ and the rights granted hereunder will terminate\nautomatically if You fail to comply with\ \ terms herein and fail to cure\nsuch breach within 30 days of becoming aware of the breach.\ \ All\nsublicenses to the Covered Code which are properly granted shall survive\nany termination\ \ of this License. Provisions which, by their nature, must\nremain in effect beyond the termination\ \ of this License shall survive.\n\n9. LIMITATION OF LIABILITY\n\nUNDER NO CIRCUMSTANCES AND\ \ UNDER NO LEGAL THEORY, WHETHER TORT\n(INCLUDING NEGLIGENCE), CONTRACT, OR OTHERWISE, SHALL\ \ THE INITIAL\nDEVELOPER, ANY OTHER CONTRIBUTOR, OR ANY DISTRIBUTOR OF COVERED CODE, OR\n\ ANY SUPPLIER OF ANY OF SUCH PARTIES, BE LIABLE TO YOU OR ANY OTHER\nPERSON FOR ANY INDIRECT,\ \ SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES\nOF ANY CHARACTER INCLUDING, WITHOUT LIMITATION,\ \ DAMAGES FOR LOSS OF\nGOODWILL, WORK STOPPAGE, COMPUTER FAILURE OR MALFUNCTION, OR ANY AND\ \ ALL\nOTHER COMMERCIAL DAMAGES OR LOSSES, EVEN IF SUCH PARTY SHALL HAVE BEEN\nINFORMED OF\ \ THE POSSIBILITY OF SUCH DAMAGES. THIS LIMITATION OF\nLIABILITY SHALL NOT APPLY TO LIABILITY\ \ FOR DEATH OR PERSONAL INJURY\nRESULTING FROM SUCH PARTY'S NEGLIGENCE TO THE EXTENT APPLICABLE\ \ LAW\nPROHIBITS SUCH LIMITATION. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION\nOR LIMITATION\ \ OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THAT EXCLUSION\nAND LIMITATION MAY NOT APPLY\ \ TO YOU.\n\n10. U.S. GOVERNMENT END USERS\n\nThe Covered Code is a \"commercial item,\" as\ \ that term is defined in 48\nC.F.R. 2.101 (Oct. 1995), consisting of \"commercial computer\ \ software\"\nand \"commercial computer software documentation,\" as such terms are used\n\ in 48 C.F.R. 12.212 (Sept. 1995). Consistent with 48 C.F.R. 12.212 and\n48 C.F.R. 227.7202-1\ \ through 227.7202-4 (June 1995), all U.S. Government\nEnd Users acquire Covered Code with\ \ only those rights set forth herein.\n\n11. MISCELLANEOUS\n\nThis License represents the\ \ complete agreement concerning subject matter\nhereof. If any provision of this License is\ \ held to be unenforceable,\nsuch provision shall be reformed only to the extent necessary\ \ to make it\nenforceable. This License shall be governed by California law provisions\n(except\ \ to the extent applicable law, if any, provides otherwise),\nexcluding its conflict-of-law\ \ provisions. With respect to disputes in\nwhich at least one party is a citizen of, or an\ \ entity chartered or\nregistered to do business in, the United States of America: (a) unless\n\ otherwise agreed in writing, all disputes relating to this License\n(excepting any dispute\ \ relating to intellectual property rights) shall\nbe subject to final and binding arbitration,\ \ with the losing party\npaying all costs of arbitration; (b) any arbitration relating to\ \ this\nAgreement shall be held in Santa Clara County, California, under the\nauspices of\ \ JAMS/EndDispute; and (c) any litigation relating to this\nAgreement shall be subject to\ \ the jurisdiction of the Federal Courts of\nthe Northern District of California, with venue\ \ lying in Santa Clara\nCounty, California, with the losing party responsible for costs,\n\ including without limitation, court costs and reasonable attorneys fees\nand expenses. The\ \ application of the United Nations Convention on\nContracts for the International Sale of\ \ Goods is expressly excluded. Any\nlaw or regulation which provides that the language of\ \ a contract shall\nbe construed against the drafter shall not apply to this License.\n\n\ 12. RESPONSIBILITY FOR CLAIMS\n\nExcept in cases where another Contributor has failed to comply\ \ with\nSection 3.4, You are responsible for damages arising, directly or\nindirectly, out\ \ of Your utilization of rights under this License, based\non the number of copies of Covered\ \ Code you made available, the revenues\nyou received from utilizing such rights, and other\ \ relevant factors. You\nagree to work with affected parties to distribute responsibility\ \ on an\nequitable basis.\n\n13. ADDITIONAL TERMS APPLICABLE TO THE RED HAT ECOS PUBLIC LICENSE\n\ \nNothing in this License shall be interpreted to prohibit Red Hat from\nlicensing under different\ \ terms than this License any code which Red Hat\notherwise would have a right to license.\n\ \nRed Hat and logo - This License does not grant any rights to use the\ntrademark Red Hat,\ \ the Red Hat logo, eCos logo, even if such marks are\nincluded in the Original Code. You\ \ may contact Red Hat for permission to\ndisplay the Red Hat and eCos marks in either the\ \ documentation or the\nExecutable version beyond that required in Exhibit B.\n\nInability\ \ to Comply Due to Contractual Obligation - To the extent that\nRed Hat is limited contractually\ \ from making third party code available\nunder this License, Red Hat may choose to integrate\ \ such third party\ncode into Covered Code without being required to distribute such third\n\ party code in Source Code form, even if such third party code would\notherwise be considered\ \ \"Modifications\" under this License.\n\nEXHIBIT A\n\n\"The contents of this file are subject\ \ to the Red Hat eCos Public \nLicense Version 1.1 (the \"License\"); you may not use this\ \ file except in\ncompliance with the License. You may obtain a copy of the License at\nhttp://www.redhat.com/\n\ \nSoftware distributed under the License is distributed on an \"AS IS\"\nbasis, WITHOUT WARRANTY\ \ OF ANY KIND, either express or implied. See the\nLicense for the specific language governing\ \ rights and limitations under\nthe License.\n\nThe Original Code is eCos - Embedded Configurable\ \ Operating System,\nreleased September 30, 1998. The Initial Developer of the Original Code\n\ is Red Hat. Portions created by Red Hat are Copyright (C) 1998, 1999,\n2000 Red Hat, Inc.\ \ All Rights Reserved.\"\n\nEXHIBIT B\n\nPart of the software embedded in this product is\ \ eCos - Embedded\nConfigurable Operating System, a trademark of Red Hat. Portions created\n\ by Red Hat are Copyright (C) 1998, 1999, 2000 Red Hat, Inc.\n(http://www.redhat.com/). All\ \ Rights Reserved.\n\nTHE SOFTWARE IN THIS PRODUCT WAS IN PART PROVIDED BY RED HAT AND ANY\n\ EXPRESS OR IMPLIED WARRANTIES, INCLUDING, BUT NOT LIMITED TO, THE\nIMPLIED WARRANTIES OF MERCHANTABILITY\ \ AND FITNESS FOR A PARTICULAR\nPURPOSE ARE DISCLAIMED. IN NO EVENT SHALL THE AUTHOR BE LIABLE\ \ FOR ANY\nDIRECT, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, OR CONSEQUENTIAL\nDAMAGES (INCLUDING,\ \ BUT NOT LIMITED TO, PROCUREMENT OF SUBSTITUTE GOODS\nOR SERVICES; LOSS OF USE, DATA, OR\ \ PROFITS; OR BUSINESS INTERRUPTION)\nHOWEVER CAUSED AND ON ANY THEORY OF LIABILITY, WHETHER\ \ IN CONTRACT,\nSTRICT LIABILITY, OR TORT (INCLUDING NEGLIGENCE OR OTHERWISE) ARISING IN\n\ ANY WAY OUT OF THE USE OF THIS SOFTWARE, EVEN IF ADVISED OF THE\nPOSSIBILITY OF SUCH DAMAGE.\n\ \neCos and the eCos logo are registered trademarks of eCosCentric Limited."