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$FreeBSD: release/9.1.0/sys/contrib/ipfilter/netinet/QNX_OCL.txt 95418 2002-04-25 03:31:39Z darrenr $
End User License Certificate (EULA) End User License Certificate
(EULA)
Support Support
QNX Source Licenses QNX Source Licenses
License of the month
Confidential Source License
Version 1.0
QNX Open Community License Version 1.0
THIS QNX OPEN COMMUNITY LICENSE ( "THE OCL", OR "THIS AGREEMENT")
APPLIES TO PROGRAMS THAT QNX SOFTWARE SYSTEMS LTD. ("QSS") EXPRESSLY
ELECTS TO LICENSE UNDER THE OCL TERMS. IT ALSO APPLIES TO DERIVATIVE
WORKS CREATED UNDER THIS AGREEMENT THAT CREATORS ELECT TO LICENSE TO
OTHERS IN SOURCE CODE FORM. ANY USE, REPRODUCTION, MODIFICATION OR
DISTRIBUTION OF SUCH PROGRAMS CONSTITUTES RECIPIENT'S ACCEPTANCE OF
THE OCL. THE LICENSE RIGHTS GRANTED BELOW ARE CONDITIONAL UPON
RECIPIENT'S ACCEPTANCE OF THIS AGREEMENT AND THE FORMATION OF A
BINDING CONTRACT. NOTHING ELSE GRANTS PERMISSION TO USE, REPRODUCE,
MODIFY OR DISTRIBUTE SUCH PROGRAMS OR THEIR DERIVATIVE WORKS. THESE
ACTIONS ARE OTHERWISE PROHIBITED. CONTACT QSS IF OTHER STEPS ARE
REQUIRED LOCALLY TO CREATE A BINDING CONTRACT.
The OCL is intended to promote the development, use and distribution
of derivative works created from QSS source code. This includes
commercial distribution of object code versions under the terms of
Recipient's own license agreement and, at Recipient's option, sharing
of source code modifications within the QNX developer's community. The
license granted under the OCL is royalty free. Recipient is entitled
to charge royalties for object code versions of derivative works that
originate with Recipient. If Recipient elects to license source code
for its derivative works to others, then it must be licensed under the
OCL. The terms of the OCL are as follows:
1. DEFINITIONS
"Contribution" means:
a. in the case of QSS: (i) the Original Program, where the Original
Program originates from QSS, (ii) changes and/or additions to
Unrestricted Open Source, where the Original Program originates
from Unrestricted Open Source and where such changes and/or
additions originate from QSS, and (iii) changes and/or additions
to the Program where such changes and/or additions originate from
QSS.
b. in the case of each Contributor, changes and/or additions to the
Program, where such changes and/or additions originate from and
are distributed by that particular Contributor.
A Contribution 'originates' from a Contributor if it was added to the
Program by such Contributor itself or anyone acting on such
Contributor's behalf. Contributions do not include additions to the
Program which: (i) are separate modules of software distributed in
conjunction with the Program under their own license agreement, and
(ii) are not derivative works of the Program.
"Contributor" means QSS and any other entity that distributes the
Program.
"Licensed Patents " mean patent claims licensable by Contributor to
others, which are necessarily infringed by the use or sale of its
Contribution alone or when combined with the Program.
"Unrestricted Open Source" means published source code that is
licensed for free use and distribution under an unrestricted licensing
and distribution model, such as the Berkley Software Design ("BSD")
and "BSD-like" licenses. It specifically excludes any source code
licensed under any version of the GNU General Public License (GPL) or
the GNU Lesser/Library GPL. All "Unrestricted Open Source" license
terms appear or are clearly identified in the header of any affected
source code for the Original Program.
"Original Program" means the original version of the software
accompanying this Agreement as released by QSS, including source code,
object code and documentation, if any.
"Program" means the Original Program and Contributions.
"Recipient" means anyone who receives the Program under this
Agreement, including all Contributors.
2. GRANT OF RIGHTS
a. Subject to the terms of this Agreement, each Contributor hereby
grants Recipient a non-exclusive, worldwide, royalty-free
copyright license to reproduce, prepare derivative works of,
publicly display, publicly perform, and directly and indirectly
sublicense and distribute the Contribution of such Contributor, if
any, and such derivative works, in source code and object code
form.
b. Subject to the terms of this Agreement, each Contributor hereby
grants Recipient a non-exclusive, worldwide, royalty-free patent
license under Licensed Patents to make, use, sell, offer to sell,
import and otherwise transfer the Contribution of such
Contributor, if any, in source code and object code form. This
patent license shall apply to the combination of the Contribution
and the Program if, at the time the Contribution is added by the
Contributor, such addition of the Contribution causes such
combination to be covered by the Licensed Patents. The patent
license shall not apply to any other combinations which include
the Contribution.
c. Recipient understands that although each Contributor grants the
licenses to its Contributions set forth herein, no assurances are
provided by any Contributor that the Program does not infringe the
patent or other intellectual property rights of any other entity.
Each Contributor disclaims any liability to Recipient for claims
brought by any other entity based on infringement of intellectual
property rights or otherwise. As a condition to exercising the
rights and licenses granted hereunder, each Recipient hereby
assumes sole responsibility to secure any other intellectual
property rights needed, if any. For example, if a third party
patent license is required to allow Recipient to distribute the
Program, it is Recipient's responsibility to acquire that license
before distributing the Program.
d. Each Contributor represents that to its knowledge it has
sufficient copyright rights in its Contribution, if any, to grant
the copyright license set forth in this Agreement.
3. REQUIREMENTS
A Contributor may choose to distribute the Program in object code form
under its own license agreement, provided that:
a. it complies with the terms and conditions of this Agreement; and
b. its license agreement:
i. effectively disclaims on behalf of all Contributors all
warranties and conditions, express and implied, including
warranties or conditions of title and non-infringement, and
implied warranties or conditions of merchantability and
fitness for a particular purpose;
ii. effectively excludes on behalf of all Contributors all
liability for damages, including direct, indirect, special,
incidental and consequential damages, such as lost profits;
and
iii. states that any provisions which differ from this Agreement
are offered by that Contributor alone and not by any other
party.
If the Program is made available in source code form:
a. it must be made available under this Agreement; and
b. a copy of this Agreement must be included with each copy of the
Program. Each Contributor must include the following in a
conspicuous location in the Program along with any other copyright
or attribution statements required by the terms of any applicable
Unrestricted Open Source license:
Copyright {date here}, QNX Software Systems Ltd. and others. All
Rights Reserved.
In addition, each Contributor must identify itself as the originator
of its Contribution, if any, in a manner that reasonably allows
subsequent Recipients to identify the originator of the Contribution.
4. COMMERCIAL DISTRIBUTION
Commercial distributors of software may accept certain
responsibilities with respect to end users, business partners and the
like. While this license is intended to facilitate the commercial use
of the Program, the Contributor who includes the Program in a
commercial product offering should do so in a manner which does not
create potential liability for other Contributors. Therefore, if a
Contributor includes the Program in a commercial product offering,
such Contributor ("Commercial Contributor") hereby agrees to defend
and indemnify every other Contributor ("Indemnified Contributor")
against any losses, damages and costs (collectively "Losses") arising
from claims, lawsuits and other legal actions brought by a third party
against the Indemnified Contributor to the extent caused by the acts
or omissions of such Commercial Contributor in connection with its
distribution of the Program in a commercial product offering. The
obligations in this section do not apply to any claims or Losses
relating to any actual or alleged intellectual property infringement.
In order to qualify, an Indemnified Contributor must: a) promptly
notify the Commercial Contributor in writing of such claim, and b)
allow the Commercial Contributor to control, and cooperate with the
Commercial Contributor in, the defense and any related settlement
negotiations. The Indemnified Contributor may participate in any such
claim at its own expense.
For example, a Contributor might include the Program in a commercial
product offering, Product X. That Contributor is then a Commercial
Contributor. If that Commercial Contributor then makes performance
claims, or offers warranties related to Product X, those performance
claims and warranties are such Commercial Contributor's responsibility
alone. Under this section, the Commercial Contributor would have to
defend claims against the other Contributors related to those
performance claims and warranties, and if a court requires any other
Contributor to pay any damages as a result, the Commercial Contributor
must pay those damages.
5. NO WARRANTY
Recipient acknowledges that there may be errors or bugs in the Program
and that it is imperative that Recipient conduct thorough testing to
identify and correct any problems prior to the productive use or
commercial release of any products that use the Program, and prior to
the release of any modifications, updates or enhancements thereto.
EXCEPT AS EXPRESSLY SET FORTH IN THIS AGREEMENT, THE PROGRAM IS
PROVIDED ON AN "AS IS" BASIS, WITHOUT WARRANTIES OR CONDITIONS OF ANY
KIND, EITHER EXPRESS OR IMPLIED INCLUDING, WITHOUT LIMITATION, ANY
WARRANTIES OR CONDITIONS OF TITLE, NON- INFRINGEMENT, MERCHANTABILITY
OR FITNESS FOR A PARTICULAR PURPOSE. Each Recipient is solely
responsible for determining the appropriateness of using and
distributing the Program and assumes all risks associated with its
exercise of rights under this Agreement, including but not limited to
the risks and costs of program errors, compliance with applicable
laws, damage to or loss of data, programs or equipment, and
unavailability or interruption of operations.
6. DISCLAIMER OF LIABILITY
EXCEPT AS EXPRESSLY SET FORTH IN THIS AGREEMENT, NEITHER RECIPIENT NOR
ANY CONTRIBUTORS SHALL HAVE ANY LIABILITY FOR ANY DIRECT, INDIRECT,
INCIDENTAL, SPECIAL, EXEMPLARY, OR CONSEQUENTIAL DAMAGES (INCLUDING
WITHOUT LIMITATION LOST PROFITS), 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 OR
DISTRIBUTION OF THE PROGRAM OR THE EXERCISE OF ANY RIGHTS GRANTED
HEREUNDER, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
7. GENERAL
If any provision of this Agreement is invalid or unenforceable under
applicable law, it shall not affect the validity or enforceability of
the remainder of the terms of this Agreement, and without further
action by the parties hereto, such provision shall be reformed to the
minimum extent necessary to make such provision valid and enforceable.
If Recipient institutes patent litigation against a Contributor with
respect to a patent applicable to software (including a cross-claim or
counterclaim in a lawsuit), then any patent licenses granted by that
Contributor to such recipient under this Agreement shall terminate as
of the date such litigation is filed. In addition, If Recipient
institutes patent litigation against any entity (including a
cross-claim or counterclaim in a lawsuit) alleging that the Program
itself (excluding combinations of the Program with other software or
hardware) infringes such Recipient's patent(s), then such Recipient's
rights granted under Section 2(b) shall terminate as of the date such
litigation is filed.
All Recipient's rights under this Agreement shall terminate if it
fails to comply with any of the material terms or conditions of this
Agreement and does not cure such failure in a reasonable period of
time after becoming aware of such noncompliance. If all Recipient's
rights under this Agreement terminate, Recipient agrees to cease use
and distribution of the Program as soon as reasonably practicable.
However, Recipient's obligations under this Agreement and any licenses
granted by Recipient relating to the Program shall continue and
survive.
QSS may publish new versions (including revisions) of this Agreement
from time to time. Each new version of the Agreement will be given a
distinguishing version number. The Program (including Contributions)
may always be distributed subject to the version of the Agreement
under which it was received. In addition, after a new version of the
Agreement is published, Contributor may elect to distribute the
Program (including its Contributions) under the new version. No one
other than QSS has the right to modify this Agreement. Except as
expressly stated in Sections 2(a) and 2(b) above, Recipient receives
no rights or licenses to the intellectual property of any Contributor
under this Agreement, whether expressly, by implication, estoppel or
otherwise. All rights in the Program not expressly granted under this
Agreement are reserved.
This Agreement is governed by the laws in force in the Province of
Ontario, Canada without regard to the conflict of law provisions
therein. The parties expressly disclaim the provisions of the United
Nations Convention on Contracts for the International Sale of Goods.
No party to this Agreement will bring a legal action under this
Agreement more than one year after the cause of action arose. Each
party waives its rights to a jury trial in any resulting litigation.
* QNX is a registered trademark of QNX Software Systems Ltd.
Document Version: ocl1_00