1$FreeBSD$
2
3   End User License Certificate (EULA) End User License Certificate
4   (EULA) 
5   Support Support 
6   QNX Source Licenses QNX Source Licenses 
7   License of the month
8   Confidential Source License
9   Version 1.0
10   
11QNX Open Community License Version 1.0
12
13   THIS QNX OPEN COMMUNITY LICENSE ( "THE OCL", OR "THIS AGREEMENT")
14   APPLIES TO PROGRAMS THAT QNX SOFTWARE SYSTEMS LTD. ("QSS") EXPRESSLY
15   ELECTS TO LICENSE UNDER THE OCL TERMS. IT ALSO APPLIES TO DERIVATIVE
16   WORKS CREATED UNDER THIS AGREEMENT THAT CREATORS ELECT TO LICENSE TO
17   OTHERS IN SOURCE CODE FORM. ANY USE, REPRODUCTION, MODIFICATION OR
18   DISTRIBUTION OF SUCH PROGRAMS CONSTITUTES RECIPIENT'S ACCEPTANCE OF
19   THE OCL. THE LICENSE RIGHTS GRANTED BELOW ARE CONDITIONAL UPON
20   RECIPIENT'S ACCEPTANCE OF THIS AGREEMENT AND THE FORMATION OF A
21   BINDING CONTRACT. NOTHING ELSE GRANTS PERMISSION TO USE, REPRODUCE,
22   MODIFY OR DISTRIBUTE SUCH PROGRAMS OR THEIR DERIVATIVE WORKS. THESE
23   ACTIONS ARE OTHERWISE PROHIBITED. CONTACT QSS IF OTHER STEPS ARE
24   REQUIRED LOCALLY TO CREATE A BINDING CONTRACT.
25   
26   The OCL is intended to promote the development, use and distribution
27   of derivative works created from QSS source code. This includes
28   commercial distribution of object code versions under the terms of
29   Recipient's own license agreement and, at Recipient's option, sharing
30   of source code modifications within the QNX developer's community. The
31   license granted under the OCL is royalty free. Recipient is entitled
32   to charge royalties for object code versions of derivative works that
33   originate with Recipient. If Recipient elects to license source code
34   for its derivative works to others, then it must be licensed under the
35   OCL. The terms of the OCL are as follows:
36   
371. DEFINITIONS
38
39   "Contribution" means:
40   
41    a. in the case of QSS: (i) the Original Program, where the Original
42       Program originates from QSS, (ii) changes and/or additions to
43       Unrestricted Open Source, where the Original Program originates
44       from Unrestricted Open Source and where such changes and/or
45       additions originate from QSS, and (iii) changes and/or additions
46       to the Program where such changes and/or additions originate from
47       QSS.
48    b. in the case of each Contributor, changes and/or additions to the
49       Program, where such changes and/or additions originate from and
50       are distributed by that particular Contributor.
51       
52   A Contribution 'originates' from a Contributor if it was added to the
53   Program by such Contributor itself or anyone acting on such
54   Contributor's behalf. Contributions do not include additions to the
55   Program which: (i) are separate modules of software distributed in
56   conjunction with the Program under their own license agreement, and
57   (ii) are not derivative works of the Program.
58   
59   "Contributor" means QSS and any other entity that distributes the
60   Program.
61   
62   "Licensed Patents " mean patent claims licensable by Contributor to
63   others, which are necessarily infringed by the use or sale of its
64   Contribution alone or when combined with the Program.
65   
66   "Unrestricted Open Source" means published source code that is
67   licensed for free use and distribution under an unrestricted licensing
68   and distribution model, such as the Berkley Software Design ("BSD")
69   and "BSD-like" licenses. It specifically excludes any source code
70   licensed under any version of the GNU General Public License (GPL) or
71   the GNU Lesser/Library GPL. All "Unrestricted Open Source" license
72   terms appear or are clearly identified in the header of any affected
73   source code for the Original Program.
74   
75   "Original Program" means the original version of the software
76   accompanying this Agreement as released by QSS, including source code,
77   object code and documentation, if any.
78   
79   "Program" means the Original Program and Contributions.
80   
81   "Recipient" means anyone who receives the Program under this
82   Agreement, including all Contributors.
83   
842. GRANT OF RIGHTS
85
86    a. Subject to the terms of this Agreement, each Contributor hereby
87       grants Recipient a non-exclusive, worldwide, royalty-free
88       copyright license to reproduce, prepare derivative works of,
89       publicly display, publicly perform, and directly and indirectly
90       sublicense and distribute the Contribution of such Contributor, if
91       any, and such derivative works, in source code and object code
92       form.
93    b. Subject to the terms of this Agreement, each Contributor hereby
94       grants Recipient a non-exclusive, worldwide, royalty-free patent
95       license under Licensed Patents to make, use, sell, offer to sell,
96       import and otherwise transfer the Contribution of such
97       Contributor, if any, in source code and object code form. This
98       patent license shall apply to the combination of the Contribution
99       and the Program if, at the time the Contribution is added by the
100       Contributor, such addition of the Contribution causes such
101       combination to be covered by the Licensed Patents. The patent
102       license shall not apply to any other combinations which include
103       the Contribution.
104    c. Recipient understands that although each Contributor grants the
105       licenses to its Contributions set forth herein, no assurances are
106       provided by any Contributor that the Program does not infringe the
107       patent or other intellectual property rights of any other entity.
108       Each Contributor disclaims any liability to Recipient for claims
109       brought by any other entity based on infringement of intellectual
110       property rights or otherwise. As a condition to exercising the
111       rights and licenses granted hereunder, each Recipient hereby
112       assumes sole responsibility to secure any other intellectual
113       property rights needed, if any. For example, if a third party
114       patent license is required to allow Recipient to distribute the
115       Program, it is Recipient's responsibility to acquire that license
116       before distributing the Program.
117    d. Each Contributor represents that to its knowledge it has
118       sufficient copyright rights in its Contribution, if any, to grant
119       the copyright license set forth in this Agreement.
120       
121  3. REQUIREMENTS
122  
123   A Contributor may choose to distribute the Program in object code form
124   under its own license agreement, provided that:
125   
126    a. it complies with the terms and conditions of this Agreement; and
127    b. its license agreement:
128         i. effectively disclaims on behalf of all Contributors all
129            warranties and conditions, express and implied, including
130            warranties or conditions of title and non-infringement, and
131            implied warranties or conditions of merchantability and
132            fitness for a particular purpose;
133        ii. effectively excludes on behalf of all Contributors all
134            liability for damages, including direct, indirect, special,
135            incidental and consequential damages, such as lost profits;
136            and
137        iii. states that any provisions which differ from this Agreement
138            are offered by that Contributor alone and not by any other
139            party.
140       
141   If the Program is made available in source code form:
142   
143    a. it must be made available under this Agreement; and
144    b. a copy of this Agreement must be included with each copy of the
145       Program. Each Contributor must include the following in a
146       conspicuous location in the Program along with any other copyright
147       or attribution statements required by the terms of any applicable
148       Unrestricted Open Source license:
149       Copyright {date here}, QNX Software Systems Ltd. and others. All
150       Rights Reserved.
151       
152   In addition, each Contributor must identify itself as the originator
153   of its Contribution, if any, in a manner that reasonably allows
154   subsequent Recipients to identify the originator of the Contribution.
155   
156  4. COMMERCIAL DISTRIBUTION
157  
158   Commercial distributors of software may accept certain
159   responsibilities with respect to end users, business partners and the
160   like. While this license is intended to facilitate the commercial use
161   of the Program, the Contributor who includes the Program in a
162   commercial product offering should do so in a manner which does not
163   create potential liability for other Contributors. Therefore, if a
164   Contributor includes the Program in a commercial product offering,
165   such Contributor ("Commercial Contributor") hereby agrees to defend
166   and indemnify every other Contributor ("Indemnified Contributor")
167   against any losses, damages and costs (collectively "Losses") arising
168   from claims, lawsuits and other legal actions brought by a third party
169   against the Indemnified Contributor to the extent caused by the acts
170   or omissions of such Commercial Contributor in connection with its
171   distribution of the Program in a commercial product offering. The
172   obligations in this section do not apply to any claims or Losses
173   relating to any actual or alleged intellectual property infringement.
174   In order to qualify, an Indemnified Contributor must: a) promptly
175   notify the Commercial Contributor in writing of such claim, and b)
176   allow the Commercial Contributor to control, and cooperate with the
177   Commercial Contributor in, the defense and any related settlement
178   negotiations. The Indemnified Contributor may participate in any such
179   claim at its own expense.
180   
181   For example, a Contributor might include the Program in a commercial
182   product offering, Product X. That Contributor is then a Commercial
183   Contributor. If that Commercial Contributor then makes performance
184   claims, or offers warranties related to Product X, those performance
185   claims and warranties are such Commercial Contributor's responsibility
186   alone. Under this section, the Commercial Contributor would have to
187   defend claims against the other Contributors related to those
188   performance claims and warranties, and if a court requires any other
189   Contributor to pay any damages as a result, the Commercial Contributor
190   must pay those damages.
191   
192  5. NO WARRANTY
193  
194   Recipient acknowledges that there may be errors or bugs in the Program
195   and that it is imperative that Recipient conduct thorough testing to
196   identify and correct any problems prior to the productive use or
197   commercial release of any products that use the Program, and prior to
198   the release of any modifications, updates or enhancements thereto.
199   
200   EXCEPT AS EXPRESSLY SET FORTH IN THIS AGREEMENT, THE PROGRAM IS
201   PROVIDED ON AN "AS IS" BASIS, WITHOUT WARRANTIES OR CONDITIONS OF ANY
202   KIND, EITHER EXPRESS OR IMPLIED INCLUDING, WITHOUT LIMITATION, ANY
203   WARRANTIES OR CONDITIONS OF TITLE, NON- INFRINGEMENT, MERCHANTABILITY
204   OR FITNESS FOR A PARTICULAR PURPOSE. Each Recipient is solely
205   responsible for determining the appropriateness of using and
206   distributing the Program and assumes all risks associated with its
207   exercise of rights under this Agreement, including but not limited to
208   the risks and costs of program errors, compliance with applicable
209   laws, damage to or loss of data, programs or equipment, and
210   unavailability or interruption of operations.
211   
212  6. DISCLAIMER OF LIABILITY
213  
214   EXCEPT AS EXPRESSLY SET FORTH IN THIS AGREEMENT, NEITHER RECIPIENT NOR
215   ANY CONTRIBUTORS SHALL HAVE ANY LIABILITY FOR ANY DIRECT, INDIRECT,
216   INCIDENTAL, SPECIAL, EXEMPLARY, OR CONSEQUENTIAL DAMAGES (INCLUDING
217   WITHOUT LIMITATION LOST PROFITS), HOWEVER CAUSED AND ON ANY THEORY OF
218   LIABILITY, WHETHER IN CONTRACT, STRICT LIABILITY, OR TORT (INCLUDING
219   NEGLIGENCE OR OTHERWISE) ARISING IN ANY WAY OUT OF THE USE OR
220   DISTRIBUTION OF THE PROGRAM OR THE EXERCISE OF ANY RIGHTS GRANTED
221   HEREUNDER, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
222   
223  7. GENERAL
224  
225   If any provision of this Agreement is invalid or unenforceable under
226   applicable law, it shall not affect the validity or enforceability of
227   the remainder of the terms of this Agreement, and without further
228   action by the parties hereto, such provision shall be reformed to the
229   minimum extent necessary to make such provision valid and enforceable.
230   
231   If Recipient institutes patent litigation against a Contributor with
232   respect to a patent applicable to software (including a cross-claim or
233   counterclaim in a lawsuit), then any patent licenses granted by that
234   Contributor to such recipient under this Agreement shall terminate as
235   of the date such litigation is filed. In addition, If Recipient
236   institutes patent litigation against any entity (including a
237   cross-claim or counterclaim in a lawsuit) alleging that the Program
238   itself (excluding combinations of the Program with other software or
239   hardware) infringes such Recipient's patent(s), then such Recipient's
240   rights granted under Section 2(b) shall terminate as of the date such
241   litigation is filed.
242   
243   All Recipient's rights under this Agreement shall terminate if it
244   fails to comply with any of the material terms or conditions of this
245   Agreement and does not cure such failure in a reasonable period of
246   time after becoming aware of such noncompliance. If all Recipient's
247   rights under this Agreement terminate, Recipient agrees to cease use
248   and distribution of the Program as soon as reasonably practicable.
249   However, Recipient's obligations under this Agreement and any licenses
250   granted by Recipient relating to the Program shall continue and
251   survive.
252   
253   QSS may publish new versions (including revisions) of this Agreement
254   from time to time. Each new version of the Agreement will be given a
255   distinguishing version number. The Program (including Contributions)
256   may always be distributed subject to the version of the Agreement
257   under which it was received. In addition, after a new version of the
258   Agreement is published, Contributor may elect to distribute the
259   Program (including its Contributions) under the new version. No one
260   other than QSS has the right to modify this Agreement. Except as
261   expressly stated in Sections 2(a) and 2(b) above, Recipient receives
262   no rights or licenses to the intellectual property of any Contributor
263   under this Agreement, whether expressly, by implication, estoppel or
264   otherwise. All rights in the Program not expressly granted under this
265   Agreement are reserved.
266   
267   This Agreement is governed by the laws in force in the Province of
268   Ontario, Canada without regard to the conflict of law provisions
269   therein. The parties expressly disclaim the provisions of the United
270   Nations Convention on Contracts for the International Sale of Goods.
271   No party to this Agreement will bring a legal action under this
272   Agreement more than one year after the cause of action arose. Each
273   party waives its rights to a jury trial in any resulting litigation.
274   
275   * QNX is a registered trademark of QNX Software Systems Ltd.
276   
277                         Document Version: ocl1_00
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