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_00 278