xref: /freebsd-9.3-release/sys/contrib/ipfilter/netinet/QNX_OCL.txt

$FreeBSD$

   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