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diff --git a/rtlinux-patent-2.0.txt b/rtlinux-patent-2.0.txt new file mode 100644 index 0000000..8373a9c --- /dev/null +++ b/rtlinux-patent-2.0.txt @@ -0,0 +1,195 @@ +The Open RTLinux Patent License, Version 2.0 +============================================ + +The Open RTLinux Patent License ("License" or :Agreement") governs the +royalty-free use of the process defined by U.S. Patent No. 5,995,745. +Anyone can license the use of the Patented Process (as defined below) by +agreeing to be bound by the terms of this License. Such person is +considered to be the Licensee ("Licensee"). The Patented Process may be +used, without any payment of a royalty, with two (2) types of software. +The first type is software that operates under the terms of a GPL (as +defined below). The second type is software operating under an Open +RTLinux Execution Environment (as defined below). As long as the +Licensee complies with the terms and conditions of this License and, +where applicable, with the terms of the GPL, the Licensee may continue +to use the Patented Process without paying a royalty for its use. You +may use the Patented Process with software other than the two types +mentioned above but you must first obtain a separate license for such +use. The first step is to contact Finite State Machine Labs, Inc. +(http://www.fsmlabs.com) + +Definitions +----------- + +1. "Patented Process" means the process covered by U.S. Patent No. + 5,995,745, issued November 30, 1999 and entitled ADDING REAL-TIME + SUPPORT TO GENERAL PURPOSE OPERATING SYSTEMS. + +2. "License" means this License in its entirety, also known as the Open + RTLinux Patent License Version 2.0. + +3. "Licensor" means Victor Yodaiken, the inventor and co-owner of U.S. + Patent No. 5,995,745, and Finite State Machine Labs, Inc., the other + co-owner of the patent. + +4. "You" means any person or entity that makes use of the Patented + Process or agrees to be bound by provisions of this License + ("Licensee"). + +5. "GPL" means The Free Software Foundation's General Public License + Version 2. + +6. "Open RTLinux Software" means unmodified software labeled "Open + RTLinux code" by Finite State Machine Labs, Inc. and: + + A. In the case of a binary distribution, the complete set of + executable programs, including linked files and any and all other + accompanying files, such as documentation; + + B. In the case of an installation for use, the complete set of + executable programs, any linked files, any attached files and any + and all other accompanying files, such as documentation; + + C. In the case of a source distribution, the complete set of + unmodified source files, and any and all documentation included + with the source code. + +7. "Open RTLinux Execution Environment" means: A computer hardware + system where the interrupt control hardware of processors and system + boards is under the direct control of unmodified Open RTLinux + Software in binary form. Configuration by a Licensee using the + configuration tools provided by Licensor is not considered a + modification unless such configuration includes a change to Open + RTLinux code that is not provided as an option through the + configuration tool. + +Approved Use +------------ + +In addition to the other terms and conditions of this License, use of +the Patented Process is permitted, without fee or royalty, when used: + +A. By software licensed under the GPL; or + +B. By software that executes within an Open RTLinux Execution + Environment - whether that software is licensed under the GPL or not. + +Your Obligations +---------------- + +1. Any use of the Patented Process must include labeling the product or + service that includes the Patented Process with the following + language: "Used, under license, U.S. Patent No. 5,995,745." + +2. A copy of these conditions and terms must be attached to or included + with any distribution of any product or service that uses the + Patented Process. It must be made clear to anyone that uses your + product or service that all subsequent uses must also comply with the + conditions and terms of this License and (where appropriate) the GPL. + +3. If you are using this Patented Process according to the conditions of + this License for GPL software and you are distributing or otherwise + making your software available outside your company then you must not + place any artificial impediments to free access to your software + source code. If you distribute your software or market your software + through some web site on the World-Wide-Web, you must make source + code for the software that makes use of the Patented Process + immediately available on the World-Wide-Web for all to access. Any + subsequent use must comply strictly with the terms of the GPL and + with this License. Failure to comply with the terms of the GPL will + result in an automatic termination of this License. + +4. Open RTLinux Software is released under the GPL and you must comply + with the terms of the GPL where applicable. Any modification of Open + RTLinux code outside of the terms of the GPL is considered a material + breach of this license. Any modification of Open RTLinux code results + in code that is not "Open RTLinux code" in the terms of this license + and this code cannot be used under the provisions of the section on + Approved Use, subparagraph (B) above. + +5. All notices, requests, demands, and other communications shall be in + writing and sent by electronic mail and by facsimile, nationally + recognized overnight carrier, or certified mail, postage prepaid, to: + + Victor J. Yodaiken + Finite State Machine Labs, Inc. + 115-D Abeyta Avenue + Socorro, New Mexico 87801 + Facsimile: (505) 838-9112 + email: license@fsmlabs.com + +6. This Agreement is the entire agreement between the parties with + respect to this subject matter. + +7. This Agreement shall be governed by the laws of the State of New + Mexico, without giving effect to principles of conflicts of law. In + addition, any action or proceeding arising from or relating to this + Agreement, except for actions solely relating to issues regarding + compliance with or interpretation of the GPL, must be brought in a + federal court in New Mexico. Each party irrevocably submits to the + jurisdiction of venue of any such court. + +8. Licensor shall have no liability for any direct, indirect, + incidental, special, exemplary, punitive, consequential, or other + damages, including without limitation, loss of profit or business + opportunities, however caused and on any theory of liability, whether + in contract, strict liability, or tort (including negligence or + otherwise), whether or not advised of the possibility of such + damages. Licensor expressly disclaims any representations or + warranties, expressed or implied, regarding the product or services + contemplated by this Agreement, including, but not limited to, any + implied warranty of merchantability or fitness for a particular + purpose. The products and services contemplated by this Agreement are + provided "as is" without warranty of any kind, either expressed or + implied. The entire risk as to the quality and performance of the + products and services contemplated by this Agreement are with the + Licensee. Each Licensee under this Agreement 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. + + +Termination and Limitations +--------------------------- + +1. This Agreement shall commence as of the date this Agreement is + executed by both parties and shall remain in full force and effect + until Three-Hundred-and-Sixty-Five (365) calendar days from the date + of execution subject to prior termination as provided below. + Execution shall be deemed complete as of the moment the Licensee + acknowledges acceptance of all terms of this Agreement by clicking on + the "I agree" icon found on Licensor's web site + (http://www.fsmlabs.com) or by sending written confirmation of + acceptance by electronic mail to license@fsmlabs.com. Execution of + this license shall also be deemed complete upon your first use of the + software licensed under the GPL in accordance with Section 1.A. of + this Agreement, without registering acceptance with the Licensor. + Unless this Agreement is terminated as provided below, this Agreement + shall automatically renew for periods of Three-Hundred-and-Sixty-Five + (365) calendar days each until the expiration of the U.S. Patent on + the Licensed Process. + +2. The Licensor owns all right, title and interest to the patent. The + Licensor is not obligated to defend or indemnify any Licensee against + any suit, damage, claim or allegation of patent infringement + resulting from any use of the Patented Process. In the event of any + such occurrence, the Licensor will cooperate with Licensee, at + Licensee's expense. + +3. The term of this License will be limited by compliance of the + Licensee. If you do not comply with the conditions and terms of this + License, the License will be automatically terminated and all use of + the Patented Process must stop. + +4. Licensee acknowledges that no other representations by Licensor exist + and that no other agreements exist between Licensee and Licensor. + This Agreement will be construed and interpreted according to the + laws of the State of New Mexico. + + + + +Dated: October 5 2001. + +The end |