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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
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