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- 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
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