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| -rw-r--r-- | sys/contrib/ipfilter/netinet/QNX_OCL.txt | 275 |
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diff --git a/sys/contrib/ipfilter/netinet/QNX_OCL.txt b/sys/contrib/ipfilter/netinet/QNX_OCL.txt new file mode 100644 index 0000000000000..6aa33eaf6b060 --- /dev/null +++ b/sys/contrib/ipfilter/netinet/QNX_OCL.txt @@ -0,0 +1,275 @@ + 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 |