eCosPro Non-Commercial Public License

Version 1.0 April 2018


PLEASE READ THE TERMS AND CONDITIONS OF THIS SOFTWARE LICENSE AGREEMENT CAREFULLY.

1. Acceptance and Agreement

  1. The “Licensor” has made the Software available to You under the terms and conditions of this software license (the “License”) only on the condition that You accept and agree to be bound all of the terms and conditions of this License.
  2. By utilising the Software or exercising the Licensed Rights defined below, You accept and agree to be bound by the terms and conditions of this License.
  3. To the extent this License may be interpreted as a contract, You are granted the Licensed Rights in consideration of Your acceptance of these terms and conditions, and the Licensor grants You such rights in consideration of benefits the Licensor receives from making the Software available under these terms and conditions.

2. Definitions

The following list of terms appear in this License and have the following definitions for the purposes of this License.

Commercial License
refers to a Commercial Use License issued by the Licensor which permits usage other than Non-Commercial use of the Software and/or Software Derivatives under commercially agreed terms and conditions.
License
refers to version 1.0 of the eCosPro Non-Commercial Public License.
Licensed Rights
means the rights granted to You subject to the terms and conditions of this License that the Licensor has authority to license.
Licensee, You
means the individual or entity exercising the Licensed Rights under this License. Your has a corresponding meaning.
Licensor
means the individual(s) or entity(ies) granting rights under this License.
Foreign Software
means software in any form not licensed under the terms and conditions of this License.
Non-Commercial
means not primarily intended for or directed towards commercial advantage or monetary compensation.
Share
means to provide Software or Software Derivatives to the public by any means or process that requires permission under the Licensed Rights, such as reproduction, distribution, or importation and to make the Software or Software Derivatives available to the public including in ways that members of the public may access or make use of the Software or Software Derivatives from a place and at a time individually chosen by them. Shared and Sharing have corresponding meanings.
Software

refers to the copyrightable work licensed under the terms and conditions of this License, in the preferred format for making modifications to it. This includes any modification to the work or work derived from or based on the work. Typically this means source code of the work, modifications and derivatives in machine-readable format, but also refers to other material such as documentation, illustrations and publications in their various forms (e.g. paper, electronic).

Use of macros, inline functions, or instantiation of templates, from the Software by Foreign Software does not by itself make the Foreign Software a work derived or based on the Software.

Software Derivatives

refers to any work derived or based on the Software in formats other than the source code form of the Software. This includes and is not limited to object, binary, executable, encrypted, compressed forms of the works.

Linking with or calling into Software Derivatives by Foreign Software does not by itself make the Foreign Software a work derived or based on the Software or Software Derivatives.

3. Grant of License

  1. Subject to the terms and conditions of this License, the Licensor hereby grants You a worldwide, royalty-free, non-exclusive, non-sublicensable, irrevocable license to exercise the Licensed Rights to:

    1. utilise, reproduce and Share the Software, in whole or in part, for Non-Commercial purposes only; and
    2. produce, utilise, reproduce, and Share the Software Derivatives, in whole or in part, for Non-Commercial purposes only.
  2. Exclusions: 

    1. This License does not apply to You if you have a Commercial License for the Software or a Commercial License for the Software Derivatives. The terms and conditions of the Commercial License will instead apply to the relevant work.
    2. Patent and trademark rights are not licensed under this License.
    3. To the extent possible, the Licensor waives any right to collect royalties or license fees from You for the exercise of the Licensed Rights, whether directly or through a collecting society under any voluntary or waivable statutory or compulsory licensing scheme. In all other cases the Licensor expressly reserves any right to collect such royalties or license fees, including when the Software or the Software Derivatives are used other than for Non-Commercial purposes.
    4. Use of macros, inline functions, or instantiation of templates, from the Software by Foreign Software does not by itself impose the terms and conditions of this License on the Foreign Software.
    5. Linking with or calling into Software Derivatives by Foreign Software does not by itself impose the terms and conditions of this License on the Foreign Software. However, in such instances the terms and conditions of the Software Derivatives still apply.

  3. Downstream recipients: 

    1. Offer from the LicensorSoftware and Software Derivatives.  Every recipient of the Software or the Software Derivatives automatically receives an offer from the Licensor to exercise the Licensed Rights under the terms and conditions of this License.
    2. No downstream restrictions.You may not offer or impose any additional or different terms or conditions on the Software or the Software Derivatives if doing so restricts exercise of the Licensed Rights by any recipient of the Software or Software Derivatives.

  4. No endorsement:  Nothing in this License constitutes or may be construed as permission to assert or imply that You are, or that Your use of the Software or the Software Derivatives are, connected with, or sponsored, endorsed, or granted official status by, the Licensor or others designated to receive attribution as provided in Section 4.a and Section 4.b.

4. License Conditions and Attribution

Your exercise of the Licensed Rights is expressly made subject to the following conditions:

  1. If You Share the Software You must:

    1. retain the following if present within the Software:

      1. identification of the creator(s) of the Software and any others designated to receive attribution, in any reasonable manner requested by the Licensor (including by pseudonym if designated);
      2. a copyright notice;
      3. a notice that refers to this License;
      4. the text of this License (normally provided in a separate file);
      5. a URI or hyperlink to the Software to the extent reasonably practicable;

      and

    2. indicate if You modified the Software and retain an indication of any previous modifications; and
    3. indicate the Software is licensed under this License, and include the text of, and/or the URI or hyperlink to, this License.

  2. If You Share the Software Derivatives You must:

    1. clearly state the Software Derivatives are:

      1. provided for Non-Commercial use only; and
      2. licensed under this License; and
      3. include the text of and/or the URI to, this License;

      and

    2. convey the machine-readable corresponding Software under the terms of Section 4.a through one of the following methods:

      1. if the Software Derivatives are conveyed in, or embodied in, a physical device (including a physical distribution medium); then the machine-readable corresponding Software must be conveyed either:

        1. on a durable physical medium normally used for software interchange which accompanies the physical device; or
        2. with a written offer that accompanies the device to provide, at no charge and for a minimum period of two years from the date the Software Derivatives was conveyed, anyone who possesses the physical device either: (1) a copy of the corresponding Software for all the Software Derivatives in the device that is covered by this License on a durable physical medium normally used for software interchange; or (2) access to the corresponding Software on a server connected to the internet in a manner that it may be copied from the server.

        or

      2. if the Software Derivatives were originally conveyed to you in the manner described in Section 4.b.ii.1 and You subsequently copy into another device or converted into a new form the Software Derivatives and Share the Software Derivatives, then the machine-readable corresponding Software must also be conveyed through one of the methods described in Section 4.b.ii.1; or
      3. if the Software Derivatives are Shared by offering access from a designated place at no charge, equivalent access to the corresponding Software must be offered in the same way from the same place at no additional charge for a minimum period of two years; or
      4. if the Software Derivatives are Shared using peer-to-peer sharing, You must inform other peers where the Software Derivatives and corresponding Software are being offered under Section 4.b.ii.3.

    For avoidance of doubt:

    • all source code forms of Software Derivatives must comply to Section 4.a; and
    • only Non-Commercial sharing of Software Derivatives is permitted under the terms of this License.

5. Disclaimer of Warranties and Limitation of Liability

  1. UNLESS OTHERWISE SEPARATELY UNDERTAKEN BY THE Licensor, TO THE EXTENT POSSIBLE, THE Licensor OFFERS THE Software AND Software Derivatives AS-IS AND AS-AVAILABLE, AND MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND CONCERNING THE Software AND Software Derivatives, WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHER. THIS INCLUDES, WITHOUT LIMITATION, WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, ABSENCE OF LATENT OR OTHER DEFECTS, ACCURACY, OR THE PRESENCE OR ABSENCE OF ERRORS, WHETHER OR NOT KNOWN OR DISCOVERABLE, OR THAT THE Software OR Software Derivatives WILL MEET Your REQUIREMENTS. THE ENTIRE RISK AS TO THE QUALITY AND PERFORMANCE OF THE Software OR Software Derivatives IS Yours. SHOULD THE Software OR Software Derivatives PROVE DEFECTIVE AND You ASSUME ANY COST OF ALL NECESSARY SERVICING, REPAIR OR CORRECTION. WHERE DISCLAIMERS OF WARRANTIES ARE NOT ALLOWED IN FULL OR IN PART, THIS DISCLAIMER MAY NOT APPLY TO You.
  2. TO THE EXTENT POSSIBLE, IN NO EVENT WILL THE Licensor BE LIABLE TO You ON ANY LEGAL THEORY (INCLUDING, WITHOUT LIMITATION, NEGLIGENCE) OR OTHERWISE FOR ANY DIRECT, SPECIAL, INDIRECT, INCIDENTAL, CONSEQUENTIAL, PUNITIVE, EXEMPLARY, OR OTHER LOSSES, COSTS, EXPENSES, OR DAMAGES ARISING OUT OF THIS License OR USE OF THE Software or Software Derivatives, EVEN IF THE Licensor HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH LOSSES, COSTS, EXPENSES, OR DAMAGES. WHERE A LIMITATION OF LIABILITY IS NOT ALLOWED IN FULL OR IN PART, THIS LIMITATION MAY NOT APPLY TO You.
  3. The disclaimer of warranties and limitation of liability provided above shall be interpreted in a manner that, to the extent possible, most closely approximates an absolute disclaimer and waiver of all liability.

6. Intellectual Property Rights

The intellectual property rights in the Software and Software Derivatives shall remain vested in the Licensor.

7. Term and Termination

  1. This License applies for the term of the Licensed Rights licensed here. However, if You fail to comply with this License, then Your rights under this License terminate automatically.
  2. Where Your right to use the Software or Software Derivatives has terminated under Section 7.a, it reinstates:

    1. automatically as of the date the violation is cured, provided it is cured within 30 days of Your discovery of the violation if the Licensor has not expressly advised You of the violation; or
    2. upon express reinstatement by the Licensor.

    For the avoidance of doubt:

    1. express reinstatement by the Licensor is required when You have been notified by the Licensor of non-compliance of the License; and
    2. this Section 7.b does not affect any right the Licensor may have to seek remedies for Your violations of this License.

  3. For the avoidance of doubt, the Licensor may also offer the Software or Software Derivatives under separate terms or conditions, such as a Commercial License, or stop distributing the Software or Software Derivatives at any time; however, doing so will not terminate this License.
  4. Sections 2, 5, 6, 7, 8 and 9 survive termination of this License.

8. Other Terms and Conditions

  1. The Licensor shall not be bound by any additional or different terms or conditions communicated by You unless expressly agreed.
  2. Any arrangements, understandings, or agreements regarding the Software or Software Derivatives not stated herein are separate from and independent of the terms and conditions of this License.

9. General

  1. This License is governed by English law. Both the Licensor and You submit to the exclusive jurisdiction of the English courts in relation to any dispute concerning this License but the Licensor is also entitled to apply to any court worldwide for injunctive and other remedies in order to protect or enforce its Intellectual Property Rights or this License.
  2. To the extent possible, if any provision of this license; is deemed unenforceable, it shall be automatically reformed to the minimum extent necessary to make it enforceable. If the provision cannot be reformed, it shall be severed from this License without affecting the enforceability of the remaining terms and conditions.
  3. No term or condition of this License will be waived and no failure to comply consented to unless expressly agreed to by the Licensor.
  4. Nothing in this License constitutes or may be interpreted as a limitation upon, or waiver of, any privileges and immunities that apply to the Licensor or You, including from the legal processes of any jurisdiction or authority.

Appendix A: eCosPro Licensor

  1. The Licensor of eCosPro Software and its Software Derivatives is:

          eCosCentric Limited
          The Maltings, High Street, Burwell
          CambridgeCambridgeshireCB25 0HB,
          United Kingdom
          Email: 
          Phone: +44 1223 245571
          Fax: +44 1223 248712
          Web: http://www.ecoscentric.com/

          Company registered in England and Wales, Reg No 04422071

  2. A Commercial License is required for all commercial use (usage other than Non-Commercial use) of eCosPro Software and its Software Derivatives.
  3. A Commercial License may only be obtained from eCosCentric Limited.
  4. eCosPro Software may be obtained from eCosCentric Limited at http://www.ecoscentric.com/. Contributions and fixes to eCosPro Software are always welcome and instructions for contributing fixes and additional features or support may also be found at the same location.
  5. eCosPro Software Identification. 
    Source files of eCosPro Software can normally be identified through a header of the form:

    //==========================================================================
    //####ECOSPRONCCOPYRIGHTBEGIN####
    //
    // Copyright (C) 2010-2018 eCosCentric Limited (Licensor and author)
    //
    // This file is part of the eCosPro RTOS (the "Software").
    //
    // This file is licensed under the "eCosPro Non-Commercial Public
    // License 1.0" (the "License") which may be found in the
    // accompanying LICENSE.txt or at:
    //   http://www.ecoscentric.com/ecospro-nc-public-license.html
    //
    // This Software may be found at: http://www.ecoscentric.com/
    //
    // You may not use this file or its derivatives except for
    // Non-Commercial purposes in compliance with the License.
    // Commercial use of this file or its derivatives requires a
    // Commercial License from eCosCentric Limited.
    //
    //####ECOSPRONCCOPYRIGHTEND####
    //==========================================================================

    Where present in files, this header must be retained. If a file does not self-identify the license under which it is provided, the accompanying LICENSE.txt file located in the same directory as the file, or if not present the closest ancestor directory of the file containing a LICENSE.txt file, may be used to identify the license.

  6. Middleware Identification. 
    Certain eCosPro Software files may additionally identify themselves as forming part of an eCosPro Middleware package with a variant of the above header which includes lines such as:

    // This file is part of the eCosPro RTOS (the "Software") and forms
    // part of the PACKAGE NAME Middleware Package.

    Middleware Packages (i.e. PACKAGE NAME) may only be used for Non-Commercial purposes UNLESS the Middleware Package has been explicitly included within a Commercial License.

Appendix B: Example Usage

This appendix has been provided as a guideline to all users or developers of the Software or Software Derivatives to help them determine whether their usage falls within the terms and conditions of the License, or whether they require a Commercial License to start or continue usage of the Software or Software Derivatives.

The list of examples provided is neither complete nor definitive. If you are unsure whether your usage is Non-Commercial, contact the Licensor or eCosCentric Limited at the address provided in Appendix A: eCosPro Licensor.

1. Example 1 - Commercial Use

You repackage, bundle or use the Software or Software Derivatives with either Your or other software, or within a device. The resulting software “package”, derivative or device is sold for monetary gain to the public or other entities.

You require a Commercial License.

2. Example 2 - Non-Commercial Use

You are a state-recognised learning institution, such as a school, college or university, and use the Software Software Derivatives as a resource, library or tool to assist with the education of Your students towards a formal qualification or degree.

Your use of the Software and its Software Derivatives is Non-Commercial and governed by the terms of the eCosPro Non-Commercial Public License.

3. Example 3 - Commercial Use

You are either a contractor, a software company, consultancy, outsourcing or engineering entity, manufacturer or service provider and one of Your primary activities generates monetary gain from the services or products You provide. The Software or Software Derivatives is used by You either as a component of a larger body of software; or within a device or piece of equipment; or within a training course provided for a fee or gratis; or to support, engineer or produce a product or service.

As a result of Your use of the Software or Software Derivatives Your reputation or brand recognition may improve, or Your productivity or profitability may increase.

While Your use of the Software or Software Derivatives does not result directly or immediately in monetary gain, Your usage is intended or directed towards commercial advantage and as such You require a Commercial License.

4.  Example 4 - Initial Non-Commercial becoming Commercial

You are an entity that is either: (1) evaluating the Software or its Software Derivatives; or (2) building a prototype device which incorporates Software Derivatives; or (3) performing research which includes use of the Software or its Software Derivatives.

At this point Your use of the Software and its Software Derivatives is Non-Commercial and governed by the terms of the eCosPro Non-Commercial Public License.

However, should later either:

  • the Software or its Software Derivatives be deployed within a product; or
  • the Software or its Software Derivatives be incorporated within an industrial, manufacturing or production process; or
  • the results of the research result in either: a patent; or intellectual property; or licensable rights, knowledge or technology;

through which either monetary gain or commercial advantage is acquired, You will require a Commercial License.