v2.0, June 2004
Target Software: software that is intended to execute on real, simulated, or emulated embedded hardware.
Host Software: software that is used in the development and production of Target Software and which executes on a host computer.
2. Grant of License
In accordance with this License, the Licensor hereby grants the Licensee a non-transferable, non-exclusive license to use the software distributed under the eCosPro License. Furthermore, the Licensee is permitted unlimited distribution in object and/or binary forms only of the original Target Software or derivatives thereof. Redistribution of Host Software in any form and Target Software in source code form is strictly prohibited.
3. Terms and Conditions
The Software components that are licensed for use under the eCosPro License are subject to the following terms and conditions:
3.1 Definition of Use: The Licensee is granted a non-transferable, non-exclusive right to use the Software in the development and production of Target Software. The Licensee may study and modify the source code of the Software where provided. Furthermore, the Licensee may compile and assemble the Target Software, or modified versions thereof, into object or binary form and distribute any number of units of the Target Software in this form.
3.2 Protection and Security: Except in relation to object or binary forms of the Target Software, the Licensee agrees to take reasonable measures to protect all proprietary information and copyrights of Licensor in regards to the Software, to ensure that no unauthorised person has access to the Software and that there is no unauthorised copying or distribution of the Software. Furthermore, the Licensee is strictly prohibited from disclosing the source software, utilities, installation programs, associated documentation, or other proprietary information to any other parties, regardless of whether or not these were modified by the Licensee.
3.3 Transfers: The Licensee may not sublicense, lease, rent, lend nor distribute the Software or any lawful copies thereof or otherwise transfer any of their rights under this Agreement to any other party without the prior written consent of the Licensor, such consent not to be unreasonably withheld.
3.4 Term: This license is effective until terminated.
3.5 Termination: This license will terminate under the following conditions:
a) Licensee files a bankruptcy petition or enters into an agreement to assign its assets for the benefit of creditors; or
b) Licensee violates its obligations as defined by this Agreement and the failure has not been corrected within 30 days after notification by Licensor; or
c) Licensee does not pay the full invoiced amount within 30 days past the net payment terms specified in the Licensee's purchase order to Licensor;
If termination of this license occurs, Licensee must cease all use of the Software and immediately return or destroy all software source code, utilities, and associated documentation. Upon termination, there will be no refund of any monies paid by Licensee. Furthermore, Licensee must certify in writing to Licensor that Licensee no longer possesses or is using any of the Licensor's software or documentation to develop new Target Software. This termination clause does not require the return of binaries or object code shipped by Licensee prior to license termination.
4. No Warranty
This software is provided by the Licensor as is and any express or implied warranties, including, but not limited to, the implied warranties of merchantability, fitness for a particular purpose and non-infringement of intellectual property rights are disclaimed. The Licensor does not warrant that the Software will meet the Licensee's requirements or that operation of the Software will be uninterrupted or that the Software will be error-free.
5. Disclaimer of Damages
Some states and countries, including member countries of the European economic area, do not allow the limitation or exclusion of liability for incidental or consequential damages so the below limitation or exclusion may not apply to the Licensee.
To the maximum extent permitted by applicable law and regardless of whether any remedy set forth herein fails of its essential purpose, in no event will the Licensor be liable to the Licensee for any special, consequential, indirect or similar damages, including any lost profits or lost data arising out of the use or inability to use the software even if the Licensor has been advised of the possibility of such damages.
This License is governed by English law. Both the Licensor and the Licensee submit to the exclusive jurisdiction of the English courts in relation to any dispute concerning this agreement 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.