QNX MOMENTICS END USER LICENSE AGREEMENT
IMPORTANT NOTICE
The software and related documentation that you are about to access
("Software", as further defined below) is offered to you (either an
individual or a legal entity) by QNX Software Systems International
Corporation ("QSS") of 175 Terence Matthews Crescent, Kanata,
Ontario, Canada K2M 1W8 (voice: +1.613.591.0931, fax:
+1.613.591.3579) for use only in accordance with the terms of the
QNX(R) Momentics(R) End User License Agreement below. Some
Software components have supplementary or alternative end user
license terms, as noted below.
BY ANSWERING "I ACCEPT" DURING
THE DOWNLOAD AND/OR INSTALLATION
OF THE SOFTWARE, OR OTHERWISE
ATTEMPTING TO DOWNLOAD, COPY,
INSTALL OR USE ANY PART OF THE
SOFTWARE, YOU ARE REPRESENTING
THAT YOU HAVE READ, UNDERSTOOD
AND AGREE TO BE BOUND BY THESE
TERMS. NOTHING ELSE GRANTS YOU
PERMISSION TO COPY, USE OR MODIFY
THE SOFTWARE OR ITS DERIVATIVE
WORKS. THESE ACTIONS ARE PROHIBITED
BY LAW IF YOU DO NOT ACCEPT THESE
TERMS, UNLESS YOU HAVE AN
ALTERNATIVE SIGNED AGREEMENT
WITH QSS. DO NOT PROCEED UNLESS
YOU ARE ABLE AND WILLING TO ENTER
INTO THESE AGREEMENTS AND COMPLY
WITH THESE TERMS. IF YOU HAVE ANY
QUESTIONS CONTACT QSS BEFORE YOU
ATTEMPT TO COPY, INSTALL OR USE ANY
PART OF THE SOFTWARE.
THE SOFTWARE MAY INCLUDE PRODUCT
ACTIVATION AND OTHER TECHNOLOGY
DESIGNED TO PREVENT UNAUTHORIZED
COPYING. THE ACTIVATION TECHNOLOGY
MAY PREVENT YOUR USE OF THE SOFTWARE
IF YOU DO NOT FOLLOW THE ACTIVATION
PROCESS DESCRIBED IN THE SOFTWARE
AND DOCUMENTATION. Visit http://www.qnx.com for
information about product activation.
QNX Momentics End User License Agreement
This QNX Momentics End User License Agreement (comprising Part
A - Background, Part B - Standard Terms & Conditions, and Part C -
Supplementary / Alternative Third Party Software Terms, collectively
"this Agreement") is a legal agreement between you and QSS, and is
made effective as of the date of your acceptance of this Agreement,
as defined above. The parties agree as follows.
Part A - Background.
A1 QSS has developed and licenses a general purpose modular
real-time operating system known as the QNX Neutrino(R) RTOS
("Neutrino RTOS"). Its microkernel architecture provides an
extensible operating system framework, which is based on the
foundational components of the Platform Core technology. Additional
operating system services are implemented by plugging in modules
from other elements of the Neutrino RTOS (e.g., File Systems, GUI,
Extended Networking, SMP, Browsers, etc.).
QSS also offers related software development tools ("QNX Momentics
Development Tools") for developers to use to create Neutrino RTOS-
based devices ("Target Systems", as further defined below). The QNX
Momentics Development Tools include compilers, debuggers, libraries,
headers, utilities, sample source code, etc., in either a command line
(Standard Edition) or integrated development environment
(Professional Edition) form. Developers may add to their suite by
selecting the desired "Technology Development Kits" (sometimes
referred to as "TDKs") and/or source components ("Source Kits"). The
optional TDKs and Source Kits provide a greater range of technology
options and customization capabilities. See the QNX Momentics
Development Suite License Guide at
http://www.qnx.com/legal/licensing/dev_license/eula/qdslg1_05d.html
("License Guide") for a more detailed description of what's included
in each offering. You can also contact QSS for a hardcopy.
In order to do any development you require the "QNX Momentics
Development Suite" which includes certain base QNX Momentics
Development Tools and Neutrino RTOS runtime components; the
QNX Momentics Development Suite is offered in Professional and
Standard Editions.
Embedded system developers typically build Target Systems using
the QNX Momentics Development Tools by:
(a) developing the requisite code to make the Neutrino RTOS
operational on their target hardware (i.e., a board support package
comprising IPL, start-up and drivers - various parts of which may be
available from QSS in binary form for supported processors and
peripherals or which may otherwise be developed from scratch or
derived from QSS-supplied sample source code); and
(b) integrating Neutrino RTOS programs, libraries and utilities with
files they generate using the QNX Momentics Development Tools
in order to define the operating system's operational constraints, to
tailor its functionality and, if equipped with a GUI, to tailor its
appearance, in order to satisfy the requirements of the intended
device.
Over the course of a Target System's life-cycle, developers typically
change hardware platforms (requiring a repetition of step (a) above)
and/or upgrade software stacks (e.g., to adopt new versions of the
Neutrino RTOS, third party software and/or custom components) in
order to enhance the device's performance and functionality, or to
reduce its cost.
A2 This Agreement is intended to provide you with license
rights to the QNX Momentics Development Suite, and to TDK and
Source Kit products that you have ordered, to support your Target
System development, testing, support, maintenance and enhancement
efforts. The QNX Momentics Development Suite products are
generally licensed on a Development Seat basis (see below). TDKs
and Source Kits are licensed on a Single Project, Platform or Field
of Use basis (also explained below). Subscription licenses and
Floating Development Seats may also be available, although some
restrictions may apply. Certain Neutrino RTOS components come
bundled with the QNX Momentics Development Suite, but must be
separately licensed for redistribution. See the QNX Momentics
License Guide for a more detailed licensing description.
Runtime components in the TDKs, as well as derivative works created
using Source Kits, are generally re-distributable on a royalty-free
basis (some exceptions apply - e.g., products with 3rd party royalty-
bearing components and Source Kits containing source code for royalty
bearing Neutrino RTOS components), provided they are for use in
association with a Neutrino RTOS for which all applicable runtime
royalties have been paid. Some features and/or components are only
available in certain products, for certain target processors, or in
optional packages. See the License Guide or contact your authorized
QNX sales representative for more information and details on runtime
distribution licensing.
Please note that this Agreement does not offer any support or custom
engineering services (see http://www.qnx.com/services/index.html for
an explanation of QSS's Standard and Priority Support Plan
offerings). Contact your authorized QNX sales representative for
more information about QSS support plans, or to inquire about your
custom engineering service options.
A3 You may require one or more license keys or passwords from
QSS to install and use the Software ("License Keys"). License Keys
for evaluation and subscription licenses may be time limited. All
License Keys are to be treated as Confidential Information of QSS in
accordance with the provisions of Section B4 [Confidential
Information].
Part B - Standard Terms & Conditions
B1 General Definitions. In this Agreement:
(a) "Commercially Released" means formally released, generally
available and fully supported by QSS. It does not include
"experimental", "engineering", "beta", "trial" or "unsupported"
components;
(b) "Contractor" means an independent contractor performing services
for your development project that are substantially similar to those
performed by you or your employees;
(c) "Derivative Work" means any work made by you, or for you by a
Contractor pursuant to this Agreement, that is a revision,
modification, translation, expansion, extension, collection,
condensation or abridgement of any Software provided by QSS in
Source Code form;
(d) "Development Seat" means a Workstation used by one developer to
perform Neutrino RTOS-based development using the QNX
Momentics Development Suite Tools. It does not include any
computers used by multiple developers to share the Software (e.g.,
using QNX Phindows or otherwise), even if their use is only part-time
and/or is not concurrent;
(e) "Documentation" means any developer documentation, reference
specifications (e.g., POSIX), read-me files, release notes and
License Guides that are provided by QSS in or for the Commercially
Released Software;
(f) "Error" means when the Commercially Released Software does not
behave the way the associated Documentation says it should and the
problem can be reproduced on a Reference Target. It does not include
problems resulting from modifications to, or incorrect or improper
use of, the Software;
(g) "Field of Use" means multiple Single Project and/or Platform
teams within the same company developing products for the same
market segment (i.e., one of the Automotive, Networking, Medical,
Military or Other Embedded markets);
(h) "Floating Development Seat" means the Workstations of up to two
developers sharing (consecutively not concurrently) a single License
Key in order to use the Momentics Development Suite Tools to
perform Neutrino RTOS-based development;
(i) "Intellectual Property" means all patent rights, copyrights and
rights relating to the protection of confidential information arising
under statutory or common law, whether or not perfected;
(j) "License Certificate" means an original QSS issued and serialized
document (in the form of a sticker, printed certificate, electronic
authentication or otherwise) which authenticates software licensed
under this Agreement. It typically: includes a License Key; specifies
the nature of the license (i.e. Project Software, Licensed Seat,
evaluation, etc.); and provides other details contemplated by this
Agreement.
(k) "Non-Commercial Purposes" means:
(1) to evaluate the Software and to do exploratory development
and preliminary "proof of concept" prototyping of Target
Systems, Neutrino RTOS software applications and
Neutrino RTOS device drivers, whether at home for
personal use or at work as a prototyping tool. However, it
does not extend to serious development of a commercial
version of such items (e.g., "production intent"). If you
want to continue using the Software for such development,
then you will need to purchase a commercial license;
(2) to use the Software to develop new and to port your existing
software applications and device drivers to the Neutrino
RTOS, provided that such software applications and device
drivers are solely for your own Personal Use (see below), or
provided that you make them available for free use and
distribution by other QNX Momentics Development Suite
users under terms equivalent to the QNX Open Community
License ("OCL", as published at
http://www.qnx.com/legal/licensing/other/index.html). A
commercial license is required for porting your software
applications for commercial distribution. Contact your
authorized QSS sales representative for more details about
QNX Momentics PE for Alliances ("Alliance licenses"); and
(3) to use Runtime Components as an end-user, provided that it
is only for the personal use of an individual and not for the
purpose of generating revenue or in-kind consideration, and
provided that it is not for the productive use of the Neutrino
RTOS in the operation of a business or enterprise ("Personal
Use");
(l) "Object Code" means computer-programming code substantially in
binary form, and includes header files of the type necessary for use
or interoperation with other computer programs. It is directly
executable by a computer or may require processing or linking (but
not compilation or assembly);
(m) "OEM License Agreement" means a license agreement authorizing
your distribution of the royalty bearing components of the Neutrino
RTOS in your Target System;
(n) "Platform" means a team of developers within the same company
who are developing a multi-purpose software platform (including but
not limited to application-specific reference platforms) for other
developers to use as the foundation for creating their own end user
device (or a family of end user devices that share either a common
hardware and software platform, or a common brand);
(o) "Project Software" means any Software identified on a License
Certificate as being licensed on a Single Project, Platform or Field
of Use basis and typically includes Technology Development Kit and
Source Kit Software. For the purposes of B2(b) [Runtime
Redistribution Rights], it does not include any Software components
that normally get shipped in binary form as standard content of or
bundled with the QNX Momentics Development Suite but which may
be provided as part of a Project Software product: (1) in Source Code
form, (2) in an enhanced form, or (3) merely as a packaging
convenience. In the case of enhanced components, the Project
Software includes the enhancements but not any part of the underlying
QNX Momentics Development Suite components or Neutrino RTOS
Software components that normally get shipped in binary form with the
QNX Momentics Development Suite;
(p) "Reference Target" means in respect of a particular Software
version:
(1) for x86 based CPUs, those platforms listed at
http://licensing.qnx.com/published/eula/x86rp1_00.html;
and
(2) for non-x86 based CPUs, a hardware platform for which
QSS has a Commercially Released board support package
as detailed in the License Guide for the QNX development
software used to create the Runtime Configuration.
(q) "Runtime Components" means any Software components that are
intended to be integrated into, and distributed as an integral part of,
Target Systems - as described in applicable Documentation (including
the "QNX Neutrino Realtime Operating System Runtime
Technologies" section of the License Guide). It includes Derivative
Works of Runtime Components provided by QSS in Source Code form.
It does not include "experimental", "engineering", "beta" or "trial"
components;
(r) "Single Project" means a team of developers within the same
company who are developing a single end user device (including
different models of that product that share a common hardware and
software platform);
(s) "Site" means a building (or a campus comprised of buildings that
exist within the same postal or zip code) where the QNX-based
development is performed. It also includes remote locations used
from time to time by developers who are normally based at the Site;
(t) "Software" means the Object Code and Source Code included in the
QNX Momentics Development Suite, Technology Development Kit
and Source Kit products for which you received a valid License
Certificate and that you license pursuant to this Agreement. It
includes: (1) associated Documentation, (2) corresponding Software
updates or supplemental releases that you are entitled to receive and
use at no additional charge under one of QSS's support plans, and (3)
any Solutions that are provided to you pursuant to a QNX Priority
Support Plan subscription or Section B6 [Limited Warranty]. The
contents and characteristics of each QNX Momentics Development
Suite, TDK and Source Kit product are further described in the
License Guide;
(i) "Type I Software" means any Commercially Released
Software other than Type II or Type III Software. It
typically includes QSS proprietary code and may include
some third party proprietary code and/or open source code
elements;
(ii) "Type II Software" means any Commercially Released
Software identified as "Type II" in the License Guide. Type
II Software may be licensed to you under alternative, or
sublicensed to you under amended, end user license terms -
as identified or referenced in Part C. It may include third
party proprietary and/or open source code elements;
(iii) "Type III Software" means any Commercially Released
Software identified as "Type III" in the License Guide and
all Software that is not Commercially Released. Type III
Software is licensed or sublicensed to you strictly on an "as
is" basis, and may be licensed to you under alternative, or
sublicensed to you under amended, end user license terms -
as identified or referenced in Part C. It may include third
party proprietary and/or open source code elements;
(u) "Solution" means an explanation, workaround or patch that
addresses an Error;
(v) "Source Code" means computer-programming code that is human
readable when printed out or displayed;
(w) "Target System" means any product into which the microkernel
portion of the Neutrino RTOS and any other elements of the Runtime
Components have been wholly or partially integrated, and which: (1)
significantly enhances the function and value of the Runtime
Components, and (2) has a substantially different principal purpose
than that of the Runtime Components, or any other runtime
components offered by QSS as part of its other products;
(x) "Workstation" means a developer's workstation, lap-top and/or
home computer used to perform Neutrino RTOS-based development,
provided the Software is only used on one computer at a time;
(y) Other capitalized terms defined in any part of this Agreement
will have their indicated meaning throughout this Agreement.
Contact licensing@qnx.com if any hypertext links are inoperable or
fail to link you to the referenced content.
B2 License Rights.
(a) Software Development License. Subject to the terms of this
Agreement (including without limitation those specific to third party
software - see section B2(f) [Third Party Software] below - and any
patent license exceptions noted in the License Guide) and payment of
all applicable license fees (including but not limited to renewal
fees for any subscription-based licenses), QSS hereby grants to
you for each applicable license purchased from QSS (or from one of
its authorized distributors) for Software to be used pursuant this
Agreement, a non-exclusive, personal, non-sublicensable and non-
transferable license to:
(1) copy the Software, other than Project Software, as required
to install it on and to follow normal back-up and archiving
practices for:(i) one developer's Workstation for each
Development Seat license, and (ii) up to two (2) developers'
Workstations at a single Site for each Floating Development
Seat license (which includes copying associated License
Key(s) and any key administration software as required to
install it on a license server);
(2) copy the licensed Project Software as required to install it
on and to follow normal back-up and archiving practices for
all Workstations in (1) above ("Authorized Workstations")
within the licensed Single Project, Platform or Field of Use;
(3) use, execute, display and perform the Software on
Authorized Workstations in accordance with associated
Documentation, for the purpose of developing, testing and
maintaining Target Systems;
(4) create Derivative Works of Software Source Code and,
subject to the provisions of Section B4 [Confidential
Information], copy, compile, link, use, execute, display and
perform such Derivative Works on Authorized Workstations
in accordance with associated Documentation, for the
purpose of developing, testing and maintaining Target
Systems; and
(5) copy, link, use, execute, display and perform the Runtime
Components, and the Object Code of any Derivative Works
created pursuant to (4) above, as required to install and use
them: (i) on a reasonable number of Target Systems solely
for internal Target System development and testing
purposes; and (ii) on one Target System for demonstration,
promotion, evaluation or training purposes, provided that
such copy is not left with third parties.
(b) Runtime Redistribution License. Subject to the terms of this
Agreement (including without limitation those specific to third party
software - see section B2(f) [Third Party Software] below - and any
patent license exceptions noted in the License Guide) and payment of
all applicable license fees (including but not limited to renewal
fees for any subscription-based licenses and runtime royalties for
separate royalty-bearing third party Runtime Components noted in the
License Guide), QSS hereby agrees to grant to you in your OEM
License Agreement for each applicable license purchased from QSS
(or from one of its authorized distributors) for Project Software to
be used pursuant this Agreement, a non-exclusive, personal and non-
transferable license to:
(1) reproduce Object Code copies of the Runtime Components
of the Project Software under the terms of your OEM
License Agreement as necessary to: (i) manufacture Target
Systems, and (ii) produce Target System software updates
and back-up media;
(2) reproduce, abridge, condense and translate portions of QSS-
authored parts of the Project Software Documentation under
the terms of your OEM License Agreement, but only as
necessary to create, distribute and update Target System
user documentation;
(3) sub-license Object Code copies of the Runtime Components
of the Project Software made pursuant to section B2(b)(1)
above to end users solely for use as integral parts of validly
licensed Target Systems under the same end user license
agreement terms that apply to your sublicensing of other
components of the Neutrino RTOS under your OEM
License Agreement; and
(4) distribute Object Code copies of the Runtime Components
of the Project Software and Project Software Documentation
made pursuant to sections B2(b)(1) and (2) above to end-
users solely for use as integral parts of validly licensed
Target Systems and under the same distribution terms that
apply to your distribution of other components of the
Neutrino RTOS under your OEM License Agreement.
Except as noted above, such reproduction and distribution of Project
Software shall be royalty-free provided that you have paid to QSS a
Single Project, Platform or Field of Use license fee for the Project
Software, and the corresponding License Certificate indicates that
you have unlimited reproduction and distribution rights for the
Project Software Runtime Components. Some Single Project Licenses
may be available at reduced cost due to limits on the associated
Runtime Component reproduction and distribution rights. These will
be specified in your License Certificate. Project Software licenses
specified to be for evaluation, trial or non-commercial uses do not
qualify for these Runtime Component redistribution rights. This
license does not authorize or entitle you to any royalty free
distribution of Runtime Components of the Neutrino RTOS that
normally get shipped in binary form as part of a QNX Momentics
Development Suite. Contact QSS for information about your Neutrino
RTOS OEM licensing options.
(c) Continuing Time Limited Licenses. If you received Software
under an evaluation, subscription or other time-limited license, then
your right to use the Software will end when the term of your license
expires. At that time you may purchase a commercial license or renew
your subscription. Alternatively, you may continue using the
unlocked portions of the QNX Momentics Development Suite
(including those components of the Neutrino RTOS normally provided
in binary form with the QNX Momentics Development Suite) under the
terms of this Agreement, provided that such use is limited solely to:
(1) use for Non-Commercial Purposes; and (2) use in a self-hosted
(i.e., Neutrino RTOS hosted) development environment targeting x86
processors as well as iPAQ reference designs. Project Software is
not eligible for use under this non-commercial license.
(d) Evaluation and Other License Limitations. Your license for any
Software provided on: (i) an evaluation or trial basis is limited to
use for Non-Commercial Purposes; and/or (ii) a demonstration basis
is limited to loading and running the Software so you can marvel at
how cool it is (you have no development rights).
(e) Deployment & Reassignment of Product Licenses.
(1) QNX Momentics Development Suite licenses are not Single
Project, Platform or Field of Use specific. You may deploy
any commercial Development Seat or Floating
Development Seat license to your developers (including
to a developer employed by your Contractor). You may
re-assign any such license from one developer to another
(including to a developer employed by your Contractor)
when a licensed developer is indefinitely re-assigned
to other duties or is otherwise re-deployed (e.g., when their
project ends), provided that you always remain responsible
to QSS for the full performance of any obligations, and
compliance with any restrictions, required by this
Agreement. Alternatively, you may assign this Agreement
pursuant to the provisions of Section B9(b) [Assignment].
However, you may not share Development Seats (or extend
the sharing of Floating Development Seats beyond the
permitted ratio) by passing or notionally re-assigning
Software licenses back and forth amongst a group of
developers.
(2) Project Software licenses are specific to the licensed
Single Project, Platform or Field of Use and may not be
transferred or re-assigned in any manner.
(3) QSS may require from time to time that you provide
within thirty (30) days of notice a written report: (i)
indicating the office location where Development Seat(s)
were initially deployed, (ii) indicating the office location
where Floating Development Seats are currently being
used, along with the names of the developers using them,
(iii) indicating the Single Projects, Platforms or Fields of
Use currently using Project Software.; and/or (iv)
confirming that Software has been destroyed in
accordance with section B8(d) upon the expiration or
termination of your associated license rights. You
(or an authorized officer if you are a legal entity) will
sign the reports to confirm their accuracy. QSS reserves
the right to audit from time to time, upon fifteen (15)
days prior written notice, your compliance with the
Development Seat, Floating Development Seat and Project
Software restrictions of this Agreement.
(f) Third Party Software. Parts of the Software may contain third
party code. Such Software is sublicensed to you when permitted under
the standard terms of this Agreement or may be licensed to you under
amended or alternative terms. Those terms, and any Software
authorship attribution and like notices that QSS is obliged to
provide to you, are referenced in Part C or in the License Guide and
are set out in the corresponding Third Party License Terms Guide
("TPLTG") published at
http://www.qnx.com/legal/licensing/dev_license/eula/tpltg1_05d.html.
Unless expressly provided otherwise, all third party code is provided
to you solely for use in association with the Neutrino RTOS and, in
the case of hardware-specific components, only for use in association
with hardware from that manufacturer (e.g., any third party code in
Epson printer drivers is restricted to use in association with Epson
printers only).
(g) Reservations. All rights in the Software not expressly granted
are reserved to QSS and its licensors. All Software is licensed on a
Development-Seat or Floating-Development-Seat basis, except for
Project Software. Project Software may be used on any Authorized
Workstations within the licensed Single Project, Platform or Field of
Use, but only to the extent and for so long as the Authorized
Workstation is assigned thereto. Except as expressly provided
herein, this Agreement does not authorize the sub-licensing, transfer
or distribution of any part of the Software to any third party.
(h) Use Restrictions. Unless expressly permitted by this Agreement,
by applicable law, or by QSS in writing, you agree not to:
(1) alter, remove, or cover any trademark, logo, proprietary
or licensing notices, labels or marks in or on any part of
the Software, including in any "about" box, "flash" /
"splash" screen or Documentation. You agree to use
reasonable efforts to ensure that all copies of the
Software bear any notices, labels or marks contained
in or on the original;
(2) use unauthorized License Keys;
(3) decompile, disassemble, decrypt, extract, unbundle,
translate or otherwise attempt or assist others to reverse
engineer any part of the Software, including
circumventing any License Key activation or evaluation
period expiry mechanisms, except as necessary, when
permitted by an applicable law, to correct defects or
achieve inter-operability with complementary programs,
for your purposes only, but only if QSS has refused to
provide the necessary information or assistance; or
(4) directly or indirectly export, import or transmit the
Software to any country in contravention of the laws of
that country or the laws of Canada or the United States.
Without restricting the foregoing, the Software contains
encryption capabilities and certain governments may
regulate the export or import of the Software.
Unless QSS has provided you with express written consent, the
Software may not be used in any application in which death, personal
injury, or severe physical or property damage is a foreseeable
consequence of a Software failure (collectively, "High-Risk
Applications"), including but not limited to the operation of nuclear
facilities, mass transit systems, aircraft navigation or aircraft
communication systems, air traffic control, weapon systems, and
direct life support machines. QSS expressly disclaims any express or
implied warranty or condition of fitness for High-Risk Applications.
(i) Trust, but verify. QSS strives to provide you with flexibility
in use of its products. This includes allowing multiple installations
of Development Seats for the same developer (see definition of
"Workstation"), sharing of TDKs and other Project software across
multiple developers (see B2(a)(2)), re-assignment of Development
Seats between developers (see B2(e)(i)) or even transferring
Development Seats to third parties (see B9(b)). This requires a large
amount of trust on the part of QSS. As an actor turned President once
opined, "Trust, but verify". Activities by a small few licensees
require that QSS verify the activities of all licensees. As such, you
hereby acknowledge and agree to the following:
(1) Most Software requires activation. The commercial
license rights granted under this Agreement are limited
to the first thirty (30) days after you first install the
Software unless you supply information required to
activate your licensed copy in the manner described
during the setup sequence of the Software. You can
activate the Software over the internet or by telephone.
(2) In order to install and/or activate the Software certain
machine-specific information is sent ("Machine
Information") to QSS at the time of activation and/or
periodically thereafter. This Machine Information may
include but is not limited to software identification
number, MAC address, UUID, IP address, identification
numbers set by manufacturers of your hardware and/or
identification numbers related to your host operating
system. QSS does not collect any personally identifiable
information during activation. QSS may collect Machine
Information at any time and may use Machine Information
for the purposes of verifying compliance with the terms of
this Agreement and any other agreements between you and
QSS relating to software provided by QSS.
(3) QSS may audit your use and deployment of the Software
for compliance with the terms of this Agreement.
(4) QSS may require that you provide QSS with a written
report to verify your compliance with the terms of this
license. Such a report could include, but would not be
limited to:
(i) for Development Seats the serial number of each
Software product you have licensed, the MAC
address or other unique identifier of each computer
on which each Development Seat is installed and
confirmation that each developer has the Software
installed only on a Workstation (i.e. a maximum of
three personal machines);
(ii) For Project Software, details on the project(s) that are
using the Software such that it can be determined
whether you are adhering to the applicable Single
Project, Platform or Field of Use provisions. The
report will be signed by anindividual authorized to
bind you confirming the accuracy of the Report.
(5) Audits will not occur and reports will not be requested more
than once each year unless discrepancies are discovered or
QSS presents reasonable independent evidence that you are
not complying. Reasonable evidence would include that
based on Machine Information collected. In the event that
an audit or report reveals use of the Software by you outside
the terms of this Agreement, you will reimburse QSS for all
reasonable expenses related to such audit or report in
addition to any other liabilities you may incur as a result of
such non-compliance.
(j) Preservation of Rights.
(1) Except as expressly authorized by QSS, you may not:
(i) create Derivative Works of Software licensed under
this Agreement in any manner that would cause the
Software, in whole or in part, to become subject to any
of the terms of Protective License (as defined below); or
(ii) distribute the Software (or Derivative Works) licensed
under this Agreement in any manner that would cause
any Software component to become subject to the
terms of a Protective License. A "Protective License" is
any license that requires, as a condition of use,
modification and/or distribution of software subject to the
Protective License, that such software (including derivative
works thereof) or other software combined and/or
distributed with such software be: (A) disclosed or
distributed in source code form; (B) licensed for the
purpose of making derivative works; or (C) re-distributable
at no charge.
(2) If you are a U.S. government or quasi-government entity,
then you should be aware that the Software is a
"commercial item", as that term is defined in 48 C.F.R.
2.101 (Oct. 1995), consisting of "commercial computer
software" and "commercial computer software
documentation", as such terms are used in 48 C.F.R.
12.1212 (Sept. 1995). Consistent with 48 C.F.R. 12.1212
and 48 C.F.R. 227.7202-1 through 227.7202-4 (June 1995),
all such customers acquire the Software with only those
rights set forth herein. Use, duplication, or disclosure by
the U.S. government is subject to restrictions as provided
in DFARS 227.7202-1(a) and 227.7202-3(a) (1995),
DFARS 252.227-7013 (c)(1)(ii) (OCT 1988), FAR
12.212(a)(1995), FAR 52.227-19, or FAR 52.227-14
(ALT III), as applicable. QNX Software Systems
International Corporation.
B3 Ownership.
(a) Software. QSS and its suppliers retain all right, title and
interest in and to the Software, including all Intellectual Property
therein. All copies will be considered Software for the purpose of
this Agreement and shall remain the property of QSS and its
suppliers. Subject to any underlying rights in the Software, and
subject to any Feedback provided under subsection (b) below, you
retain all right, title and interest in and to any Derivative Works
and application software that you develop pursuant to this
Agreement.
(b) Feedback. At your option, QSS would like to get suggestions,
comments or other feedback about its products (i.e., regarding their
utility, reliability, performance and your user experience, as well as
any bug-fixes, features, functionality or enhancements you would like
to see in future versions; collectively "Feedback"). You agree that
all Feedback is and shall be given entirely voluntarily and, even if
designated as confidential, will not create any confidentiality
obligations for QSS. You agree not to provide any Feedback that is
subject to any third party Intellectual Property rights. If you
desire to license any of your Intellectual Property to QSS you will
not provide the Intellectual Property rights to QSS as Feedback, but
rather, we will discuss the necessity of entering into a separate
agreement. In the absence of such an agreement, and in order to
incorporate Feedback that you provide, QSS requires, and you hereby
agree, to assign and waive all right, title and interest (if any) in
and to any QSS-specific Improvements (as defined below), including
any associated Intellectual Property and moral rights, to and on
behalf of QSS. In this paragraph "QSS-specific Improvements"
means any work-arounds, bug-fixes, features, functionality,
enhancements or other suggested improvements to the Software or
other QNX products that you provide to QSS.
B4 Confidential Information.
(a) Definition. "Confidential Information" means any information
disclosed by one party ("Discloser") to another party ("Recipient")
for the purpose of performing or exercising rights under this
Agreement ("Purpose"): (1) in Software Source Code, (2) in a
document clearly marked "Confidential" (or equivalent), or (3)
otherwise in any manner or form, provided it is clearly identified at
disclosure as confidential and, within thirty (30) days of
disclosure, is summarized and delivered to Recipient in a document
marked "Confidential" (or equivalent). Confidential Information
does not include any information which is:
(i) available to the public other than by reason of
Recipient's breach of this Agreement;
(ii) rightfully received by Recipient from a third party
without disclosure or use restrictions;
(iii) independently developed by or on behalf of Recipient;
(iv) previously known to Recipient other than by reason of a
prior confidential disclosure from or on behalf of
Discloser;
(v) hereinafter disclosed by Discloser to a third party
without disclosure restrictions; or
(vi) compelled to be disclosed in a public manner pursuant
to legal, judicial or administrative proceedings or
otherwise as required by law, subject to Recipient
giving all reasonable prior notice to Discloser to
allow it to seek protective or other court orders.
(b) Use and Disclosure Restrictions. Recipient shall only:
(1) use Discloser's Confidential Information as necessary to
achieve the Purpose for which it was disclosed, and
(2) disclose Discloser's Confidential Information to persons
who have a need to know to achieve the Purpose for
which it was disclosed, and who are employees of
Recipient, or of Recipient's affiliates, or of Recipient's
and Recipient's affiliates' Consultants or professional
advisors, provided that all recipients within such
classes are bound by law or are subject to agreements
that provide obligations at least as protective of the
Confidential Information as the provisions of this
Section B4.
Recipient shall protect the Confidential Information of Discloser by
using the same degree of care, but no less than reasonable care, to
prevent the unauthorized dissemination or publication and
unauthorized use of the Confidential Information as Recipient
uses to protect its own confidential information of like nature.
Recipient shall only make copies of the Confidential Information as
necessary to achieve the Purpose for which it was disclosed.
Recipient shall reproduce Discloser's proprietary rights notices on
all copies in the same manner in which such notices were set forth
in or on the original. The mingling of Confidential Information with
information that falls within one or more of the exceptions in this
Section B4 shall not impair the status of, or the obligations of
confidence and non-use respecting, the confidential parts.
(c) Duration of Obligations. Each Recipient's duty to protect
Confidential Information disclosed to it will survive termination
of this Agreement indefinitely in respect of source code, but will
end on the third anniversary of the date of termination of this
Agreement in respect of all other Confidential Information. All
Confidential Information furnished by Discloser to Recipient, and all
copies thereof, which are in the possession or control of Recipient
or its disclosees shall be and remain the property of Discloser and
shall be promptly returned to Discloser or destroyed on termination
of this Agreement. Recipient may retain one copy of Discloser's
Confidential Information in the confidential, restricted access files
of its legal department for use only to prove compliance with
the terms of this Agreement.
B5 IP Indemnity.
(a) QSS will defend you against any Infringement claims, and
indemnify and hold you harmless from any Infringement damages
finally awarded, in any third party action against you based on the
reproduction or use of Type I Software in accordance with the terms of
this Agreement, provided that you give QSS prompt notice of, as well
as all authority, information, and assistance (at QSS's expense)
necessary or desirable to defend, such claims. In this Section B5,
"Infringement" means:
(1) infringement of copyright;
(2) misappropriation of trade secrets by QSS; or
(3) infringement by the Type I Software of any patent,
where such patent infringement: (i) is inevitable when
reproducing or using the infringing Software alone or
in conjunction with equipment that is essential for its use;
and (ii) has not been disclaimed in the applicable License
Guide (see Section B5(c) [Limited Patent License] below).
Infringement does not include any infringement or
misappropriation of any kind caused by the creation,
reproduction, combination, use, distribution or sale of
Derivative Works, or any other modifications of the
Software, made by or for you.
(b) Remedy. With respect to any finding of Infringement, or any
reasonable belief of QSS that Infringement may occur, QSS will, at
its sole expense and option: (1) procure for you the right to
continue using the infringing Software; (2) replace the infringing
Software with non-infringing software of comparable function; (3)
modify the infringing Software to be non-infringing; or (4) if none
of the foregoing alternatives is reasonably available to QSS,
terminate your right to the Software, but only to the extent
necessary to avoid the Infringement. You will have the right to
terminate all of your rights if you determine such partial
termination renders your remaining rights ineffective. Upon such
full or partial termination, QSS will refund to you, pro-rata to the
extent of such termination, the license fees paid by you that are
associated with the terminated rights.
(c) Limited Patent License. Certain Software products noted in the
License Guide (including the Advanced Graphics TDK, Multi-Media
Framework TDK, Web Browser Development TDK, Multimedia
Filters & Codes, Input Methods / Internationalization, Image Handling
libraries) provide software for implementing products or systems that
may require additional patent license rights. QSS only licenses to
you the intellectual property interests in such Software that it owns,
patent license rights (if any) that it expressly identifies in the License
Guide for such Software, and any third party copyright interests in
these software products. It is your responsibility to determine if it
requires, and to obtain as necessary, any additional rights, from
patent owners / consortia, before making, using or selling any
infringing product or system that contains or uses such Software.
(d) Exclusive Remedy. This Section B5 states your exclusive remedy
for infringement of Intellectual Property rights by the Software.
B6 Limited Warranty.
(a) Background. As indicated in Part A, the Neutrino RTOS Software
is a general purpose modular realtime operating system. You will
select a subset of its modules for use in a unique hardware and
software environment to achieve certain functionality and
performance. Ultimately, you may find that you cannot achieve your
desired results. While QSS is committed to providing a versatile and
reliable product, it does not warrant that the Software will function
in accordance with corresponding Documentation in every
combination of hardware platform, software environment and Software
configuration. You acknowledge that Software bugs are likely to be
encountered when the Software is used in your particular
application. You therefore accept the responsibility of satisfying
yourself that the Software is suitable for your intended use. This
includes conducting rigorous testing of the Software in combination
with your value-added software application(s) on your target hardware
platform prior to its initial release, as well as prior to the release
of any related software or hardware modifications or enhancements.
QSS offers a Priority Support Plan and custom engineering services
(both subject to separate agreements) to help developers identify and
solve particular Software implementation issues.
(b) Warranty. QSS warrants to you for a period of ninety (90) days
from the date of your acceptance of this Agreement, as indicated
above, that the Commercially Released Software will be Error free.
Your sole remedy, and QSS's sole obligation, for any breach of this
warranty will be, at QSS's option, to either:
(1) provide you with a free Solution for use as an interim fix
until QSS provides you with a free Commercially
Released Software update that corrects the problem; or
(2) terminate this Agreement pursuant to Section B8 [Term
& Termination] and, upon confirmation that you have
complied with Section B8(d) [Implication of Termination],
QSS will provide a refund of any license fees that you
paid to QSS pursuant to this Agreement for your
Development Seat/Floating Development Seat and/or
Project Software license (if any).
QSS also warrants any tangible media on which it delivers the
Software (if any) to be free from defects in material and
workmanship under normal use for a period of ninety (90) days from
the date of QSS's corresponding invoice. QSS is not responsible for
media defects that result from accident or abuse. Your sole remedy
for any breach of this media warranty will be to receive replacement
media.
(c) Warranty Disclaimer. EXCEPT AS
EXPRESSLY PROVIDED HEREIN, THE
SOFTWARE PRODUCTS AND ANY
SERVICES PROVIDED UNDER THIS
AGREEMENT ARE PROVIDED "AS IS"
WITHOUT ANY WARRANTIES OF ANY
KIND, INCLUDING IMPLIED WARRANTIES
AND CONDITIONS OF MERCHANTABILITY,
FITNESS FOR A PARTICULAR PURPOSE
AND NON-INFRINGEMENT. NOTHING
STATED IN THIS AGREEMENT WILL IMPLY
THAT THE OPERATION OF ANY SOFTWARE
WILL BE UNINTERRUPTED OR ERROR FREE
OR THAT ERRORS WILL BE CORRECTED.
OTHER WRITTEN OR ORAL STATEMENTS
BY QSS, ITS REPRESENTATIVES OR
OTHERS DO NOT CONSTITUTE WARRANTIES
OF QSS.
B7 Limitation of Liability.
(a) Limitation. IN NO EVENT WILL QSS OR
ITS AFFILIATES, OR THEIR OFFICERS,
EMPLOYEES, AGENTS, SUPPLIERS,
DISTRIBUTORS, OR LICENSORS,
(COLLECTIVELY, QSS AND ITS
REPRESENTATIVES) BE LIABLE TO
YOU, YOUR CONSULTANTS, OR
ANY OTHER THIRD PARTY FOR
ANY INDIRECT, INCIDENTAL,
SPECIAL OR CONSEQUENTIAL
DAMAGES WHATSOEVER,
INCLUDING BUT NOT LIMITED
TO LOST REVENUE, LOST OR
DAMAGED DATA, OR OTHER
COMMERCIAL OR ECONOMIC
LOSS, ARISING OUT OF OR RELATING
TO ANY BREACH OF THIS AGREEMENT,
ANY USE OR INABILITY TO USE
SOFTWARE PRODUCTS, OR ANY
SERVICES PROVIDED OR INABILITY
TO OBTAIN SERVICES, EVEN IF QSS
HAS BEEN ADVISED OF THE
POSSIBILITY OF SUCH DAMAGE OR
CLAIM.
IN NO EVENT WILL THE AGGREGATE
LIABILITY OF QSS AND ITS
REPRESENTATIVES FOR ANY
DAMAGES ARISING OUT OF OR
RELATING TO THIS AGREEMENT,
WHETHER IN CONTRACT, TORT, OR
OTHERWISE, EXCEED THE TOTAL
FEES YOU HAVE PAID TO QSS FOR
USE OF THE SOFTWARE UNDER THIS
AGREEMENT. THE PROVISIONS OF
SECTIONS B6(c) [WARRANTY DISCLAIMER]
AND THIS SECTION B7 SHALL SURVIVE
AND APPLY NOTWITHSTANDING THE
FAILURE OF ESSENTIAL PURPOSE OF
ANY LIMITED REMEDY.
(b) Third Party Beneficiaries. Certain licensors of QSS, a full
list of which is available upon request, are third-party
beneficiaries to this Agreement to the extent that this Agreement
contains provisions that relate to your use of software in which such
licensors have an interest. These provisions are made expressly for
the benefit of such licensors and are enforceable by them in
addition to QSS. NEITHER QSS NOR
ANY OF ITS REPRESENTATIVES MAKES
OR PASSES ON TO YOU OR OTHER THIRD
PARTIES, ANY WARRANTY OR
REPRESENTATION ON BEHALF
OF QSS'S LICENSORS.
B8 Term & Termination
(a) Term of this Agreement. This term of this Agreement will
commence on the date of your acceptance of this Agreement, as
indicated above, and will continue indefinitely thereafter until it
expires or is terminated in whole or in part under subsections (b)
or (c) below.
(b) Time Limited Licenses. Subject to the provisions of section
B2(c) [Continuing Time Limited Licenses], the term of any
Subscription-based Software license will expire on the
subscription anniversary date, if not renewed. The term of any Single
Project, Platform or Field of Use Software license will expire when
the licensed Single Project, Platform or Field of Use activity
ceases. The term of any other time-limited license (i.e. including
alliance, partner or similar licenses) will end on the expiry date
indicated in the applicable License Certificate. The term of any
Software evaluation or trial Software license will expire on the
earlier of: (1) the end of the applicable evaluation / trial period,
or (2) thirty (30) days after notice from QSS.
(c) Termination. You may terminate this Agreement at any time.
It will be deemed to terminate immediately if you fail to comply with
any material term herein or if you fail to pay within thirty (30)
days of receipt of invoice (or such longer period as may be expressly
permitted by QSS in writing) any license fees invoiced by QSS for
Software licensed pursuant to this Agreement.
(d) Implication of Termination. The provisions of this Agreement
that are expressed or by their sense and context are intended to
survive the termination of this Agreement will survive, including
Section B3 [Ownership], B4 [Confidential Information], B5 [IP
Indemnity], B6 [Limited Warranty], B7 [Limitation of Liability], this
Section B8 and Section B9 [General]. Except as provided in Section
B2(c) [Continuing Time Limited Licenses], when this Agreement
terminates or expires for any Software product(s) your associated
license rights end and you agree to immediately destroy all whole or
partial copies of that Software that are in your possession or control.
Termination is without prejudice to any right or remedy that may have
accrued, or be accruing to either party prior to termination.
B9 General
(a) Entire Agreement. This Agreement, comprising Parts A, B and C,
along with the License Guide and any other terms expressly referenced
by this Agreement (including third party terms referenced in Part C
or in the License Guide), constitutes the entire agreement between
the parties pertaining to its subject matter and supercedes any prior
or contemporaneous agreement, representation, statement, negotiation
or undertaking dealing with the same subject matter. No amendment,
modification or waiver of any part of this Agreement will be binding
unless in a written document that expressly refers to this Agreement
and that is signed by both parties. The divisions and headings in
this Agreement have been included for convenience only and will
not affect its construction or interpretation. Except as otherwise
expressly contemplated in Part A, the terms and conditions of this
Agreement will prevail over any inconsistent or additional terms or
conditions of either party's purchase orders or invoices. The terms
and conditions of this Agreement will prevail over the terms and
conditions of the QNX Source Code Licenses. If you have purchased
a commercial license for a Board Support Package ("BSP") which
contains a license header specifying a copyright notice in favour of
QSS and that the code is licensed under the terms of the Eclipse Public
License ("EPL"), then you have the choice of exercising the rights
provided under the terms of this Agreement or the terms of the EPL.
(b) Assignment. Subject to the export restrictions in Section B2(h)
[Use Restrictions], you may assign this Agreement to a third party
who has provided QSS with prior written acknowledgement of their
acceptance of the terms of this Agreement. In such a case you must
transfer your License Keys to the assignee and destroy all whole or
partial copies of the Software and License Keys that are in your
possession or control. Project Software may only be assigned in
conjunction with a change of ownership, merger, acquisition, sale or
transfer of all or substantially all of your business or assets
relating to the Single Project, Platform or Field of Use, as the
case may be. Notwithstanding the foregoing, except with QSS express
written consent (which may be withheld for any reason) you may not
assignn this Agreement as it relates to Software that is (i) subject
to a time-limited license other than that licensed on a subscription
basis; (ii) provided under an evaluation or demonstration license;
and/or (iii) being used under a license for Non-Commercial Purposes.
Any other attempted assignment or delegation in violation of the
foregoing will be void and of no effect. This Agreement will inure
to the benefit of and be binding upon the parties and their
respective successors and permitted assigns.
(c) Governing Law. This Agreement will be governed by and
construed in accordance with the laws in force in the Province of
Ontario, Canada without regard to the conflicts of laws provisions
thereof. The parties hereby irrevocably waive: (1) the provisions of
the United Nations Convention on Contracts for the International Sale
of Goods, and (2) any right to a trial by jury regarding the
resolution of any dispute between the parties hereto arising out of
or in connection with this Agreement.
(d) Reference Account. The parties each agree to act as a reference
account for each other for activities relating to the Software and your
Target System, provided they are given an opportunity to pre-approve
the intended reference(s), such approval not to be unreasonably
withheld or delayed. Reference activities include, but are not
limited to: press releases announcing design wins, media/analyst
references, sales/investor references, spotlight on activities in
collateral (e.g., case studies, ROI studies, white papers), joint
marketing (e.g., trade show events, web casts, seminars, by-lined
articles, video testimonials, advertising campaigns, speaking
engagements), internal marketing support, and display of each other's
name (and, if applicable, display of each other's logo) in
marketing/sales collateral and advertising.
PART C - Supplementary / Alternative Software Terms.
C1 Supplementary Terms.
(a) Open Source Terms. QSS and its licensors have used various
open source contributions in parts of the Software (e.g., the full
TCP/IP protocol stack and many of the TCP/IP utilities are based on
the TCP/IP protocol stack and utilities from the popular NetBSD (1.6)
distribution). These are referenced in the License Guide and the
corresponding license terms are published at
http://licensing.qnx.com. To the extent it is entitled, QSS
sublicenses these derivative works to you as Type I, Type II or
Type III Software, as indicated in the License Guide. Any terms of
this Agreement that differ from the terms of these open licenses are
offered to you by QSS alone, and not by any other licensor.
(b) Momentics IDE. If the Software that you license includes the
Momentics Integrated Development Environment (IDE), then you are
hereby advised that the Momentics IDE is based in part on software
developed for eclipse.org. Source code for these components is
available from www.eclipse.org, under the Eclipse Public License
("EPL", see http://www.eclipse.org/org/documents/epl-v10.php). As a
requirement of the EPL, QSS hereby:
(1) disclaims on behalf of all Eclipse.org 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;
(2) excludes on behalf of all Contributors all liability for
damages, including direct, indirect, special, incidental
and consequential damages, such as lost profits; and
(3) states that any provisions which differ from the Eclipse
Public License are offered by QSS alone and not by any other party.
(c) WebSphere Studio Device Developer. If the Software that you
install includes the WebSphere Studio Device Developer ("WSDD")
then the Software includes software licensed under International
Business Machines Corporation's own end user license agreement
(International Program License Agreement), as published in the
TPLTG ("WSDD IPLA"). Any applicable terms of this Agreement (if
any) that differ from the terms of the WSDD IPLA are offered to you
by QSS alone.
(d) Mozilla Browser. If the Software that you install includes the
Mozilla browser then the Software includes software licensed under
the Mozilla and Netscape Public Licenses, version 1.1 ("MPL/NPL").
To meet its obligations under the MPL/NPL, QSS provides source code
for all of its modifications to the Mozilla organization for posting
and download at www.mozilla.org for use under the terms of the
MPL/NPL. Any terms of this Agreement that differ from the terms of
the MPL/NPL are offered to you by QSS alone, and not by any other
Initial Developer or Contributor (as defined in the MPL/NPL).
(e) Early Access. In order to give you the earliest possible access
to the latest QNX Momentics Development Suite technology QSS
may provide you with access to "Experimental" or "Beta" Software
components. This Software may not have been fully optimized and
tested. As such it shall be deemed to be Type III Software for the
purpose of this Agreement and you acknowledge that you are not
authorized to use any such Software: (1) in a live operating
environment, (2) with data that has not been sufficiently backed up,
or (3) for benchmark or performance testing. You should expect such
Software to be somewhat unreliable. It is your responsibility to
take adequate precautions to prevent damage to your resources in the
event Beta or Experimental Software fails. QSS intends that all Beta
(but not necessarily Experimental) Software components will be
offered as commercial versions; however, we cannot guarantee if or
when this will happen. You should also be aware that significant
changes may be made to such components before they are
commercially released. Beta and Experimental Software code will be
clearly identified as such during installation, or will be clearly
marked by QSS in corresponding release notes and/or in associated
headers. Contact QSS if you have any questions regarding the release
status of any Software.
(f) Trial Software. QSS may include certain Neutrino RTOS
applications in the Software solely for demonstration and internal
evaluation/trial purposes (e.g., Macromedia Flash 4). Such Software
is identified in the License Guide as "Trial Software" and shall be
deemed to be Type III Software for the purpose of this Agreement.
QSS may require that you obtain distribution and/or support services
for such Trial Software directly from QSS's licensor.
(g) Multiple Copies of Software. Notwithstanding the provisions of
Section B2 [License Rights] you are not authorized to make multiple
copies of the following software programs, in whole or in part,
except as required under Section B2(a)(1):
(1) Truetype Font Renderer software;
(2) Japanese and Chinese language supplement software;
(3) EMANATE and EMANATE/Lite software; and
(4) any Software provided under subsection (f) [Trial Software]
above.
(h) Copyright Notices and Attributions. Some of QSS's licensors
require the reproduction of certain copyright notices and authorship
attributions in QSS documentation. Those that relate to software
referenced in the License Guide, are provided in the Third Party
License Terms Guide along with the related license terms. Those
relating to other Software are as follows:
(1) Dinkum C/C++ or Abridged C++ Library: Copyright (c)
1989-2000 by P.J. Plauger with portions derived from
books copyright 1992- 2000 by P.J. Plauger. All rights
reserved.
(2) SNMP Software (EMANATE / EMANATE/Lite and
related tools). Copying and distribution is by permission
of SNMP Research International, Inc.
C2 Alternative Terms.
(a) GPL & LGPL. Notwithstanding any fees paid by you for a
Software license, no license fees are payable for any components
identified in the License Guide as licensed under the GPL or LGPL and
Source Code for all of this GPL/LGPL software is available for free
download at: ftp://ftp.qnx.com/usr/free. We are not allowed to sub-
license the GNU Libraries to you. Instead, you are deemed to have
your own direct license from the original licensee, as follows. Any
terms of this Agreement that differ from the terms of these licenses
are offered to you by QSS alone.
(1) The GNU development tools and certain other utilities
noted in the License Guide are licensed to you under the
GNU General Public License - Version 2, a copy of which
has been reproduced in the Documentation and has been
published in the corresponding TPLTG (as defined in
section B2(f) [Third Party Software]).
(2) Certain libraries (e.g., GNU C++) noted in the License
Guide are licensed to you under the terms of the GNU
Lesser General Public License - Version 2.1, a copy of
which has been reproduced in the Documentation and has
been published in the corresponding TPLTG (as defined in
section B2(f) [Third Party Software]). To meet its
obligations under the GNU LGPL, QSS only dynamically
links to such libraries.
You are prohibited from statically linking any part of the Software
to any code licensed under the LGPL or otherwise using any GPL or
LGPL licensed code with other parts of the Software in a manner that
would require redistribution of such Software under either of those
licenses.
(b) Unsupported Software. As a convenience to developers, QSS
offers access to certain software (e.g., mail editors, email clients,
utilities, games, etc.) that has been ported to the Neutrino RTOS.
This software is provided on a CD ROM labeled "Unsupported", is
made available for download or may be provided within a
Commercially Released Software product. In the latter two cases the
software will either be marked as "unsupported or will be identified
as such in the License Guide. Unsupported Software that forms part
of a Commercially Released product is Type III Software that QSS will
support under its normal support programs, to the extent that it is
being used in a development (not runtime) context. All other
Unsupported software is not licensed under this Agreement. To the
extent license terms are known, they have been included in the
license files packaged with the software. Any source code that we
are willing or obliged to provide has also been included. The origin
of this software may or may not be clear. If you decide to use this
code, your use is entirely at your own risk with no representations,
warranties, guarantees or otherwise by QSS. You may not use the QSS
name or trademarks in or otherwise associate QSS with any use or
further distribution of this software. You hereby agree to indemnify
and hold QSS harmless from and against any claim or action arising
out of any use or distribution of such software.
Document Version: MEULA.1_05d.std.Sept19a-06