license.txt

windml3.0

WIND RIVER SYSTEMS, INC.
OBJECT CODE LICENSE AND DISTRIBUTION AGREEMENT

THIS OBJECT CODE DEVELOPMENT LICENSE AND DISTRIBUTION AGREEMENT ("Agreement") is a legal contract between Customer ("Customer" or "you") and Wind River Systems ("Wind River"). The right to use the Software is granted only on the condition that Customer agrees to the following terms. If Customer does not agree to the terms of this Agreement, then Wind River and its licensors are unwilling to license the Software to Customer, in which case Customer may return the software within thirty (30) days after shipment, or refuse to download the Software, whichever is applicable, and the amount Customer paid for the Software will be refunded.  THE DISTRIBUTION RIGHTS GRANTED UNDER THIS AGREEMENT ARE CONTINGENT UPON WIND RIVER'S RECEIPT OF APPLICABLE ROYALTY PAYMENTS, WHICH, UNLESS OTHERWISE AGREED UPON IN WRITING BY WIND RIVER, SHALL BE PAYABLE ACCORDING TO THE PRICING TERMS LISTED ON WIND RIVER'S THEN CURRENT PRICE LIST.    

PLEASE READ THE TERMS CAREFULLY BEFORE CLICKING ON THE "ACCEPT" BUTTON, AS BY CLICKING ON THE "ACCEPT" BUTTON YOU ACKNOWLEDGE THAT YOU HAVE READ THIS AGREEMENT, UNDERSTAND IT AND AGREE TO BE BOUND BY ITS TERMS AND CONDITIONS.
 
1. DEFINITIONS. 
1.1 "Approved Host" means the host computer on which Customer is authorized to use the Software pursuant to the terms and conditions of this Agreement, as specified on Customer's Purchase Order and/or Wind River's final sales quote.
1.2 "Approved Target Processor" means the microprocessor(s) on which Customer is authorized to use the Software pursuant to the terms and conditions of this Agreement, as specified on Customer's Purchase Order and/or Wind River's final sales quote.
1.3 "Authorized Site" means the specific address of Customer's facility consisting of a single building or multiple buildings on a contiguous campus where the Approved Host is physically located, as specified on Customer's Purchase Order and/or Wind River's final sales quote.
1.4 "Confidential Information" means: (i) the Software; (ii) the technology, ideas, know how, documentation, processes, algorithms and trade secrets embodied in the Software; (iii) any software keys related to the Software; and (iv) any other information, whether disclosed orally or in written or magnetic media, that is identified as "confidential," "proprietary" or with a similar legend at the time of such disclosure. Confidential Information shall not include any information which is: (a) published or otherwise available to the public other than by breach of this Agreement by Customer; (b) rightfully received by Customer from a third party without confidential limitations; (c) independently developed by Customer as evidenced by appropriate records; (d) known to Customer prior to its first receipt of same from Wind River as evidenced by appropriate records; (e) hereinafter disclosed by Wind River to a third party without restriction on disclosure; or (f) approved for public release by written authorization of Wind River.  If any Confidential Information must be disclosed to any third party by reason of legal, accounting or regulatory requirements beyond the reasonable control of Customer, Customer shall promptly notify Wind River of the order or request and permit Wind River (at its own expense) to seek an appropriate protective order.
1.5  "Customer" means the person or entity that installs or uses the Software at the Authorized Site.
1.6 "End User" means any entity to which Customer provides a Target Application for further distribution or such entity's own use, pursuant to an End User License Agreement.
1.7 "End User License Agreement" means a written license agreement in a commercially reasonable form containing the restrictions specified in Section 3.4, pursuant to which Customer may sublicense to End Users the Run-Time Module that is incorporated into a Target Application. 
1.8 "Object Code" means computer programming code in the form not readily perceivable by humans and suitable for machine execution without the intervening steps of interpretation or compilation.
1.9 "Operating System" means the Object Code that is part of Wind River's VxWorks(r), VxWorksAE(r), pSOSystemsTM, IxWorks(r), BSD OS(tm) or OSEKWorksTM product families or other operating systems software and extensions thereto that may be provided by Wind River under this Agreement. 
1.10 "Project" means a concerted undertaking by an identified Customer development team to design or produce a Target Application for use on the Approved Target Processor and that has a specified scope of functionality, as specified on Customer's Purchase Order and/or Wind River's final sales quote.
1.11 "Purchase Order" means Customer's standard purchase order form submitted by Customer to obtain the development and/or distribution rights acquired under this Agreement.
1.12 "Reference Source Code" means any board support package ("BSP") and/or driver Source Code that may be provided by Wind River in the Software.
1.13 "Run-Time Module" means components of the Operating System and Reference Source Code, in Object Code form, to be incorporated into a Target Application as inseparably embedded code.
1.14 "Software" means (i) the computer programming code and accompanying documentation, including updates (if any), provided by Wind River under this Agreement, and (ii) all modifications thereto and full or partial copies thereof, whether such modifications or copies are provided by Wind River or made by Customer as permitted under this Agreement. The definition of Software includes without limitation the Operating System, Tools, and Reference Source Code.
1.15 "Source Code" means computer programming code in human readable form that is not suitable for machine execution without the intervening steps of interpretation or compilation.
1.16 "Target Application" means an item, device or system developed by Customer pursuant to the Project that does not contain any software development functionality and that contains a Run-Time Module or any portion thereof.