patent

fsmlabs的real time linux的内核

                      THE OPEN RTLINUX PATENT LICENSE
   
   This License governs the royalty-free use of the process defined by
   U.S. Patent No. 5,995,745. Anyone can license the use of the Patented
   Process by agreeing to be bound by the terms of this License. Such
   person is considered to be the Licensee ("Licensee"). The Patented
   Process may be used, without any payment of a royalty, with two (2)
   types of software. The first type is software that operates under the
   terms of a GPL (as defined later in this License). The second type is
   software operating under Finite State Machine Labs Open RTLinux (as
   defined below). As long as the Licensee complies with the terms and
   conditions of this License and, where applicable, with the terms of
   the GPL, the Licensee may continue to use the Patented Process 
   without paying a royalty for its use.
   
   You may use the Patented Process with software other than the two
   types mentioned above but you must first obtain a separate license for
   such use. The first step is to contact Finite State Machine Labs
   (http://www.fsmlabs.com).
   
                                DEFINITIONS
    1. "Patented Process" means the process covered by U.S. Patent No.
       5,995,745, issued November 30, 1999 and entitled ADDING REAL-TIME
       SUPPORT TO GENERAL PURPOSE OPERATING SYSTEMS .
    2. "License" means this License in its entirety, also known as the
       Open RTLinux Patent License.
    3. "Licensor" means Victor Yodaiken, the inventor and owner of U.S.
       Patent No. 5,995,745.
    4. "You" means any person or entity that makes use of the Patented
       Process or agrees to be bound by provisions of this License
       ("Licensee").
    5. "GPL" means The Free Software Foundation's General Public License
       Version 2.
    6. "Open RTLinux Software" means unmodified software labeled "Open
       RTLinux code" by Finite State Machine Labs Inc. and:
          + In the case of a binary distribution, the complete set of
            executable programs, including linked files and any and all
            other accompanying files, such as documentation;
          + In the case of an installation for use, the complete set of
            executable programs, any linked files, any attached files and
            any and all other accompanying files, such as documentation;
          + In the case of a source distribution, the complete set of
            unmodified source files, and any and all documentation
            included with the source code.
    7. "Open RTLinux Execution Environment" means: A computer hardware
       system where the interrupt control hardware of processors and
       system boards is under the direct control of unmodified Open
       RTLinux software in binary form. Configuration by a Licensee using
       the configuration tools provided by Licensor is not considered a
       modification unless such configuration includes a change to Open
       RTLinux code that is not provided as an option through the
       configuration tool.
       
    1. APPROVED USE
       
   In addition to the other terms and conditions of this License, use of
   the Patented Process is permitted, without fee or royalty, when used:
   
   A. By software licensed under the GPL; or
   
   B. By software that executes within an Open RTLinux Execution Environment
   - whether that software is licensed under the GPL or not.

   2. YOUR OBLIGATIONS
         1. Any use of the Patented Process must include labeling the
            product or service that includes the Patented Process with
            the following language: "Used, under license, U.S. Patent No.
            5, 995,745."
         2. A copy of these conditions and terms must be attached to or
            included with any distribution of any product or service that
            uses the Patented Process. It must be made clear to anyone
            that uses your product or service that all subsequent uses
            must also comply with the conditions and terms of this
            License and (where appropriate) the GPL. Before you can
            distribute any products or services that use the Patented
            Process, you must require that the proposed subsequent user,
            before incorporating the Patented Process into any subsequent
            use, as opposed to merely reviewing and analyzing the
            Patented Process, send an E-mail to [e-mail] and
            acknowledge receipt of the Patented Process and agreement to
            all License conditions and terms thereby becoming a Licensee.
       
   If you are using this Patented Process according to the conditions of
   this License for GPL software and you are distributing or otherwise
   making your software available outside your company then you must not
   place any artificial impediments to free access to your software
   source code. If you distribute your software or market your software
   through some web site on the World-Wide-Web, you must make source code
   for the software that makes use of the Patented Process immediately
   available on this web site for all to access. Any subsequent use must
   comply strictly with the terms of the GPL and with this License.
   Failure to comply with the terms of the GPL will result in an
   automatic termination of this License.
   
    1. Open RTLinux software is released under the GPL and you must
       comply with the terms of the GPL where applicable. Any
       modification of Open RTLinux code outside of the terms of the GPL
       is considered a material breach of this license. Any modification
       of Open RTLinux code results in code that is not "Open RTLinux
       code" in the terms of this license and this code cannot be used
       under the provisions of the section on Approved Use, subparagraph
       (B) above.
    2. Licensee and any subsequent user of the Patented Process through
       Licensee's products or services will give notice of their full
       name, address, telephone number, E-mail address and date of first
       use or access to the Patented Process, whichever is earlier, to
       Licensor by sending an E-mail to [e-mail].
    3. You will keep complete and accurate records of all commercial uses
       of the Patented Process and all commercial distributions of the
       Patented Process whether that distribution occurs directly or as
       part of your products or services. You will also provide copies of
       all such records upon request from Licensor
    4. All notices, requests, demands, payment of invoices and other
       communications shall be in writing and sent by facsimile,
       nationally recognized overnight carrier, or certified mail,
       postage prepaid, to:
       
                             Victor J. Yodaiken
   
                      Finite State Machine Labs, Inc.
   
                             914 Paisano Drive
   
                         Socorro, New Mexico 87801
   
    1. This Agreement is the entire agreement between the parties with
       respect to this subject matter.
    2. This Agreement shall be governed by the laws of the State of New
       Mexico, without giving effect to principles of conflicts of law.
       In addition, any action or proceeding arising from or relating to
       this Agreement must be brought in a federal court in New Mexico.
       Each party irrevocably submits to the jurisdiction of venue of any
       such court.
    3. Licensor shall have no liability for any indirect, incidental,
       special, punitive or consequence of damages, including without
       limitation, loss of profit or business opportunities, whether or
       not advised of the possibility of such damages. Licensor expressly
       disclaims any representations or warranties, expressed or implied,
       regarding the product or services contemplated by this Agreement,
       including any implied warranty of merchantability or fitness for a
       particular purpose.
       
   
   
   TERMINATION AND LIMITATIONS
    1. The term of this License will be limited by compliance of the
       Licensee. If you do not comply with the conditions and terms of
       this License, the License will be automatically terminated and all
       use of the Patented Process must stop. This Agreement shall
       commence as of the date this Agreement is executed by both parties
       and shall remain in full force and effect until
       Three-Hundred-and-Sixty-Five (365) calendar days from the date of
       execution subject to prior termination as provided below.
       Execution shall be deemed complete as of the moment the Licensee
       acknowledges acceptance of all terms of this Agreement by clicking
       on the "I agree" icon found on Licensor's web site
       (http://www.fsmlabs.com) or by sending written confirmation of
       acceptance by electronic mail to [e-mail]. Unless this
       Agreement is terminated as provided below, this Agreement shall
       automatically renew for periods of Three-Hundred-and-Sixty-Five
       (365) calendar days each until the expiration of the U.S. Patent
       on the Licensed Process.
    2. The Licensor owns all right, title and interest to the patent. The
       Licensor is not obligated to defend or indemnify any Licensee
       against any suit, damage, claim or allegation of patent
       infringement resulting from any use of the Patented Process. In
       the event of any such occurrence, the Licensor will cooperate with
       Licensee, at Licensee's expense.
    3. The Licensor may terminate this License and end all uses of the
       Patented Process if, for any reason, Licensor believes that the
       Licensee is, or is about to become, bankrupt. In addition,
       Licensor may terminate this License and end all uses of the
       Patented Process if Licensee files a petition for bankruptcy or if
       an involuntary petition for bankruptcy is filed against Licensee
       during a bankruptcy proceeding.
    4. The Licensor has the right to terminate this License or any
       license between the parties if there is breach of any of these
       conditions and terms and will give thirty (30) days' notice of
       that termination by electronic mail ("E-mail") sent to the E-mail
       address provided by the Licensee.
    5. Licensee acknowledges that no other representations by Licensor
       exist and that no other agreements exist between Licensee and
       Licensor. This Agreement will be construed and interpreted
       according to the laws of the State of New Mexico.
       
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