📄 license.txt
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WIND RIVER SYSTEMS, INC.
OBJECT CODE DEVELOPMENT LICENSE AGREEMENT
This Object Code Development License Agreement ("Agreement") is a legal contract between Customer 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 package within thirty (30) days after shipment and the amount Customer paid for the Software will be refunded.
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 CPU" 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.
1.2 "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 CPU is physically located, as specified on Customer's purchase order.
1.3 "Customer" means the person or entity that installs or uses the Software at the Authorized Site.
1.4 "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.
1.5 "Operating System" means the Object Code that is part of Wind River's Vx Works, pSOSystemTM or OSEKWorksTM product families or other operating systems software that may be provided by Wind River under this Agreement.
1.6 "Project" means a concerted undertaking by an identified Customer development team to design or produce a Target Application that uses a specific target microprocessor and that has a specified scope of functionality, as specified on Customer's purchase order.
1.7 "Reference Source Code" means any board support package ("BSP") and/or driver Source Code that may be provided by Wind River in the Software.
1.8 "Run-Time Module" means components of the Operating System, in Object Code form, to be incorporated into a Target Application as inseparably embedded code.
1.9 "Software" means the computer programming code and accompanying documentation in the form and format provided under this Agreement, including updates, if any, provided by Wind River, and all full or partial copies, whether such copies are provided by Wind River or made by Customer as permitted under this Agreement. The definition of Software includes the Operating System, Tools and any other Source Code or Object Code, if any, provided by Wind River under this Agreement.
1.10 "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.
1.11 "Target Application" means a unique end user 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, including any modified or successor version of said item, device or system.
1.12 "Tools" means the Object Code provided by Wind River under this Agreement that is intended for Customer's internal use in developing applications and not for incorporation into Target Applications or for distribution.
2. LICENSE GRANTS.
2.1 Operating System. Subject to Customer's compliance with the terms and conditions of this Agreement and payment of any applicable fees, Wind River hereby grants to Customer a restricted, personal, non-transferable, non-exclusive, internal-use license: (i) to use the Operating System solely at the Authorized Site, on the Approved CPU, and in connection with the Project for development of the Target Application; and (ii) to reproduce the Operating System for archive purposes, consistent with Customer's standard archive procedures.
2.2 Tools. Subject to Customer's compliance with the terms and conditions of this Agreement and payment of any applicable fees, Wind River hereby grants to Customer a restricted, personal, non-transferable, non-exclusive, internal-use license: (i) to use the Tools at the Authorized Site, on the Approved CPU, solely by the number of licensed concurrent users specified in the purchase order; and (ii) to reproduce the Tools for archive purposes, consistent with Customer's standard archive procedures.
2.3 Reference Source Code. Subject to Customer's compliance with the terms and conditions of this Agreement and payment of any applicable fees, Wind River hereby grants to Customer a restricted, personal, non-transferable, non-exclusive, internal-use license: (i) to use the Reference Source Code provided by Wind River, if any, solely at the Authorized Site, on the Approved CPU, in connection with the Project for development of the Target Application; (ii) to modify the Reference Source Code, solely to the extent necessary to support the development of the Target Application and to properly interface with the Run-Time Module; (iii) to compile the Reference Source Code, including any modifications thereof, into Object Code; and (iv) to reproduce the Reference Source Code for archive purposes, consistent with Customer's standard archive procedures.
3. RESTRICTIONS.
3.1 General Restrictions. Except as expressly permitted by this Agreement, Customer may not: (i) modify the Operating System or Tools, (ii) translate, reverse engineer, decompile, disassemble (except to the extent applicable laws specifically prohibit such restriction) or attempt to derive the Source Code of Software provided to Customer in Object Code, or create derivative works of the Operating System or Tools or let any third party do any of the foregoing; (iii) reproduce the Software other than as specified above; (iv) sublicense, rent, lease, loan, timeshare, sell, distribute, disclose, publish, assign or transfer any rights, grant a security interest in, transfer possession of the Software or electronically transfer the Software from one computer to another over a network other than Customer's internal network as permitted, if at all, under this Agreement; or (v) alter or remove any of Wind River's or its licensors' copyright or proprietary rights notices or legends appearing on or in the Software and Customer shall reproduce such notices on any copies Customer is permitted to make.
3.2 No Distribution Rights. THE LICENSES GRANTED IN SECTION 2 DO NOT PROVIDE THE RIGHT TO DISTRIBUTE ANY PORTION OF THE SOFTWARE. Customer shall not market, distribute, or otherwise transfer copies of the Software (including the Run-Time Modules). Customer may only acquire the additional rights to reproduce the Run-Time Module and distribute them in the Target Application by executing a separate Target Application License Agreement with Wind River.
3.3 Third Party Software. The Software licensed under this Agreement may contain or be derived from materials of third party licensors. Such third party materials may be subject to restrictions in addition to those listed in this Section 3, which restrictions, if any, are set forth at the end of this Agreement.
4. OWNERSHIP. Wind River and its licensors shall retain exclusive ownership of all worldwide intellectual property rights in and to the Software and any copies and modifications thereof. Customer hereby assigns to Wind River any such rights Customer may have in and to the foregoing. All rights not expressly granted to Customer in this Agreement are expressly reserved for Wind River and its licensors.
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