license.txt

这是vxworks 的图形界面开发软件windML2.0和另一个CP2可以构成完整的界面开发。

5. TERM AND TERMINATION. Customer may terminate this Agreement at any time. This Agreement will immediately terminate upon Customer's breach of this Agreement, unless such breach is curable and is cured by Customer within ten (10) days after notice of such breach is provided by Wind River. Upon termination, Customer agrees not to use the Software for any purpose whatsoever, to destroy the Software and any copy then in Customer's possession, and to certify to Wind River that such destruction has taken place. Upon termination Wind River may repossess all copies of the Software then in Customer's possession or control. These remedies shall be cumulative and in addition to any other remedies available to Wind River. The provisions of this Agreement, other than the license grants in Section 2 above, shall survive termination.

6. KEYS AND ACCESS. Wind River agrees to provide to Customer those software keys which are reasonably necessary to permit Customer to gain access to the Software contained on the media shipped to Customer and which Software has been properly licensed to Customer pursuant to a current license agreement. Notwithstanding anything to the contrary in this Agreement, Customer hereby acknowledges that Customer shall have no right or license to any software shipped to Customer on media as provided above which software is not properly licensed pursuant to a current license agreement, that any such software is included therein, solely as a matter of administrative convenience, and Customer further agrees not to attempt to gain access to, or permit any third party to attempt to gain access to, such software.

7. AUDIT. Customer agrees to maintain accurate written records of the location of each copy of the Software in Customer's possession, and the number and location of all concurrent users thereof. To ensure compliance with the terms of this Agreement, Wind River or its designated representative shall have the right, exercisable upon reasonable notice, to conduct an inspection and audit of such records and Customer's computer systems (including the right to determine what Software has been accessed pursuant to Section 6), to obtain true and correct photocopies of such records and to obtain such other information as necessary to determine Customer's compliance with this Agreement. At Wind River's request, Customer shall provide reasonable assistance to Wind River in conducting such inspection and audit. Such audit shall be conducted during Customer's regular business hours at Customer's offices and in such a manner as not to interfere unreasonably with Customer's normal business activities. In no event shall such audits be conducted hereunder more frequently than every six (6) months. If such audit should disclose any underpayment of fees payable to Wind River, Customer shall promptly pay Wind River such underpaid amount, together with interest thereon at a rate of one and one-half percent (1.5%) per month or partial month during which each amount was owed and unpaid, or the highest rate allowed by law, from the date such amount is due until finally paid.  If the audit reveals Customer has underpaid Wind River by five percent (5%) or more, the Customer will immediately reimburse Wind River for Wind River's expenses associated with such audit.

8. LIMITED WARRANTY.
8.1 Limited Warranty. Wind River warrants that the media on which the Software is delivered will be free from defects in materials or workmanship for a period of ninety (90) days from the date of shipment of such media to Customer ("Warranty Period").  If during the Warranty Period the media on which Software is delivered proves to be defective, Wind River will repair or replace such media, at Wind River's option, as Customer's sole remedy for any breach of warranty hereunder. Customer assumes full responsibility for: (i) the selection of the Software; (ii) the proper installation and use of the Software; (iii) verifying the results obtained from the use of the Software; and (iv) taking appropriate measures to prevent loss of data. Wind River does not warrant that the quality or performance of the Software will meet Customer's requirements or that Customer will be able to achieve any particular results from use or modification of the Software or that the Software will operate free from error.
8.2 WARRANTY DISCLAIMER. EXCEPT AS EXPRESSLY SET FORTH IN SECTION 8, WIND RIVER AND ITS LICENSORS DISCLAIM ALL WARRANTIES, EXPRESS, IMPLIED AND STATUTORY INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NONINFRINGEMENT OF THIRD PARTY RIGHTS. NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY WIND RIVER, ITS DEALERS, DISTRIBUTORS, AGENTS OR EMPLOYEES SHALL IN ANY WAY INCREASE THE SCOPE OF THIS WARRANTY. Some jurisdictions do not allow the limitation or exclusion of implied warranties or how long an implied warranty may last, so the above limitations may not apply to Customer. This warranty gives Customer specific legal rights and Customer may have other rights that vary from jurisdiction to jurisdiction.

9. SUPPORT. The Software license fees do not include support, installation or training. Installation and training services, to the extent offered by Wind River, may be separately purchased at Wind River's then-current rates. Customer may request additional information on Wind River's support offerings from a Wind River sales representative. 

10. INFRINGEMENT INDEMNITY.  Wind River will defend at its expense any suit brought against Customer and will pay all damages finally awarded in such suit insofar as such suit is based on a claim that the Software as provided to Customer infringes a previously issued United States patent or copyright, provided that Wind River is notified promptly of such claim and is given full and complete authority (including settlement authority), information and assistance by Customer for such defense.  In the event that the Software is held in any such suit to infringe such a right and its use is enjoined, or if in the opinion of Wind River the Software is likely to become the subject of such a claim, Wind River at its own election and expense will either (i) procure for Customer the right to continue using the Software or (ii) modify or replace the Software so that it becomes non-infringing while giving substantially equivalent performance. In the event that (i) or (ii) above are not, in Wind River's sole determination, obtainable using reasonable commercial efforts, then Wind River may terminate this Agreement and refund amount Customer paid Wind River under this Agreement for the Software which is the subject of such claim, less a reasonable charge for Customer's past beneficial use based on depreciation of the Software on a straight line basis over a period of three (3) years from the Effective Date. The indemnification obligation shall not apply to infringement actions or claims to the extent that such actions or claims are based on or result from: (i) modifications made to the Software by a party other than Wind River; (ii) the combination of the Software with items not supplied by Wind River; and (iii) Customer's failure to use the most recent version of the Software provided by Wind River to Customer; provided, that the infringement described in (i) through (iii) would have been avoided but for such modification, combination or use. THIS SECTION STATES CUSTOMER'S SOLE AND EXCLUSIVE REMEDY AND WIND RIVER'S ENTIRE LIABILITY FOR ANY CLAIM OF INFRINGEMENT.

11. LIMITATION OF LIABILITY. WIND RIVER AND ITS LICENSORS SHALL NOT BE LIABLE FOR ANY INCIDENTAL, SPECIAL, CONSEQUENTIAL OR INDIRECT DAMAGES OF ANY KIND (INCLUDING DAMAGES FOR INTERRUPTION OF BUSINESS, PROCUREMENT OF SUBSTITUTE GOODS, LOSS OF PROFITS, OR THE LIKE) REGARDLESS OF THE FORM OF ACTION WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT PRODUCT LIABILITY OR ANY OTHER LEGAL OR EQUITABLE THEORY EVEN IF WIND RIVER HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT WILL WIND RIVER'S AGGREGATE CUMULATIVE LIABILITY FOR ANY CLAIMS ARISING OUT OF OR RELATED TO THIS AGREEMENT EXCEED THE AMOUNTS PAID TO WIND RIVER BY CUSTOMER PURSUANT TO THIS AGREEMENT. Some jurisdictions do not allow the exclusion or limitation of incidental or consequential damages so this limitation and exclusion may not apply to Customer.
THE LIMITED WARRANTY, LIMITED REMEDIES, WARRANTY DISCLAIMER AND LIMITED LIABILITY ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN WIND RIVER AND CUSTOMER. WIND RIVER WOULD NOT BE ABLE TO PROVIDE THE SOFTWARE WITHOUT SUCH LIMITATIONS.

12. GOVERNMENT END USERS.  The Software is a "commercial item" as that term is defined at 48 C.F.R.  2.101, consisting of "commercial computer software" and "commercial computer software documentation" as such terms are used in 48 C.F.R.  12.212.  Consistent with 48 C.F.R.  12.212 and 48 C.F.R.  227.7202-1 through 227.7202-4, Customer will provide the Software to U.S. Government end users only pursuant to the terms and conditions therein.

13. GENERAL. Customer shall not export or reexport the Software in violation of the export control laws of the United States and/or any other jurisdiction. This Agreement will be governed in all respects by the laws of the State of Delaware as applied to contracts entered into between residents thereof and performed entirely within the State. All disputes arising under this Agreement shall be brought in Superior Court of the State of California in Santa Clara County or the United States District Court for the Northern District of California in San Francisco, California.  If any legal action or proceeding is brought for the enforcement of this Agreement, or because of any alleged dispute, breach, default or misrepresentation in connection with any of the provisions of this Agreement, the successful or prevailing party or parties shall be entitled to recover reasonable attorneys' fees and other costs incurred in that action or proceeding, in addition to any other relief to which such party may be entitled. If any provision or provisions of this Agreement are determined to be invalid, illegal or unenforceable, the validity, legality and enforceability of the remaining provisions of this Agreement will not in any way be affected or impaired thereby. This Agreement may not be assigned, sub-licensed, or otherwise transferred (including by way of a merger) by Customer without Wind River's prior written consent. Nothing contained herein shall be construed as creating any agency, employment relationship, partnership, principal-agent or other form of joint enterprise between the parties. This Agreement constitutes the complete, final and exclusive statement of the agreement between Wind River and Customer, which supersedes all proposals, oral or written, and all other communications between the parties relating to the subject matter of this Agreement. No waiver, alteration or modification of the provisions of this Agreement will be valid unless made in writing and signed by a corporate officer of Wind River. The terms and conditions of any purchase order or other instrument issued by Customer in connection with this Agreement which add to or differ from the terms and conditions of this Agreement (other than terms specifying the Approved CPU, Authorized Site, Wind River product desired, number of concurrent Tools users, and description of the Project) shall be of no force or effect.
Should you have any questions concerning this Agreement, please write: Wind River Systems, Inc., Vice President, Intellectual Property and Legal Affairs, 500 Wind River Way, Alameda, CA 94501.
Additional Third Party Licensor Terms: (if any) 							
THE SOFTWARE AND ACCOMPANYING DOCUMENTATION ARE PROTECTED BY UNITED STATES COPYRIGHT LAW AND INTERNATIONAL TREATY. UNAUTHORIZED REPRODUCTION OR DISTRIBUTION IS SUBJECT TO CIVIL AND CRIMINAL PENALTIES.

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.

Object Development License Agreement 
Wind River Systems, Inc.
Revised July, 2000