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T-License [License Agreement for Source Code of
T-Kernel]
established by T-Engine Forum
on January 23, 2004
revised on June 17, 2004
Article 1. Scope of License Agreement
| 1.1 | This License Agreement sets forth
copyrights and the terms and conditions
of use applicable to the source code of T-Kernel distributed by the T-Engine
Forum and any derivative work created therefrom. |
Article 2. Definition
| 2.1 | "T-Kernel" means a real-time operating
system for the T-Engine controlled
and distributed by the T-Engine Forum on behalf of the copyright holder
thereof. |
| 2.2 | "Source Code" means a source program,
including related comments and
documentations, for the T-Kernel. |
| 2.3 | "Ported Source Code" means a source program
produced from the Source Code in
accordance with the T-Engine hardware specifications issued by the T-Engine
Forum with modifying only its dependencies on hardware to enable it to run on
the T-Engine hardware registered with the T-Engine Forum. The Ported Source Code
which is registered with the T-Engine Forum. The Ported Source Code which is
registered with the T-Engine Forum shall be included in the Source
Code. |
| 2.4 | "Modified Source Code" means a source
program modified from the
Source Code for the purpose of improving its performance, increasing or
decreasing its function, and the like. The Ported Source Code shall not be
included in the Modified Source Code. |
| 2.5 | "Binary Code" means an executable code form
which is created by compiling
programs, which include all or part of the Source Code or the Modified Source
Code. |
| 2.6 | "Derivative Work" means the Modified Source
Code or the Binary Code. |
| 2.7 | "Embedded Product" means any product which
uses the Source Code, the
Modified Source Code, or the Binary Code, and operates with executable code form
loaded on its hardware. |
| 2.8 | "End User" means a consumer who purchases and
uses the Embedded Product. |
| 2.9 | "System Developer" means any person who
develops the Embedded Product for
itself or has someone develop the same, and provides, whether with or without
payment, the End User with the Embedded Product. |
| 2.10 | "Distributor of Modification" means any
person who produces the Modified
Source Code and, whether with or without payment, distributes the same to any
third party. |
| 2.11 | "Patch for Modification" means a
difference, program, system, and the like
in order to create the Modified Source Code from the Source Code or the Binary
Code thereof. |
| 2.12 | "Vicarious Execution of Patch Processing"
means vicarious execution service
to create the Modified Source Code applying the Patch for Modification to the
Source Code or the Binary Code thereof. |
| 2.13 | "Source Code User" means a person who uses
the Source Code. |
| 2.14 | "Distribution" means any of the following
acts:
| (1) | to transmit a work to a large number of
specific persons through the
Internet communication, broadcasting, and the like; |
| (2) | to transmit a work to the general public
through the Internet communication,
broadcasting, and the like automatically in response to a request from the
public; and |
| (3) | to distribute a reproduction of a work to the
general public or a large
number of specific persons. |
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Article 3. Copyright
| 3.1 |
The copyrights of the Source Code shall be owned by Ken Sakamura.
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Article 4. License of Source Code
| 4.1 |
As provided for in this Article, the T-Engine Forum shall provide, and grant
a license to use, the Source Code free of charge to any person who has taken the
necessary procedure for registration as prescribed by the T-Engine Forum and
agreed to the T-License.
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| 4.2 |
The Source Code shall be distributed exclusively by the T-Engine Forum. No
person who obtains the Source Code under Article 4.1 above may make any
re-Distribution of the Source Code.
|
| 4.3 |
In accordance with the license granted under Article 4.1 above, the
Source Code User may perform the following acts:
| (1) |
to copy and/or modify the Source Code provided by the T-Engine Forum
hereunder for its own research, development and the like.
|
| (2) |
to run the Source Code provided by the T-Engine Forum hereunder for
its own research, development and the like.
|
| (3) |
to run the Source Code modified in accordance with the provision of
Article 4.3.(1) above for its own research, development and the like.
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| 4.4 |
In accordance with the license granted under Article 4.1 above, the
System Developer may perform the following acts:
| (1) |
to perform any and all acts set forth in the preceding paragraph.
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| (2) |
to develop and manufacture the Embedded Product containing the
Binary Code, and, whether with or without payment, provide the End
User with the same and make the Binary Code available to the End
User on the Embedded Product.
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| 4.5 |
The Source Code User and the System Developer shall be obligated to
give a notice that the Source Code is used, in such a way as
separately established by the T-Engine Forum, when they use the
Source Code or the Binary Code, or make the Binary Code available
for the End User on the Embedded Product.
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Article 5. Distribution of Modified Source Code
| 5.1 |
Any of A level members of the T-Engine Forum may become the
Distributor of Modification by obtaining the approval of the
T-Engine Forum through the registration procedure as prescribed by
the Forum provided that only the department of the A level member
which has taken the registration procedure may distribute the
Modified Source Code in such a way as provided for in this Article
as long as it holds the A level membership.
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| 5.2 |
The Distributor of Modification may create the Modified Source Code
based on the Source Code provided by the T-Engine Forum and the
Patch for Modification to be applied to create such Modified Source
Code from the Source Code.
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| 5.3 |
The Distributor of Modification shall, prior to the distribution,
inform the T-Engine Forum of and register a name and description of
the Modified Source Code in such a way as prescribed by the
T-Engine Forum.
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| 5.4 |
The Distributor of Modification shall determine the name of the
Modified Source Code subject to the rules separately established by
the T-Engine Forum and publish an appropriate notice as required by
the rules on the Patch for Modification and the Modified Source
Code.
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| 5.5 |
The Distributor of Modification may distribute the Modified Source
Code to a third party,whether with or without payment, provided
that the Distributor of Modification shall take the necessary
measures to prohibit the third party from making the
re-Distribution of the Modified Source Code.
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| 5.6 |
The Distributor of Modification may provide the System Developer
with the Patch for Modification. Provided, however, that the
Distributor of Modification shall be obligated to confirm that the
System Developer is the Source Code User duly licensed under
Article 4.1.
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| 5.7 |
The Distributor of Modification may perform the Vicarious Execution
of Patch Processing for the System Developer.
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| 5.8 |
The System Developer may not distribute the Modified Source Code in
further modified form to any party as a stand-alone software
product.
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| 5.9 |
The System Developer may, under the same obligation as imposed in
Article 4.5, make the Embedded Product available for the End User
through use of the Patch for Modification distributed by the
Distributor of Modification or the Derivative Works obtained
through the Vicarious Execution of Patch Processing.
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Article 6. Registration of the Ported Source Code
| 6.1 |
Any member of the T-Engine Forum may request the T-Engine Forum to
register and distribute the Ported Source Code on the new T-Engine
hardware as an original source code for T-Kernel.
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| 6.2 |
Any member of the T-Engine Forum who requests the distribution of
the Ported Source Code mentioned in the preceding paragraph shall
accede to the following conditions:
| (1) |
The member shall confirm that the object hardware meets the
specifications issued by the T-Engine Forum.
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| (2) |
The member shall provide the T-Engine Forum with a complete set of
operational environment for the object hardware and T-Kernel free
of charge when requesting the distribution.
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| (3) |
The member shall submit test results of the Ported Source Code to
the T-Engine Forum when requesting the distribution.
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| 6.3 |
In the event that the T-Engine Forum accepts the request mentioned
in Article 6.1, the T-Engine Forum shall register and distribute
the Ported Source Code as the Source Code for T-Kernel. Provided,
however, that the Ported Source Code may be treated in the same way
as the Modified Source Code until the time of registration
hereunder.
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| 6.4 |
The provision set forth in Article 3 shall apply to the Ported
Source Code registered in accordance with this Article.
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Article 7. Use for Other Purpose
| 7.1 |
Any use of the Source Code or the Modified Source Code other than
those stipulated in Articles 4 and 5 shall be subject to the prior
approval of the T-Engine Forum.
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Article 8. Limited Warranty
| 8.1 |
The T-Engine Forum and the copyright holder of the Source Code
warrant that the Source Code does not infringe upon third party's
copyrights.
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| 8.2 |
Neither the T-Engine Forum nor the copyright holder of the Source
Code warrants that the Source Code will fit for any particular
purpose of the Source Code User.
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| 8.3 |
Neither the T-Engine Forum nor the copyright holder of the Source
Code warrants that the Source Code does not infringe upon any third
party's industrial property rights. In no event shall the T-Engine
Forum and the copyright holder of the Source Code be liable for any
dispute which may arise between the Source Code User and a third
party in connection with the third party's industrial property
rights.
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Article 9. Breach of Agreement
| 9.1 |
In case of breach of this License Agreement, the T-Engine Forum
shall have the breaching person remedy such a breach and take
measures on the ground of copyright infringement against the person
regardless of whether or not the said person is a member of the
T-Engine Forum.
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| 9.2 |
In case of breach of this License Agreement by a member of the
T-Engine Forum, the T-Engine Forum may take appropriate measures
against the member; for example, the member is disqualified from
membership, depending on what kind of breach has been committed by
it.
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| 9.3 |
Any legal dispute which may arise in relation to any breach of this
License Agreement shall be subject to the exclusive jurisdiction of
the Tokyo District Court.
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Article 10 Governing Law and Language
| 10.1 |
This License Agreement shall be governed by and interpreted under
the laws of Japan.
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| 10.2 |
This License Agreement is executed in both Japanese text and
English text provided that the Japanese text shall govern to the
interpretation and performance of this License Agreement.
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