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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
revised on December 21, 2006
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.
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| 2.2 |
"Source Code" means a source program, including related comments and documentations, for the T-Kernel.
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| 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 shall be included in the Source Code.
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| 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.
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| 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.
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| 2.6 |
"Derivative Work" means the Modified Source Code or the Binary Code.
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| 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.
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| 2.8 |
"End User" means a consumer who purchases and uses the Embedded Product.
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| 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.
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| 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.
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| 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.
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| 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.
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| 2.13 |
"Source Code User" means a person who uses the Source Code.
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| 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;
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| (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
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| (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.
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| 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.
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| (2) |
to run the Source Code provided by the T-Engine Forum hereunder for its own research,
development and the like.
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| (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. Indemnity
| 9.1 |
Neither the T-Engine Forum nor the copyright holder of the Source Code shall be liable for any damages
(including, but not limited to, damages resulting from loss of profit,
business interruption, loss of business information or any other pecuniary damage)
arising out of use or impossibility of use of the Source Code,
even if the T-Engine Forum and the copyright holder have been informed of the possibility of such damages.
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Article 10. Breach of Agreement
| 10.1 |
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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| 10.2 |
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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| 10.3 |
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 11. Governing Law and Language
| 11.1 |
This License Agreement shall be governed by and interpreted under the laws of Japan.
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| 11.2 |
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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