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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
license@fsmlabs.com and acknowledge receipt of the Patented Process and
agreement to all License conditions and terms thereby becoming a
Licensee.
3. 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.
4. 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.
5. 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 license@fsmlabs.com.
6. 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.
7. 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
8. This Agreement is the entire agreement between the parties with
respect to this subject matter.
9. 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.
10. 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.
3. 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
license@fsmlabs.com. 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.