[meta-freescale] [meta-fsl-arm][PATCH] add custom-licenses dir for freescale EULA

[Daiane Angolini]

On Thu, Feb 5, 2015 at 2:03 AM,  <b40290 at freescale.com> wrote:
> From: Chunrong Guo <B40290 at freescale.com>

I think your patch highlighted a problem.

I agree with having a custom-licenses directory. But when this patch
is merged, we are going to have 2 different EULAs in different places.

And one is called Freescale-EULA

and the other EULA

So, I think it would be better to have EULA copied into
custom-licenses, and a better name should be used for both EULA files.


What do you think?

Daiane
>
> Signed-off-by: Chunrong Guo <B40290 at freescale.com>
> ---
>  custom-licenses/Freescale-EULA | 214 +++++++++++++++++++++++++++++++++++++++++
>  1 file changed, 214 insertions(+)
>  create mode 100644 custom-licenses/Freescale-EULA
>
> diff --git a/custom-licenses/Freescale-EULA b/custom-licenses/Freescale-EULA
> new file mode 100644
> index 0000000..2122a1f
> --- /dev/null
> +++ b/custom-licenses/Freescale-EULA
> @@ -0,0 +1,214 @@
> +IMPORTANT. Read the following Freescale Software License Agreement ("Agreement")
> +completely. By selecting the "I Accept" button at the end of this page, you
> +indicate that you accept the terms of the Freescale Proprietary Software License
> +Agreement and you also acknowledge that you have the authority, on behalf of your
> +company, to bind your company to such terms.  You may then download or install the
> +file.
> +
> +FREESCALE PROPRIETARY  SOFTWARE LICENSE AGREEMENT
> +This is a license agreement ("Agreement") between you (either as an individual
> +or as an authorized representative acting on behalf of your employer) and Freescale
> +Semiconductor, Inc. ("Freescale"). It concerns your rights to use the software
> +provided to you in binary or source code form and any accompanying written materials
> +(the "Software"). The Software may include any updates or error corrections or
> +documentation relating to the Software provided to you by Freescale under this
> +License. In consideration for Freescale allowing you to access the Software, you are
> +agreeing to be bound by the terms of this Agreement. If you do not agree to all of
> +the terms of this Agreement, do not download or install the Software. If you change
> +your mind later, stop using the Software and delete all copies of the Software in
> +your possession or control. Any copies of the Software that you have already
> +distributed, where permitted, and do not destroy will continue to be governed by
> +this Agreement. Your prior use will also continue to be governed by this Agreement.
> +
> +1. LICENSE GRANT. Freescale grants to you, free of charge, the non-exclusive,
> +non-transferable, non-sublicensable right (1) to use the Software, (2) to reproduce
> +the Software, (3) to prepare derivative works of the Software, (4) to distribute the
> +Software and derivative works thereof in object (machine-readable) form as part of
> +a programmable processing unit (e.g. a microprocessor, microcontroller, or digital
> +signal processor) supplied directly or indirectly from Freescale ("Freescale
> +System") and (5) to sublicense to others the right to use the distributed Software,
> +provided that any and all such sublicenses include the same terms and conditions of
> +this Agreement.  Notwithstanding the limitation on damages in Section 8, Licensee
> +will indemnify, defend, and hold harmless Freescale against any and all claims,
> +costs, damages, liabilities, judgments and attorneys' fees resulting from or
> +arising out of any breach by the sublicensee, or resulting from or arising out of
> +any action by the sublicensee inconsistent with this Agreement.
> +You must notify Freescale, in writing, any time you create a derivative of the
> +Software. Freescale owns all derivatives created from the Software, and derivatives
> +are licensed to you under the same terms as the Software under this Agreement. Upon
> +request, you must provide Freescale the source code of any derivative of the Software.
> +If you violate any of the terms or restrictions of this Agreement, Freescale may
> +immediately terminate this Agreement, and require that you stop using and delete all
> +copies of the Software and any derivative in your possession or control. Any license
> +granted above only extends to Freescale's intellectual property rights that would
> +be necessarily infringed by the Software as provided to you by Freescale and as used
> +within the scope of the licenses granted.  You must advise Freescale of any results
> +obtained including any problems or suggested improvements thereof. Freescale retains
> +the right to use such results and related information in any manner it deems
> +appropriate.
> +
> +2. OTHER RESTRICTIONS. Subject to the license grant above, the following restrictions
> + apply:
> +
> +a. Freescale reserves all rights not expressly granted herein.
> +b. You may not rent, lease, sublicense, lend or encumber the Software, unless
> +   otherwise expressly agreed to within this Agreement
> +c. You may not distribute, manufacture, have manufactured, sublicense or otherwise
> +   reproduce the Software for purposes other than intended in this Agreement.
> +d. You may not remove or alter any proprietary legends, notices, or trademarks
> +   contained in the Licensed Software,
> +e. The terms and conditions of this Agreement will apply to any Software updates,
> +   provided to you at Freescale's discretion, that replace and/or supplement the
> +   original Software, unless such update contains a separate license.
> +f. You may not translate, reverse engineer, decompile, or disassemble the Software
> +   provided to you solely in object code format (machine readable) except to the
> +   extent applicable law specifically prohibits such restriction.  You will prohibit
> +   your sublicensees from translating, reverse engineering, decompiling, or
> +   disassembling the Software except to the extent applicable law specifically
> +   prohibits such restriction.
> +
> +3. OPEN SOURCE. You are about to download or install certain software that is
> +subject to various open source licenses such as the Apache License, the BSD license,
> +the Free Software Foundation General Public License and Lesser General Public
> +License, the Mozilla Public License and others. Your use of such open source
> +software is subject to the terms of each applicable license.  You must agree to the
> +terms of each such applicable license, or you should not use the open source software.
> +Any open source license that is incompatible with the terms of this Agreement
> +supersedes the terms of this Agreement.
> +
> +4. COPYRIGHT. The Software is licensed to you, not sold.  Freescale owns the
> +Software, and United States copyright laws and international treaty provisions
> +protect the Software. Therefore, you must treat the Software like any other
> +copyrighted material (e.g. a book or musical recording). You may not use or
> +copy the Software for any other purpose than what is described in this Agreement.
> +Except as expressly provided herein, Freescale does not grant to you any express or
> +implied rights under any Freescale or third party patents, copyrights, trademarks,
> +or trade secrets. Additionally, you must reproduce and apply any copyright or other
> +proprietary rights notices included on or embedded in the Software to any copies
> +made thereof, in whole or in part, if any.  You may not remove any copyright
> +notices of Freescale incorporated in the Software.
> +
> +5. TERM AND TERMINATION. The term of this Agreement shall commence on the date
> +of installation or download and shall continue perpetually, unless earlier
> +terminated in accordance with this Agreement. Freescale has the right to terminate
> +this Agreement without notice and require that you stop using and delete all copies
> +of the Software in your possession or control if you violate any of the terms or
> +restrictions of this Agreement. Freescale may terminate this Agreement should any
> +of the Software become, or in Freescale's reasonable opinion is likely to become,
> +the subject of a claim of intellectual infringement or trade secret misappropriation.
> +Upon termination, you must cease use of and destroy, the Software and confirm
> +compliance in writing to Freescale. Upon termination, the license granted pursuant
> +to this Agreement immediately terminates and the provisions of Sections 4 through
> +18 will survive any termination of this Agreement.
> +
> +6. SUPPORT. Freescale is NOT obligated to provide any support, upgrades or new
> +releases of the Software. If you wish, you may contact Freescale and report problems
> +and provide suggestions regarding the Software. Freescale has no obligation
> +whatsoever to respond in any way to such a problem report or suggestion. Freescale
> +may make changes to the Software at any time, without any obligation to notify or
> +provide updated versions of the Software to you.
> +
> +7. NO WARRANTY. TO THE MAXIMUM EXTENT PERMITTED BY LAW, FREESCALE EXPRESSLY
> +DISCLAIMS ANY WARRANTY FOR THE SOFTWARE. THE SOFTWARE IS PROVIDED "AS IS",
> +WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT
> +LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR
> +PURPOSE, OR NON-INFRINGEMENT. YOU ASSUME THE ENTIRE RISK ARISING OUT OF THE USE
> +OR PERFORMANCE OF THE SOFTWARE, OR ANY SYSTEMS YOU DESIGN USING THE SOFTWARE (IF
> +ANY). NOTHING IN THIS AGREEMENT MAY BE CONSTRUED AS A WARRANTY OR REPRESENTATION
> +BY FREESCALE THAT THE SOFTWARE OR ANY DERIVATIVE WORK DEVELOPED WITH OR INCORPORATING
> +THE SOFTWARE WILL BE FREE FROM INFRINGEMENT OF THE INTELLECTUAL PROPERTY RIGHTS OF
> +THIRD PARTIES.
> +
> +8. INDEMNITY. You agree to fully defend and indemnify Freescale from any and all
> +claims, liabilities, and costs (including reasonable attorney's fees) related to
> +(1) your use (including your sublicensee's use, if permitted) of the Software or
> +(2) your violation of the terms and conditions of this Agreement.
> +
> +9. LIMITATION OF LIABILITY. IN NO EVENT WILL FREESCALE BE LIABLE, WHETHER IN
> +CONTRACT, TORT, OR OTHERWISE, FOR ANY INCIDENTAL, SPECIAL, INDIRECT, CONSEQUENTIAL
> +OR PUNITIVE DAMAGES, INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR ANY LOSS OF USE,
> +LOSS OF TIME, INCONVENIENCE, COMMERCIAL LOSS, OR LOST PROFITS, SAVINGS, OR REVENUES
> +TO THE FULL EXTENT SUCH MAY BE DISCLAIMED BY LAW EVEN IF INFORMED IN ADVANCE OF THE
> +POSSIBILITY OF SUCH DAMAGES.  FREESCALE'S LIABILITY WILL IN ANY EVENT AND UNDER ANY
> +THEORY OF RECOVERY BE LIMITED TO THE TOTAL AMOUNT RECEIVED BY FREESCALE UNDER THIS
> +AGREEMENT.
> +
> +10. COMPLIANCE WITH LAWS; EXPORT RESTRICTIONS. You must not resell, re-export, or
> +provide, directly or indirectly, the licensed software or direct product thereof,
> +in any form without obtaining appropriate export or re-export licenses from the
> +United States Government and from the country from which the export or re-export
> +is to occur. An export occurs when products, technology, or software is transferred
> +from one country to another by any means, including physical shipments, FTP file
> +transfers, E-mails, faxes, remote server access, conversations, and the like.  An
> +export also occurs when technology or software is transferred to a foreign national
> +in the United States, or foreign national of the country in which the business
> +activity is taking place.  A foreign national is any person who is neither a citizen
> +nor permanent resident of the United States, or the country in which the business
> +activity is taking place. Furthermore, if an export/import license, permit or other
> +government required authority (collectively referred to as "government
> +authorization") is required to transfer technology, software, hardware or other
> +Freescale property to non- Freescale party(ies) and is not approved, then Freescale
> +is not obligated to transfer the Software under this Agreement until such
> +"government authorization" is granted..
> +
> +11. GOVERNMENT RIGHTS. The Licensed Software is a "Commercial Item as defined in
> +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 or
> +48 C.F.R. $227.7202, as applicable and are only licensed to U.S. Government end
> +users with the rights as are set forth herein..
> +
> +12. HIGH RISK ACTIVITIES.  You acknowledge that the Software is not fault tolerant
> +and is not designed, manufactured or intended by Freescale for incorporation into
> +products intended for use or resale in on-line control equipment in hazardous,
> +dangerous to life or potentially life-threatening environments requiring fail-safe
> + performance, such as in the operation of nuclear facilities, aircraft navigation
> + or communication systems, air traffic control, direct life support machines or
> +weapons systems, in which the failure of products could lead directly to death,
> +personal injury or severe physical or environmental damage ("High Risk Activities").
> + You specifically represent and warrant that you will not use the Software or any
> +derivative work of the Software for High Risk Activities.
> +
> +13. CHOICE OF LAW; VENUE; LIMITATIONS. You agree that the statutes and laws of the
> +United States and the State of Texas, USA, without regard to conflicts of laws
> +principles, will apply to all matters relating to this Agreement or the Software,
> +and you agree that any litigation will be subject to the exclusive jurisdiction of
> +the state or federal courts in Texas, USA.  You agree that regardless of any
> +statute or law to the contrary, any claim or cause of action arising out of or
> +related to this Agreement or the Software must be filed within one (1) year after
> +such claim or cause of action arose or be forever barred.
> +
> +14. CONFIDENTIAL INFORMATION.  You must treat the Software as confidential
> +information and you agree to retain the Software in confidence perpetually, with
> +respect to Software in source code form (human readable), or for a period of five
> +(5) years from the date of termination of this Agreement, with respect to all other
> +parts of the Software.  During this period you may not disclose any part of the
> +Software to anyone other than employees who have a need to know of the Software and
> + who have executed written agreements obligating them to protect such Licensed
> +Software to at least the same degree of care as in this Agreement.  You agree to use
> + the same degree of care, but no less than a reasonable degree of care, with the
> +Software as you do with your own confidential information. You may disclose Software
> + to the extent required by a court or under operation of law or order provided that
> + you notify Freescale of such requirement prior to disclosure, which you only
> +disclose information required, and that you allow Freescale the opportunity to
> +object to such court or other legal body requiring such disclosure.
> +
> +15. PRODUCT LABELING. You are not authorized to use any Freescale trademarks,
> +brand names, or logos.
> +
> +16. ENTIRE AGREEMENT. This Agreement constitutes the entire agreement between you
> +and Freescale regarding the subject matter of this Agreement, and supersedes all
> +prior communications, negotiations, understandings, agreements or representations,
> +either written or oral, if any.  This Agreement may only be amended in written form,
> +executed by you and Freescale.
> +
> +17. SEVERABILITY. If any provision of this Agreement is held for any reason to be
> +invalid or unenforceable, then the remaining provisions of this Agreement will be
> +unimpaired and, unless a modification or replacement of the invalid or unenforceable
> +provision is further held to deprive you or Freescale of a material benefit, in
> +which case the Agreement will immediately terminate, the invalid or unenforceable
> +provision will be replaced with a provision that is valid and enforceable and that
> +comes closest to the intention underlying the invalid or unenforceable provision.
> +
> +18. NO WAIVER.  The waiver by Freescale of any breach of any provision of this
> +Agreement will not operate or be construed as a waiver of any other or a subsequent
> +breach of the same or a different provision.
> --
> 1.9.2
>
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