ROWEBOTS OPENSOURCE SOURCE CODE LICENSE AGREEMENT
Unison Operating System Version 4 with all its subcomponents as defined in the man pages, html man pages, software code which is distributed and the Tutorial Guide, Unison Quickstart Guide, and Unison Programmer's Guide and additional manuals which are included with the release.
DSPnano Operating System Version 2 with all its subcomponents as defined in the man pages, html man pages, software code which is distributed and the DSPnano Tutorial Guide, DSPnano Quickstart Guide, and DSPnano Programmer's Guide and additional manuals which are included with the release.
As Unison and DSPnano have large components of shared technology, one license agreement covers both DSPnano and Unison as the SOFTWARE PRODUCT.
IMPORTANT—READ CAREFULLY: This RoweBots Source Code License Agreement ("SCLA") is a legal agreement between you (either an individual or a single entity) and RoweBots Research Inc. ("Rowebots") for the RoweBots software product identified above, and the enhancements to this software made by the Planet OpenSource community, which includes computer software, source code and may include associated media, printed materials, and "online" or electronic documentation ("SOFTWARE PRODUCT"). By accepting this license agreement, and thereby getting access to the SOFTWARE PRODUCT, or agreeing to a contract with this license agreement used to protect software components used as part of the contract or agreement, you agree to be bound by the terms of this SCLA. If you do not agree to the terms of this SCLA, do not install or use the SOFTWARE PRODUCT, or complete registration on Planet OpenSource.
SOFTWARE PRODUCT LICENSE
The SOFTWARE PRODUCT is protected by copyright laws and international copyright treaties, as well as other intellectual property laws and treaties. The SOFTWARE PRODUCT is licensed, not sold.
1 GRANT OF LICENSE. This SCLA grants you the following rights:
The source code can be taken and modified and changed into new versions without restriction except that all original copyright, branding and trademarks must be preserved and no new restrictions can be added. All new versions fall under the same license provisions as the original SOFTWARE PRODUCT. All additions to the source code are defined as new versions if they augment the underlying functionality within the application programming interfaces of the source code or provide additional functionality consistent with the existing application programming interfaces and broad user needs for similar function calls or defined standards.
All distribution of embedded target code or host tools which are licensed under this agreement requires a separate SOFTWARE PRODUCT RoweBots OpenSource Embedded Software Binary Distribution License. All distribution of host tools also require a RoweBots OpenSource General Binary Distribution License..
The Licensee under this SCLA shall not at any time transfer, assign or distribute in any other manner any non-commercial licenses to the Software Product without the express written approval of Rowebots, which approval may be arbitrarily withheld.
Source code redistribution of the RoweBots owned SOFTWARE PRODUCT and Planet OpenSource submitted and Rowebots owned enhancements is prohibited and any violation of this provision will cause irreparable harm and injury to RoweBots and Planet OpenSource community.
Library, binary, Flash or ROM versions of code where programming APIs are visible to programmers is prohibited under this agreement. Users must get a commercial source code distribution agreement for this or have a distribution license for the SOFTWARE PRODUCT.
New versions created by members of the Planet OpenSource community must be resubmitted to Rowebots for inclusion into the source code if there are any changes to existing files, minor additional files and bug fixes or extensions to support new hardware. All additional minor files, bug fixes or extensions must be submitted to Rowebots within three (3) months of such work being completed. All copyright, title and ownership of software and documentation submitted to Rowebots shall be irrevocably transferred to Rowebots together with the software and will be made available to the Planet OpenSource community at large. A disclaimer must be provided to Rowebots with this software stating that no known patent infringement is present in the software or the combined new version. All patent issues will be examined by RoweBots's and Planet OpenSource members before general inclusion in the shared source code which makes up the SOFTWARE PRODUCT.
RoweBots will exclusively own all rights to the SOFTWARE PRODUCT and any amendments, enhancements, inclusions in and extensions thereto.
2 DESCRIPTION OF OTHER RIGHTS AND LIMITATIONS.
Reverse engineering, recoding and any use of the SOFTWARE PRODUCT which copies the algorithms, ideas, internal concepts, and approaches is strictly prohibited. Such action will cause irreparable injury and damage to RoweBots and Planet OpenSource. Any violator of this provision agrees to an immediate injunction in all international jurisdictions to prevent further damage until the issues can be fully resolved.
RoweBots may provide you with support services related to the SOFTWARE PRODUCT ("Support Services"). Use of Support Services is governed by the RoweBots policies and programs described in the user manual, in "online" documentation, and/or in other RoweBots provided materials. Any supplemental software code provided to you as part of the Support Services shall be considered part of the SOFTWARE PRODUCT and subject to the terms and conditions of this SCLA. With respect to technical information you provide to RoweBots as part of the Support Services, RoweBots may use such information for its business purposes, including for product support and development. RoweBots will not utilize such technical information in a form that personally identifies you.
You may not transfer any of your rights under this SCLA. Separate registration is required for each participant and registration will not be unreasonably withheld.
Without prejudice to any other rights, RoweBots may terminate this SCLA if you fail to comply with the terms and conditions of this SCLA. In such event, you must immediately destroy all copies of the SOFTWARE PRODUCT and all of its component parts.
All upgrades are available to all registered members of the Planet OpenSource Community; excluding host tools which are restricted to minor version upgrades provided at current list prices.
Excluding components included only for convenience, all title and copyrights in and to the SOFTWARE PRODUCT (including but not limited to any images, photographs, animations, video, audio, music, text, and "applets" incorporated into the SOFTWARE PRODUCT), the accompanying printed materials, and any copies of the SOFTWARE PRODUCT are owned by RoweBots or its suppliers. The SOFTWARE PRODUCT is protected by copyright laws and international treaty provisions. Therefore, you must treat the SOFTWARE PRODUCT like any other copyrighted material except that you may install the SOFTWARE PRODUCT on a single computer provided you keep the original solely for backup or archival purposes. You may not copy the printed materials accompanying the SOFTWARE PRODUCT.
5 DUAL-MEDIA SOFTWARE.
You may receive the SOFTWARE PRODUCT in more than one medium. Regardless of the type or size of medium you receive, you may use only one medium that is appropriate for your single computer. You may not use or install the other medium on another computer. You may not loan, rent, lease, or otherwise transfer the other medium to another user, except as part of the permanent transfer (as provided above) of the SOFTWARE PRODUCT.
6 U.S. GOVERNMENT RESTRICTED RIGHTS.
The SOFTWARE PRODUCT and documentation are provided with RESTRICTED RIGHTS. Use, duplication, or disclosure by the Government is subject to restrictions as set forth in subparagraph (c)(1)(ii) of the Rights in Technical Data and Computer Software clause at DFARS 252.227-7013 or subparagraphs (c)(1) and (2) of the Commercial Computer Software—Restricted Rights at 48 CFR 52.227-19, as applicable. Manufacturer is RoweBots, 119 Church St. Kitchener, ON, N2G2S3, Canada.
7 EXPORT RESTRICTIONS.
You agree that you will not export or re-export the SOFTWARE PRODUCT to any country, person, entity or end user subject to restrictions imposed by Canada or the United States of America. You specifically agree not to export or re-export the SOFTWARE PRODUCT (i) to any country to which Canada or the United States of America has embargoed or restricted the export of goods or services, which currently include, but are not necessarily limited to Iran, Iraq, Libya, North Korea, Sudan and Syria, or to any national of any such country, wherever located, who intends to transmit or transport the products back to such country; (ii) to any end-user who you know or has reason to know will utilize the SOFTWARE PRODUCT in the design, development or production of nuclear, chemical or biological weapons; or (iii) to any end-user who has been prohibited from participating in Canadian export transactions by any federal agency of the Canadian government. You warrant and represent that neither the Bureau of Export Administration nor any other U.S. federal agency has suspended, revoked or denied your export privileges.
You agree that you will not distribute any commercial binary versions which include the SOFTWARE PRODUCT unless it is done under a RoweBots OpenSource Embedded Software Binary Distribution License (or the commercial equvalent) which as been legally obtained from RoweBots or its authorized distributors. You agree that for each product that the SOFTWARE PRODUCT is used on a separate RoweBots OpenSource Embedded Software Binary Distribution License will be obtained.
9. WEBSITE LINKS.
You agree that if you use the SOFTWARE PRODUCT after obtaining a corresponding RoweBots OpenSource Embedded Software Binary Distribution License, for each product that the SOFTWARE PRODUCT is used on, you will add to your web site a link to the product page for the SOFTWARE PRODUCT components that you are using. Detailed instructions on adding links are found at www.rowebots.com.
You agree that you will not publish performance results of the software without obtaining written permission from RoweBots before publishing results.
If you acquired this product in the United States, this SCLA is governed by the laws of the State of California.
If you acquired this product in Canada or elsewhere other than United States, this SCLA is governed by the laws of the Province of Ontario, Canada. Each of the parties hereto irrevocably attorns to the jurisdiction of the courts of the Province of Ontario and further agrees to commence any litigation which may arise hereunder in the courts located in the Judicial District of Waterloo, Province of Ontario.
Should you have any questions concerning this SCLA, you are required to deliver software and documentation to Rowebots under the provisions of Section 1 above, or if you desire to contact RoweBots for any reason, please contact the RoweBots distributor serving your country, or write: RoweBots, 119 Church St. Kitchener, ON N2G2S3 Canada email: email@example.com.
If you acquired THE SOFTWARE product in THE UNITED STATES OF AMERICA OR CANADA ON PHYSICAL MEDIA, the follow limited warranty applies to you:
LIMITED WARRANTY. RoweBots warrants that (a) the SOFTWARE PRODUCT will perform substantially in accordance with the accompanying written materials for a period of 365 days from the date of receipt, and (b) any Support Services provided by RoweBots shall be substantially as described in applicable written materials provided to you by RoweBots, and RoweBots support engineers will make commercially reasonable efforts to solve any problem issues. Some states and jurisdictions do not allow limitations on duration of an implied warranty, so the above limitation may not apply to you. To the extent allowed by applicable law, implied warranties on the SOFTWARE PRODUCT, if any, are limited to one year (1).
CUSTOMER REMEDIES. RoweBots's and its suppliers' entire liability and your exclusive remedy shall be, at RoweBots's option, either (a) return of the price paid, if any, or (b) repair or replacement of the SOFTWARE PRODUCT that does not meet RoweBots's Limited Warranty and which is returned to RoweBots with a copy of your receipt. This Limited Warranty is void if failure of the SOFTWARE PRODUCT has resulted from accident, abuse, or misapplication. Any replacement SOFTWARE PRODUCT will be warranted for the remainder of the original warranty period or thirty (30) days, whichever is longer. Outside the United States, neither these remedies nor any product support services offered by RoweBots are available without proof of purchase from an authorized international source.
NO OTHER WARRANTIES. To the maximum extent permitted by applicable law, RoweBots and its suppliers disclaim all other warranties and conditions, either express or implied, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, title, and non-infringement, with regard to the SOFTWARE PRODUCT, and the provision of or failure to provide Support Services. This limited warranty gives you specific legal rights. You may have others, which vary from state/jurisdiction to state/jurisdiction.
LIMITATION OF LIABILITY. To the maximum extent permitted by applicable law, in no event shall RoweBots or its suppliers be liable for any special, incidental, indirect, or consequential damages whatsoever (including, without limitation, damages for loss of business profits, business interruption, loss of business information, or any other pecuniary loss) arising out of the use of or inability to use the SOFTWARE PRODUCT or the provision of or failure to provide Support Services, even if RoweBots has been advised of the possibility of such damages. In any case, RoweBots's entire liability under any provision of this SCLA shall be limited to the greater of the amount actually paid by you for the SOFTWARE PRODUCT or U.S.$5.00; provided, however, if you have entered into a RoweBots Support Services Agreement, RoweBots's entire liability regarding Support Services shall be governed by the terms of that agreement. Because some states and jurisdictions do not allow the exclusion or limitation of liability, the above limitation may not apply to you.
IF YOU ACQUIRED THE SOFTWARE PRODUCT ON PHYSICAL MEDIA (e.g. CD-ROM), OUTSIDE THE UNITED STATES OR CANADA, FOR THE LIMITED WARRANTIES AND SPECIAL PROVISIONS PERTAINING TO YOUR PARTICULAR JURISDICTION, PLEASE REFER TO YOUR WARRANTY INFORMATION INCLUDED WITH THIS PACKAGE OR PROVIDED WITH THE SOFTWARE PRODUCT PRINTED MATERIALS.
WEB DOWNLOAD - NO WARRANTY
If you acquired THE SOFTWARE product VIA WEB DOWNLOAD, the following WARRANTY EXCLUSION applies to you:
NO WARRANTIES. RoweBots EXPRESSLY DISCLAIMS ANY LIABILITY FOR THE SOFTWARE PRODUCT. THE SOFTWARE PRODUCT AND ANY RELATED DOCUMENTATION IS PROVIDED "AS IS" WITHOUT WARRANTY OR CONDITION OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NONINFRINGEMENT. THE ENTIRE RISK ARISING OUT OF USE OR PERFORMANCE OF THE SOFTWARE PRODUCT REMAINS WITH YOU.
LIMITATION OF LIABILITY. To the maximum extent permitted by applicable law, in no event shall RoweBots or its suppliers be liable for any special, incidental, indirect, or consequential damages whatsoever (including, without limitation, damages for loss of business profits, business interruption, loss of business information, or any other pecuniary loss) arising out of the use of or inability to use the SOFTWARE PRODUCT or the provision of or failure to provide Support Services, even if RoweBots has been advised of the possibility of such damages. In any case, RoweBots's entire liability under any provision of this SCLA shall be limited to the greater of the amount actually paid by you for the SOFTWARE PRODUCT or US$5.00; provided however, if you have entered into a RoweBots Support Services Agreement, RoweBots's entire liability regarding Support Services shall be governed by the terms of that agreement. Because some states and jurisdictions do not allow the exclusion or limitation of liability, the above limitation may not apply to you.