Jak zapewnie pamiętacie, kilka dni temu pisaliśmy o pogwałceniu przez producenta RTLinuksa licencji GNU GPL. Do akcji od razu wkroczyła Free Software Foundation. Rezultatem podjętych działań jest zgoda FSMLabs na wykorzystywanie opatentowanych technologii przy tworzeniu oprogramowania GPLowego. Treść zezwolenia możecie znalezć poniżej…

GNU GPL zwyciężyło bez pośrednictwa sądu… Ciekawe, czy ktoś kiedyś zdecyduje się na nie-polubowne rozwiązanie…

                          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:                     Ľ       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;                     Ľ       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;                     Ľ       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 o
r 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.   

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