Not your grandmother’s RTOS

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QNX Non-Commercial End User License Agreement The software and related documentation that you are about to access (the "Software", as further defined below) is offered by QNX Software Systems International Corporation ("QSS"), 175 Terence Matthews Crescent, Kanata, Ontario, Canada K2M 1W8, for your use in accordance with the terms and conditions below. By answering "I ACCEPT" during the download, installation or activation of this Software, you represent that you have read, understand and agree to be bound by the terms and conditions of this QNX Non-Commercial End User License Agreement (the "EULA"). Background QSS has developed and licenses a general purpose real-time operating system known as the QNX (R) Neutrino (R) RTOS (the "Neutrino RTOS"). Its microkernel architecture provides an extensible operating system framework based on the foundational components of the Core OS technology. Additional operating system services are implemented by plugging in other modules (e.g., networking, file systems, graphics, browsers, etc.). These software products are available as part of the base QNX Neutrino RTOS Runtime, the Mass Storage Filesystem Technology, the Advanced Runtime Module, or the optional Aviage (TM) Middleware Products (collectively, the "QNX Runtime Products"). When modified or configured to operate on target hardware, the Neutrino RTOS provides a microkernel operating system with advanced memory protection, distributed processing, symmetric multiprocessing, support for multiple APIs, a dynamically upgradeable architecture, and industry-leading real-time performance. QSS also offers a related set of software development tools known as the QNX Momentics (R) Development Tools ("Momentics Tools"). Developers use the Momentics Tools to modify or configure QNX Runtime Products and to develop Neutrino RTOS applications. The Momentics Tools include compilers, debuggers, libraries, headers, utilities, sample code, test suites, etc., within an integrated development environment based on the open Eclipse IDE framework. The base QNX Neutrino RTOS Runtime, the Mass Storage Filesystem Technology and the Advanced Runtime Module are initially delivered with the Momentics Tools and are licensed for development purposes under this EULA. Aviage Middleware Products are delivered separately and may incorporate additional license terms and conditions. Collectively the QNX Runtime Products (including any optionally-licensed Aviage Middleware Products) and the Momentics Tools are known as the "QNX Development Suite" throughout this EULA. More detailed product information is available in the applicable QNX Development Suite License Guide at http://licensing.qnx.com/license-guide/ ("License Guide") a copy of which has also been included in the Software installation media (i.e., on the CD, or in the ISO image in the case of downloads) and is incorporated herein by this reference. QSS licenses the QNX Development Suite for commercial development activities. A QNX Commercial Software License Agreement ("CSLA") allows you to develop commercial QNX Runtime Product- or Momentics Tool- based applications and QNX Runtime Product derivative works, on your own or with technical support or custom engineering assistance from QSS (see http://licensing.qnx.com/services/). Commercial development licenses for Aviage Middleware Products are offered under the CSLA on a project-specific basis. These commercial licenses allow you to charge fees for your QNX Development Suite-based products or services, provided that you obtain a distribution license for any royalty bearing QNX Runtime Product components that you want to offer in their original form or as part of your derivative works (see http://licensing.qnx.com/oem-distribution/). Contact an authorized QSS sales representative for more information. Certain components of the QNX Development Suite are available from QSS under the terms of the Apache License, Version 2.0 ("Apache 2.0"), the Eclipse Public License ("EPL"), or other open source licenses. All of the open source components in the QNX Development Suite, and the licenses to which they are subject, are identified in the License Guide and the corresponding Third Party License Terms List available at http://licensing.qnx.com/third-party-terms/ ("Third Party Terms") a copy of which have also been included in the Software installation media and is incorporated herein by this reference. In addition to those licensing options, the QNX Development Suite is also offered under the terms and conditions of this QNX Non-Commercial EULA for certain non-commercial evaluation, development, or educational purposes, as specified below. TERMS AND CONDITIONS 1. Definitions. 1.1. "Development Seat" means an individual developer's workstation (whether a desktop, laptop and/or other computer) used to perform Neutrino RTOS development with the Momentics Tools. 1.2. "License Key" is a specific key, provided to you by QSS for one of the License Classes listed in Section 4 below, which unlocks the QNX Development Suite or specific components of that Software on a Development Seat. 1.3. "Licensee" (or "you") means the individual or entity that accepted and agreed to be bound by the terms and conditions of this EULA. 1.4. "Runtime Components" means components of the Software that are intended to be integrated into and distributed as an integral part of a Target System, as described in the License Guide and in Software documentation. 1.5. "Software" means computer code (in whatever form), and its associated documentation, included in any component of the QNX Development Suite delivered to you by QSS with a corresponding License Key, or otherwise expressly licensed to you by QSS pursuant to this EULA, including software and documentation updates made available to you by QSS for use under this EULA. 1.6. "Target System" means any hardware or software product for embedded devices into which the Neutrino RTOS has been wholly or partially integrated. 2. License Grant. Subject to the terms and conditions of this EULA, QSS hereby grants to Licensee (you) a limited, royalty-free, non-exclusive, personal, non-sublicensable and non-transferable license for the specific activities and purposes authorized in Sections 3 and 4 below: 2.1. under QSS copyrights, to copy and to create derivative works of the Software, and pursuant to Section 4.2.2 to distribute derivative works of the Runtime Components to third parties; and 2.2. under patent claims owned or licensable by QSS, and that are embodied in the Software as delivered by QSS, to make and to use the Software, and pursuant to Section 4.2.2 to distribute derivative works of the Runtime Components to third parties. Certain features of the Software products may require additional patent rights not included in this EULA; such features are noted in the License Guide, and include certain features of the optional Aviage Middleware Products and certain features obtained from other software or hardware vendors. QSS only licenses to you the patent rights that it owns or that it can sublicense under the terms of this EULA without payment of additional royalties. It is Licensee's (your) responsibility to identify and secure any other patent license rights necessary to make, use, import or sell any product or system containing or that uses the Software. 3. Authorized Activities. The Software is licensed only for the specific activities below when used for purposes listed under the applicable License Class in Section 4: 3.1. installing the Software on and following normal backup and archiving practices for one (1) Development Seat per License Key; and 3.2. using the Software on one (1) Development Seat per License Key in order to create, compile, link, install and use Runtime Components, derivative works of Runtime Components, and new or existing Neutrino RTOS or Momentics Tool applications or modules; and 3.3. installing and using Runtime Components, or software created pursuant to Section 3.2, on up to five (5) Target Systems per License Key in order to develop, test or maintain Target Systems. 4. Licensee Classes. You qualify for one of the following licenses by completing a registration form at http://www.qnx.com/ and obtaining the appropriate License Key from QSS, and by using the Software only for the purposes specified below. QSS may require written confirmation of your ongoing license qualifications within ten (10) days of notice to the address provided for delivery of your License Key. 4.1. Evaluation License. You have an "Evaluation License" if you activate your Development Seat with a ninety (90) day Evaluation License Key obtained from QSS after confirming your qualifications during registration. With an Evaluation License you may: 4.1.1. use the Software to for the purpose of determining the suitability of Runtime Components for use in Target Systems; and 4.1.2. use the Software for the purpose of conducting exploratory development or proof-of-concept prototyping of Target systems. For greater certainty, an Evaluation License does not authorize you to use the Software for internally approved commercial Target System development. 4.2. Non-Commercial Developer License. You have a "Non-Commercial Developer License" if you activate your Development Seat with a perpetual Non-Commercial Developer License Key obtained from QSS after confirming your qualifications during registration. With a Non-Commercial Developer License you may use the Software for the following purposes, but only to the extent and for so long as Licensee's (your) use continues to be for non-commercial purposes: 4.2.1. use the Software for personal activities or for experimentation or self-training purposes. This includes the activities described in Sections 4.1.1 and 4.1.2 above, as well as extending hardware or peripheral support for the Neutrino RTOS, developing new applications for or porting existing applications to the Neutrino RTOS or the Momentics Tools, participating in projects at the QNX developer community site hosted by QSS (the "myQNX Portal"), and demonstrating Target Systems to and sharing information with others, provided that you do not leave copies with third parties. IT DOES NOT INCLUDE ANY USE IN OR FOR ANY COMMERCIAL UNDERTAKING; and 4.2.2. distribute your derivative works of Runtime Components, in any form, for the sole purpose of enabling other Neutrino RTOS developers to adopt your modifications, provided you license your modifications to the Runtime Components, free of charge, under terms consistent with this EULA and exclusively for use by others in substitution for a corresponding number of QSS-licensed copies of the unmodified Runtime Components. For greater certainty, THIS EULA DOES NOT AUTHORIZE YOU TO DISTRIBUTE any of the QNX Development Suite, or any Runtime Components thereof, as part of your derivative works (except to the extent that QSS or its contributors have expressly licensed that portion of the Software to you under an open source license) unless your licensee already has its own license for the underlying Software from QSS; and 4.2.3. use the Software to work with other authorized and licensed QNX Development Suite developers to facilitate teamwork in not-for-profit academic development labs or in non- commercial group projects, including community projects at the myQNX Portal. This includes use by students and faculty members in their research and course work, but does not include use to conduct research or development in or for a commercial undertaking; and 4.2.4. use the Software to undertake other activities authorized by QSS in writing either through the myQNX Portal, at http://licensing.qnx.com/nceula-faq/, or by email from licensing@qnx.com. 4.3. Academic Faculty License. You have an "Academic Faculty License" if you activate your Development Seat with a perpetual Academic Faculty License Key obtained from QSS after confirming your qualifications during registration. With an Academic Faculty License you may: 4.3.1. use the Software for the purpose of teaching classroom or laboratory courses at a not-for-profit accredited educational institution. You may perform the authorized activities in Section 3 on multiple Development Seats to establish the classroom or lab environment using the institution's computers for shared use by students who have agreed to use your (Licensee's) License Key and the shared Development Seats in accordance with the Non-Commercial Developer License terms of this EULA. 5. Authentication. When you activate the Software with your License Key QSS may record your Development Seat's IP address. QSS does not collect any personally identifiable information; however, you agree that QSS may use your IP address in connection with your License Key for the purpose of verifying compliance with the terms of this EULA and any other agreements between you and QSS relating to software provided by QSS. 6. Marking of Software and Derivative Works. You must document Software source code to identify and date any changes you make to the Software to create your derivative works. You must include in the source code, and in any notice in an executable version or related documentation in which you describe the origin or ownership of your code, a prominent statement that your derivative work is derived, directly or indirectly, from software provided by QSS. You may not remove from the Software source code any previous copyright, patent, trademark, licensing, or other attribution notices placed there by QSS or other contributors to that Software. 7. Prohibited Activities. You may not: 7.1. decompile, disassemble, decrypt, extract, unbundle, translate, or otherwise attempt or assist others to reverse engineer any part of the Software except as permitted by an open source license applying to a specific part of the Software, or when permitted by an applicable law to correct defects or to achieve interoperability with complementary programs and only if QSS has refused to provide the necessary information or assistance. Except for published source code files that are expressly identified by QSS as open source software, the Software IS NOT OPEN SOURCE; or 7.2. alter, remove, or cover any trademark, logo, proprietary or licensing notices, labels, or marks in or on any part of the Software. You agree to exercise reasonable efforts to ensure that all copies of the Software bear the same notices, labels, and marks contained in or on the original Software; or 7.3. apply for multiple License Keys for an individual developer, allow shared use of Software on Development Seats or shared use of License Keys (except as expressly permitted in Section 4.3), disclose or distribute License Keys to any others, use unauthorized License Keys, or circumvent the key activation mechanisms contained in the Software or at the myQNX Portal. You agree that License Keys are the confidential information of QSS; or 7.4. download or transfer the Software to: (i) any country prohibited by United States and/or Canadian laws and regulations; (ii) any person or entity prohibited from receiving United States and/or Canadian exports (including, but not limited to, those involved with missile technology or nuclear, chemical or biological weapons); or (iii) any country which requires an import or use permit for encryption technology. You (Licensee) represent and warrant that you are not in one of the restricted countries and are not one of the restricted individuals or entities referred to above. You understand that the import or export of the Software may be regulated by some governments due to the Software's encryption capabilities. You accept sole responsibility to ensure that your uses of the Software comply with the law; or 7.5. use the Software in any application in which death, personal injury, or severe physical or property damage is a foreseeable consequence of Software use or failure (collectively, "High-Risk Applications") including, but not limited to, the operation of nuclear facilities, mass transit systems, aircraft navigation or aircraft communications systems, air traffic control, weapon systems, and direct life-support machines. QSS expressly disclaims any express or implied warranty or condition of fitness for High-Risk Applications; or 7.6. use to pursue any formal qualification, certification, or designation, unless it is for a specific end user device or unless QSS has provided its express written consent. 8. Preservation of Rights. Except as expressly authorized by QSS, you may not create derivative works of the Software, or distribute the Software or derivative works thereof, in any manner that would cause or require the disclosure of confidential source code of proprietary components of the Software, or cause the Software, in whole or in part to become subject to the terms or any license that contradicts the terms of this EULA or that would not protect the rights and obligations of the parties hereunder. 9. Third Party Software. Portions of the QNX Development Suite contain third-party software that is licensed to QSS for limited purposes under terms different from this EULA, and is therefore provided to you under those different terms. Such licenses include but are not limited to the EPL, GPL, LGPL, MPL, and other open source licenses. QSS may also include certain third party applications in the Software that are provided to you solely for demonstration and internal evaluation/trial purposes. Those third party license terms, and any notices required to be provided by those third party licensors, are set out in the License Guide and in the corresponding Third Party Terms. If the License Guide or Third Party Terms do not contain information about a particular module, then any notices in the corresponding source code shall prevail. You are solely responsible for ensuring that limited-use software (such as device drivers limited to use with specific hardware manufacturers' products, or evaluation/trial versions of certain applications) is not used outside of the limits stated. Updated License Guides and Third Party Terms may be issued for each new version of the Software. You are solely responsible for reviewing and complying with new versions if you adopt Software updates. You are also responsible for reviewing source code and corresponding documentation for any third party derivative works of Runtime Components that you elect to adopt in substitution for unmodified QSS-licensed copies (see Section 4.2.2) for any supplementary terms and conditions that apply to the third party's modifications to the underlying Software. 10. Ownership and Reserved Rights. QSS and its licensors retain all right, title and interest in and to the Software. QSS and its licensors reserve all rights in the Software not expressly licensed by this EULA including, without limitation, copyrights and patent rights. Subject to any underlying rights in the Software and the terms and conditions of this EULA, all right, title and interest in and to any derivative works of Software and other application software that you develop pursuant to this EULA shall be retained by you. No trademarks or service marks of QSS or its licensors are licensed by this EULA, and you understand and agree that QSS trademarks or service mark may not be applied to your goods or services without the express written permission of QSS. 11. U.S. Government Rights. If you are a U.S. government or quasi- government entity, then you should be aware that the Software is a "commercial item", as that term is defined in 48 C.F.R. 2.101 (Oct. 1995), consisting of "commercial computer software" and "commercial computer software documentation", as such terms are used in 48 C.F.R. 12.1212 (Sept. 1995). Consistent with 48 C.F.R. 12.1212 and 48 C.F.R. 227.7202-1 through 227.7202-4 (June 1995), all such customers acquire the Software with only those rights set forth herein. Use, duplication, or disclosure by the U.S. government is subject to restrictions as provided in DFARS 227.7202-1(a) and 227.7202-3(a) (1995), DFARS 252.227-7013 (c)(1)(ii) (OCT 1988), FAR 12.212(a)(1995), FAR 52.227-19, or FAR 52.227-14 (ALT III), as applicable. QNX Software Systems International Corporation is the licensor. 12. No Support Services. Support from QSS is only available under separate agreement and is not included in this EULA. You are encouraged to participate in and seek support from the QNX developer community on the myQNX Portal. 13. Early Access. In order to give you the earliest possible access to the latest QNX Development Suite technology, QSS may provide you with access to pre-release versions of the Software. These versions may not have been fully optimized and tested, and may be unreliable. 14. NO WARRANTY. The Software licensed under this EULA is provided "AS IS" and WITHOUT WARRANTIES OF ANY KIND, including without limitation any implied warranties and conditions of merchantability, fitness for a particular purpose, and non-infringement. QSS DOES NOT WARRANT AND NOTHING IN THIS EULA IMPLIES ANY WARRANTY that the operation of Software will be uninterrupted or error free, or that any errors found will be corrected. This section shall survive termination and shall apply notwithstanding the failure of essential purpose of any limited remedy. 15. LIMITATION OF LIABILITY. IN NO EVENT WILL QSS, or its affiliates, or their officers, employees, agents, suppliers, distributors, or licensors (collectively "QSS and its Representatives") BE LIABLE TO LICENSEE OR TO ANY THIRD PARTY for any indirect, incidental, special or consequential damages whatsoever including, but not limited to, lost revenue, lost or damaged data, or other commercial or economic loss, arising out of or relating to any use or inability to use Software, even if QSS has been advised of the possibility of such damage or claim. IN NO EVENT WILL THE AGGREGATE LIABILITY TO YOU OF QSS AND ITS REPRESENTATIVES FOR ANY DAMAGES ARISING OUT OF OR RELATING TO THIS EULA, WHETHER IN CONTRACT, TORT, OR OTHERWISE, EXCEED ONE HUNDRED U.S. DOLLARS ($100.00). This section shall survive termination and shall apply notwithstanding the failure of essential purpose of any limited remedy. 16. Termination. This EULA shall terminate immediately upon your failure to meet the qualifications for a License Key for one of the License Classes listed in Section 4, your breach of any one of the prohibitions in Section 7, or upon the expiration of the License Key, whichever occurs first. QSS may terminate this EULA upon thirty (30) days written notice to you of your breach of a material term herein. You may terminate this EULA at any time for any reason. QSS may immediately terminate your rights to the Software, in whole or in part, if QSS reasonably believes the Software infringes intellectual property rights or misappropriates trade secrets of a third party and QSS has been unable to either procure for you the right to continue using the Software for free, or replace or modify the infringing Software with free non-infringing software of comparable function. Upon termination, you shall immediately destroy all whole or partial copies of the Software and License Keys used under this EULA that are in your possession or control. Termination is without prejudice to any right or remedy that may have accrued or be accruing to either party prior to termination. 17. Defensive Termination for Patent Infringement Action. This EULA shall terminate as of the date you institute patent litigation (including a cross-claim or counterclaim in a lawsuit) in any jurisdiction against any entity alleging that the Software infringes or contributes to the infringement of a patent. 18. Governing Law. This EULA shall be governed by and construed in accordance with the laws in force in the Province of Ontario, Canada, without regard to the conflicts of laws provisions thereof. The parties hereby irrevocably waive (i) the provisions of the United Nations Convention on Contracts for the International Sale of Goods, and (ii) any right to a trial by jury regarding the resolution of any dispute between the parties hereto arising out of or in connection with this EULA. 19. Arbitration. It is the intention of the parties to settle any dispute relating to this EULA; however, if the parties cannot settle any such dispute themselves, then such dispute shall be arbitrated and finally settled under the provisions of the Arbitration Act of Ontario and the National Arbitration Rules of the ADR Institute of Canada, Inc. The place of arbitration shall be Ottawa, Ontario, Canada. The language of the arbitration shall be English. The decision of the arbitrator shall be final and binding on the parties. The prevailing party shall be entitled to recover its costs and expenses from the arbitration, including reasonable attorney's fees. 20. Assignment. This EULA may not be assigned in whole or in part to any third party without the prior written consent of QSS. Any attempted assignment in violation of the foregoing will be void and of no effect. This EULA will inure to the benefit of and be binding upon the parties and their respective successors and permitted assigns. 21. Execution and Acceptance. Nothing but this EULA (or another written agreement between you and QSS) authorizes you to undertake any of the activities described in this EULA, and doing so in contravention of these terms and conditions is breach of contract and/or copyright or patent infringement. When you enter your License Key to unlock the Software this EULA will be displayed for your review and acceptance. Choosing "I ACCEPT" during that process constitutes your execution and acceptance of this EULA. 22. Whole Agreement. This EULA, including the License Guide and Third Party Terms, constitutes the entire agreement between the parties pertaining to its subject matter and supersedes any prior or contemporaneous agreement, representation, statement, negotiation, undertaking dealing with the same subject matter. The provisions of this EULA shall prevail in the event of a conflict between any of its provisions and the License Guide or Third Party Terms, or any inconsistent or additional terms or conditions of either party's purchase orders or invoices. No amendment, modification or waiver of any part of this EULA will be binding unless in a written document that expressly refers to this EULA and that is signed by both parties. 23. Developer Experience. QSS may contact you to ask about your impressions of the Software, the QNX Development Suite, the myQNX Portal or the QNX developer community. In consideration for the free license rights granted to you under this EULA you agree to provide your feedback. QNX, Neutrino and Momentics are registered trademarks of QNX Software Systems GmbH & Co. KG and are used under license by QNX Software Systems International Corporation. Document Version: NCEULA.001.Sep6-07

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