| <html><head><meta http-equiv="Content-Type" content="text/html; charset=ISO-8859-1"><title>B.2. Sourcery G++ Software License Agreement</title><link rel="stylesheet" href="cs.css" type="text/css"><meta name="generator" content="DocBook XSL Stylesheets V1.74.0"><link rel="home" href="index.html" title="Sourcery G++ Lite"><link rel="up" href="chap-license.html" title="Appendix B. Sourcery G++ Lite Licenses"><link rel="prev" href="chap-license.html" title="Appendix B. Sourcery G++ Lite Licenses"><link rel="next" href="apbs03.html" title="B.3. Attribution"></head><body bgcolor="white" text="black" link="#0000FF" vlink="#840084" alink="#0000FF"><div class="navheader"><table width="100%" summary="Navigation header"><tr><th colspan="3" align="center">B.2. Sourcery G++ Software License Agreement</th></tr><tr><td width="20%" align="left"><a accesskey="p" href="chap-license.html">Prev</a> </td><th width="60%" align="center">Appendix B. Sourcery G++ Lite Licenses</th><td width="20%" align="right"> <a accesskey="n" href="apbs03.html">Next</a></td></tr></table><hr></div><div class="section" lang="en"><div class="titlepage"><div><div><h2 class="title" style="clear: both"><a name="sec-eval-agreement"></a>B.2. <span class="trademark">Sourcery G++</span>™ Software License Agreement</h2></div></div></div><div class="orderedlist"><ol type="1"><li><p><b>Parties. </b> | |
| The parties to this Agreement are you, the licensee | |
| (“<span class="quote">You</span>” or “<span class="quote">Licensee</span>”) | |
| and CodeSourcery. If You are not acting on behalf of Yourself as an | |
| individual, then “<span class="quote">You</span>” means Your company or organization. | |
| </p></li><li><p><b>The Software. </b> | |
| The Software licensed under this Agreement consists of | |
| computer programs and documentation referred to as <span class="trademark">Sourcery G++</span>™ Lite Edition | |
| (the “<span class="quote">Software</span>”). | |
| </p></li><li><p><b>Definitions. </b></p><div class="orderedlist"><table border="0"><col align="left" valign="top"><tbody><tr><td>3.1.</td><td><p><b>CodeSourcery Proprietary Components. </b> | |
| The components of the Software that are owned and/or licensed | |
| by CodeSourcery and are not subject to a “<span class="quote">free software</span>” or | |
| “<span class="quote">open source</span>” license, such as the GNU Public License. The | |
| CodeSourcery Proprietary Components of the Software include, | |
| without limitation, the Sourcery G++ Installer, any Sourcery | |
| G++ Eclipse plug-ins, the CodeSourcery C Library (CSLIBC), | |
| and any Sourcery G++ Debug Sprite. For | |
| a complete list, refer to the <em class="citetitle">Getting Started | |
| Guide</em> included with the distribution. | |
| </p></td></tr><tr><td>3.2.</td><td><p><b>Open Source Software Components. </b> | |
| The components of the Software that are subject to | |
| a “<span class="quote">free software</span>” or “<span class="quote">open source</span>” | |
| license, such as the GNU Public License. | |
| </p></td></tr><tr><td>3.3.</td><td><p><b>Proprietary Rights. </b> | |
| All rights in and to copyrights, rights to register | |
| copyrights, trade secrets, inventions, patents, patent | |
| rights, trademarks, trademark rights, confidential and | |
| proprietary information protected under contract or otherwise | |
| under law, and other similar rights or interests in | |
| intellectual or industrial property. | |
| </p></td></tr><tr><td>3.4.</td><td><p><b>Redistributable Components. </b> | |
| The CodeSourcery Proprietary Components that are intended to be | |
| incorporated or linked into Licensee object code developed with | |
| the Software. | |
| The Redistributable Components of the Software include, | |
| without limitation, CSLIBC and the | |
| CodeSourcery Common Startup Code Sequence (CS3). | |
| For a complete list, refer to the | |
| <em class="citetitle">Getting Started Guide</em> | |
| included with the distribution. | |
| </p></td></tr></tbody></table></div></li><li><p><b>License Grant to Proprietary Components of the Software. </b> | |
| You are granted a non-exclusive, royalty-free license | |
| (a) to install and use the CodeSourcery Proprietary Components of the | |
| Software, | |
| (b) to transmit the CodeSourcery Proprietary Components | |
| over an internal computer network, | |
| (c) to copy the CodeSourcery Proprietary Components for Your internal use | |
| only, and | |
| (d) to distribute the Redistributable Component(s) in binary form only | |
| and only as part of Licensee object code developed with the Software | |
| that provides substantially different functionality than the | |
| Redistributable Component(s). | |
| </p></li><li><p><b>Restrictions. </b> | |
| You may not: (i) copy or permit others to use the | |
| CodeSourcery Proprietary Components of the Software, except | |
| as expressly provided above; (ii) distribute the | |
| CodeSourcery Proprietary Components of the Software to any | |
| third party, except as expressly provided above; | |
| or (iii) reverse engineer, decompile, or | |
| disassemble the CodeSourcery Proprietary Components of the Software, | |
| except to the extent this restriction is expressly | |
| prohibited by applicable law. | |
| </p><div class="orderedlist"><table border="0"><col align="left" valign="top"><tbody><tr><td>5.1.</td><td></td></tr></tbody></table></div></li><li><p><b>“<span class="quote">Free Software</span>” or “<span class="quote">Open Source</span>” | |
| License to Certain Components of the Software. </b> | |
| This Agreement does not limit Your rights under, or grant You | |
| rights that supersede, the license terms of any Open Source | |
| Software Component delivered to You by CodeSourcery. Sourcery | |
| G++ includes components provided under various different | |
| licenses. The <em class="citetitle">Getting Started Guide</em> | |
| provides an overview of which license applies to different | |
| components, and, for components subject to the Eclipse Public License, | |
| contains information on how to obtain the source code. | |
| Definitive licensing information for each | |
| “<span class="quote">free software</span>” or “<span class="quote">open source</span>” | |
| component is available in the relevant source file. | |
| </p></li><li><p><b>CodeSourcery Trademarks. </b> | |
| Notwithstanding any provision in a “<span class="quote">free software</span>” or “<span class="quote">open | |
| source</span>” license agreement applicable to a component of the | |
| Software that permits You to distribute such component to a | |
| third party in source or binary form, You may not use any | |
| CodeSourcery trademark, whether registered or unregistered, | |
| including without limitation, <span class="trademark">CodeSourcery</span>™, <span class="trademark">Sourcery G++</span>™, the CodeSourcery | |
| crystal ball logo, or the Sourcery G++ splash screen, or any | |
| confusingly similar mark, in connection with such | |
| distribution, and You may not recompile the Open Source | |
| Software Components with the | |
| <code class="option">--with-pkgversion</code> or | |
| <code class="option">--with-bugurl</code> configuration options that | |
| embed CodeSourcery trademarks in the resulting binary. | |
| </p></li><li><p><b>Term and Termination. </b> | |
| This Agreement shall remain in effect unless terminated pursuant to | |
| this provision. CodeSourcery may terminate this Agreement upon | |
| seven (7) days written notice of a material breach of this Agreement | |
| if such breach is not cured; provided that the unauthorized use, | |
| copying, or distribution of the CodeSourcery Proprietary Components | |
| of the Software will be deemed a material breach that cannot be | |
| cured. | |
| </p></li><li><p><b>Transfers. </b> | |
| You may not transfer any rights under this Agreement without the | |
| prior written consent of CodeSourcery, which consent shall not be | |
| unreasonably withheld. A condition to any transfer or assignment | |
| shall be that the recipient agrees to the terms of this Agreement. | |
| Any attempted transfer or assignment in violation of this provision | |
| shall be null and void. | |
| </p></li><li><p><b>Ownership. </b> | |
| CodeSourcery owns and/or has licensed the CodeSourcery | |
| Proprietary Components of the Software and all intellectual | |
| property rights embodied therein, including copyrights and | |
| valuable trade secrets embodied in its design and coding | |
| methodology. The CodeSourcery Proprietary Components of the | |
| Software are protected by United States copyright laws and | |
| international treaty provisions. CodeSourcery also owns all | |
| rights, title and interest in and with respect to its trade | |
| names, domain names, trade dress, logos, trademarks, service | |
| marks, and other similar rights or interests in intellectual | |
| property. This Agreement provides You only a limited use | |
| license, and no ownership of any intellectual property. | |
| </p></li><li><p><b>Warranty Disclaimer; Limitation of Liability. </b> | |
| CODESOURCERY AND ITS LICENSORS PROVIDE THE | |
| SOFTWARE “<span class="quote">AS-IS</span>” AND PROVIDED WITH ALL FAULTS. | |
| CODESOURCERY DOES NOT MAKE ANY WARRANTY OF ANY KIND, EXPRESS OR | |
| IMPLIED. CODESOURCERY SPECIFICALLY DISCLAIMS THE IMPLIED WARRANTIES | |
| OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY, FITNESS FOR A PARTICULAR | |
| PURPOSE, SYSTEM INTEGRATION, AND DATA ACCURACY. THERE IS NO WARRANTY | |
| OR GUARANTEE THAT THE OPERATION OF THE SOFTWARE WILL BE | |
| UNINTERRUPTED, ERROR-FREE, OR VIRUS-FREE, OR THAT THE SOFTWARE WILL | |
| MEET ANY PARTICULAR CRITERIA OF PERFORMANCE, QUALITY, ACCURACY, | |
| PURPOSE, OR NEED. YOU ASSUME THE ENTIRE RISK OF SELECTION, | |
| INSTALLATION, AND USE OF THE SOFTWARE. THIS DISCLAIMER OF WARRANTY | |
| CONSTITUTES AN ESSENTIAL PART OF THIS AGREEMENT. NO USE OF THE | |
| SOFTWARE IS AUTHORIZED HEREUNDER EXCEPT UNDER THIS DISCLAIMER. | |
| </p></li><li><p><b>Local Law. </b> | |
| If implied warranties may not be disclaimed under | |
| applicable law, then ANY IMPLIED WARRANTIES ARE LIMITED IN DURATION | |
| TO THE PERIOD REQUIRED BY APPLICABLE LAW. | |
| </p></li><li><p><b>Limitation of Liability. </b> | |
| INDEPENDENT OF THE FORGOING PROVISIONS, IN NO | |
| EVENT AND UNDER NO LEGAL THEORY, INCLUDING WITHOUT LIMITATION, TORT, | |
| CONTRACT, OR STRICT PRODUCTS LIABILITY, SHALL CODESOURCERY BE LIABLE | |
| TO YOU OR ANY OTHER PERSON FOR ANY INDIRECT, SPECIAL, INCIDENTAL, OR | |
| CONSEQUENTIAL DAMAGES OF ANY KIND, INCLUDING WITHOUT LIMITATION, | |
| DAMAGES FOR LOSS OF GOODWILL, WORK STOPPAGE, COMPUTER MALFUNCTION, OR | |
| ANY OTHER KIND OF COMMERCIAL DAMAGE, EVEN IF CODESOURCERY HAS BEEN | |
| ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THIS LIMITATION SHALL | |
| NOT APPLY TO LIABILITY FOR DEATH OR PERSONAL INJURY TO THE EXTENT | |
| PROHIBITED BY APPLICABLE LAW. IN NO EVENT SHALL CODESOURCERY'S | |
| LIABILITY FOR ACTUAL DAMAGES FOR ANY CAUSE WHATSOEVER, AND REGARDLESS | |
| OF THE FORM OF ACTION, EXCEED THE AMOUNT PAID BY YOU IN FEES | |
| UNDER THIS AGREEMENT DURING THE PREVIOUS ONE YEAR PERIOD. | |
| </p></li><li><p><b>Export Controls. </b> | |
| You agree to comply with all export laws and | |
| restrictions and regulations of the United States or foreign agencies | |
| or authorities, and not to export or re-export the Software or any | |
| direct product thereof in violation of any such restrictions, laws or | |
| regulations, or without all necessary approvals. As applicable, each | |
| party shall obtain and bear all expenses relating to any necessary | |
| licenses and/or exemptions with respect to its own export of the | |
| Software from the U.S. Neither the Software nor the underlying | |
| information or technology may be electronically transmitted or | |
| otherwise exported or re-exported (i) into Cuba, Iran, Iraq, Libya, | |
| North Korea, Sudan, Syria or any other country subject to U.S. trade | |
| sanctions covering the Software, to individuals or entities | |
| controlled by such countries, or to nationals or residents of such | |
| countries other than nationals who are lawfully admitted permanent | |
| residents of countries not subject to such sanctions; or (ii) to | |
| anyone on the U.S. Treasury Department's list of Specially Designated | |
| Nationals and Blocked Persons or the U.S. Commerce Department's Table | |
| of Denial Orders. By downloading or using the Software, Licensee | |
| agrees to the foregoing and represents and warrants that it complies | |
| with these conditions. | |
| </p></li><li><p><b>U.S. Government End-Users. </b> | |
| The Software is a “<span class="quote">commercial item,</span>” | |
| as that term is defined in 48 C.F.R. 2.101 (Oct. 1995), consisting of | |
| “<span class="quote">commercial computer software</span>” and “<span class="quote">commercial | |
| computer software documentation,</span>” as such terms are used in 48 | |
| C.F.R. 12.212 (Sept. 1995). Consistent with 48 C.F.R. 12.212 and 48 | |
| C.F.R. 227.7202-1 through 227.7202-4 (June 1995), all U.S. Government | |
| End Users acquire the Software with only those rights set forth | |
| herein. | |
| </p></li><li><p><b>Licensee Outside The U.S. </b> | |
| If You are located outside the U.S., then the | |
| following provisions shall apply: (i) Les parties aux presentes | |
| confirment leur volonte que cette convention de meme que tous les | |
| documents y compris tout avis qui siy rattache, soient rediges en | |
| langue anglaise (translation: “<span class="quote">The parties confirm that this | |
| Agreement and all related documentation is and will be in the English | |
| language.</span>”); and (ii) You are responsible for complying with | |
| any local laws in your jurisdiction which might impact your right to | |
| import, export or use the Software, and You represent that You have | |
| complied with any regulations or registration procedures required by | |
| applicable law to make this license enforceable. | |
| </p></li><li><p><b>Severability. </b> | |
| If any provision of this Agreement is declared invalid or | |
| unenforceable, such provision shall be deemed modified to the extent | |
| necessary and possible to render it valid and enforceable. In any | |
| event, the unenforceability or invalidity of any provision shall not | |
| affect any other provision of this Agreement, and this Agreement | |
| shall continue in full force and effect, and be construed and | |
| enforced, as if such provision had not been included, or had been | |
| modified as above provided, as the case may be. | |
| </p></li><li><p><b>Arbitration. </b> | |
| Except for actions to protect intellectual property rights and to | |
| enforce an arbitrator's decision hereunder, all disputes, | |
| controversies, or claims arising out of or relating to this Agreement | |
| or a breach thereof shall be submitted to and finally resolved by | |
| arbitration under the rules of the American Arbitration Association | |
| (“<span class="quote">AAA</span>”) then in effect. There shall be one arbitrator, | |
| and such arbitrator shall be chosen by mutual agreement of the | |
| parties in accordance with AAA rules. The arbitration shall take | |
| place in Granite Bay, California, and may be conducted by telephone | |
| or online. The arbitrator shall apply the laws of the State of | |
| California, USA to all issues in dispute. The controversy or claim | |
| shall be arbitrated on an individual basis, and shall not be | |
| consolidated in any arbitration with any claim or controversy of any | |
| other party. The findings of the arbitrator shall be final and | |
| binding on the parties, and may be entered in any court of competent | |
| jurisdiction for enforcement. Enforcements of any award or judgment | |
| shall be governed by the United Nations Convention on the Recognition | |
| and Enforcement of Foreign Arbitral Awards. Should either party file | |
| an action contrary to this provision, the other party may recover | |
| attorney's fees and costs up to $1000.00. | |
| </p></li><li><p><b>Jurisdiction And Venue. </b> | |
| The courts of Placer County in the State of | |
| California, USA and the nearest U.S. District Court shall be the | |
| exclusive jurisdiction and venue for all legal proceedings that are | |
| not arbitrated under this Agreement. | |
| </p></li><li><p><b>Independent Contractors. </b> | |
| The relationship of the parties is that of independent | |
| contractor, and nothing herein shall be construed to create a | |
| partnership, joint venture, franchise, employment, or agency | |
| relationship between the parties. Licensee shall have no | |
| authority to enter into agreements of any kind on behalf of | |
| CodeSourcery and shall not have the power or authority to bind | |
| or obligate CodeSourcery in any manner to any third party. | |
| </p></li><li><p><b>Force Majeure. </b> | |
| Neither CodeSourcery nor Licensee shall be liable for damages | |
| for any delay or failure of delivery arising out of causes | |
| beyond their reasonable control and without their fault or | |
| negligence, including, but not limited to, Acts of God, acts of | |
| civil or military authority, fires, riots, wars, embargoes, or | |
| communications failure. | |
| </p></li><li><p><b>Miscellaneous. </b> | |
| This Agreement constitutes the entire understanding of the parties | |
| with respect to the subject matter of this Agreement and merges all | |
| prior communications, representations, and agreements. This Agreement | |
| may be modified only by a written agreement signed by the parties. | |
| If any provision of this Agreement is held to be unenforceable for | |
| any reason, such provision shall be reformed only to the extent | |
| necessary to make it enforceable. This Agreement shall be construed | |
| under the laws of the State of California, USA, excluding rules | |
| regarding conflicts of law. The application of the United Nations | |
| Convention of Contracts for the International Sale of Goods is | |
| expressly excluded. This license is written in English, and English | |
| is its controlling language. | |
| </p></li></ol></div></div><div class="navfooter"><hr><table width="100%" summary="Navigation footer"><tr><td width="40%" align="left"><a accesskey="p" href="chap-license.html">Prev</a> </td><td width="20%" align="center"><a accesskey="u" href="chap-license.html">Up</a></td><td width="40%" align="right"> <a accesskey="n" href="apbs03.html">Next</a></td></tr><tr><td width="40%" align="left" valign="top">Appendix B. Sourcery G++ Lite Licenses </td><td width="20%" align="center"><a accesskey="h" href="index.html">Home</a></td><td width="40%" align="right" valign="top"> B.3. Attribution</td></tr></table></div></body></html> |