Other Certificate / Approval
Readme for 3rd Party Software
Issue: 14-Sep-2016 page 8/12
© Copyright 2017, Siemens Schweiz AG Unrestricted
LICENSE CONDITIONS AND COPYRIGHT NOTICES FOR OpenRTOS - 7.5.2 - for TM4C1xx & GCC
Please find the license conditions and copyright notices applicable for OpenRTOS - 7.5.2 - for TM4C1xx & GCC
License conditions:
WITTENSTEIN high integrity systems
a division of WITTENSTEIN aerospace & simulation ltd
OPENRTOS SOFTWARE LICENCE AGREEMENT
including
SUPPORT and MAINTENANCE AGREEMENT
This Licence Agreement (the
Agreement
) is entered into at the date of the last signature in
Appendix A (the Effective Date ) by and between the Licensee defined in Appendix A and
WITTENSTEIN aerospace & simulation ltd, a corporation registered under the laws of England and
trading as WITTENSTEIN high integrity systems (
WHIS ), who are together referred to
hereinafter as the Parties.
BACKGROUND
WHEREAS, WHIS desires to grant the Licensee a licence to use WHIS Software under the conditions
set out in this Agreement.
WHEREAS, the Licensee wishes to use the Software embedded within its Products and agrees to be
bound by this Agreement.
The Software is protected by intellectual property laws and treaties. The Software is licenced
not sold.
NOW, THEREFORE, in consideration of the foregoing and of the mutual promises contained in this
Agreement, the Parties hereby agree as follows:
1. DEFINITIONS
The following terms have the meanings set forth below:
1.1 Derivative Works means any port, work, improvement, modification, alteration,
enhancement, translation, adaptation of, or documentation, of the Software, in any medium,
format or form whatsoever.
1.2
Software means the WHIS Software in source code and object code as specified in Appendix
A and such releases as are provided under a valid Support and Maintenance Agreement between the
Licensee and WHIS.
1.3
User or Licensee is any person, organization or entity modifying the source code of the
Software in any form or creating or editing code that uses the Software
s Application
Programming Interface.
1.4 Product is the hardware component or device named in Appendix A utilising an application
containing the Software and distributed by the Licensee. If a new version or modification of
the Product is created that contains such significant differences from the previous versions as
to be generally accepted in the marketplace as constituting a new product then this is
considered a new product under this licence.
2. LICENCE GRANT
2.1 WHIS hereby grants to the Licensee, under all of WHIS intellectual property rights a
perpetual, royalty-free, non-exclusive, worldwide licence to manufacture and have manufactured
and distribute the Product incorporating and using the Software listed in Appendix A, AND
subject to the restrictions and limitations on use and distribution listed in Appendix A, and
detailed in the Licence Grant as follows:
a) use, modify, enhance, develop and compile the Software and create Derivative Works as a part
of the Product
s development; b) use, import, export, make or hav
e made, sell, offer for sale
and supply copies of the Product incorporating and using the Software and Derivative Works,
provided that any distribution of the
Software or Derivative Works thereof (other than to contractors of the Licensee) shall be in
object code format only for use in or with the Product; c) make as many copies of the Software
and Derivative Works as may be necessary to enable the Licensee to use the Software and
Derivative Works as permitted under this Clause 2;
and provided the Licensee does not:
d) distribute the Software in source code form or as a part of a library that can be linked
into third party software; e) copy, reverse engineer all or part of the Software or support,
incentivise or encourage others to do so; f) communicate or publish any performance or
statistical data specific to the Software.
.2 The licence grant set forth in this Clause 2 includes the right for the Licensee to use
subcontractors to perform any or all of the activities set forth at Clause 2 on behalf of the
Licensee provided such subcontractors perform such activities under an agreement with the
Licensee that offers the same protection to WHIS as set out in this agreement.
3. OWNERSHIP AND CONFIDENTIALITY
3.1 Ownership. WHIS retains all rights, title, and interest in and to the Software and
Documentation.
3.2 Confidentiality. Each party will use the same degree of care to protect the confidential
information of the other party as it takes with respect to its own confidential information of
like or similar importance, but in no event less than reasonable care. The obligations set
forth in this Clause 3.2 shall not apply to information that:
a) was already known to the recipient without any obligation of confidentiality; b) is or
becomes available to the public or otherwise part of the public domain without breach of this
Agreement; c) is received at any time by the recipient from a third party without an obligation