Cygnus License text
Here's the text of the CYGWIN32 license. It discriminates against
embedded systems developers and compiler developers. The Space Shuttle
runs Debian on the PC104 board that they use as an example of an
embedded system below, and I have a number of other examples of Debian
as an embedded system. We have put in serial consoles and other
facilities to support embedded systems. I guess that means we are
embedded systems developers, and the license discriminates against us.
Thanks
Bruce
CYGWIN32 LICENSE
Version 1.0, July 1997.
[Items contained in brackets contain explanatory material, intended to
assist you in understanding this license, rather than being formal
legal parts of this license.]
[The goal of this license is to allow Cygwin32 to be used by both free
and proprietary software, except by direct competitors of Cygnus.]
DEFINITIONS
[These definitions are provided in an attempt to make this license
legally precise.]
Licensor
Cygnus Solutions, a California company having an office at 1325
Chesapeake Terrace, Sunnyvale, CA 94089.
Licensee
An individual, company, organization, or other entity granted
rights under the terms of this license. Different rights are
granted to different licensees.
you
Each Licensee is addressed individually as "you".
GNU_Win32_Header_Files
The Microsoft Win32 Application Programming Interface Header
Files used by Cygwin32.
[The Free Software Foundation owns the copyright to the
GNU_Win32_Header_Files. The Free Software Foundation
distributes the GNU_Win32_Header_Files under the terms of the
GNU Library General Public License. Whether compiled versions
of the GNU_Win32_Header_Files legally constitute derivative
works is not clear in law. In any event, as specified by the
GNU Library General Public License, the Free Software
Foundation does not restrict the use of compiled versions of
the GNU_Win32_Header_Files.]
Cygwin32_Source_Code
Source code for the Cygwin32 Unix on Microsoft Windows
application development toolkit. The Cygwin32_Source_Code does
not include the GNU_Win32_Header_Files, nor does it include the
source code to any tools that can be built using Cygwin32, even
though these works may have been distributed together.
[Cygnus Solutions owns the copyright to the
Cygwin32_Source_Code.]
Cygwin32_Static_Library
Compiled versions of the small portion of the
Cygwin32_Source_Code comprising startup and other glue code.
[The Cygwin32_Static_Library customarily comprises a file named
"libcygwin.a". This code is customarily incorporated into an
application you develop. Cygnus Solutions owns the copyright to
the Cygwin32_Static_Library.]
Cygwin32_DLL
Compiled versions of the bulk of the Cygwin32_Source_Code
comprising Unix emulation code.
[The Cygwin32_DLL customarily comprises a file named
"cygwin.dll". This code is customarily distributed as a
dynamically linked library in conjunction with, rather than
directly incorporated into an application you develop. An
application you develop customarily communicates with this
dynamically linked library at run time. Cygnus Solutions owns
the copyright to the Cygwin32_DLL.]
Source_Navigator
The Source-Navigator(TM) source code comprehension tool
software owned by Cygnus Solutions.
Compiler_Suite
The set of software typically included with a compiler,
including the compiler executable itself, include files,
libraries, and run time support code.
GNUPro_Toolkit
The GNUPro(TM) Compiler_Suite developed by Cygnus Solutions.
The GNUPro_Toolkit does not include the Cygwin32_DLL, nor
Source_Navigator, even though these works may have been
distributed together.
[The GNUPro_Toolkit includes the GNU C Compiler, the GNU
Debugger, and other components. Most of the GNUPro_Toolkit is
distributed under the terms of the GNU General Public License.]
Embedded_Systems
Devices primarily designed to perform particular limited sets
of functions, rather than serve as general purpose computing
platforms. These devices often have I/O characteristics that
confine them to a particular role, and frequently execute code
from a memory that either is not, or can not, be routinely
updated. Examples of such devices include video game consoles,
phones, PC/104 cards, intelligent disk drive controllers,
display terminals, and PDAs. PCs, workstations, and mainframes,
exclusive of any embedded subcomponents they may contain, are
not considered embedded systems. These lists are intended to be
illustrative rather than exhaustive.
Embedded_Systems_Development_Software
Software, including without limitation, cross-compilers,
debuggers, simulators, run time libraries, analysis tools, and
RTOSs, primarily intended to be used to develop software
intended to run on Embedded_Systems.
Embedded_Systems_Software_Company
An individual, company, organization, or other entity that
develops and/or distributes
Embedded_Systems_Development_Software other than purely for
internal use.
reproduce
Within the jurisdiction of the United States this term is to be
understood in accordance with 17 USC 106(1).
prepare derivative works
Within the jurisdiction of the United States this term is to be
understood in accordance with 17 USC 106(2).
distribute
Within the jurisdiction of the United States this term is to be
understood in accordance with 17 USC 106(3).
Works
The software, documentation, and any other copyrighted works,
licensed under the terms of this license.
1. SCOPE OF THIS LICENSE
[This license lets you do some things that we could use copyright law
to prevent. Activities other than reproduction, preparation of
derivative works, and distribution are outside of the scope of this
license. Your right to use a legitimate copy of a work can not be
restricted under copyright law.]
This license applies to any works containing a notice placed by the
copyright owner stating the works may be licensed under the terms of
this license. This license constitutes a non-exclusive license of
specific rights to you for specific works.
This license is a copyright license. No transfer of title is intended
to be effected by this license. This license does not grant any rights
to any patent, trademark, or other rights held by Licensor.
This license is a license of rights held by the Licensor. This license
does not extend to copyrights or other rights of third parties.
2. CYGWIN32 RUN TIME LICENSE
[You can use Cygwin32 with our software. You can also use Cygwin32
with software you develop provided you are not an embedded systems
developer or a compiler developer.]
2.1. RUN TIME LIBRARY LICENSE FOR CYGNUS PRODUCTS
[You can use "cygwin.dll" with our software.]
If you received the Cygwin32_DLL as part of a release of the
GNUPro_Toolkit produced by Cygnus Solutions, then you may reproduce
and/or distribute the Cygwin32_DLL for use with the GNUPro_Toolkit.
2.2. RUN TIME LIBRARY LICENSE FOR NON-CYGNUS PRODUCTS
[You can use "cygwin.dll" with software you develop provided you are
not an embedded systems developer or a compiler developer.]
Provided
* you are not an Embedded Systems Software Company, and
* you do not reproduce and/or distribute the Cygwin32_DLL for or on
behalf of an Embedded_Systems_Software_Company, and
* you do not reproduce and/or distribute the Cygwin32_DLL as part of
a Compiler_Suite,
then you may reproduce and/or distribute the Cygwin32_DLL for use with
non-GNUPro_Toolkit software.
2.3. STATIC LIBRARY LICENSE
[The use of "libcygwin.a" is not restricted.]
You may reproduce, prepare derivative works, and distribute the
Cygwin32_Static_Library, and the source code to the
Cygwin32_Static_Library. This does not extend to the Cygwin32_DLL,
even if you incorporate code from the Cygwin32_DLL directly into your
application.
3. CYGWIN32 SOURCE LICENSE
[You may modify Cygwin32 provided you make your changes publically
available, and you distribute them under the same terms as the rest of
Cygwin32.]
If you received the Cygwin32_Source_Code, then
* you may reproduce and/or distribute the Cygwin32_Source_Code, and
* you may prepare derivative works based upon the
Cygwin32_Source_Code, provided
+ you make the entire source code to such derivative works
publicly available, and
+ you license the entire source code to such derivative works
under the terms of the CYGWIN32 SOURCE LICENSE, and
+ you license all compiled versions of the source code to such
derivative works under the terms of the CYGWIN32 RUN TIME
LICENSE.
4. DISCLAIMER OF WARRANTY AND LIABILITY
[In the event of problems you may not sue us.]
The Works are provided "as is" and you assume all responsibility for
determining the suitability of the Works for any purpose and for any
results obtained. Licensor makes no warranty that any bugs have been
or can be eliminated from the Works, and Licensor shall in no event be
responsible for losses of any kind resulting from the use of the Works
by you, including, without limitation, any liability for business
expenses, machine downtime, or damages caused to you or your customers
by any attendant or consequent deficiency, defect, bug, error, or
malfunction. LICENSOR DISCLAIMS ALL WARRANTIES, EXPRESSED OR IMPLIED,
ARISING OUT OF OR RELATING TO THE WORKS OR ANY USE THEREOF, INCLUDING,
WITHOUT LIMITATION, ANY WARRANTY WHATSOEVER AS TO THE FITNESS FOR A
PARTICULAR USE OR THE MERCHANTABILITY OF THE WORKS. In no event shall
Licensor be liable to you for any lost profits or other incidental or
consequential damages relating to the subject matter of this license.
END OF CYGWIN32 LICENSE
--
Bruce Perens K6BP bruce@pixar.com 510-215-3502
Finger bruce@master.debian.org for PGP public key.
PGP fingerprint = 88 6A 15 D0 65 D4 A3 A6 1F 89 6A 76 95 24 87 B3
--
TO UNSUBSCRIBE FROM THIS MAILING LIST: e-mail the word "unsubscribe" to
debian-devel-request@lists.debian.org .
Trouble? e-mail to templin@bucknell.edu .
Reply to: