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Re: qlogic firmware license



On Thu, 07 Jul 2005 15:13:47 -0400, Andres Salomon wrote:

> Hi,
> 
> QLogic just emailed me the wording of their new license for qla2xxx
> firmware.  Please let me know if anyone sees problems with this.
> 
> 
> Copyright (C)  2003 –2005 QLogic Corporation [QLA2x00]
> 
> This program includes a device driver for Linux 2.6.x that is distributed
> with QLogic hardware specific firmware binary file.  You may modify and
> redistribute the device driver code under the GNU Public License as
> published by the Free Software Foundation (version 2 or a later version)
> and/or under the following terms, as applicable:
> 

Actually, after re-reading it, I'm going to request that they explicitly
mention that the firmware is covered by the license, as it states "the
device driver code" is covered by the licenses.


> 	1. Redistribution of source code must retain the above copyright
> 	notice, this list of conditions and the following disclaimer.
> 	2. Redistribution in binary form must reproduce the above copyright
> 	notice, this list of conditions and the following disclaimer in the
> 	documentation and/or other materials provided with the distribution. 3.

Does including the copyright in the accompanying source code disk count as
"other materials provided w/ the distribution"?  I would think so, but I'd
like to be reassured that that's the case.


> 	The name of QLogic Corporation may not be used to endorse or promote
> 	products derived from this software without specific prior written
> 	permission
> 
> 	REGARDLESS OF WHAT LICENSING MECHANISM IS USED OR APPLICABLE, THIS
> 	PROGRAM IS PROVIDED BY QLOGIC CORPORATION “AS IS'' AND ANY EXPRESS OR
> 	IMPLIED WARRANTIES, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES
> 	OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE ARE DISCLAIMED.
> 	IN NO EVENT SHALL THE AUTHOR BE LIABLE FOR ANY DIRECT, INDIRECT,
> 	INCIDENTAL, SPECIAL, EXEMPLARY, OR CONSEQUENTIAL DAMAGES (INCLUDING, BUT
> 	NOT LIMITED TO, PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES; LOSS OF USE,
> 	DATA, OR PROFITS; OR BUSINESS INTERRUPTION) HOWEVER CAUSED AND ON ANY
> 	THEORY OF LIABILITY, WHETHER IN CONTRACT, STRICT LIABILITY, OR TORT
> 	(INCLUDING NEGLIGENCE OR OTHERWISE) ARISING IN ANY WAY OUT OF THE USE OF
> 	THIS SOFTWARE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGE.
> 
> 	USER ACKNOWLEDGES AND AGREES THAT USE OF THIS PROGRAM WILL NOT CREATE OR
> 	GIVE GROUNDS FOR A LICENSE BY IMPLICATION, ESTOPPEL, OR OTHERWISE IN ANY
> 	INTELLECTUAL PROPERTY RIGHTS (PATENT, COPYRIGHT, TRADE SECRET, MASK WORK,
> 	OR OTHER PROPRIETARY RIGHT) EMBODIED IN ANY OTHER QLOGIC HARDWARE OR
> 	SOFTWARE EITHER SOLELY OR IN COMBINATION WITH THIS PROGRAM

Anyone want to clarify the last bit for me?  They want to ensure that the
use of the firmware image does not give anyone permission to do something
like reverse engineer qlogic hardware or something?





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