qpcpp/3rd_party/embOS/License.txt

IMPORTANT - READ CAREFULLY

1. SCOPE OF LICENSE AGREEMENT
This license statement and limited warranty constitutes a legal agreement ("License Agreement")
between YOU (either as an individual or a single entity) and SEGGER Microcontroller GmbH ("SEGGER") for the
software components listed in section 2 "Software Components"), including any software, media, and accompanying documentation.

BY INSTALLING, COPYING, OR OTHERWISE USING THE SOFTWARE, YOU AGREE TO BE BOUND BY THE TERMS AND CONDITIONS OF THIS LICENSE AGREEMENT.

Upon your acceptance of the terms and conditions of this License Agreement, SEGGER grants to YOU the right to use the software in the manner provided below.



2. DEFINITIONS
The following terms shall have the following meaning:
    • “Demos” means a combination of hardware and software designed solely for the purpose to demonstrate its capabilities or for use as a trial.;
    • “EULA” means end user license agreement;
    • “Evaluation boards” means a circuit board containing a microprocessor designed solely for the purpose of having an engineer to become acquainted with the microprocessor on the board and to learn to program it;
    • “Executable Code” means the machine-executable (and non-linkable) version of the Software Components;
    • “Object Code” means the machine–readable, linkable and compiled version of the Software Components;
    • “Source Code” means the human-readable version of the Software Components that can be compiled into Object Code


Except as provided in the License Agreement, YOU shall not transfer, rent, lease, lend, copy, modify, translate, sublicense, time-share or electronically transmit or receive the software, media or documentation.
YOU acknowledge that the software in Source Code form remains a confidential trade secret of SEGGER and therefore YOU agree not to modify the software or attempt to reverse engineer, decompile, or disassemble the software provided to YOU in Object Code or Executable Code form, except and only to the extent that such activity is expressly permitted by applicable law notwithstanding this limitation.



3. SOFTWARE COMPONENTS
These terms apply to following software components, developed by SEGGER Microcontroller GmbH:
    • emCompress  (Decompression library)
    • emCrypt*    (Cryptographic algorithm library)
    • emFile      (Embedded file system)
    • embOS       (Real time operating system)
    • embOS/IP    (TCP/IP stack)
    • emModbus    (Modbus stack)
    • emUSB       (USB device stack)
    • emUSBH      (USB Host stack)
    • emSecure    (Digital signature)
    • emSSH*      (SSH stack)
    • emSSL*      (SSL Stack)
    • emWin       (Graphics software and GUI)

and any other components included in the respective package provided by SEGGER.



4. LICENSE GRANT
FREE OF CHARGE LICENSE FOR EVALUATION, HOBBYIST NON-COMMERCIAL, AND EDUCATIONAL PURPOSES
YOU may use the software only for the purposes as described below.
YOU are entitled to make copies of the software for backup purposes.
Under no circumstances may any of the Source Code or Object Code be used for creating or developing a similar or competitive software.
All copies of the software, including modifications to the software, must bear all copyright, trademarks and other proprietary notices included thereon by SEGGER.
YOU will take all commercially reasonable efforts to prevent and discourage piracy of the software code, including, without limitation, prohibiting Your employees and consultants from using or copying the software code for any purpose other than as permitted herein.

There is no time or code size limit in place, and YOU may use this software for
    I.      Evaluation purposes
    II.     Non-profit educational purposes
    III.    Non-commercial purposes
    IV.     Hobbyist purposes
    V.      Commercial usage by silicon vendors solely for the purpose of creating Demos for Evaluation Boards [Additional conditions apply, see below]
free of charge without purchasing a commercial license.
Using the software without a commercial license for any commercial purpose, especially using the software, libraries or generated executable for production, is prohibited.

EVALUATION PURPOSES means YOU shall only use the software to try it out, test it, and determine further use.

HOBBYIST NON-COMMERCIAL and EDUCATIONAL PURPOSES means the software can be used by YOU, as a private individual, student, tutor or teacher,
    • in universities
    • in colleges
    • in non-profit organizations
    • at home
for
    • courses
    • classes
    • training
    • self-education
    • non-commercial projects including the right for silicon vendors to use the software solely for creating Demos for Evaluation Boards
without the need to purchase a commercial license, if the software is used for teaching, learning, studying, and hobbyists purposes only.

YOU shall not use the software within universities, colleges, or non-profit organizations
    • for any commercial purposes or project or other undertaking, intended for profit (except for demo purposes, provided that the software is made available by silicon vendors free of charge for and with evaluation boards and under EULA terms with identical restrictions and limitation as set forth in this license agreement)
    • to earn money or reasonably anticipate the receipt of monetary gain from it
    • to develop, debug, program, or manufacture a commercial product (or parts thereof)
    • or to develop any software intended to be covered by a software patent
without purchasing a commercial license.

If there is any doubt if a certain use may be considered within the foregoing scope it is strongly recommended to get in touch and consult SEGGER prior use.

Limited distribution rights:

4.1
If YOU are using the software for purpose I, II, III or IV, YOU are entitled to provide an altered or unaltered version of the software components or parts of it to 3rd parties as long as YOU comply to the following conditions (and the distributed package(s) or file(s) meet(s) the following conditions):
    • This document is neither altered nor removed from the package distributed by YOU.
    • The Object Code (libraries) provided by SEGGER is not altered. (But may be removed from the package)
    • The Executable Code (binaries) provided by SEGGER is not altered. (But may be removed from the package)
    • For any Source Code (.c, .h) files provided by SEGGER, YOU may do one of the following
        • Include the file unaltered or remove it from the package
        • Include the file in an altered form, but only if it is made clear beyond doubt in the respective file itself that
          the file is altered and no longer in the original state shipped by SEGGER. Additionally, the SEGGER copyright notice must remain.
    • Any other, not previous mentioned file types provided by SEGGER are not altered. (But may be removed from the package)

4.2
If YOU are using the software for purpose V, the conditions stated in 4.1 and the following additional conditions apply:
    • YOU may only provide our software free of charge with the Evaluation Board
    • Before a user downloads anything which contains the SEGGER software, YOU have to provide him with EULA terms with identical restrictions and limitation as set forth in this license agreement,
      and the user must acknowledge that they have read and agreed the with the terms, e.g. by ticking a check-box.



5. RESTRICTIONS
YOU may not:
 • a) decompile, disassemble, reverse engineer, or otherwise attempt to derive the source code of the Software Components provided in or Object Code or Executable Code form,
 • b) redistribute, encumber, sell, rent, lease, sublicense, or otherwise transfer rights to the software components other than that expressively provided in section 4 "License Grant",
 • c) remove or alter any trademark, logo, copyright or other proprietary notices, legends, symbols or labels in the Software Components, or
 • d) publish, disclose or make publicly available any results of benchmark tests of the Software Components
 • e) use the Software Components in or for a commercial product or for the development of a commercial product without purchasing a commercial license.
Without prejudice to any other rights, SEGGER may terminate this agreement if YOU fail to comply with foregoing restrictions.
In such event SEGGER is entitled to make YOU liable and may claim monetary damages.



6. FEES
All Software Components provided to YOU under the terms of this license agreement can be used free of charge for the purposes stated in section 4 "License Grant".



7. TERMINATION
Without prejudice to any other rights, SEGGER may terminate this agreement if YOU fail to comply with foregoing restrictions.
In such event SEGGER is entitled to make YOU liable and may claim monetary damages.
Upon termination, YOU shall immediately cease and desist from using the Software Components.



8. PROPRIETARY RIGHTS
Title, ownership rights, and intellectual property rights in the Software Components shall remain by SEGGER and/or its suppliers.
YOU acknowledge such ownership and intellectual property rights and will not take any action to jeopardize, limit or interfere in any manner with SEGGER or its suppliers' ownership of or rights with respect to the Software Components provided.



9. DISCLAIMER OF WARRANTY
The Software Components are provided on an "as is" basis, without warranty of any kind, including without limitation the warranties that it is free of defects, merchantable, fit for a particular purpose or non-infringing.
The entire risk as to the quality and performance of the Software Components is borne by YOU.
This disclaimer of warranty constitutes an essential part of this agreement.
No use of the Software Components is authorized hereunder except under this disclaimer.



10. LIMITATION OF LIABILITY
To the maximum extent permitted by applicable law, in no event will SEGGER or its suppliers or resellers be liable for any indirect, special, incidental or consequential damages arising out of the use of or inability to use the Software Components, including, without limitation, damages for loss of goodwill, work stoppage, computer failure or malfunction, or any and all other commercial damages or losses, even if advised of the possibility thereof, and regardless of the legal or equitable theory (contract, tort or otherwise) upon which the claim is based.
In any case, SEGGER's entire liability under any provision of this agreement shall not exceed in the aggregate the sum of the fees YOU paid to SEGGER for this license (if any), with the exception of death or personal injury caused by gross negligence of SEGGER to the extent applicable law prohibits the limitation of damages in such cases.
SEGGER is not responsible for any liability arising out of content provided by YOU or a third party that is accessed through the Software Components and/or any material linked through such content.



11. HIGH RISK ACTIVITIES
The Software Components is not fault-tolerant and is not designed, developed or intended for use in hazardous environments requiring fail-safe performance, such as in the operation of nuclear facilities, aircraft navigation or communication systems, air traffic control, direct life support machines, or weapons systems, in which the failure of the product could lead directly to death, personal injury, or severe physical or environmental damage ("High Risk Activities").



12. MISCELLANEOUS
 • a) This agreement constitutes the entire agreement between the parties concerning the subject matter hereof.
 • b) This agreement may be changed only by an amendment in writing, signed by both parties.
 • c) If any provision in this agreement should be held illegal or unenforceable by a court having jurisdiction, such provision shall be modified to the extent necessary to render it enforceable without losing its intent, or severed from this agreement if no such modification is possible, and other provisions of this agreement shall remain in full force and effect.
 • d) This agreement shall be governed by the laws of the Federal Republic of Germany.


Any services, support or assistance SEGGER may provide to YOU with regard to the Software Components, are provided pursuant to the terms of a commercial license or separate service agreement.


*The emSSL, emCrypt and emSSH Software Components are subject to European Union, and U.S. export control laws and regulations, including the U.S. Export Administration Act and its associated regulations, hereafter collectively referred to as Export Regulations.
YOU agree to comply fully with all such Export Regulations and YOU agree to not, either directly or indirectly, export in breach of the Export Regulations, any SEGGER Software Components nor any products thereof; (i) to any country, company or person subject to export restrictions or sanctions under the Export Regulations; or (ii) for any prohibited end use, which at the time of export requires an export license or other governmental approval, without first obtaining such license or approval.

© 1997-2018 SEGGER Microcontroller GmbH