[meta-ti] [PATCH 1/3] licenses: add standard TI licenses
Maupin, Chase
chase.maupin at ti.com
Thu Apr 24 05:39:10 PDT 2014
Acked-by: Chase Maupin <chase.maupin at ti.com>
>-----Original Message-----
>From: meta-ti-bounces at yoctoproject.org [mailto:meta-ti-
>bounces at yoctoproject.org] On Behalf Of Denys Dmytriyenko
>Sent: Wednesday, April 23, 2014 4:55 PM
>To: meta-ti at yoctoproject.org
>Subject: [meta-ti] [PATCH 1/3] licenses: add standard TI licenses
>
>From: Denys Dmytriyenko <denys at ti.com>
>
>The new Texas Instruments Text File License (TI-TFL) is now
>replacing the
>old Technology and Software Publicly Available (TSPA) license. But
>there are
>older versions of the components previously released under TI-TSPA
>license.
>
>Signed-off-by: Denys Dmytriyenko <denys at ti.com>
>---
> conf/layer.conf | 2 +
> licenses/TI-TFL | 62 +++++++++++++++++
> licenses/TI-TSPA | 206
>+++++++++++++++++++++++++++++++++++++++++++++++++++++++
> 3 files changed, 270 insertions(+)
> create mode 100644 licenses/TI-TFL
> create mode 100644 licenses/TI-TSPA
>
>diff --git a/conf/layer.conf b/conf/layer.conf
>index faa4ac0..056422d 100644
>--- a/conf/layer.conf
>+++ b/conf/layer.conf
>@@ -7,3 +7,5 @@ BBFILES += "${LAYERDIR}/recipes*/*/*.bb
>${LAYERDIR}/recipes*/*/*.bbappend"
> BBFILE_COLLECTIONS += "meta-ti"
> BBFILE_PATTERN_meta-ti := "^${LAYERDIR}/"
> BBFILE_PRIORITY_meta-ti = "6"
>+
>+LICENSE_PATH += "${LAYERDIR}/licenses"
>diff --git a/licenses/TI-TFL b/licenses/TI-TFL
>new file mode 100644
>index 0000000..264692b
>--- /dev/null
>+++ b/licenses/TI-TFL
>@@ -0,0 +1,62 @@
>+TEXAS INSTRUMENTS TEXT FILE LICENSE
>+
>+Copyright (c) [earliest year] - [latest year] Texas Instruments
>Incorporated
>+
>+All rights reserved not granted herein.
>+
>+Limited License.
>+
>+Texas Instruments Incorporated grants a world-wide, royalty-free,
>+non-exclusive license under copyrights and patents it now or
>hereafter owns
>+or controls to make, have made, use, import, offer to sell and
>sell
>+("Utilize") this software subject to the terms herein. With
>respect to the
>+foregoing patent license, such license is granted solely to the
>extent that
>+any such patent is necessary to Utilize the software alone. The
>patent
>+license shall not apply to any combinations which include this
>software,
>+other than combinations with devices manufactured by or for TI
>("TI
>+Devices"). No hardware patent is licensed hereunder.
>+
>+Redistributions must preserve existing copyright notices and
>reproduce this
>+license (including the above copyright notice and the disclaimer
>and (if
>+applicable) source code license limitations below) in the
>documentation
>+and/or other materials provided with the distribution
>+
>+Redistribution and use in binary form, without modification, are
>permitted
>+provided that the following conditions are met:
>+
>+* No reverse engineering, decompilation, or disassembly of this
>software is
>+permitted with respect to any software provided in binary form.
>+
>+* any redistribution and use are licensed by TI for use only with
>TI
>+Devices.
>+
>+* Nothing shall obligate TI to provide you with source code for
>the software
>+licensed and provided to you in object code.
>+
>+If software source code is provided to you, modification and
>redistribution
>+of the source code are permitted provided that the following
>conditions are
>+met:
>+
>+* any redistribution and use of the source code, including any
>resulting
>+derivative works, are licensed by TI for use only with TI
>Devices.
>+
>+* any redistribution and use of any object code compiled from the
>source
>+code and any resulting derivative works, are licensed by TI for
>use only
>+with TI Devices.
>+
>+Neither the name of Texas Instruments Incorporated nor the names
>of its
>+suppliers may be used to endorse or promote products derived from
>this
>+software without specific prior written permission.
>+
>+DISCLAIMER.
>+
>+THIS SOFTWARE IS PROVIDED BY TI AND TI'S LICENSORS "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 TI AND TI'S LICENSORS 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.
>diff --git a/licenses/TI-TSPA b/licenses/TI-TSPA
>new file mode 100644
>index 0000000..fd87c2a
>--- /dev/null
>+++ b/licenses/TI-TSPA
>@@ -0,0 +1,206 @@
>+Texas Instruments Incorporated
>+Technology and Software Publicly Available
>+Software License Agreement
>+
>+
>+Important - Please read the following license agreement
>carefully. This is
>+a legally binding agreement. Do not click "i have read and
>agree" or use
>+(as applicable) the Licensed Materials unless: (1) you are
>authorized to
>+accept and agree to the terms of this license agreement on behalf
>of
>+yourself or your company (as applicable) and (2) you intend to be
>bound by
>+the terms of this license agreement on behalf of yourself or your
>company
>+(as applicable).
>+
>+This Software License Agreement ("Agreement") is a legal
>agreement between
>+you (either an individual or entity) and Texas Instruments
>Incorporated
>+("TI"), 12500 TI Boulevard, Dallas, Texas 75243. The "Licensed
>Materials"
>+subject to this Agreement include the software programs (in whole
>or in
>+part), that accompany this Agreement and set forth in the
>applicable
>+software manifest and which you access "on-line" and/or
>electronic
>+documentation (in whole or in part) associated and provided with
>these
>+software programs. By installing, copying or otherwise using the
>Licensed
>+Materials you agree to abide by the terms of this Agreement. If
>you choose
>+not to accept or agree with these terms, do not download or
>install the
>+Licensed Materials.
>+
>+Note Regarding Possible Access to Open Source Software: The
>Licensed
>+Materials may be bundled with Open Source Software. "Open Source
>Software"
>+means any software licensed under terms requiring that (A) other
>software
>+("Proprietary Software") incorporated, combined or distributed
>with such
>+software or developed using such software: (i) be disclosed or
>distributed
>+in source code form; or (ii) otherwise be licensed on terms
>inconsistent
>+with the terms of this Agreement, including but not limited to
>permitting
>+use of the Proprietary Software on or with devices other than TI
>Devices, or
>+(B) require the owner of Proprietary Software to license any of
>its patents
>+to users of the Open Source Software and/or Proprietary Software
>+incorporated, combined or distributed with such Open Source
>Software or
>+developed using such Open Source Software.
>+
>+You may gain access to Open Source Software, in which case such
>Open Source
>+Software will be listed in the applicable software manifest (in
>whole or in
>+part, the "Open Source Materials"). Your use of the Open Source
>Materials
>+is subject to the separate licensing terms applicable to such
>Open Source
>+Materials as specified in the applicable software manifest. For
>+clarification, this Agreement does not limit your rights under,
>or grant you
>+rights that supersede, the license terms of any applicable Open
>Source
>+Materials license agreement. If any of the Open Source Materials
>have been
>+provided to you in object code only, TI will provide to you or
>show you
>+where can access the source code versions of such Open Source
>Materials if
>+you contact TI at Texas Instruments Incorporated, 12500 TI
>Boulevard, Mail
>+Station 8638, Dallas, Texas 75243, Attention: Contracts Manager.
>You may
>+terminate this Agreement in the event you choose not to accept or
>agree with
>+the terms in any applicable Open Source Materials license
>agreement,
>+provided that such termination occurs within five (5) calendar
>days of
>+acceptance of this Agreement and you abide by all applicable
>license terms
>+in this Agreement until such termination.
>+
>+1. License.
>+
>+a. Source Code License. For the Licensed Materials provided in
>source code
>+format, TI hereby grants to you a limited, non-exclusive license
>to
>+reproduce, use, and create modified or derivative works of the
>Licensed
>+Materials provided to you in source code format and to distribute
>an
>+unlimited number of copies of such source code Licensed
>Materials, or any
>+derivatives thereof, in any format.
>+
>+b. Object Code License. For the Licensed Materials provided in
>object code
>+format, TI hereby grants to you a limited, non-exclusive license
>to
>+reproduce and use the Licensed Materials provided to you in
>object code
>+format and to distribute an unlimited number of object or
>executable copies
>+of such object code Licensed Materials.
>+
>+2. Termination. This Agreement is effective until terminated.
>Without
>+prejudice to any other rights, TI may terminate your right to use
>the
>+Licensed Materials under this Agreement if you fail to comply
>with the terms
>+of this Agreement. In such event, you shall destroy all copies
>of the
>+Licensed Materials, including all portions and derivatives
>thereof.
>+
>+3. Intellectual Property Rights.
>+
>+a. The Licensed Materials being provided to you hereunder are
>being made
>+publicly available by TI, even though they contain copyrighted
>material of
>+TI and its licensors, if applicable. In no event may you alter,
>remove or
>+destroy any copyright notice included in the Licensed Materials.
>To the
>+extent that any of the Licensed Materials are provided in binary
>or object
>+code only, you may not unlock, decompile, reverse engineer,
>disassemble or
>+otherwise translate such binary or object code to human-
>perceivable form.
>+The source code of such reverse engineered code may contain TI
>trade secret
>+and other proprietary information. TI reserves all rights not
>specifically
>+granted under this Agreement.
>+
>+b. Certain Licensed Materials may (i) require patent licenses
>from third
>+parties claiming patent rights covering implementation of the
>Licensed
>+Materials or (ii) be based on industry recognized standards or
>software
>+programs published by industry recognized standards bodies and
>certain third
>+parties may claim to own patents or copyrights that cover
>implementation of
>+those standards. You acknowledge and agree that this Agreement
>does not
>+convey a license to any such third party patents and copyrights.
>+
>+c. YOU ACKNOWLEDGE AND AGREE THAT TI SHALL NOT BE LIABLE FOR AND
>SHALL NOT
>+DEFEND OR INDEMNIFY YOU AGAINST ANY THIRD PARTY INFRINGEMENT
>CLAIM THAT
>+RELATES TO OR IS BASED ON YOUR MANUFACTURE, USE, OR DISTRIBUTION
>OF THE
>+LICENSED MATERIALS OR YOUR MANUFACTURE, USE, OFFER FOR SALE,
>SALE,
>+IMPORTATION OR DISTRIBUTION OF YOUR PRODUCTS THAT INCLUDE OR
>INCORPORATE THE
>+LICENSED MATERIALS.
>+
>+d. You acknowledge and agree that you are responsible for any
>fees or
>+royalties that may be payable to any third party based on such
>third party's
>+interests in the Licensed Materials described in Section 3(b)
>above (the
>+"Third Party Payment Obligations"). You agree to indemnify TI
>against any
>+Third Party Payment Obligations and will defend any claim, suit
>or
>+proceeding brought against TI insofar as such claim, suit or
>proceeding is
>+based on your failure to pay any Third Party Payment Obligations.
>+
>+4. Warranties and Limitations. THE LICENSED MATERIALS ARE
>PROVIDED "AS IS".
>+TI AND ITS LICENSORS MAKE NO WARRANTY OR REPRESENTATION, EXPRESS,
>IMPLIED OR
>+STATUTORY, INCLUDING ANY IMPLIED WARRANTIES OF MERCHANTIBILITY,
>FITNESS FOR
>+A PARTICULAR PURPOSE, LACK OF VIRUSES, ACCURACY OR COMPLETENESS
>OF
>+RESPONSES, RESULTS AND LACK OF NEGLIGENCE. TI DISCLAIMS ANY
>WARRANTY OF
>+TITLE, QUIET ENJOYMENT, QUIET POSESSION, AND NON-INFRINGEMENT OF
>ANY THIRD
>+PARTY INTELLECTUAL PROPERTY RIGHTS WITH REGARD TO THE LICENSED
>MATERIALS OR
>+USE OF THOSE MATERIALS.
>+
>+YOU ACKNOWLEDGE AND AGREE THAT THE LICENSED MATERIALS MAY NOT BE
>INTENDED
>+FOR PRODUCTION APPLICATIONS AND MAY CONTAIN IRREGULARITIES AND
>DEFECTS NOT
>+FOUND IN PRODUCTION SOFTWARE. FURTHERMORE, YOU ACKNOWLEDGE AND
>AGREE THAT
>+THE LICENSED MATERIALS HAVE NOT BEEN TESTED OR CERTIFIED BY ANY
>GOVERNMENT
>+AGENCY OR INDUSTRY REGULATORY ORGANIZATION OR ANY OTHER THIRD
>PARTY
>+ORGANIZATION. YOU AGREE THAT PRIOR TO USING, INCORPORATING OR
>DISTRIBUTING
>+THE LICENSED MATERIALS IN OR WITH ANY COMMERCIAL PRODUCT THAT YOU
>WILL
>+THOROUGHLY TEST THE PRODUCT AND THE FUNCTIONALITY OF THE LICENSED
>MATERIALS
>+IN OR WITH THAT PRODUCT AND BE SOLELY RESPONSIBLE FOR ANY
>PROBLEMS OR
>+FAILURES.
>+
>+IN NO EVENT SHALL TI OR ITS LICENSORS BE LIABLE FOR ANY SPECIAL,
>INDIRECT,
>+INCIDENTAL, PUNITIVE OR CONSEQUENTIAL DAMAGES, HOWEVER CAUSED ON
>ANY THEORY
>+OF LIABILITY, ARISING IN ANY WAY OUT OF THIS AGREEMENT, OR YOUR
>USE OF THE
>+LICENSED MATERIALS, WHETHER OR NOT TI HAS BEEN ADVISED OF THE
>POSSIBILITY OF
>+SUCH DAMAGES. EXCLUDED DAMAGES INCLUDE, BUT ARE NOT LIMITED TO,
>COST OF
>+REMOVAL OR REINSTALLATION, OUTSIDE COMPUTER TIME, LABOR COSTS,
>LOSS OR
>+CORRUPTION OF DATA, LOSS OF GOODWILL, LOSS OF PROFITS, LOSS OF
>SAVINGS, OR
>+LOSS OF USE OR INTERRUPTION OF BUSINESS OR ANY OTHER ECONOMIC
>LOSS. IN NO
>+EVENT WILL TI'S AGGREGATE LIABILITY UNDER THIS AGREEMENT OR
>ARISING OUT OF
>+YOUR USE OF THE LICENSED MATERIALS EXCEED FIVE HUNDRED U.S.
>DOLLARS
>+(US$500).
>+
>+Because some jurisdictions do not allow the exclusion or
>limitation of
>+incidental or consequential damages or limitation on how long an
>implied
>+warranty lasts, the above limitations or exclusions may not apply
>to you.
>+
>+5. Export Control. The Licensed Materials may be subject to the
>export or
>+import regulations of certain countries. You agree to comply with
>all such
>+regulations and acknowledge that you have the responsibility to
>obtain any
>+licenses or other authorizations that may be required to export,
>re-export
>+or import the Licensed Materials.
>+
>+6. Governing Law, Jurisdiction and Severability. This Agreement
>will be
>+governed by and interpreted in accordance with the laws of the
>State of
>+Texas, without reference to conflict of laws principles. If for
>any reason
>+a court of competent jurisdiction finds any provision of the
>Agreement to be
>+unenforceable, that provision will be enforced to the maximum
>extent
>+possible to effectuate the intent of the parties and the
>remainder of the
>+Agreement shall continue in full force and effect. This Agreement
>shall not
>+be governed by the United Nations Convention on Contracts for the
>+International Sale of Goods, or by the Uniform Computer
>Information
>+Transactions Act (UCITA). The parties agree that non-exclusive
>jurisdiction
>+for any dispute arising out of or relating to this Agreement lies
>within the
>+courts located in the State of Texas. Notwithstanding the
>foregoing, any
>+judgment may be enforced in any United States or foreign court,
>and either
>+party may seek injunctive relief in any United States or foreign
>court.
>+Failure by TI to enforce any provision of this Agreement shall
>not be deemed
>+a waiver of future enforcement of that or any other provision in
>this
>+Agreement or any other agreement that may be in place between the
>parties.
>+
>+7. PRC Provisions. If you are located in the People's Republic
>of China
>+("PRC") or if the Licensed Materials will be sent to the PRC, the
>following
>+provisions shall apply:
>+
>+a. Registration Requirements. You shall be solely responsible
>for
>+performing all acts and obtaining all approvals that may be
>required in
>+connection with this Agreement by the government of the PRC,
>including but
>+not limited to registering pursuant to, and otherwise complying
>with, the
>+PRC Measures on the Administration of Software Products,
>Management
>+Regulations on Technology Import-Export, and Technology Import
>and Export
>+Contract Registration Management Rules. Upon receipt of such
>approvals from
>+the government authorities, you shall forward evidence of all
>such approvals
>+to TI for its records. In the event that you fail to obtain any
>such
>+approval or registration, you shall be solely responsible for any
>and all
>+losses, damages or costs resulting therefrom, and shall indemnify
>TI for all
>+such losses, damages or costs.
>+
>+b. Governing Language. This Agreement is written and executed in
>the
>+English language. If a translation of this Agreement is required
>for any
>+purpose, including but not limited to registration of the
>Agreement pursuant
>+to any governmental laws, regulations or rules, you shall be
>solely
>+responsible for creating such translation. Any translation of
>this
>+Agreement into a language other than English is intended solely
>in order to
>+comply with such laws or for reference purposes, and the English
>language
>+version shall be authoritative and controlling.
>+
>+8. Entire Agreement. This is the entire agreement between you
>and TI and
>+supersedes any prior agreement between the parties related to the
>subject
>+matter of this Agreement. No amendment or modification of this
>Agreement
>+will be effective unless in writing and signed by a duly
>authorized
>+representative of TI. You hereby warrant and represent that you
>have
>+obtained all authorizations and other applicable consents
>required
>+empowering you to enter into this Agreement.
>--
>1.9.2
>
>--
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