Open Patent License
Written by Victor Yodaiken
Revised by Wind River Systems, Inc.
The Open RTLinux Patent License ("License" or "Agreement") governs the
royalty-free use of the process defined by U.S. Patent No. 5,995,745.
Anyone can license the use of the Patented Process (as defined below)
by agreeing to be bound by the terms of this License. Such person is
considered to be the Licensee ("Licensee"). The Patented Process may be
used, without any payment of a royalty, with two (2) types of software.
The first type is software that operates under the terms of a GPL (as
defined below). The second type is software operating under an Open
RTLinux Execution Environment (as defined below). As long as the
Licensee complies with the terms and conditions of this License and,
where applicable, with the terms of the GPL, the Licensee may continue
to use the Patented Process without paying a royalty for its use. You
may use the Patented Process with software other than the two types
mentioned above but you must first obtain a separate license for such
use. The first step is to contact Wind River Systems, Inc. http://www.windriver.com/.
- "Patented Process" means the process covered by U.S. Patent
No. 5,995,745, issued November 30, 1999 and entitled ADDING REAL-TIME
SUPPORT TO GENERAL PURPOSE OPERATING SYSTEMS.
- "License" means this License in its entirety, also known as the Open RTLinux Patent License Version 2.0.
- "Licensor" means Wind River Systems, Inc., the assignee of U.S. Patent 5,995,745.
means any person or entity that makes use of the Patented Process or
agrees to be bound by provisions of this License ("Licensee").
- "GPL" means The Free Software Foundation's General Public License Version 2.
RTLinux Software" means unmodified software labeled "Open RTLinux code"
that was distributed by Finite State Machine Labs, Inc. and:
- A. In the case of a binary distribution, the complete
set of executable programs, including linked files and any and all
other accompanying files, such as documentation;
- B. In
the case of an installation for use, the complete set of executable
programs, any linked files, any attached files and any and all other
accompanying files, such as documentation;
- C. In the
case of a source distribution, the complete set of unmodified source
files, and any and all documentation included with the source code.
RTLinux Execution Environment" means: A computer hardware system where
the interrupt control hardware of processors and system boards is under
the direct control of unmodified Open RTLinux Software in binary form.
Configuration by a Licensee using the configuration tools provided by
Licensor is not considered a modification unless such configuration
includes a change to Open RTLinux code that is not provided as an
option through the configuration tool.
In addition to the other terms and conditions of
this License, use of the Patented Process is permitted, without fee or
royalty, when used:
- A. By software licensed under the GPL; or
- B. By
software that executes within an Open RTLinux Execution Environment -
whether that software is licensed under the GPL or not.
- Any use of the Patented Process must include labeling the
product or service that includes the Patented Process with the
following language: "Used, under license, U.S. Patent No. 5,995,745."
copy of these conditions and terms must be attached to or included with
any distribution of any product or service that uses the Patented
Process. It must be made clear to anyone that uses your product or
service that all subsequent uses must also comply with the conditions
and terms of this License and (where appropriate) the GPL.
you are using this Patented Process according to the conditions of this
License for GPL software and you are distributing or otherwise making
your software available outside your company then you must not place
any artificial impediments to free access to your software source code.
If you distribute your software or market your software through some
web site on the World-Wide-Web, you must make source code for the
software that makes use of the Patented Process immediately available
on the World-Wide-Web for all to access. Any subsequent use must comply
strictly with the terms of the GPL and with this License. Failure to
comply with the terms of the GPL will result in an automatic
termination of this License.
- Open RTLinux Software is
released under the GPL and you must comply with the terms of the GPL
where applicable. Any modification of Open RTLinux code outside of the
terms of the GPL is considered a material breach of this license. Any
modification of Open RTLinux code results in code that is not "Open
RTLinux code" in the terms of this license and this code cannot be used
under the provisions of the section on Approved Use, subparagraph (B)
- All notices, requests, demands, and other
communications shall be in writing and sent by electronic mail and by
facsimile, nationally recognized overnight carrier, or certified mail,
postage prepaid, to:
Wind River Systems, Inc.
500 Wind River Way
Alameda, CA 94501
- This Agreement is the entire agreement between the parties with respect to this subject matter.
Agreement shall be governed by the laws of the State of California,
without giving effect to principles of conflicts of law. In addition,
any action or proceeding arising from or relating to this Agreement,
except for actions solely relating to issues regarding compliance with
or interpretation of the GPL, must be brought in a federal court in
California. Each party irrevocably submits to the jurisdiction of venue
of any such court.
- Licensor shall have no liability for
any direct, indirect, incidental, special, exemplary, punitive,
consequential, or other damages, including without limitation, loss of
profit or business opportunities, however caused and on any theory of
liability, whether in contract, strict liability, or tort (including
negligence or otherwise), whether or not advised of the possibility of
such damages. Licensor expressly disclaims any representations or
warranties, expressed or implied, regarding the product or services
contemplated by this Agreement, including, but not limited to, any
implied warranty of merchantability or fitness for a particular
purpose. The products and services contemplated by this Agreement are
provided "as is" without warranty of any kind, either expressed or
implied. The entire risk as to the quality and performance of the
products and services contemplated by this Agreement are with the
Licensee. Each Licensee under this Agreement assumes all risks
associated with its exercise of rights under this Agreement, including
but not limited to the risks and costs of program errors, compliance
with applicable laws, damage to or loss of data, programs, or
equipment, and unavailability or interruption of operations.
Termination and Limitations
- This Agreement shall commence as of the date this Agreement
is executed by both parties and shall remain in full force and effect
until Three-Hundred-and-Sixty-Five (365) calendar days from the date of
execution subject to prior termination as provided below. Execution
shall be deemed complete as of the moment the Licensee acknowledges
acceptance of all terms of this Agreement by clicking on the "I agree"
icon found on Licensor's web site
http://www.windriver.com/RTLinuxFree/patent.html or by sending written
confirmation of acceptance by electronic mail to This email address is
Execution of this license shall also be deemed complete upon your first
use of the software licensed under the GPL in accordance with Section
1.A. of this Agreement, without registering acceptance with the
Licensor. Unless this Agreement is terminated as provided below, this
Agreement shall automatically renew for periods of
Three-Hundred-and-Sixty-Five (365) calendar days each until the
expiration of the U.S. Patent on the Licensed Process.
Licensor owns all right, title and interest to the patent. The Licensor
is not obligated to defend or indemnify any Licensee against any suit,
damage, claim or allegation of patent infringement resulting from any
use of the Patented Process. In the event of any such occurrence, the
Licensor will cooperate with Licensee, at Licensee's expense.
term of this License will be limited by compliance of the Licensee. If
you do not comply with the conditions and terms of this License, the
License will be automatically terminated and all use of the Patented
Process must stop.
- Licensee acknowledges that no other
representations by Licensor exist and that no other agreements exist
between Licensee and Licensor. This Agreement will be construed and
interpreted according to the laws of the State of California.
Dated: May 4, 2007