RE: OpenTCP/http_server.c

"Seymour David" <[email protected]> Tue, 10 Jun 2008 14:31:26 -0700
Newsgroups gmane.comp.hardware.motorola.microcontrollers.coldfire
Message-ID <FE151544B54DB0428FFA9AE99C27A12101FEBF67@az33exm22.fsl.freescale.net>
Put me down for a free beer please ;-)
The License file is in the source code.
I got clarity from the factory:
"FSL has the right to modify the stack.  We just can't let customers
repost the code because the license we have with interniche doesn't
allow the  "customer" to have redistribute capability."
 
Here is the license for your view/reading pleasure.
IMPORTANT. Read the following Freescale Semiconductor Software License 
Agreement completely. You may then utilize these files.  
 
FREESCALE SEMICONDUCTOR SOFTWARE LICENSE AGREEMENT  
 
This is a legal agreement between you (either as an individual or as an
authorized 
representative of your employer) and Freescale Semiconductor, Inc.
("Freescale"). It 
concerns your rights to use this file and any accompanying written
materials (the 
"Software"). In consideration for Freescale allowing you to access the
Software, you are 
agreeing to be bound by the terms of this Agreement. If you do not agree
to all of the 
terms of this Agreement, do not download the Software. If you change
your mind later, 
stop using the Software and delete all copies of the Software in your
possession or 
control. Any copies of the Software that you have already distributed,
where permitted, 
and do not destroy will continue to be governed by this Agreement. Your
prior use will 
also continue to be governed by this Agreement.  
 
LICENSE GRANT.  Freescale grants to you, free of charge, the
non-exclusive, non-
transferable right (1) to use the Software, (2) to reproduce the
Software, (3) to prepare 
derivative works of the Software, (4) to distribute the Software and
derivative works 
thereof in source (human-readable) form and object (machine readable)
form, and (5) to 
sublicense to others the right to use the distributed Software. If you
violate any of the 
terms or restrictions of this Agreement, Freescale may immediately
terminate this 
Agreement, and require that you stop using and delete all copies of the
Software in your 
possession or control.  
 
COPYRIGHT.  The Software is licensed to you, not sold. Freescale owns
the Software, 
and United States copyright laws and international treaty provisions
protect the Software. 
Therefore, you must treat the Software like any other copyrighted
material (e.g. a book or 
musical recording). You may not use or copy the Software for any other
purpose than 
what is described in this Agreement. Except as expressly provided
herein, Freescale does 
not grant to you any express or implied rights under any Freescale or
third-party patents, 
copyrights, trademarks, or trade secrets. Additionally, you must
reproduce and apply any 
copyright or other proprietary rights notices included on or embedded in
the Software to 
any copies or derivative works made thereof, in whole or in part, if
any.  
 
SUPPORT.  Freescale is NOT obligated to provide any support, upgrades or
new 
releases of the Software. If you wish, you may contact Freescale and
report problems and 
provide suggestions regarding the Software. Freescale has no obligation
whatsoever to 
respond in any way to such a problem report or suggestion. Freescale may
make changes 
to the Software at any time, without any obligation to notify or provide
updated versions 
of the Software to you.  
 
NO WARRANTY.  TO THE MAXIMUM EXTENT PERMITTED BY LAW, 
FREESCALE EXPRESSLY DISCLAIMS ANY WARRANTY FOR THE SOFTWARE. 
THE SOFTWARE IS PROVIDED "AS IS", WITHOUT WARRANTY OF ANY KIND, 
EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, THE 
IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A 
PARTICULAR PURPOSE, OR NON-INFRINGEMENT. YOU ASSUME THE 
ENTIRE RISK ARISING OUT OF THE USE OR PERFORMANCE OF THE 
SOFTWARE, OR ANY SYSTEMS YOU DESIGN USING THE SOFTWARE (IF 
ANY). NOTHING IN THIS AGREEMENT MAY BE CONSTRUED AS A 
WARRANTY OR REPRESENTATION BY FREESCALE THAT THE SOFTWARE 
OR ANY DERIVATIVE WORK DEVELOPED WITH OR INCORPORATING THE 
SOFTWARE WILL BE FREE FROM INFRINGEMENT OF THE INTELLECTUAL 
PROPERTY RIGHTS OF THIRD PARTIES.  
 
INDEMNITY.  You agree to fully defend and indemnify Freescale from any
and all 
claims, liabilities, and costs (including reasonable attorney's fees)
related to (1) your use 
(including your sublicensee's use, if permitted) of the Software or (2)
your violation of 
the terms and conditions of this Agreement.  
 
LIMITATION OF LIABILITY.  IN NO EVENT WILL FREESCALE BE LIABLE, 
WHETHER IN CONTRACT, TORT, OR OTHERWISE, FOR ANY INCIDENTAL, 
SPECIAL, INDIRECT, CONSEQUENTIAL OR PUNITIVE DAMAGES, 
INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR ANY LOSS OF USE, LOSS 
OF TIME, INCONVENIENCE, COMMERCIAL LOSS, OR LOST PROFITS, 
SAVINGS, OR REVENUES TO THE FULL EXTENT SUCH MAY BE DISCLAIMED 
BY LAW.  
 
COMPLIANCE WITH LAWS; EXPORT RESTRICTIONS.  You must use the 
Software in accordance with all applicable U.S. laws, regulations and
statutes. You agree 
that neither you nor your licensees (if any) intend to or will, directly
or indirectly, export 
or transmit the Software to any country in violation of U.S. export
restrictions.  
 
GOVERNMENT USE.  Use of the Software and any corresponding
documentation, if 
any, is provided with RESTRICTED RIGHTS. Use, duplication or disclosure
by the 
Government is subject to restrictions as set forth in subparagraph
(c)(1)(ii) of The Rights 
in Technical Data and Computer Software clause at DFARS 252.227-7013 or 
subparagraphs (c)(l) and (2) of the Commercial Computer
Software--Restricted Rights at 
48 CFR 52.227-19, as applicable. Manufacturer is Freescale
Semiconductor, Inc., 6501 
William Cannon Drive West, Austin, TX, 78735.  
 
HIGH RISK ACTIVITIES.  You acknowledge that the Software is not fault
tolerant 
and is not designed, manufactured or intended by Freescale for
incorporation into 
products intended for use or resale in on-line control equipment in
hazardous, dangerous 
to life or potentially life-threatening 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 
products could lead directly to death, personal injury or severe
physical or environmental 
damage ("High Risk Activities"). You specifically represent and warrant
that you will not 
use the Software or any derivative work of the Software for High Risk
Activities.  
 
CHOICE OF LAW; VENUE; LIMITATIONS.  You agree that the statutes and laws

of the United States and the State of Texas, USA, without regard to
conflicts of laws 
principles, will apply to all matters relating to this Agreement or the
Software, and you 
agree that any litigation will be subject to the exclusive jurisdiction
of the state or federal 
courts in Texas, USA. You agree that regardless of any statute or law to
the contrary, any 
claim or cause of action arising out of or related to this Agreement or
the Software must 
be filed within one (1) year after such claim or cause of action arose
or be forever barred.  
 
PRODUCT LABELING.  You are not authorized to use any Freescale
trademarks, 
brand names, or logos.  
 
ENTIRE AGREEMENT.  This Agreement constitutes the entire agreement
between 
you and Freescale regarding the subject matter of this Agreement, and
supersedes all 
prior communications, negotiations, understandings, agreements or
representations, either 
written or oral, if any. This Agreement may only be amended in written
form, executed 
by you and Freescale.  
 
SEVERABILITY.  If any provision of this Agreement is held for any reason
to be 
invalid or unenforceable, then the remaining provisions of this
Agreement will be 
unimpaired and, unless a modification or replacement of the invalid or
unenforceable 
provision is further held to deprive you or Freescale of a material
benefit, in which case 
the Agreement will immediately terminate, the invalid or unenforceable
provision will be 
replaced with a provision that is valid and enforceable and that comes
closest to the 
intention underlying the invalid or unenforceable provision.  
 
NO WAIVER.  The waiver by Freescale of any breach of any provision of
this 
Agreement will not operate or be construed as a waiver of any other or a
subsequent 
breach of the same or a different provision. 

If you read it all then I owe you a free beer!

Regards, 
David 

David E Seymour
Come to FTF 2008 June 16th through the 19th in Orlando

http://www.freescale.com/ftf 


-----Original Message-----
From: [email protected] [mailto:[email protected]]
On Behalf Of David Brown
Sent: Tuesday, June 10, 2008 3:41 PM
To: Seymour David
Subject: Re: [ColdFire] OpenTCP/http_server.c

Seymour David wrote:
> Hi Bob,
> FSL had freely licensed the OpenTCP for NE64 and MCF5282 but as I
> mentioned before the resource at Viola left and the company decided to
> pull it.  So FSL wanted an open source approach.  The ColdFire TCP/IP
is
> freely license for use with FSL processors.  It provides a nice step
to
> fully supported stack/OS from InterNiche should customers choose that
> route.
> Yes, it is being actively used by many and will continue to be.
> I think it is the up-sell area that FSL cannot generate code and post
> but customer can add whatever they want for their own use.  I'll
triple
> check that answer and reply if I'm wrong.
> Regards, 
> David 
> 
> David E Seymour

Could you be more specific about the license?  I couldn't see license 
information on the website, and it's far from clear if by "freely 
licensed" you mean "free speech" or just "free beer".

mvh.,

David

---
[email protected]              Send a post to the list.
[email protected]        Join the list.
[email protected]    Join the list in digest mode.
[email protected]     Leave the list.

---
[email protected]              Send a post to the list.
[email protected]        Join the list.
[email protected]    Join the list in digest mode.
[email protected]     Leave the list.