© 2005 Intel Corporation
Intel Corporation POLS License Agreement
THE POLS PROGRAM ("PROGRAM") IS PROVIDED UNDER THE TERMS OF THE FOLLOWING
LICENSE AGREEMENT ("AGREEMENT"). ANY USE, REPRODUCTION OR DISTRIBUTION OF THE
PROGRAM CONSTITUTES RECIPIENT'S ACCEPTANCE OF THIS AGREEMENT.
1. DEFINITIONS
"Contribution" means:
a) in the case of the initial Contributor, the initial code and documentation
distributed under this Agreement, and
b) in the case of each subsequent Contributor:
i) changes to the Program, and
ii) additions to the Program;
where such changes and/or additions to the Program originate from and are
distributed by that particular Contributor. A Contribution 'originates' from a
Contributor if it was added to the Program by such Contributor itself or anyone
acting on such Contributor's behalf. Contributions do not include additions to
the Program which: (i) are separate modules of software distributed in
conjunction with the Program under their own license agreement, and (ii) are
not derivative works of the Program.
"Contributor" means any person or entity that distributes the Program.
"Licensed Patents " mean patent claims licensable by a Contributor which are
necessarily infringed by the use or sale of its Contribution alone or when
combined with the Program.
"Program" means the Contributions distributed in accordance with this Agreement.
"Recipient" means anyone who receives the Program under this Agreement,
including all Contributors.
2. GRANT OF RIGHTS
a) Subject to the terms of this Agreement, each Contributor hereby grants
Recipient a non-exclusive, worldwide, royalty-free copyright license to
reproduce, prepare derivative works of, publicly display, publicly perform,
distribute and sublicense the Contribution of such Contributor, if any, and
such derivative works, in source code and object code form.
b) Subject to the terms of this Agreement, each Contributor hereby grants
Recipient a non-exclusive, worldwide, royalty-free patent license under
Licensed Patents to make, use, sell, offer to sell, import and otherwise
transfer the Contribution of such Contributor, if any, in source code and
object code form. This patent license shall apply to the combination of the
Contribution and the Program if, at the time the Contribution is added by the
Contributor, such addition of the Contribution causes such combination to be
covered by the Licensed Patents. The patent license shall not apply to any
other combinations which include the Contribution. No hardware per se is
licensed hereunder.
c) Recipient understands that although each Contributor grants the licenses to
its Contributions set forth herein, no assurances are provided by any
Contributor that the Program does not infringe the patent or other intellectual
property rights of any other entity. Each Contributor disclaims any liability
to Recipient for claims brought by any other entity based on infringement of
intellectual property rights or otherwise. As a condition to exercising the
rights and licenses granted hereunder, each Recipient hereby assumes sole
responsibility to secure any other intellectual property rights needed, if any.
For example, if a third party patent license is required to allow Recipient to
distribute the Program, it is Recipient's responsibility to acquire that
license before distributing the Program.
d) Each Contributor represents that to its knowledge it has sufficient
copyright rights in its Contribution, if any, to grant the copyright license
set forth in this Agreement.
3. REQUIREMENTS
A Contributor may choose to distribute the Program in object code form under
its own license agreement, provided that:
a) it complies with the terms and conditions of this Agreement; and
b) its license agreement:
i) effectively disclaims on behalf of all Contributors all warranties and
conditions, express and implied, including warranties or conditions of
title and non-infringement, and implied warranties or conditions of
merchantability and fitness for a particular purpose;
ii) effectively excludes on behalf of all Contributors all liability for
damages, including direct, indirect, special, incidental and consequential
damages, such as lost profits;
iii) states that any provisions which differ from this Agreement are
offered by that Contributor alone and not by any other party; and
iv) states that source code for the Program is available from such
Contributor, and informs licensees how to obtain it in a reasonable manner
on or through a medium customarily used for software exchange.
When the Program is made available in source code form:
a) it must be made available under this Agreement; and
b) a copy of this Agreement must be included with each copy of the Program.
Contributors may not remove or alter any copyright notices contained within the
Program.
Each Contributor must identify itself as the originator of its Contribution, if
any, in a manner that reasonably allows subsequent Recipients to identify the
originator of the Contribution.
4. COMMERCIAL DISTRIBUTION
Commercial distributors of software may accept certain responsibilities with
respect to end users, business partners and the like. While this license is
intended to facilitate the commercial use of the Program, the Contributor who
includes the Program in a commercial product offering should do so in a manner
which does not create potential liability for other Contributors. Therefore, if
a Contributor includes the Program in a commercial product offering, such
Contributor ("Commercial Contributor") hereby agrees to defend and indemnify
every other Contributor ("Indemnified Contributor") against any losses, damages
and costs (collectively "Losses") arising from claims, lawsuits and other legal
actions brought by a third party against the Indemnified Contributor to the
extent caused by the acts or omissions of such Commercial Contributor in
connection with its distribution of the Program in a commercial product
offering. The obligations in this section do not apply to any claims or Losses
relating to any actual or alleged intellectual property infringement. In order
to qualify, an Indemnified Contributor must: a) promptly notify the Commercial
Contributor in writing of such claim, and b) allow the Commercial Contributor
to control, and cooperate with the Commercial Contributor in, the defense and
any related settlement negotiations. The Indemnified Contributor may
participate in any such claim at its own expense.
For example, a Contributor might include the Program in a commercial product
offering, Product X. That Contributor is then a Commercial Contributor. If that
Commercial Contributor then makes performance claims, or offers warranties
related to Product X, those performance claims and warranties are such
Commercial Contributor's responsibility alone. Under this section, the
Commercial Contributor would have to defend claims against the other
Contributors related to those performance claims and warranties, and if a court
requires any other Contributor to pay any damages as a result, the Commercial
Contributor must pay those damages.
5. NO WARRANTY
EXCEPT AS EXPRESSLY SET FORTH IN THIS AGREEMENT, THE PROGRAM IS PROVIDED ON AN
"AS IS" BASIS, WITHOUT WARRANTIES OR CONDITIONS OF ANY KIND, EITHER EXPRESS OR
IMPLIED INCLUDING, WITHOUT LIMITATION, ANY WARRANTIES OR CONDITIONS OF TITLE,
NON-INFRINGEMENT, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. Each
Recipient is solely responsible for determining the appropriateness of using
and distributing the Program and 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.
6. DISCLAIMER OF LIABILITY
EXCEPT AS EXPRESSLY SET FORTH IN THIS AGREEMENT, NEITHER RECIPIENT NOR ANY
CONTRIBUTORS SHALL HAVE ANY LIABILITY FOR ANY DIRECT, INDIRECT, INCIDENTAL,
SPECIAL, EXEMPLARY, OR CONSEQUENTIAL DAMAGES (INCLUDING WITHOUT LIMITATION LOST
PROFITS), 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 OR DISTRIBUTION OF THE PROGRAM OR THE EXERCISE OF ANY RIGHTS
GRANTED HEREUNDER, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
7. GENERAL
If any provision of this Agreement is invalid or unenforceable under applicable
law, it shall not affect the validity or enforceability of the remainder of the
terms of this Agreement, and without further action by the parties hereto, such
provision shall be reformed to the minimum extent necessary to make such
provision valid and enforceable.
If Recipient institutes patent litigation against any entity (including a
cross-claim or counterclaim in a lawsuit) alleging that the Program itself
(excluding combinations of the Program with other software or hardware)
infringes such Recipient's patent(s), then such Recipient's rights granted
under Section 2(b) shall terminate as of the date such litigation is filed.
All Recipient's rights under this Agreement shall terminate if it fails to
comply with any of the material terms or conditions of this Agreement and does
not cure such failure in a reasonable period of time after becoming aware of
such noncompliance. If all Recipient's rights under this Agreement terminate,
Recipient agrees to cease use and distribution of the Program as soon as
reasonably practicable. However, Recipient's obligations under this Agreement
and any licenses granted by Recipient relating to the Program shall continue
and survive.
Everyone is permitted to copy and distribute copies of this Agreement, but in
order to avoid inconsistency the Agreement is copyrighted and may only be
modified in the following manner. The Agreement Steward reserves the right to
publish new versions (including revisions) of this Agreement from time to time.
No one other than the Agreement Steward has the right to modify this Agreement.
The Eclipse Foundation is the initial Agreement Steward. The Eclipse Foundation
may assign the responsibility to serve as the Agreement Steward to a suitable
separate entity. Each new version of the Agreement will be given a
distinguishing version number. The Program (including Contributions) may always
be distributed subject to the version of the Agreement under which it was
received. In addition, after a new version of the Agreement is published,
Contributor may elect to distribute the Program (including its Contributions)
under the new version. Except as expressly stated in Sections 2(a) and 2(b)
above, Recipient receives no rights or licenses to the intellectual property of
any Contributor under this Agreement, whether expressly, by implication,
estoppel or otherwise. All rights in the Program not expressly granted under
this Agreement are reserved.
This Agreement is governed by the laws of the State of New York and the
intellectual property laws of the United States of America. No party to this
Agreement will bring a legal action under this Agreement more than one year
after the cause of action arose. Each party waives its rights to a jury trial
in any resulting litigation.
Intel Corporation POLS License Agreement
Addendum 1: Privacy Addendum
This addendum contains the additional terms applicable to development and
distribution of a work (Work) containing all or a portion of the Program or
that is otherwise derived from the Program.
I. You agree that:
1. Your compliance with this Addendum is a material condition of your license
to the Program.
2. You will include in any follow-on licenses you make with other developers
for building other applications or services for the Program and your Work the
same terms and conditions as this license addendum provides (and you will bind
any firm that acquires your firm to the same terms and conditions as this
license provides).
3. Your development, use, and/or distribution of a Work constitutes an
enforceable public commitment to comply with the provisions of this addendum.
4. Any collection, use, disclosure, and/or storage of personally identifiable
location information about end-users will be undertaken in accordance with the
Location Aware Privacy Principles (attached).
5. End users are entitled to enforce the terms of this Addendum and the
Location Aware Privacy Principles as third party beneficiaries of the Agreement
or as otherwise permitted under applicable law.
6. Any violation of the terms of this Addendum may constitute an unfair and/or
deceptive trade practice in violation of state and federal consumer protection
law.
II. You further agree that all distributed Works will:
Clearly, conspicuously, and verifiably (a) warn end users that the Work may
disclose their physical location to third parties; and (b) obligate you to
comply with the Location Aware Privacy Principles (set forth in Addendum 2,
attached) by, without limitation, causing the following text (with sections in
parentheses modified accordingly) to appear when the Work is first installed
and at reasonable intervals thereafter:
When you use this application, (Software Name) (or other malicious software
which takes advantage of (Software Name)) may cause your mobile device to
communicate its physical location - and therefore your location - to
application providers and/or third parties online. Please be aware of your
circumstances and your safety and use appropriate caution when using
(Software Name).
(Developer/Distributor) adheres to the Location Aware Computing Privacy
Principles (attached). These principles require us to get your prior
informed consent for any collection, use, disclosure and/or storage of your
location information. Please review the (Software Name) privacy policy
(include URL)
III. You also agree that to the extent practicable, your implementation of the
Location Aware Privacy Principles will be consistent with the best practices
set forth from time to time at the Intel Research/University of Washington
Privacy Best Practices [URL TBD].
Intel Corporation POLS License Agreement
Addendum 2: Location Aware Privacy Principles
1. End users will be informed, in a manner reasonably designed to provide
actual notice and prior to any collection, use, retention, or disclosure of
personally identifiable location information, of the following:
a. What personal information will be collected;
b. How that personal information will be used;
c. To whom that personal information will be disclosed, how the recipient
will be able to use the personal information, whether the recipient in
turn will be able to transfer the information and whether the recipient
is obligated to comply with these Principles.
d. How long (or how often) the personal information will be disclosed
(e.g. at the time of initial connection only, or periodically during
the use of the software)
2. To the extent reasonably practicable under the circumstances, end users will
be given conspicuous notice of the opportunity to prohibit the proposed
collection, use, retention, and/or disclosure of their personally identifiable
location information in whole or in part, and a reasonably simple mechanism for
taking advantage of such opportunity. Where practicable, a Work will provide
an easy method by which an end user can prohibit such collection, use,
retention, and/or disclosure, on a case by case basis, at their discretion.
3. Personally identifiable location information will be deleted regularly when
it is no longer needed by the end-user or for the correct functioning of the
Work.
4. Licensees will implement administrative, technical, and/or other safeguards
appropriate in light of the sensitivity of the data to protect personally
identifiable from unauthorized access, use, disclosure, or damage.
© 2005 Intel Corporation