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LiMo基金会API协议(V1.0)

FOUNDATION API LICENSE (VERSION 1.0)

     LiMo基金会API协议 (简称"协议")应用于基金会的API。 Capitalized terms
used in this License shall have the respective meanings assigned to them in the Section where
they are first used, or, if not defined therein, in Section 18.
1. License. The Foundation hereby grants to any recipient of a Foundation API (a
“Foundation API Recipient”) a perpetual (subject to termination), non-exclusive, nontransferable,
royalty-free, worldwide copyright license, without the right to sublicense or
modify, to use and copy such Foundation API solely for the Purpose. Use or receipt of
the Foundation API constitutes a Foundation API Recipient’s acceptance of this License.
2. Redistribution. Foundation API Recipients shall have the right to redistribute the
Foundation API to any Person, provided that (i) such Person accepts this License; and
(ii) such Foundation API Recipient remains in compliance with this License.
3. Limitations. Sections 1 and 2 above set forth the sole and entire license with respect to
the Foundation API and the granting of any other license is expressly disclaimed.
Without limiting the foregoing limitation and disclaimer, subject to Section 4, each
Foundation API Recipient shall not, and shall not allow any other Person under control
by or in contractual privity with the Foundation API Recipient to, create another API
based on the Foundation API.
4. Rights in Interoperable Works. A Foundation API Recipient that creates an
Interoperable Work shall not be required to grant back to the Foundation or any Member
any rights in such Interoperable Work. Notwithstanding the foregoing, to the extent that
a software program and/or library is neither an Interoperable Work nor Implementing
Code and is interfacing or using the Foundation API, Foundation API Recipient
(i) hereby grants the Foundation and its Members a perpetual, irrevocable, royalty-free
license, with the right to sublicense, to Use the source code of such software program
and/or library; (ii) to the extent that a Foundation API Recipient modified or added to the
Foundation API, hereby grants the Foundation a perpetual, irrevocable, royalty-free
license, with the right to sublicense, to Use such modification; and (iii) shall deliver the
source code of such software program, library, and/or modification to the Foundation
and, as requested, to its Members.
5. Non-Assert by Members. As set forth in the IPR Policy of the Foundation, each
Member of the Foundation hereby covenants not to assert any claim or demand that the
Use of any part of or all of the Foundation API by the Foundation API Recipient in
compliance with this License infringes any Patent (excluding Industry Standard Patents
and Pooled Patents) that is part of such Member’s Controlled IPR. For the sake of
clarity, except only to the extent necessary to allow any Use of the Foundation API as
part of an Approved Implementation, where such Use causes contributory infringement in
the combination, the foregoing non-assertion covenant does not apply to any
infringement that is the result of a combination of the Foundation API with any other
software, hardware, method or process, whether or not provided by the Foundation.
6. Termination of License. If a Foundation API Recipient fails to comply with any of the
material terms or conditions of this License, all of such Foundation API Recipient’s
rights under this License shall automatically terminate. If all of a Foundation API
Recipient’s rights under this License terminate (whether under this Section 6 or
otherwise), such Foundation API Recipient shall immediately cease the use and
distribution of the Foundation API. Each Foundation API Recipient agrees that it shall
not assert any claim against any Member, the Foundation, or any third party Foundation
API Recipient based, in whole or in part, upon the Foundation API, or any portion
thereof. In the event that, notwithstanding the foregoing, a Foundation API Recipient
asserts such a claim, this License shall automatically terminate.
7. Dissolution of the Foundation. In the case of dissolution of the Foundation, in lieu of
Sections 1 and 2, the following license shall apply, and Sections 3, 4, 9, and 16 of this
License shall no longer apply:
Subject to the terms and conditions of this License, the Foundation (or its successor
or the owner of the Foundation API) (the “Licensor”) hereby grants to each
Foundation API Recipient a five (5) year (subject to termination as set forth herein),
nonexclusive, nontransferable, royalty-free, worldwide license, under all copyrights
owned or licensable by the Licensor to (i) use, copy, modify, add to, or create
derivative works based on the Foundation API; (ii) have-used, have-copied, havemodified,
have-added to, or have-created derivative works based on such Foundation
API; and (iii) sublicense and distribute the Foundation API and such derivative
works, directly or indirectly, to any Person for Use thereof.
8. Termination or Withdrawal of Member. In no event shall the expiration, termination
or withdrawal of a Contributor of Foundation API as a Member affect any right or license
granted by such Contributor to the Foundation and this License shall be binding upon any
successor or entity that acquires rights in the Foundation API from the Contributor or the
Foundation.
9. New Versions of License. Subject to obtaining unanimous consent from the Board, the
Foundation or its designee may publish revised and/or new versions of this License from
time to time. Such revised or new versions will be similar in spirit to the version
identified above, but may differ in detail to address new problems or concerns. Each
version shall be given a distinguishing version number. With respect to any such
modified License, the Foundation may choose, subject to unanimous consent from the
Board, to make a revised or new version of this License retroactive with respect to those
components of the Foundation API owned and licensed by the Foundation. In the event
that the Foundation elects (in writing), subject to unanimous Board approval, to make the
revised or new version of the License apply to those components of the Foundation API
owned and licensed by the Foundation, such revised or new version shall apply to such
components of the Foundation API prospectively from the date of issue of such revised or
new version by the Foundation. Only the Foundation may issue revised or new versions
of the License, and the rights granted to Licensees hereunder do not extend to any rights
to modify or create derivative works of this License. This License was created by the
Foundation and, without limiting anything in this Section 9, no changes may be made to
this License without unanimous consent of the Board.
10. NO WARRANTY. BECAUSE THE FOUNDATION API IS LICENSED FREE OF
CHARGE, THERE IS NO WARRANTY FOR THE FOUNDATION API OR ANY
COMPONENT THEREOF. EXCEPT AS EXPRESSLY STATED IN WRITING, THE
FOUNDATION, THE CONTRIBUTORS AND ANY OTHER FOUNDATION API
RECIPIENTS THAT DISTRIBUTE THE FOUNDATION API PROVIDE THE
FOUNDATION API “AS IS” WITHOUT WARRANTY OF ANY KIND, EITHER
EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, (I) THE IMPLIED
WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR
PURPOSE, AND (II) ANY WARRANTY THAT THE FOUNDATION API WILL RUN
UNINTERRUPTED OR ERROR-FREE. THE ENTIRE RISK AS TO THE QUALITY
AND PERFORMANCE OF THE FOUNDATION API IS WITH EACH FOUNDATION
API RECIPIENT INDIVIDUALLY. SHOULD THE FOUNDATION API PROVE
DEFECTIVE, EACH SUCH FOUNDATION API RECIPIENT ASSUMES THE COST
OF ALL NECESSARY SERVICING, REPAIR OR CORRECTION.
11. EXCLUSION OF DAMAGES. BECAUSE THE FOUNDATION API IS LICENSED
FREE OF CHARGE, EXCEPT AS SPECIFIED IN THE IPR POLICY BETWEEN AND
AMONG MEMBERS IN NO EVENT (UNLESS REQUIRED BY APPLICABLE LAW
OR EXPRESSLY AGREED TO IN WRITING) WILL THE FOUNDATION, ANY
CONTRIBUTOR OR ANY FOUNDATION API RECIPIENT THAT DISTRIBUTES
THE FOUNDATION API, BE LIABLE TO ANY OTHER FOUNDATION API
RECIPIENT OR THIRD PARTY FOR DAMAGES, INCLUDING ANY GENERAL,
DIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES ARISING
OUT OF THE USE OR INABILITY TO USE THE FOUNDATION API (INCLUDING
BUT NOT LIMITED TO PATENT INFRINGEMENT, COPYRIGHT
INFRINGEMENT, BREACH OF CONFIDENTIALITY, INTELLECTUAL
PROPERTY MISAPPROPRIATION, LOSS OF DATA, DATA BEING RENDERED
INACCURATE, OR A FAILURE OF THE FOUNDATION API TO OPERATE WITH
ANY OTHER SOFTWARE), EVEN IF THE FOUNDATION, CONTRIBUTOR OR
SUCH FOUNDATION API RECIPIENT HAS BEEN ADVISED OF THE
POSSIBILITY OF SUCH DAMAGES. EACH FOUNDATION API RECIPIENT
ACKNOWLEDGES AND AGREES THAT BECAUSE THE FOUNDATION API IS
LICENSED FREE OF CHARGE, (I) THE DISCLAIMER OF WARRANTY IN
SECTION 10 AND THE EXCLUSION OF DAMAGES IN THIS SECTION 11
REFLECT THE INTENT OF ALL PARTIES TO THIS LICENSE WITH RESPECT TO
ALLOCATION OF RISK, AND (II) SUCH FOUNDATION API RECIPIENT WILL
NOT ALLEGE OR ASSERT ANY UNAVAILABILITY OR FAILURE OF REMEDY.
12. Third Party Rights. Although the Foundation grants the licenses set forth herein, except
as specified in the IPR Policy between and among Members, no assurances are provided
by the Foundation or any Contributor that the Foundation API does not infringe,
misappropriate or otherwise violate the Patent or other Intellectual Property rights of any
other person or entity. Except as specified in the IPR Policy between and among
Members, each Contributor of API licensed hereunder and the Foundation disclaims any
liability to any Foundation API Recipient for claims brought by any other person or entity
based on infringement of Intellectual Property rights or otherwise. As a condition to
exercising the rights and licenses granted hereunder, each Foundation API 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 Foundation API
Recipient to distribute, transfer or otherwise provide the Foundation API, it is such
Foundation API Recipient’s responsibility to acquire that license before distributing,
transferring or otherwise providing the Foundation API to any other person or entity.
13. Compliance with Law. Each Foundation API Recipient shall comply with all applicable
laws in connection with its actions with respect to the Foundation API. Without limiting
the foregoing, Foundation API Recipients shall comply with all requirements of local law
in countries where it distributes the Foundation API with respect to provision of this
License in a language other than English, in which case Foundation API Recipient shall
provide a true and correct translated copy of this License and any notices or disclaimers
required hereunder in the applicable language other than English as required by law;
provided, however, that (i) the License and notices and disclaimers shall provide that the
English versions of this License and applicable notices or disclaimers shall control in the
event of any conflict or ambiguity, and (ii) if the law of any jurisdiction does not permit
the English version of this License to control, the Foundation API may not be distributed,
transferred or otherwise provided in such jurisdiction.
14. Severability. If any provision of this License is invalid or unenforceable under
applicable law, it shall not affect the validity or enforceability of the remainder of the
terms and conditions of this License, 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.
15. Reservation of Rights. Except as expressly set forth herein, Foundation API Recipient
receives no rights or licenses to the Intellectual Property of the Foundation or any other
Foundation API Recipient under this License, whether by express terms, implication,
estoppel or otherwise. All rights in the Foundation API not expressly granted under this
License are reserved by the applicable owner or licensor. This License applies only to
the work constituting the Foundation API that is distributed, made available, or
transferred with or otherwise made subject to this License, and to certain derivative
works based on such works under applicable copyright law (but only to the extent
otherwise expressly provided in this License); it does not apply to any other work and
specifically does not apply to any work that is not a derivative work based upon another
work that is already subject to this License.
16. Intended Third Party Beneficiaries. Each Foundation API Recipient acknowledges
and agrees that each Member is an intended third party beneficiary of such Foundation
API Recipient under this License and that each Member is entitled to enforce this License
or any rights hereunder or related hereto, at law or in equity, on behalf of the Foundation.
17. Governing Law. This License is governed by the laws of the State of Delaware without
regard to the conflicts of law principles thereof.
18. Definitions.
“Affiliate” of a specified Person shall mean any existing or future Person, or, as the
context indicates, group of Persons, that is controlling, under common control with, or
controlled by such specified Person; provided, however that no Person shall be deemed
an Affiliate of another Person unless such Person (i) is a Parent or Subsidiary of such
other specified Person, or (ii) has one or more Parents in common with such other
specified Person.
“API” means the source code declarations, including but not limited to header files, (and
related programmer documentation) for a software program or library, which declarations
describe available interfaces to Data or Function Access Mechanisms and that are
designated (according to the generally accepted programming syntax for the applicable
programming language) as having a scope such that a separately compiled software
program or library is permitted to access or use the implementation of such Data or
Function Access Mechanism through object code linking or a functional equivalent of
object code linking, or other similar mechanisms. For clarity, the term “API” shall not
include the source or object code that implements a Data or Function Access Mechanism
described by such API even if contained in the same file as, or in line with, the
declaration thereof.
“Approval” shall mean, with respect to a Proposed Module, the decision by the Board,
via the Architecture Council, to accept such Proposed Module.
“Approved Implementation” shall mean an implementation of the Foundation Platform
(including Common Code) in whole or in part in a product or service where the
Foundation has confirmed that such product or service meets the applicable Approved
Specification and any other requirements for use of the Foundation logo applicable to the
type of product or service, as set forth in the Foundation Trademark Guidelines and Logo
License Policy.
“Approved Specification” shall mean a portion of the Specification defining all required
Foundation APIs and other Foundation Modules, together with any required technology
or functionality, with respect to a type of product containing the Foundation Platform,
which is published by the Architecture Council and approved by the Board.
“Architecture Council” shall mean the council of the Foundation that governs the
Foundation Platform specification and development.
“Board” shall mean the board of directors of the Foundation.
“Common Code” shall mean the aggregate of all Common Modules with respect to any
existing or past Approved Specification.
“Common Module” shall mean any Module that the Architecture Council has specified
must be included in all Approved Implementations with respect to a particular Approved
Specification.
“Contribution” shall mean the Modules and APIs that a Contributor submits to the
Foundation for inclusion in the Foundation Platform, or that are required to be provided
to the Foundation under the FPL.
“Contributor” shall mean, the Member, or Members, who have provided or submitted a
Contribution.
“Controlled IPR” shall mean with respect to a Member any Intellectual Property (i) that is
owned by that Member or its IPR Affiliate, (ii) which has been created by or for such
Member or IPR Affiliate but has been legally transferred to its Non-IPR Affiliate, or
(iii) owned by a Non-IPR Affiliate to the extent such Intellectual Property is infringed by
materials from such Non-IPR Affiliate incorporated or embedded within any submitted
Module.
“Controlled Public Company” shall mean, with respect to any Person, any existing or
future Public Company (i) where such Person, together with its Parents and Majority-
Owned Subsidiaries, owns at least twenty percent (20%) of such Public Company’s
outstanding securities entitled to vote and (ii) where no other Person (including such
Person’s Parents and such Person’s Majority Owned Subsidiaries collectively) owns a
larger percentage of such securities than such Person (including such Person’s Parents
and such Person’s Majority Owned Subsidiaries collectively).
“Data or Function Access Mechanisms” means any function, object, variable, procedure,
method, type, protocol, structure, constant, and other similar data or code construct that is
permitted (according to the generally accepted programming syntax for the applicable
programming language or system) to be referenced, called, or otherwise accessed or used
in a software program or library that is separately compiled.
“Driver” shall mean software that interoperates with a particular item of hardware, such
as a keypad, display, or touch screen, other than the CPU.
“Foundation” shall mean the LiMo Foundation, a non-profit corporation organized under
the laws of Delaware.
“Foundation API” shall mean any publicly available APIs owned and licensed by the
Foundation that are included in the Foundation Platform and shall include any
Framework API.
“Foundation Module” shall mean any Module that has received an Approval.
“Foundation Platform” shall mean the complete collection of Modules that have been
approved by the Architecture Council, including the approved Linux kernel, Foundation
Modules and/or Foundation APIs, interfaces among Modules, and related approved
materials.
“Foundation Trademark Guidelines and Logo License Policy” shall mean the guidelines
for the use of the Foundation’s Trademarks, as may be approved by the Board from time
to time.
“FPL” shall mean the copyright and, if applicable, Patent license entitled “Foundation
Public License,” attached as Annex B to the IPR Policy.
“Framework” shall mean middleware approved by the Foundation for inclusion in the
Foundation Platform that is designed to provide certain core, hardware independent and
geographic-market independent functionality for a certain type or class of Modules (e.g,
"multimedia"), but by itself does not provide a set of functionality that is complete or
near complete for applications needing to access functionality within such area. A
Framework, together with Plug-Ins, provides all or nearly all of the functionality needed
by applications within such area.
“Framework API” shall mean an API between a Framework and a Plug-In(s).
“Implementing Code” means that portion of software program or library that merely
implements an extensible Data or Function Access Mechanism of a Module that is not
part of the Foundation API. For clarity, “merely implements” includes using material
from a header file (only numerical parameters, data structure layouts and accessors, and
small macros and small inline functions (ten lines or less in length)) that is part of a Data
or Function Access Mechanism of a Module(s).
“Industry Standard” shall mean a specification as defined by a Standards Organization or
a specification reasonably recognized by the industry as a de facto standard.
“Industry Standard Patent” shall mean any Patent claiming an apparatus, method or
process necessary for compliance with an Industry Standard.
“Intellectual Property” shall mean: (i) Patents; (ii) copyrights, whether registered or not,
including, but not limited to, any writings and other copyrightable works of authorship,
computer programs, source code, object code, documentation (whether or not released),
databases and documentation protectable under copyright law, and copyright licenses;
(iii) integrated circuit topographies and mask works; (iv) Trademarks; (v) moral rights;
and (vi) registrations of any of the foregoing with any governmental entity and any
renewals or extensions thereof and all other rights in, to, or arising from, any of the
foregoing.
“Interoperable Work” means a software program or library (and the associated source
code) that: (i) taken as a whole is not substantially similar in functionality to the
Foundation Platform, or any part thereof, (ii) is designed to interoperate with the
Foundation Platform, or a part thereof, and (iii) may access, use and incorporate API of
the Foundation API, provided that such access, use or incorporation neither
(x) supplements the functionality of any Data or Function Access Mechanism described
in such API, nor (y) provides a different implementation of any such Data or Function
Access Mechanism.
“IPR Affiliate” shall mean, with respect to a Member, any Affiliate that (i) has or will
have access to or is otherwise provided with any Sensitive Materials, (ii) is or becomes a
Majority-Owned Subsidiary of such Member, or (iii) exerts management influence and/or
control on the technical development activities of the Member in respect of Foundation
Modules or the selection of technology to be embedded/used in Foundation Modules.
For the avoidance of doubt, a Parent shall not be deemed to influence or control the
development activities of a Member in respect of its Foundation Modules solely because
such Parent exercises general oversight, independent of and not specific to the
development activities of the Member with respect to such Foundation Modules, of the
business activities of the Member.
“IPR Policy” shall mean the terms and provisions governing Intellectual Property rights
and associated licensing policies of the Foundation, attached as Annex A to the Bylaws.
“Kernel” shall mean software that provides operating system level functionality,
including without limitation Drivers, and in any event shall include the software known
and distributed as the Linux kernel (and Drivers).
“Majority-Owned Subsidiary” shall mean, with respect to a Person, each and every
existing or future other Persons where such Person directly or indirectly owns or
possesses through one or more intermediaries: (i) fifty percent (50%) or more of such
other Person’s outstanding ownership interests, (ii) fifty percent (50%) or more of the
issued and outstanding common stock or other voting securities of such other Person, or
(iii) the right to designate or elect a majority of the board of directors, board of managers
or other governing body of such other Person.
“Member” shall mean any member of the Foundation as defined by the bylaws of the
Foundation.
“Middleware” shall mean software that is interoperable with the Kernel and Foundation
API, and is designed to be compiled into object code Modules, and provides common
functionality to be incorporated or accessed via an API in other application software.
“Module” shall mean software code submitted to the Foundation that is a component of,
or is proposed to be a component of, the Foundation Platform, and may contain, but is not
limited to, source code, object code, APIs, libraries, headers, scripts, make files,
documentation, data structures, other items necessary to compile such source code into
executable code, related documentation and information (including, but not limited to,
ideas, concepts, know-how and techniques).
“Non-IPR Affiliate” shall mean, with respect to a Person, any Affiliate of such Person
that is not an IPR Affiliate.
“Parent” shall mean each and every existing or future Person that, with respect to another
Person, owns, directly or indirectly through one or more intermediaries: (i) fifty percent
(50%) or more of such other Person’s outstanding ownership interests, (ii) fifty percent
(50%) or more of the issued and outstanding common stock or other voting securities of
such other Person, or (iii) the right to designate or elect a majority of the board of
directors, board of managers or other governing body.
“Patent” shall mean any patent (including letters patent, industrial designs, and inventor’s
certificates) or published patent application, and any and all rights to any of the foregoing
anywhere in the world, including any patent granted as a reissue, renewal, division,
continuation in part or in whole, provided for under the laws of any country.
“Patent Pool” shall mean a joint Patent licensing program that consists of multiple Patent
holders who have decided to offer a joint license for their Patents.
“Person” shall mean an individual, a partnership, a corporation (including a business
trust), a joint stock company, an unincorporated association, a limited liability company,
a joint venture, a trust or other entity or a governmental authority.
“Plug-In” shall mean software that provides one type of functionality in an area when
linked with a Framework for such area (e.g., mp3 decoding in a multimedia framework).
“Pooled Patent” shall mean any Patent subject to a Patent Pool.
“Proposed Module” shall mean any Module submitted by a Member to the Foundation
for possible inclusion in the Foundation Platform, and for which the Foundation has not
made a determination as to whether or not to approve such Module for inclusion in the
Foundation Platform.
“Proprietary License” shall mean a non-exclusive copyright and, if applicable, Patent
license granted by a Contributor in a Module submitted to the Foundation, in accordance
with the Proprietary License Policy.
“Proprietary License Policy” shall mean the policy set forth in Annex C to the IPR
Policy, as may be amended from time to time in accordance with the bylaws of the
Foundation.
“Proprietary Module” shall mean any Module that is licensed, after Approval, by its
respective Contributor to the Members under the terms of a Proprietary License.
“Public Company” shall mean a company that has issued voting securities through an
offering, which securities are now publicly traded on the open market.
“Purpose” shall mean any of the (i) development of Modules for inclusion in the
Foundation Platform; (ii) development, manufacture and sale of Approved
Implementations; and (iii) development and distribution of application software which is
usable on the Foundation Platform.
“Specification” shall mean a document containing the complete set of technical criteria
that describes a release of the Foundation Platform, as published by the Architecture
Council and approved by the Board, from time to time, for each such release.
“Sensitive Materials” shall mean any (i) source code of FPL Modules and Proprietary
Modules (if source code is provided and not publicly known); (ii) source code of
Proposed Modules under which the FPL is designated or a Proprietary License is
designated (if source code is provided and not publicly known); and (iii) bug reports on
the software of the Foundation Platform; and (iv) documentation and materials related to
the foregoing.
“Standards Organization” shall mean an organization that determines or suggests
standards applicable to mobile devices, networks, or software, and that is not generally in
the business of selling or licensing software or Intellectual Property rights, has
membership that is open to all businesses in the trade in which such organization
operates, is not dominated or controlled by any single member.
“Subsidiary” of a Person shall mean a Majority-Owned Subsidiary or Controlled Public
Company of such Person.
“Trademark” shall mean any of the following, in any jurisdiction throughout the world:
trademarks (registered or unregistered), trademark applications, service marks, trade
dress, trade names, logos, slogans, and corporate names (and all translations, adaptations,
derivations and combinations of the foregoing) and Internet domain names, together with
all of the goodwill associated therewith.
“Use” shall mean, with respect to a Module or other software, API, or related materials,
preparing derivative works of, publicly displaying, making, having made, modifying,
copying, distributing, using, selling, offering for sale, importing, or otherwise disposing
of such Module, software, API or related materials, either alone, or as incorporated into
the Foundation Platform.