A couple of years ago I started a thread about the Intel IA-32 EL License here: http://lists.debian.org/debian-legal/2007/04/msg00198.html
It didn't get much feedback and I didn't manage to find someone at Intel at that time. Recently I was put into contact with the appropriate folks at Intel and had a phone call with them today. I described our method of distribution (Internet/mirror/media) and the debconf/click-through EULA mechanism used by the sun-java packages and they believed it to be in the spirit of the license. I also noted that Debian can update and remove software, but only as part of normal processes (e.g. point releases, security updates), and can only go back so far - they seemed to believe that this was reasonable. Intel seem willing to consider modifications to the wording of the license, so I'd like to try and formulate a list of changes Debian would like to see. Please CC me on any replies. Source: http://www.intel.com/cd/software/products/asmo-na/eng/219773.htm License: IMPORTANT - READ BEFORE COPYING, INSTALLING OR USING. INTEL IA-32 EL LICENSE AGREEMENT This IA-32 EL License Agreement ("Agreement") is entered into by and between Intel and You ("the Parties"). Do not copy, install, or use the materials provided under this Agreement until you have carefully read the following terms and conditions. By clicking the "Accept" button below, or by copying, installing, or otherwise using the IA-32 EL, You agree to be bound by the terms of this Agreement. If you do not agree to the terms of this Agreement, you are not authorized to copy, install, or use the IA-32 EL. If you are an agent or employee of a legal entity you represent and warrant that you have the authority to bind such legal entity to this Agreement. Based upon Your acceptance of the terms herein, Intel wishes to grant You the limited license set forth below. Now, therefore, the Parties agree to the following terms and conditions: 1. Definitions "IA-32 EL" means Intel's IA-32 Execution Layer software which is composed of the following independent components: (1) "IA32Exec.bin" file which is translator code provided in binary form; (2) "Libia32x.so" file which is the interface layer between the translator to the Linux* operating system provided in source code form; (3) "IA32el" file which is a utility to enable IA-32 Execution Layer functionality in binary form; and (4) "Suid_libia32x.so" file which is an interface library to run 32bit app with suid permission in binary form "Your Operating System" means a Linux-based computer operating system designed for operation on Intel(R) Itanium(R) processors that You distribute with Your Itanium architecture-based platforms. "Intel Update" shall mean any bug fix, enhancement or other modifications to the IA-32 EL delivered by Intel to You. Upon delivery of an Intel Update by Intel to You, the Intel Update shall be deemed "Code" for all purposes under this license 2. License The Libia32x.so and the Suid_libia32x.so components are separately licensed to You under the Library General Public License (LGPL), Version 2, dated June 1991. With regard to IA32Exec.bin and IA32el (including Intel Updates relating thereto) and only for the term of this Agreement, Intel grants You a non-exclusive, nontransferable (without the right to sublicense except for distribution of binary code as set forth below), royalty-free license under Intel's trade secrets and copyrights to: A. Copy and use IA32Exec.bin (and Intel Updates) internally only for Your Operating System integration and maintenance purposes related to systems which include microprocessors manufactured by Intel; and distribute IA32Exec.bin (and Intel Updates) only as part of IA-32 EL, externally (including through others in the chain of manufacture or distribution) to end users. You may only distribute IA32Exec.bin, without modification, as part of the IA-32 EL one-for-one with Your Operating System as incorporated into Your computer system and not as a stand-alone item (except for evaluation, trial and other copies of Your Operating System licensed by You on a royalty free basis) and under a license agreement that has terms and conditions at least as restrictive as those set forth in Exhibit B, (Requirements for End User License Agreements); except that You may distribute the Intel Updates to fix and/or replace such previously released IA-32 EL without distribution of Your Operating System. B. You may not copy, modify, rent, sell, distribute, sublicense or transfer any part of IA32Exec.bin except as provided in this Agreement. C. No other license is granted to You, and You agrees that it shall not: (i) modify, reverse engineer, disassemble, decompile, decode, or do any other such act to IA32Exec.bin in any manner, (ii) use IA32Exec.bin for any purpose or in any other manner other than as expressly set forth herein, (iii) use IA32Exec.bin with any operating system that is used with any computer systems that are not based on Intel Itanium(R) microprocessors. D. Nothing in this Agreement shall be construed as in any other way limiting Your ability to create other products for Intel microprocessors (under separate agreement), and products for non-Intel microprocessors. 3. Ownership Title to all copies of the IA-32 EL remains with Intel or its suppliers. IA-32 EL is copyrighted and protected by the laws of the United States and other countries, and international treaty provisions. You may not remove any copyright notices from the IA-32 EL. Except as otherwise expressly provided, Intel grants no express or implied right to Intel patents, copyrights, trademarks, or other intellectual property rights. 4. Updates Intel will make Intel Updates available on its web site from time to time to address issues with the IA-32 EL. You agree to make commercially reasonable efforts to check the Intel web site at http://developer.intel.com/ for Intel Updates and deliver the Updates to Your customers within a reasonable time after such updates are made available to You by Intel. 5. Exclusion of Warranties IA-32 EL IS PROVIDED "AS IS" WITHOUT ANY EXPRESS OR IMPLIED WARRANTY OF ANY KIND INCLUDING WARRANTIES OF MERCHANTIBILITY, NONINFRINGEMENT, OR FITNESS FOR A PARTICULAR PURPOSE. Intel does not warrant or assume responsibility for the accuracy or completeness of any information, text, graphics, links or other items contained within the IA-32 EL. 6. Limitation of Liability IN NO EVENT SHALL EITHER PARTY (OR ITS SUPPLIERS) BE LIABLE FOR ANY DAMAGES WHATSOEVER (INCLUDING WITHOUT LIMITATION, LOST PROFITS, BUSINESS INTERRUPTION, OR LOST INFORMATION) ARISING OUT OF THE USE OF OR INABILITY TO USE IA-32 EL, EVEN IF SUCH PARTY HAS BEEN ADVISED OF THE POSSIBLITY OF SUCH DAMAGES. SOME JURISDICTIONS PROHIBIT EXCLUSION OR LIMITATION OF LIABILTY FOR IMPLIED WARRANTIES OR CONSEQUENTIAL OR INCIDENTAL DAMAGES, SO THE ABOVE LIMITATION MAY NOT APPLY TO YOU. YOU MAY ALSO HAVE OTHER LEGAL RIGHTS THAT VARY FROM JURISDICTION TO JURISDICTION. 7. User Submissions Any material, information or other communication, including all data, images, sounds, text, and other things embodied therein regarding the IA-32 EL, that You transmit or post to an Intel website will be considered non-confidential ("Communications"). Intel will have no obligations with respect to the Communications. Intel and its designees will be free to copy, modify, create derivative works, publicly display, disclose, distribute, license and sublicense through multiple tiers of distribution and licensees, incorporate and otherwise use the Communications, including derivative works thereto, for any and all commercial or non-commercial purposes. 8. No Assignment Except as expressly authorized hereby, You shall not assign, sublicense, or in any other way transfer or make available any of You's rights in any of IA-32 EL to any third party or reproduce, distribute, disclose or make available or accessible any part of IA-32 EL. Any attempt to do so is void. 9. Termination of this Agreement Intel may terminate this Agreement at any time you are in breach of the terms. Upon termination, You will immediately destroy or return the IA32Exec.bin (including Intel Updates relating thereto). 10. Applicable Laws Claims arising under this Agreement shall be governed by the laws of California, excluding its principles of conflict of laws and the United Nations Convention on Contracts for the Sale of Goods. You may not export IA-32 EL in violation of applicable export laws and regulations. 11. Relationship of Parties You and Intel are independent contractors. Nothing in this Agreement will be construed as creating a partnership or joint venture, or to make either Party liable for the obligations, acts, omissions, or activities of the other Party. 12. Merger and Waiver This Agreement is intended to be the entire agreement between the Parties with respect to matters contained herein, and supersedes all prior or contemporaneous agreements and negotiations with respect to those matters. No waiver of any breach or default shall constitute a waiver of any subsequent breach or default. Should any the terms and conditions of this Agreement conflict with the terms and conditions contained in Exhibit A or Exhibit B to this Agreement, the terms and conditions of this Agreement shall prevail. Exhibit A Support You will directly support Your Operating System that includes the IA-32 Execution Layer with Your customers. All errors, including any fixes or patches developed by You that are related to the IA-32 Execution Layer shall be reported to Intel by You using Intel web site at http://developer.intel.com/ at the IA-32 Execution Layer page. Exhibit B REQUIREMENTS FOR END USER LICENSE AGREEMENTS At a minimum, Your End User License Agreements shall meet the following requirements: You shall ensure that the following minimum terms, as described below, are included in End User License Agreement for the You OS that the IA-32 EL is incorporated into: An END USER may: 1. Copy the Software or Documentation solely for backup or archival purposes. 2. Transfer the Software and Documentation to another party if the receiving party agrees to the terms substantially similar to and as protective as the terms set forth in this Exhibit B, and transferor retains no copies of the Software and Documentation. Transfer of the Software and Documentation terminates the transferor's rights to use the Software and Documentation. An END USER may not: 1. Sublicense or further distribute the Software or Documentation; 2. Reverse engineer, decompile, or disassemble the Software; 3. Copy or modify the Documentation, in whole or in part. 4. Remove any copyright notices from the Software or Documentation. 5. Export or import Software or Documentation in violation of any law, regulation, orders or other restrictions of the United States government and its agencies or any foreign government. 6. Take any action prohibited by the terms of Exhibit B. An END USER shall also be made aware that: 1. Title to the Software and Documentation and all copies thereof remain with You or its suppliers, as applicable, and that the Software and Documentation are copyrighted and protected by United States and international copyright laws. 2. The Software and Documentation is provided "AS IS" and that the warranties of Merchantability, Fitness for a Particular Purpose and of Non-Infringement are expressly excluded. 3. The end user license may be terminated at any time if the END USER is in breach of any of its terms and conditions. Upon termination, the END USER must immediately destroy the Software and Documentation or return all copies. 4. Liability to the END USER is limited to direct damages only, and that all indirect, special, incidental and consequential damages of any kind are disclaimed to the extent allowed by law. 5. The Software and Documentation are provided with RESTRICTED RIGHTS, as that term is understood in government procurement. * Other names and brands may be claimed as the property of others -- dann frazier -- To UNSUBSCRIBE, email to debian-legal-requ...@lists.debian.org with a subject of "unsubscribe". Trouble? Contact listmas...@lists.debian.org