microPlatform Commercial Subscription License

Important

Foundries.io offers the Subscription Service under the terms of this agreement. You agree to be bound by these terms by clicking the I agree button at the end of this page. Note that this is a legally binding agreement that explains the terms and restrictions under which this Subscription Service is licensed to you.

Definitions

microPlatform(s)

Means the Zephyr and Linux microPlatform(s).

Product

The combination of the microPlatform(s), your software, and hardware including a microcontroller or SoC, that is sold in any volume to end customers, either directly or through distribution channel(s). For the purposes of this agreement a set of products that run a single binary software build are regarded as a single Product. For example, a device that is shipped with several variants of memory or other configuration is regarded as a single Product provided that the software build used and updated in each variant is identical.

Release

A release of the microPlatform(s) that provides software builds and documentation, bug fixes, security patches and/or new features in source and/or binary formats.

Subscription Service

The Subscription Service consists of the provision of Releases to you, to enable you to develop and maintain a single Product.

Agreement

Purpose

You may only use the Subscription Service for the purposes of:

  • Using the microPlatform(s) to create a derivative binary software build for a single Product, by combining the microPlatform(s) and additional open source or proprietary software.

  • Maintaining, supporting and updating a single Product through its lifetime by updating the derivative binary software build using the Subscription Service. You agree to only deliver Product updates as binary images.

Distribution

The Releases consist of open source code and documentation provided to subscribers, together with certain proprietary code and documentation, which is copyright Foundries.io. Foundries.io work product includes the creation, testing and documentation of these Releases. You agree that you will not resell, pass-on, distribute or sublicense the Subscription Service or Release(s) in whole or in part.

You may, however, freely distribute the source code for your Product under the terms of the included open source license(s), including any updates that are included in your Product at the time of its distribution, or during the Product lifetime.

Copyright and Reservation of Rights

Certain elements of the Releases may be proprietary code and documentation, and are protected by copyright and other intellectual law.

Open Source Licenses

You agree to be bound by the relevant open source licenses which are included in the source code directories and files.

Export

The software provided under this license contains encryption software and is subject to UK, European and US export control laws and may also be subject to export and import regulations in other countries (“export laws”). BEFORE using the software, please check your country's export laws, regulations and policies concerning the import, possession, or use, and re-export of encryption software, to see if this is permitted. See www.wassenaar.org for more information.

Disclaimer of Warranty

You agree that the software is provided by Foundries.io on an “as is” basis. Foundries.io makes no warranty, express, implied or statutory, with respect to any of the software and you expressly assume all liabilities and risks for use or operation of the software. Should the software prove defective, you agree that you assume the entire cost of all necessary servicing, repair or correction.

Limitation of Liability

To the maximum extent permitted by applicable law, in no event will Foundries.io be liable for any indirect, special, incidental or consequential damages (including loss of profits) arising out of the use or inability to use the software, whether based on a claim under contract, tort or other legal theory, even if Foundries.io was advised of the possibility of such damages.

Foundries.io does not seek to limit or exclude liability for death or personal injury arising from Foundries.io’s negligence and because some jurisdictions do not permit the exclusion or limitation of liability for consequential or incidental damages the above limitations may not apply to you.

Notwithstanding anything to the contrary contained in this license, the maximum liability of Foundries.io to you in aggregate for all claims made against Foundries.io in contract tort or otherwise in connection with this license shall not exceed the greater of; i) the total sums paid for this license, and ii) $10.00 USD. The existence of more than one claim will not enlarge or extend the limit.

Termination of Subscription

You are free to give notice of termination of your subscription at any time. Because subscription fees are payable in advance, termination of this license will occur on conclusion of the last day of the month (“the termination date”) during which termination notice is given to Foundries.io and you will be free to continue to enjoy the full benefits of this license until the termination date. Following the termination date you are free to continue to use the Public Release and the Updates that have previously been made available to you under the terms of this license, which shall survive the termination of your subscription.

General

This license is governed under English Law. If any clause or sentence in this license is held by a court of law to be illegal or unenforceable the remaining provisions of this license shall not be affected thereby.

Support

Foundries.io is not under any obligation to provide support, but it may do so at its own discretion, and to the extent that it does, it will only be in respect of the software as delivered, and not any modifications thereto except as agreed in writing between you and Foundries.io.

Changes

From time to time we may notify you of changes to this agreement by email. If you do not agree to the changes you will continue to be bound by these terms for the Public Releases and Updates that you have already downloaded. However, you will be required to accept the changes if you wish to download a new Update. If you do not wish to accept the new terms you may terminate your subscription and request a refund for any unused term pre-paid beyond the termination date.