Partner Subscription Agreement

Important

Foundries.io offers the Partner 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).

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 Updates to you from the Foundries.io website for the purposes described herein.

Agreement

Purpose

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

  1. Unlimited internal use including, but not limited to, product development, demonstration to third parties, evaluation and testing

  2. Creating additional value or services based on, or related to, Foundries.io Subscription Service provided that,

    1. You agree that such value or services shall be only be provided to current paid up subscribers to the relevant Foundries.io Subscription Service, or,

    2. You are a party to a separate written Distribution agreement between you and Foundries.io permitting you to provide such value or services to other 3rd parties

There are no restrictions on the number of users in your Company within the permitted purposes.

You are encouraged to contribute to the relevant upstream project sources (including but not limited to MCUBoot, Zephyr, Linux Kernel, Open Embedded / Yocto layers and meta-Foundries.io) under the terms of those projects, and/or to contribute directly to Open Source Foundries under the terms of a separate Contributor License Agreement (CLA),

Foundries.io Product Subscription

You or your customer may subscribe for Foundries.io Product Subscription(s), which are licensed under a separate click-through agreement. As an Open Source Foundries Partner you are entitled to one Foundries.io Product Subscription at no additional cost while you maintain your Partner Subscription.

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 OSF 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 year (“the termination date”) during which termination notice is given to OSF 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.

Marketing

You agree to Open Source Foundries identifying you as a Partner on the appropriate Partner pages on the website located at foundries.io and in other marketing activities where all of Open Source Foundries Partners are identified.

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 OSF.

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 prepaid beyond the termination date.