These licence agreements have now been superseded by the open source MIT licence all of our projects hosted on this site have since been released under.

 

Standard Source Code Licence Agreement

Last updated 14th April 2006

1. GRANT OF LICENCE

1.1 Solely in return for a single paid-up licence fee payment for a Source Code product Embedded-Code.com grants the Customer the rights set forth herein, and both Embedded-Code.com and the Customer accept the terms and conditions, and licences stated in this agreement

1.2 The purchase of a product incorporating Source Code from Embedded-Code.com constitutes the customers acceptance of this Licence Agreement.

2. USE OF THE SOURCE CODE

2.1 A license is issued to an individual or a specified workstation in a company or organisation. If the licence is issued to a specified workstation in a company or organisation the license may only be used by a single individual employed to work at the specified workstation.

2.2 The purchase of a ‘Private Licence’ shall grant the Customer the rights to use the Source Code for personal experimentation and evaluation purposes only. The Customer shall have the right to modify the Source Code as required.

2.3 The purchase of a ‘Commercial Licence’ shall grant the Customer the rights to use the modified or unmodified Source Code and/or derived binary executable in commercial products. The Customer is granted the rights to distribute an unlimited quantity of the commercial products containing the Source Code and/or derived binary executable for the life of the products, providing the Customer ensures the source code may not be read, copied or otherwise obtained by any third party that does not hold a Licence for the Source Code. The derived binary executable may be distributed to third parties, providing the Customer ensures the source code may not be read, copied or otherwise obtained by any third party that does not hold a Licence for the Source Code.

3. COPYRIGHT

3.1 The Source Code is owned by Embedded-Code.com or its suppliers and is protected by copyright laws and international treaty provisions.

4. CUSTOMERS UNDERTAKINGS

4.1 The Customer undertakes not to perform any of the acts referred to in this sub-clause 4.1 except to the extent and only to the extent permitted by law to the Customer as a lawful user of the Source Code and only then for the specific limited purpose permitted by law or hereunder. The Customer undertakes:

4.1.1 not to remove, obscure or alter any notice of patent, copyright, trademark or other proprietary notice on or in the Source Code;

4.1.2 not to sub-license, distribute, rent, lease, or otherwise transfer the Source Code or any unique access code or copy the Source Code;

4.1.3 not to make the Source Code accessible by any type of broadcast or transmission;

4.1.4 not to use the Source Code to attract customers away from Embedded-Code.com or to procure commercial advantage over Embedded-Code.com or to use it in any other way which is likely to be detrimental to Embedded-Code.com or its business;

4.1.5 not to enable a third party to do any of the acts set out in this clause.

4.2 To maintain accurate and up-to-date records of the number and location of all copies of the Source Code.

4.3 To supervise and control use of the Source Code in accordance with the terms of this Licence.

4.4 To ensure that its employees, agents and other parties who may have access to the Source Code are notified of this Licence and the terms hereof prior to such employee, agent or party gaining access to the same.

4.5 To reproduce and include the copyright notice of Embedded-Code.com on all and any copies, whether in whole or in part, in any form, including partial copies or modifications of the Source Code made herein.

4.6 Not to provide or otherwise make available the Source Code in whole or in part in any form in connection with or in conjunction with or as part of any Managed Service or to any person who does not also hold a Licence for the Source Code without prior written consent from Embedded-Code.com. For the purpose of this clause 4.6 "Managed Service" shall mean any commercial time sharing rental, bureau service or outsourcing agreement or arrangement.

4.7 Within fourteen (14) days after the date of termination or discontinuance of this Licence for whatever reason, to destroy the Source Code and all updates, upgrades or copies, in whole and in part, in any form including partial copies or modifications of the Source Code received from Embedded-Code.com or made in connection with this Licence, and all documentation relating thereto.

5. WARRANTY

5.1 The software is supplied 'as-is' for development purposes. The Customer acknowledges that the Source Code is not necessarily error-free and agrees that the existence of errors shall not constitute a breach of this Licence.

5.2 In the event that the Customer discovers a material error which substantially affects the Customers use of the same and notifies Embedded-Code.com of the error within ninety (90) days from the date of the first use of the Source Code (the "warranty period") Embedded-Code.com shall use all reasonable endeavours to correct by patch or new release that part of the Source Code which does not so comply provided that such non-compliance has not been caused by any modification, variation or addition to the Source Code not performed by Embedded-Code.com or caused by its incorrect use, abuse or corruption of the Source Code or by use of the Source Code with other Source Code or on equipment with which it is incompatible.

5.3 To the extent permitted by law, Embedded-Code.com disclaims all other warranties with respect to the Source Code, either express or implied, including but not limited to any implied warranties or terms and conditions of satisfactory quality or fitness for any particular purpose. Specifically Embedded-Code.com does not warrant that the functions mentioned in the Source Code will meet the Licensee’s individual requirements.

6. PAYMENT

6.1 The Licence Fee shall be paid by the Customer in full prior to the use of the Source Code and/or binary executibles.

7. EMBEDDED-CODE.COM’S LIABILITY

7.1 Embedded-Code.com shall not be liable to the Licensee for any loss or damage whatsoever or howsoever caused arising directly or indirectly in connection with this Licence, the Source Code, its use or otherwise, except to the extent set out in clause 7.2 below or to the extent that such liability may not be lawfully excluded.

7.2 The Licensee agrees that the maximum aggregate liability of Embedded-Code.com whether in contract, tort, negligence, statutory duty or otherwise, for any loss or damage whatever arising from or in any way connected with any liability not excluded by this Agreement shall be limited to GBP £500. This limit shall also apply in the event that any exclusion or other provision contained in this Agreement is held to be invalid for any reason and Embedded-Code.com becomes liable for loss or damage that could otherwise have been limited.

7.3 Embedded-Code.com expressly excludes liability for indirect, special, incidental or consequential loss or damage which may arise in respect of the Source Code, its use, the System or in respect of other equipment or property, or for loss of profit, business, revenue, goodwill or anticipated savings.

7.4 Embedded-Code.com does not exclude liability for death or personal injury to the extent only that the same arises as a result of the negligence of Embedded-Code.com, its employees, agents or authorised representatives.

7.5 If Embedded-Code.com is unable through no act or default of the Customer to secure the correction of defects in the Source Code in accordance with and during the ninety (90) day warranty period and where the Source Code is totally unusable due to the defect, the Customer may reject it by sending written notice to Embedded-Code.com within fourteen (14) days of receipt of notice from Embedded-Code.com that Embedded-Code.com is unable to correct or procure the correction of such defects.

8. INTELLECTUAL PROPERTY RIGHTS

The Customer acknowledges that any and all of the copyright, trademarks, trade names, patents and other intellectual property rights subsisting in or used in connection with the Source Code including but not limited to all documentation and manuals relating thereto, all images, animations, audio music and text incorporated into the Source Code and/or documentation remain the sole property of Embedded-Code.com. The Customer agrees to immediately notify Embedded-Code.com of any actual or suspected infringement and the Customer also agrees not to use any of Embedded-Code.com’s trademarks as any part of the name under which the Customer conducts its business.

9. CONFIDENTIAL INFORMATION

9.1 If during the performance of its obligations under this licence either party (“the Receiving Party”) is exposed to any information of the other (“the Disclosing Party”) which the Disclosing Party identifies as being of a confidential or sensitive nature, the Receiving Party shall respect the confidentiality of such information and will not use it save insofar as its use is necessary in the performance of its obligations under this licence and the Receiving Party shall restrict dissemination of such information to its employees on a need-to-know basis.

9.2 The obligations accepted by the Receiving Party under Clause 9.1 above shall not apply to any material which:

9.2.1 is already known to the Receiving Party; or

9.2.2 is public knowledge or enters the public domain without fault on the Receiving Party’s part; or

9.2.3 is lawfully received from a third party; or

9.2.4 is ordered to be disclosed by a court or other tribunal of competent jurisdiction.

9.3 The obligations upon the Receiving Party under Clause 9.1 shall not oblige the Receiving Party to exercise a higher degree of care towards the Disclosing Party’s confidential information than it does towards its own information of a like nature.

10. FORCE MAJEURE

Embedded-Code.com shall be under no liability to the Customer in respect of anything which, apart from this provision, may constitute breach of this Licence arising by reason of force majeure, where such event is beyond that party’s reasonable control.

11. TERM AND TERMINATION

11.1 This licence shall commence on the date of purchase and shall continue until terminated in accordance with this clause or as otherwise provided in this licence.

11.2 Embedded-Code.com may by notice in writing to the Customer terminate this Licence if:

11.2.1 the Customer is in breach of any term, condition or provision of this Licence or required by law and fails to remedy such breach (if capable of remedy) within thirty (30) days of having received written notice from Embedded-Code.com specifying such breach or

11.2.2 if the Customer ceases to carry on business or a substantial part thereof or enters into liquidation whether compulsory or voluntary other than for the purpose of amalgamation or reconstruction or compounds with its creditors generally or has a receiver or manager or administrator appointed over all or any part of its assets or becomes unable to pay its debts as they fall due.

11.3 Upon termination, the Customer shall comply with its undertaking specified in clause 4 .7 above.

11.4 Termination, howsoever or whenever occasioned shall be subject to any rights and remedies Embedded-Code.com may have under this Licence or under law.

12. ASSIGNMENT

12.1 The Customer shall not assign or otherwise transfer all or any part of the Source Code or this Licence, other than as specified in clause 2.3 above, without prior written consent from Embedded-Code.com

13. WAIVER

No delay, neglect or forbearance on the part of either party in enforcing its rights or any of them against the other shall be construed as a waiver or in any way prejudice any of its rights hereunder.

14. HEADINGS

The headings of the terms and conditions herein contained are inserted for convenience or reference only and are not intended to be part of or to affect the meaning or interpretation of any of the terms and conditions of this Licence.

15. SEVERABILITY

In the event that any of these terms and conditions or provisions shall be determined by any competent authority to be invalid, unlawful or unenforceable to any extent, such terms, condition or provision shall to that extent be severed from the remaining terms, conditions and provisions which shall continue to be valid to the fullest extent permitted by law.

16. LAW

This Agreement shall be governed by and construed in accordance with the laws of England and shall be subject to the jurisdiction of the English Courts.

17. NOTICES

Any notice, instruction or other document to be given by either arty to the other hereunder may be left at or sent by pre-paid post, telex or confirmed facsimile transmission (as appropriate) to the address specified below or such other address notified by either party to the other for such purpose.

18. SURVIVAL

The provisions of clauses 2, 4, 6, 7, 8, 11, 14, and 15 shall survive termination of this Licence.

19. ENTIRE AGREEMENT

This Agreement sets out the entire agreement and understanding between the parties relating to its subject matter. Nothing in this clause shall relieve either party of liability for fraudulent misrepresentations and neither party shall be entitled to any remedy for either any negligent or any innocent misrepresentation except to the extent (if any) that a court or arbitrator may allow reliance as the same as being fair and reasonable.

~~~

Free Driver Project Source Code Licence Agreement

Last updated 9th April 2011

1. GRANT OF LICENCE

1.1 This licence agreement shall only apply to Source Code projects advertised on the www.embedded-code.com web site as a Free Driver project. Embedded-Code.com grants the User the rights set forth herein, and both Embedded-Code.com and the User accept the terms and conditions, and licences stated in this agreement

1.2 The download of a Free Driver project file or the utilisation of a Free Driver project file incorporating Source Code from Embedded-Code.com constitutes the users acceptance of this Licence Agreement.

2. USE OF THE SOURCE CODE

2.1 A license is issued to an individual or organisation.

2.2 The User is granted the rights to use the modified or unmodified Source Code and/or derived binary executable for personal experimentation, evaluation, in non commercial products and in commercial products. The User is granted the rights to distribute an unlimited quantity of products containing the Source Code and/or derived binary executable for the life of the products, providing the User ensures that the source code is not published or distributed in whole or in part.  Derived binary executables may be distributed to third parties.

3. COPYRIGHT

3.1 The Source Code is owned by Embedded-Code.com or its suppliers and is protected by copyright laws and international treaty provisions.

4. USERS UNDERTAKINGS

4.1 The User undertakes not to perform any of the acts referred to in this sub-clause 4.1 except to the extent and only to the extm shall use all reasonable endeaomer as a lawful user of the Source Code and only then for the specific limited purpose permitted by law or hereunder. The User undertakes:

4.1.1 not to remove, obscure or alter any notice of patent, copyright, trademark or other proprietary notice on or in the Source Code;

4.1.2 not to sub-license, distribute, rent, lease, or otherwise transfer the Source Code or any unique access code or copy the Source Code;

4.1.3 not to make the Source Code accessible by any type of broadcast or transmission;

4.1.4 not to use the Source Code to attract customers away from Embedded-Code.com or to procure commercial advantage over Embedded-Code.com or to use it in any other way which is likely to be detrimental to Embedded-Code.com or its business;

4.1.5 not to enable a third party to do any of the acts set out in this clause.

 

4.2 To supervise and control use of the Source Code in accordance with the terms of this Licence.

4.3 To ensure that its employees, agents and other parties who may have access to the Source Code are notified of this Licence and the terms hereof prior to such employee, agent or party gaining access to the same.

4.4 To reproduce and include the copyright notice of Embedded-Code.com on all and any copies, whether in whole or in part, in any form, including partial copies or modifications of the Source Code made herein.

4.5 Not to provide or otherwise make available the Source Code in whole or in part in any form in connection with or in conjunction with or as part of any Managed Service without prior written consent from Embedded-Code.com. For the purpose of this clause 4.6 "Managed Service" shall mean any commercial time sharing rental, bureau service or outsourcing agreement or arrangement.

4.6 Within fourteen (14) days after the date of termination or discontinuance of this Licence for whatever reason, to destroy the Source Code and all updates, upgrades or copies, in whole and in part, in any form including partial copies or modifications of the Source Code received from Embedded-Code.com or made in connection with this Licence, and all documentation relating thereto.

5. WARRANTY

5.1 The software is supplied 'as-is' for development purposes. The User acknowledges that the Source Code is not necessarily error-free and agrees that the existence of errors shall not constitute a breach of this Licence.

 

5.2 To the extent permitted by law, Embedded-Code.com disclaims all other warranties with respect to the Source Code, either express or implied, including but not limited to any implied warranties or terms and conditions of satisfactory quality or fitness for any particular purpose. Specifically Embedded-Code.com does not warrant that the functions mentioned in the Source Code will meet the Licensee’s individual requirements.

6. EMBEDDED-CODE.COM’S LIABILITY

6.1 Embedded-Code.com shall not be liable to the Licensee for any loss or damage whatsoever or howsoever caused arising directly or indirectly in connection with this Licence, the Source Code, its use or otherwise, except to the extent set out in clause 6.2 below or to the extent that such liability may not be lawfully excluded.

6.2 The Licensee agrees that the maximum aggregate liability of Embedded-Code.com whether in contract, tort, negligence, statutory duty or otherwise, for any loss or damage whatever arising from or in any way connected with any liability not excluded by this Agreement shall be limited to GBP £100. This limit shall also apply in the event that any exclusion or other provision contained in this Agreement is held to be invalid for any reason and Embedded-Code.com becomes liable for loss or damage that could otherwise have been limited.

6.3 Embedded-Code.com expressly excludes liability for indirect, special, incidental or consequential loss or damage which may arise in respect of the Source Code, its use, the System or in respect of other equipment or property, or for loss of profit, business, revenue, goodwill or anticipated savings.

6.4 Embedded-Code.com does not exclude liability for death or personal injury to the extent only that the same arises as a result of the negligence of Embedded-Code.com, its employees, agents or authorised representatives.

7. INTELLECTUAL PROPERTY RIGHTS

The User acknowledges that any and all of the copyright, trademarks, trade names, patents and other intellectual property rights subsisting in or used in connection with the Source Code including but not limited to all documentation and manuals relating thereto, all images, animations, audio music and text incorporated into the Source Code and/or documentation remain the sole property of Embedded-Code.com. The User agrees toc immediately notify Embedded-Code.com of any actual or suspected infringement and the User also agrees not to use any of Embedded-Code.com’s trademarks as any part of the name under which the User conducts its business.

8. CONFIDENTIAL INFORMATION

8.1 If during the performance of its obligations under this licence either party (“the Receiving Party”) is exposed to any information of the other (“the Disclosing Party”) which the Disclosing Party identifies as being of a confidential or sensitive nature, the Receiving Party shall respect the confidentiality of such information and will not use it save insofar as its use is necessary in the performance of its obligations under this licence and the Receiving Party shall restrict dissemination of such information to its employees on a need-to-know basis.

8.2 The obligations accepted by the Receiving Party under Clause 9.1 above shall not apply to any material which:

8.2.1 is already known to the Receiving Party; or

8.2.2 is public knowledge or enters the public domain without fault on the Receiving Party’s part; or

8.2.3 is lawfully received from a third party; or

8.2.4 is ordered to be disclosed by a court or other tribunal of competent jurisdiction.

8.3 The obligations upon the Receiving Party under Clause 8.1 shall not oblige the Receiving Party to exercise a higher degree of care towards the Disclosing Party’s confidential information than it does towards its own information of a like nature.

9. FORCE MAJEURE

Embedded-Code.com shall be under no liability to the User in respect of anything which, apart from this provision, may constitute breach of this Licence arising by reason of force majeure, where such event is beyond that party’s reasonable control.

10. TERM AND TERMINATION

10.1 This licence shall commence on the date of download and shall continue until terminated in accordance with this clause or as otherwise provided in this licence.

10.2 Embedded-Code.com may by notice in writing to the User terminate this Licence if:

10.2.1 the User is in breach of any term, condition or provision of this Licence or required by law and fails to remedy such breach (if capable of remedy) within thirty (30) days of having received written notice from Embedded-Code.com specifying such breach.

10.3 Upon termination, the User shall comply with its undertaking specified in clause 4 .6 above.

10.4 Termination, howsoever or whenever occasioned shall be subject to any rights and remedies Embedded-Code.com may have under this Licence or under law.

11. ASSIGNMENT

11.1 The User shall not assign or otherwise transfer all or any part of the Source Code or this Licence, other than as specified in clause 2.2 above, without prior written consent from Embedded-Code.com

12. WAIVER

No delay, neglect or forbearance on the part of either party in enforcing its rights or any of them against the other shall be construed as a waiver or in any way prejudice any of its rights hereunder.

13. HEADINGS

The headings of the terms and conditions herein contained are inserted for convenience or reference only and are not intended to be part of or to affect the meaning or interpretation of any of the terms and conditions of this Licence.

14. SEVERABILITY

In the event that any of these terms and conditions or provisions shall be determined by any competent authority to be invalid, unlawful or unenforceable to any extent, such terms, condition or provision shall to that extent be severed from the remaining terms, conditions and provisions which shall continue to be valid to the fullest extent permitted by law.

15. LAW

This Agreement shall be governed by and construed in accordance with the laws of England and shall be subject to the jurisdiction of the English Courts.

16. NOTICES

Any notice, instruction or other document to be given by either arty to the other hereunder may be left at or sent by pre-paid post, telex or confirmed facsimile transmission (as appropriate) to the address specified below or such other address notified by either party to the other for such purpose.

17. SURVIVAL

The provisions of clauses 2, 4, 6, 7, 10, 13, and 14 shall survive termination of this Licence.

18. ENTIRE AGREEMENT

This Agreement sets out the entire agreement and understanding between the parties relating to its subject matter. Nothing in this clause shall relieve either party of liability for fraudulent misrepresentations and neither party shall be entitled to any remedy for either any negligent or any innocent misrepresentation except to the extent (if any) that a court or arbitrator may allow reliance as the same as being fair and reasonable.

Our contact details are as follows:

Embedded-Code.com
IBEX UK Limited
32A Station Road West
Oxted
Surrey
RH8 9EU
United Kingdom

Embedded-Code.com is a division of IBEX UK Limited. Registered in England & Wales No: 5909842. Registered Office: 75 Park Lane, Croydon, Surrey, CR9 1XS