(i) any modifications or derivatives made by Recipient to the Device Adapter Code shall only be used in conjunction with the Software; and (ii) Recipient shall not distribute the Device Adapter Code, or any portion thereof, on a stand-alone basis or otherwise permit further distribution of the Device Adapter Code and/or derivatives thereof by third parties.
(Translation: you are NOT free to do what you want with your own source code if you use this SDK to create it.)
(c) Open Source. Recipient’s license rights to the Software are conditioned upon Recipient (i) not distributing such Software, in whole or in part, in conjunction with Potentially Viral Software (as defined below); and (ii) not using Potentially Viral Software (e.g. tools) to develop Recipient software which includes the Software, in whole or in part.
(Translation: you can NOT bundle software created with this SDK with software created with GPL tools on the same release medium. But, does this mean that only your CDs can NOT contain both MS drivers and GPL drivers, or does it include having NOT URL's on your website for both types of drivers? See below.)
For purposes of the foregoing, “Potentially Viral Software” means software which is licensed pursuant to terms that: (x) create, or purport to create, obligations for Microsoft with respect to the Software or (y) grant, or purport to grant, to any third party any rights to or immunities under Microsoft’s intellectual property or proprietary rights in the Software. By way of example but not limitation of the foregoing, Recipient shall not distribute the Software, in whole or in part, in conjunction with any Publicly Available Software. (Translation: If you use this SDK to create drivers for your adaptors, you can NOT release any GPL software "in conjunction with" any kind of GPL software, including drivers for your adaptors that you may have created using GPL tools or have put under GPL license. Website or CD... no 'conjuction' allowed.)
“Publicly Available Software” means each of (i) any software that contains, or is derived in any manner (in whole or in part) from, any software that is distributed as free software, open source software (e.g. Linux) or similar licensing or distribution models; and (ii) any software that requires as a condition of use, modification and/or distribution of such software that other software distributed with such software (A) be disclosed or distributed in source code form; (B) be licensed for the purpose of making derivative works; or (C) be redistributable at no charge. Publicly Available Software includes, without limitation, software licensed or distributed under any of the following licenses or distribution models, or licenses or distribution models similar to any of the following: (A) GNU’s General Public License (GPL) or Lesser/Library GPL (LGPL), (B) The Artistic License (e.g., PERL), (C) the Mozilla Public License, (D) the Netscape Public License, (E) the Sun Community Source License (SCSL), and (F) the Sun Industry Standards License (SISL).
It was only March 13th, 2001, that "We'll make some announcements Monday where we'll have ways for people who are not running on top of a Microsoft platform ... to implement our .NET services," Ballmer said,..."
'Asked if the operating systems supported will include Linux, seen by some as a competitor to Windows, Ballmer replied that they would.
"Do we have a way for people who host Web sites on Linux to build on [.NET]? Yes we do. That's not to say our overall strategy is not to get those Web sites over to Windows, but we will provide a way for those Linux servers to use .NET," Ballmer said.'
http://iwsun4.infoworld.com/articles/hn/xml/01/03/13/010313hnnonms.xml
Full EULA at:
http://msdn.microsoft.com/msdn-files/027/001/516/eula_mit.htm
Nebraska Dept of Revenue
