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author | George Shapovalov <george@gentoo.org> | 2002-12-07 03:03:35 +0000 |
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committer | George Shapovalov <george@gentoo.org> | 2002-12-07 03:03:35 +0000 |
commit | 55fd16ca4c6ddd7f2ce7c37b926e284325abd09d (patch) | |
tree | fb2c021431ce6323f019cfbf09320db326779df0 /licenses/SOPLA-2.4 | |
parent | Whoops. Almost forgot the patch. (diff) | |
download | historical-55fd16ca4c6ddd7f2ce7c37b926e284325abd09d.tar.gz historical-55fd16ca4c6ddd7f2ce7c37b926e284325abd09d.tar.bz2 historical-55fd16ca4c6ddd7f2ce7c37b926e284325abd09d.zip |
license for app-sci/systemc
Diffstat (limited to 'licenses/SOPLA-2.4')
-rw-r--r-- | licenses/SOPLA-2.4 | 397 |
1 files changed, 397 insertions, 0 deletions
diff --git a/licenses/SOPLA-2.4 b/licenses/SOPLA-2.4 new file mode 100644 index 000000000000..1aa4d3620285 --- /dev/null +++ b/licenses/SOPLA-2.4 @@ -0,0 +1,397 @@ +SYSTEMC OPEN SOURCE LICENSE AGREEMENT +(SOFTWARE DOWNLOAD AND USE LICENSE AGREEMENT VERSION 2.4) + +OPEN SYSTEMC INITIATIVE + +The purpose of the following license agreement (the "Agreement") is to encourage +interoperability and development of a C++ modeling language known as "SystemC" +for system simulation and design (the "Purpose"). The SystemC software licensed +hereunder is licensed, without fee of any kind, for use pursuant to the terms +and conditions set forth in this Agreement. + +LICENSE AGREEMENT + +THE CONTRIBUTORS ARE WILLING TO LICENSE THE PROGRAM AND RELATED DOCUMENTATION TO + + + + +YOU ONLY ON THE CONDITION THAT YOU ACCEPT ALL OF THE TERMS OF THIS LICENSE +AGREEMENT. IF YOU DO NOT AGREE TO ALL OF THE TERMS OF THIS LICENSE AGREEMENT, +NO RIGHTS ARE GRANTED TO YOU HEREUNDER TO USE THE PROGRAM OR THE DOCUMENTATION. + + + + +ANY USE, REPRODUCTION OR DISTRIBUTION OF THE PROGRAM OR THE DOCUMENTATION +CONSTITUTES YOUR ACCEPTANCE OF THIS AGREEMENT. +1. DEFINITIONS. +1.1 "Agreement" means this document. +1.2 "Contribution" means: (a) the Program; and (b) all +Modifications that Recipient deposits or contributes in accordance with Section +3 in furtherance of the Purpose of this Agreement but does not include any +software that has been previously so deposited or contributed. +1.3 ?Contribution Agreement? means any LRM and Copyright +Contribution Agreement between OSCI and the signatory thereto. +1.4 Contribution Questionnaire? means the questionnaire attached +hereto as Exhibit C. +1.5 "Contributor" means any Recipient that makes a Contribution +pursuant to Section 3. Any Recipient depositing, as part or all of a +Contribution, code which has previously been so deposited by another Recipient +is not the Contributor of such re-deposited code for the purposes of this +Agreement. A list of the Contributors is attached hereto as Exhibit A. +1.6 "Contributor's Necessary Patent Claim" means a claim in any +patent now or hereafter owned or licensable by Contributor that is directly +infringed solely by the portion of an executing computer program translated, +compiled or interpreted from and corresponding directly and solely to the +Contribution disclosed by Contributor hereunder and the SystemC Kernel Code, +except that Contributor's Necessary Patent Claim shall not include any claim +directed towards a data structure, method, algorithm, process, technique, +circuit representation, or circuit implementation that is not completely and +entirely described in the combination of such Contribution and the SystemC +Kernel Code. +1.7 "Copyright/Trade Secret Rights" means worldwide statutory and +common law rights associated solely with (i) works of authorship including +copyrights, copyright applications, copyright registrations and "moral rights", +and (ii) the protection of trade and industrial secrets and confidential +information. Patents are not included in Copyright/Trade Secret Rights. +1.8 "Distribute" means making a Distribution. +1.9 "Distribution" means any distribution, sublicensing or other +transfer of the Program (with or without Modifications) to any third party. +1.10 ?Documentation? means all user guides and user manuals for or +related to the Program. +1.11 "Executable" means Program (with or without Modifications) compiled +into object code form along with only those header files from such Program that +are strictly necessary to make use of the object code. +1.12 ?Marks? means, collectively, the registered and unregistered marks +and logos that OSCI has licensed or otherwise authorized Recipient to use. All +marks and logos are listed on Exhibit D, which list may be amended from time to +time by OSCI to add or delete any marks or logos. +1.13 "Modification" means: (a) any software code which comprises any +change(s) to the Program including additions and/or deletions; (b) any +specifications for the Program; and (c) any reference implementation of the +Program. +1.14 ?OSCI? means Open SystemC Initiative, a California nonprofit mutual +benefit corporation. +1.15 "Program" means any version of the SystemC modeling language +licensed by OSCI pursuant to this Agreement, all other Contributions, and any +combination thereof. +1.16 "Recipient" means anyone who receives the Program under this +Agreement, including all Contributors. +1.17 For legal entities, "Recipient" includes any entity that controls, +is controlled by, or is under common control with Recipient. For purposes of +this definition, "control" means (a) the power, direct or indirect, to cause the +direction or management of such entity, whether by contract or otherwise, or (b) +ownership of fifty percent (50%) or more of the outstanding shares or beneficial +ownership of such entity. +1.18 "Source Code" means human readable text in an electronic form +suitable for modification that describe the functions and data structures, +including C, C++, and other language modules, plus any associated interface +definition files, scripts used to control compilation and installation of an +Executable, or a list of source code differential comparisons against the +Program. +1.19 "SystemC Kernel Code" means the set of compilable source and header +files included in the Program that are necessary to build the target SystemC +library object module, but does not include operating system header files, +operating system library elements, documentation, example code, sample code +fragments, or other ancillary information. + +2. GRANT OF RIGHTS +2.1 Subject to the terms of this Agreement, each Contributor hereby +grants Recipient a non-exclusive, worldwide, royalty-free license under +Contributor's Copyright/Trade Secret Rights to do the following: +(a) use, reproduce, prepare derivative works of, publicly display, +publicly perform and Distribute in source code and object code form the +Contribution of such Contributor and any such derivative works, subject to the +terms and conditions of this Agreement including Section 4; and + +(b) use the know-how, information and knowledge embedded in the Contribution, +without any obligation to keep the foregoing confidential so long as Recipient +does not otherwise violate this Agreement. +2.2 Subject to the terms of this Agreement, OSCI hereby grants +Recipient a non-exclusive, worldwide, royalty-free license under OSCI's +Copyright/Trade Secret Rights to use, reproduce, prepare derivative works of, +publicly display, publicly perform and Distribute the Documentation and any such +derivative works, subject to the terms and conditions of this Agreement +including Section 4; and +2.3 Contributor grants to each Recipient, a world-wide, +royalty-free, non-exclusive license under Contributor's Necessary Patent Claims +to make, use, sell, offer for sale, or import the such Contributor's +Contribution and the Program only to the minimum extent necessary to exercise +the rights granted in Section 2.1(a). +2.4 Each Contributor represents that to its knowledge it has +sufficient rights in its Contribution, if any, to grant the licenses set forth +in Sections 2.1 and 2.2. OSCI represents that to its knowledge it has +sufficient rights in the Documentation to grant the licenses set forth in +Section 2.3. +2.5 Except as expressly stated in Sections 2.1, 2.2 and 2.3, +Recipient receives no rights or licenses to the intellectual property of any +Contributor or OSCI under this Agreement, whether expressly, by implication, +estoppel or otherwise. All rights in the Program and Documentation not +expressly granted under this Agreement are reserved. +2.6 Except as specifically set forth in any Contribution Agreement, +Recipient shall retain its entire right, title, and interest in and to +Contributions disclosed by Recipient hereunder, including all Copyrights/Trade +Secret Rights and patent rights embodied therein, subject to the underlying +rights embodied in the Program and further subject to those rights expressly +granted in this Agreement. Recipient shall not remove or alter any proprietary +notices contained in the Contributions licensed to Recipient hereunder and shall +reproduce and include such notices on any copies of the Contributions made by +Recipient in any media. +2.7 License to Marks. +(a) OSCI shall retain all right, title and interest in and to the +Marks worldwide, subject to the limited license granted to Recipient in this +Section 2.7. OSCI hereby grants Recipient a non-exclusive, royalty-free, +limited license to use the Marks solely in connection with its exercise of the +rights granted pursuant to this Agreement and to indicate that the products +being marketed by Recipient are compatible with, and meet the standards of, the +SystemC modeling language. All uses of the Marks shall be in accordance with +OSCI?s trademark usage policy set forth in Exhibit D. +(b) Recipient shall assist OSCI to the extent reasonably necessary +to protect and maintain the Marks worldwide, including, but not limited to, +giving prompt notice to OSCI of any known or potential infringement of the +Marks, and cooperating with OSCI in preparing and executing any documents +necessary to register the Marks, or as may be required by the laws or rules of +any country or jurisdiction. In its sole discretion, OSCI may commence, +prosecute or defend any action or claim concerning the Marks. OSCI shall have +the right to control any such litigation, and Recipient shall fully cooperate +with OSCI in any such litigation. OSCI shall reimburse Recipient for the +reasonable costs associated with providing such assistance, except to the extent +that such costs result from Recipient?s breach of this Section 2.7. Recipient +shall not commence any action regarding the Marks without OSCI?s prior written +consent. +(c) All goodwill with respect to the Marks shall accrue for the +sole benefit of OSCI. Recipient shall maintain the quality of any products, +associated packaging, collateral and marketing materials on which it uses any of +the Marks in a manner consistent with all terms, conditions and requirements set +forth in this Section 2.7 and at a level that meets or exceeds Recipient?s +overall reputation for quality and that is at least commensurate with industry +standards. +2.8 RECIPIENT UNDERSTANDS THAT ALTHOUGH EACH CONTRIBUTOR AND OSCI +GRANTS THE LICENSES SET FORTH HEREIN, NO ASSURANCES ARE PROVIDED BY ANY +CONTRIBUTOR OR OSCI THAT THE DOCUMENTATION OR CONTRIBUTION ALONE OR IN +COMBINATION WITH THE PROGRAM DOES NOT INFRINGE THE PATENT OR OTHER INTELLECTUAL +PROPERTY RIGHTS OF ANY OTHER ENTITY. EACH CONTRIBUTOR AND OSCI DISCLAIM ANY +LIABILITY TO RECIPIENT FOR CLAIMS BROUGHT BY ANY OTHER ENTITY BASED ON +INFRINGEMENT OF INTELLECTUAL PROPERTY RIGHTS OR OTHERWISE. In addition, as a +condition to exercising the rights and licenses granted hereunder, each +Recipient hereby assumes sole responsibility to secure any other intellectual +property rights needed, if any. For example, if a third party patent license is +required to allow Recipient to Distribute the Program, it is Recipient's +responsibility to acquire that license before Distributing the Program. +3. DESCRIPTION AND DEPOSIT OF CONTRIBUTIONS +3.1 To the extent Recipient wishes to become a Contributor by making +a Contribution, such Contributor shall: +(a) (i) deposit such Contribution in Source Code form at +http://www.systemc.org/ according to the Contribution instructions found at such +site, or (ii) disclose such Contribution at a meeting of any working group of +OSCI; +(b) (i) describe such Contribution in reasonable detail on Exhibit +B (including the additions or changes such Contributor made to create the +Contribution and the date of any such changes or additions), (ii) completing a +Contribution Questionnaire with respect to such Contribution, and (iii) +delivering both documents to OSCI. All Contributions made after the date hereof +shall be effectuated by Contributor (x) amending Exhibit B and delivering such +amended Exhibit B to OSCI, which amended exhibit shall automatically replace the +existing Exhibit B, (y) competing a Contribution Questionnaire with respect to +such Contribution, and (z) delivering both documents to OSCI; +(c) cause such Contribution to contain a file documenting such +Contributor's name and contact information, additions or changes such +Contributor made to create the Contribution, and the date of any such changes or +additions; +(d) cause such Contribution to include in each file a prominent +statement substantially similar to the following: "The following code or +documentation is derived, directly or indirectly, from the SystemC source code. +Copyright (c) 1996-{date here} by all Contributors. All Rights reserved. The +contents of this file are subject to the restrictions and limitations set forth +in the SystemC Open Source License Version 2.4 (the "License"). You may not use +this file except in compliance with such restrictions and limitations. You may +obtain instructions on how to receive a copy of the License at +http://www.systemc.org/. Software distributed by Contributors under the License +is distributed exclusively on an "AS IS" basis, WITHOUT WARRANTY OF ANY KIND, +either express or implied. See the License for the specific language governing +rights and limitations under the License."; and +(e) cause such Contribution to include a text file titled "LEGAL" +which describes any intellectual property rights of which Contributor is aware +that it or any third party may hold in the functionality or code of such +Contribution. +3.2 OSCI or the administrators of the http://www.systemc.org/ web +site shall have the right to authorize removal from such site any Contribution +at any time. +4. REQUIREMENTS OF DISTRIBUTION +4.1 A Recipient may choose to Distribute the Program in object code +form under its own license agreement, provided that: +(a) Recipient complies with the terms and conditions of this +Agreement; and +(b) the terms and conditions of Recipient's license agreement with +its licensees: +i. effectively disclaim on behalf of all Contributors all +warranties and conditions, express and implied, including warranties or +conditions of title and non-infringement, and implied warranties or conditions +of merchantability and fitness for a particular purpose; +ii. effectively exclude on behalf of all Contributors all +liability for damages, including, but not limited to, direct, indirect, special, +incidental and consequential damages, such as lost profits; +iii. state that any provisions which differ from this Agreement +are offered by that Recipient alone and not by any other party; and +iv. state that source code for the Program is available from +such Recipient, and inform licensees how to obtain it in a reasonable manner on +or through a medium customarily used for software exchange. +4.2 If a Recipient chooses to Distribute the Program in source code +form then: +(a) the Program must be Distributed under this Agreement; and +(b) a copy of this Agreement must be included with each copy of +the Program. +4.3 Each Recipient must include the following in a conspicuous +location in the Program so Distributed or transferred: + +Copyright (c) 1996-{date here}, by all Contributors. All rights reserved. +4.4 In addition, each Recipient that creates and Distributes or +otherwise transfers a Modification whether or not such Modification has been +deposited pursuant to Section 3 must identify the originator of such +Modification in a manner that reasonably allows third parties to identify the +originator of the Modification. +4.5 A Recipient may choose to Distribute the Documentation under its +own license agreement, provided that Recipient complies with the terms and +conditions of this Agreement. Each Recipient must include the following in a +conspicuous location in the Document so Distributed or transferred: + +Copyright (c) 1996-{date here}, by Open SystemC Initiative. All rights +reserved. + +In addition, each Recipient that creates and Distributes or otherwise transfers +a modification or derivative work of the Documentation, whether or not such +modification or derivative work has been deposited pursuant to a Contribution +Agreement must identify the originator of such modification or derivative work +in a manner that reasonably allows third parties to identify the originator of +the modification or derivative work. + +5. INDEMNIFICATION +A Recipient who Distributes the Program or Documentation (a "Distributor") may +accept certain responsibilities with respect to end users, business partners and +the like. While this license is intended to facilitate the commercial use of +the Program, a Distributor shall Distribute the Program or Documentation in a +manner which does not create potential liability for Contributors. Therefore +each Distributor hereby agrees to defend and indemnify every Contributor +("Indemnified Contributor") against any losses, damages and costs (collectively +"Losses") arising from claims, lawsuits and other legal actions brought by a +third party against the Indemnified Contributor to the extent caused by the acts +or omissions of such Distributor, including but not limited to the terms and +conditions under which Distributor offered the Program or Documentation, in +connection with its Distribution of the Program or Documentation. The +obligations in this Section 5 do not apply to any claims or Losses relating to +any actual or alleged intellectual property infringement of the Program or +Documentation. In order to qualify, an Indemnified Contributor must: (a) +promptly notify the Distributor in writing of such claim, and (b) allow the +Distributor to control, and cooperate with the Distributor in, the defense and +any related settlement negotiations. The Indemnified Contributor may +participate in the defense of any such claim at its own expense. + +For example, a Recipient might include the Program in a commercial product +offering, Product X. That Recipient is then a Distributor. If that Distributor +then makes performance claims, or offers warranties, support, or indemnity or +any other license terms related to Product X, those performance claims, offers +and other terms are such Distributor's responsibility alone. Under this Section +5, the Distributor would have to defend claims against the Contributors related +to those performance claims, offers, and other terms, and if a court requires +any Contributor to pay any damages as a result, the Distributor must pay those +damages. + +6. NO WARRANTY +EXCEPT AS EXPRESSLY SET FORTH IN THIS AGREEMENT, THE PROGRAM AND DOCUMENTATION +ARE PROVIDED EXCLUSIVELY ON AN "AS IS" BASIS, WITHOUT WARRANTIES OR CONDITIONS +OF ANY KIND, EITHER EXPRESS OR IMPLIED INCLUDING, WITHOUT LIMITATION, ANY +WARRANTIES OR CONDITIONS OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY OR FITNESS +FOR A PARTICULAR PURPOSE. EACH RECIPIENT IS SOLELY RESPONSIBLE FOR DETERMINING +THE APPROPRIATENESS OF ITS USE AND DISTRIBUTION OF THE PROGRAM AND DOCUMENTATION +AND ASSUMES ALL RISKS ASSOCIATED WITH ITS EXERCISE OF RIGHTS UNDER THIS +AGREEMENT, INCLUDING BUT NOT LIMITED TO THE RISKS AND COSTS OF PROGRAM ERRORS, +COMPLIANCE WITH APPLICABLE LAWS, DAMAGE TO OR LOSS OF DATA, PROGRAMS OR +EQUIPMENT, AND UNAVAILABILITY OR INTERRUPTION OF OPERATIONS. THIS DISCLAIMER OR +WARRANTY CONSTITUTES AN ESSENTIAL PART OF THIS AGREEMENT. NO USE OF THE +PROGRAM, DOCUMENTATION OR ANY MODIFICATIONS THERETO ARE AUTHORIZED HEREUNDER +EXCEPT UNDER THIS DISCLAIMER. + +7. DISCLAIMER OF LIABILITY +EXCEPT AS EXPRESSLY SET FORTH IN THIS AGREEMENT, NONE OF THE RECIPIENT, ANY +CONTRIBUTORS OR OSCI SHALL HAVE ANY LIABILITY FOR ANY DIRECT, INDIRECT, +INCIDENTAL, SPECIAL, EXEMPLARY, PUNITIVE, OR CONSEQUENTIAL DAMAGES (INCLUDING +WITHOUT LIMITATION LOST PROFITS), HOWEVER CAUSED AND ON ANY THEORY OF LIABILITY, +WHETHER IN CONTRACT, STRICT LIABILITY, OR TORT (INCLUDING NEGLIGENCE OR +OTHERWISE) ARISING IN ANY WAY OUT OF THE USE OR DISTRIBUTION OF THE PROGRAM, +DOCUMENTATION OR THE EXERCISE OF ANY RIGHTS GRANTED HEREUNDER, EVEN IF ADVISED +OF THE POSSIBILITY OF SUCH DAMAGES. + +8. U.S. GOVERNMENT USE +If Recipient is licensing the Program and Documentation on behalf of any unit or +agency of the United States Government, then the Program and the Documentation +is commercial computer software, and, pursuant to FAR 12.212 or DFARS 227.7202 +and their successors, as applicable, shall be licensed to the Government under +the terms and conditions of this Agreement. + +9. PATENT CLAIMS +If Recipient institutes patent litigation against any entity (including a +cross-claim, counterclaim or declaratory judgment claim in a lawsuit) alleging +that the Program itself (excluding combinations of the Program with other +software or hardware) infringes such Recipient's patent(s), then the rights +granted to Recipient by each Contributor under Section 2.2 shall terminate as of +the date such litigation is filed. + +10. TERMINATION +All Recipient's rights under this Agreement shall terminate if Recipient fails +to comply with any of the material terms or conditions of this Agreement and +does not cure such failure in a reasonable period of time after becoming aware +of such noncompliance. If such occurs, Recipient shall cease use and +Distribution of the Program and Documentation based upon the rights granted to +Recipient under this Agreement as soon as reasonably practicable. However, +Recipient's obligations under this Agreement and any licenses granted by +Recipient relating to the Program and Documentation shall survive such +termination. + +11. LICENSE VERSIONS +OSCI may publish new versions (including revisions) of this Agreement from time +to time. Each new version of the Agreement will be given a distinguishing +version number. The Program and Documentation may always be Distributed subject +to the version of the Agreement under which it was received. In addition, after +a new version of the Agreement is published, Contributor may elect to Distribute +the Program and Documentation under the new version. No one other than OSCI, +acting by a vote of at least 75% of the members of its Board of Directors, has +the right to modify this Agreement; provided that Exhibit B and Exhibit C may be +amended as specifically set forth in Section 3.1(b), and Exhibit D may be +amended as specifically set forth in Section 1.10. + +12. ELECTRONIC ACCEPTANCE +This Agreement may be executed either electronically or on paper. By clicking +on the ?Accept? button, Recipient warrants that it agrees to all of the terms of +this Agreement, that Recipient is authorized to enter into this Agreement, and +that this Agreement is legally binding upon Recipient. If Recipient does not +agree to be bound by this Agreement, then Recipient shall click the ?Decline? +button and Recipient shall not receive any rights from the Contributors nor +shall Recipient download any materials, including the Program and the +Documentation. + +13. GENERAL +This Agreement represents the complete agreement concerning the subject matter +hereof and supersedes all prior agreements or representations, oral or written, +regarding the subject matter hereof. If any provision of this Agreement is +invalid or unenforceable under applicable law, it shall not affect the validity +or enforceability of the remainder of the terms of this Agreement, and without +further action by the parties hereto, such provision shall be reformed to the +minimum extent necessary to make such provision valid and enforceable. This +Agreement shall be executed in multiple counterparts, each of which shall be +deemed to be an original, but all of which shall be one and the same Agreement. +A facsimile or other copy of the Agreement shall have the same force and effect +as an originally executed copy thereof. + +This Agreement is governed by the laws of California, without reference to +conflict of laws principles. Each party waives its rights to a jury trial in +any resulting litigation. Any litigation relating to this Agreement shall be +subject to the jurisdiction of the Federal Courts of the Northern District of +California, with venue lying in Santa Clara County, California, or the Santa +Clara County Superior Court. The application of the United Nations Convention +on Contracts for the International Sale of Goods is expressly excluded. The +provisions of this Agreement shall be construed fairly in accordance with its +terms and no rules of construction for or against either party shall be applied +in the interpreting this Agreement. Recipient shall not use the Program or +Documentation in violation of local and other applicable laws including, but not +limited to, the export control laws of the United States.
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