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authorGeorge Shapovalov <george@gentoo.org>2002-12-07 03:03:35 +0000
committerGeorge Shapovalov <george@gentoo.org>2002-12-07 03:03:35 +0000
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license for app-sci/systemc
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+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. \ No newline at end of file