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authorAndrew Wilcox <AWilcox@Wilcox-Tech.com>2016-01-23 23:09:10 -0600
committerAndrew Wilcox <AWilcox@Wilcox-Tech.com>2016-01-23 23:09:10 -0600
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parent6a6063d47d5fec867e12c23aa636bbbab8e45865 (diff)
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+ SYSTEMC OPEN SOURCE LICENSE
+ (SOFTWARE DOWNLOAD AND USE LICENSE AGREEMENT VERSION 3.0)
+
+PLEASE READ THIS LICENSE AGREEMENT CAREFULLY BEFORE CLICKING ON
+THE "ACCEPT" BUTTON, AS BY CLICKING ON THE "ACCEPT" BUTTON YOU
+ACKNOWLEDGE THAT YOU HAVE READ, UNDERSTOOD AND AGREE TO BE
+BOUND BY THIS LICENSE AGREEMENT AND ALL OF ITS TERMS AND
+CONDITIONS.
+
+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 and other items
+licensed hereunder are 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 THEIR RESPECTIVE CONTRIBUTIONS
+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, THEN NO RIGHTS ARE GRANTED TO YOU HEREUNDER TO USE
+ANY CONTRIBUTIONS. NOTWITHSTANDING ANYTHING TO CONTRARY, ANY USE,
+REPRODUCTION OR DISTRIBUTION OF ANY CONTRIBUTION CONSTITUTES YOUR
+ACCEPTANCE OF THIS AGREEMENT.
+
+1. DEFINITIONS.
+
+ 1.1 "Agreement" means this contract.
+
+ 1.2 "Code Contribution" means any Contribution in the form of Source Code.
+
+ 1.3 "Contribution" means any work of authorship that is deposited or
+ contributed in accordance with Section 3 in furtherance of the Purpose including,
+ without limitation, libraries, programs, specifications and User Documentation
+ and Modifications. Without limiting the generality of the foregoing, a list of all
+ Contributions which were deposited or contributed on or before July 13, 2006 is
+ set forth on Exhibit A attached hereto and incorporated herein by reference, all of
+ which are considered Contributions pursuant to this Agreement. A list of all
+ Contributions is available upon written request to OSCI and can also be found on
+ the Website. For purposes of clarification, all contributions licensed pursuant to
+ that certain SystemC Open Source License Agreement (Software Download and
+ Use License Agreement Version 2.4) shall constitute, and be treated as,
+ Contributions pursuant to this Agreement.
+
+ 1.4 “Copyright Agreement” means any LRM and Copyright Contribution
+ Agreement entered into between OSCI and the signatory thereto at any time
+ prior to or after the date hereof.
+
+ 1.5 Contribution Questionnaire” means the questionnaire attached hereto as
+ Exhibit C.
+
+ 1.6 "Contributor" means any person or entity that makes a Contribution
+ pursuant to Section 3. For purposes of clarification, any person or entity
+ depositing or contributing, as part or all of a Contribution, a Contribution which
+ has previously been so deposited or contributed is not the Contributor of such re-
+ deposited Contribution for the purposes of this Agreement. A list of all
+ Contributors is available upon written request to OSCI and can also be found on
+ the Website.
+
+ 1.7 "Contributor's Necessary Patent Claims" means those claims of all patents
+ owned or licensable by Contributor throughout the world that: (1) Contributor has
+ the right to license (within the scope set forth herein) without the obligation to pay
+ royalties or other consideration to third parties; and (2) are necessarily and
+ directly infringed solely by the portion of a computer program that either
+ implements, or is compiled from, either an unmodified Contribution or an OSCI
+ Release. For clarity, Contributor’s Necessary Patent Claims 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 either in such Contributor's Contribution or in an OSCI Release.
+ Further, a Contributor’s Necessary Patent Claims shall not include any claim
+ based upon the combination of any Contribution or an OSCI Release with other
+ works of authorship, to the extent that the Contributor’s Necessary Patent Claims
+ are infringed as a result of such combination.
+
+ 1.8 "Copyright Rights" means worldwide statutory and common law rights
+ associated solely with works of authorship including copyrights, copyright
+ applications, copyright registrations and "moral rights." For purposes of
+ clarification, patents are not included in Copyright Rights.
+
+ 1.9 “Derivative” or “Derivative work” means a work based upon one or more
+ preexisting works, such as a translation, condensation, or any other form in
+ which a work may be recast, transformed, or adapted. A work consisting of
+ editorial revisions, annotations, elaborations, or other modifications, which, as a
+ whole, represent an original work of authorship, is a “derivative work”.
+
+ 1.10 "Distribute" means making a Distribution.
+
+ 1.11 "Distribution" means any distribution, sublicensing or other transfer of a
+ Contribution to any third party.
+
+ 1.12 “Documentation” means, collectively, all User Documentation and OSCI
+ Documentation.
+
+ 1.13 “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.
+
+ 1.14 "Modification" means any additions or deletions to any Contribution.
+
+ 1.15 “OSCI” means Open SystemC Initiative, a California nonprofit mutual
+ benefit corporation.
+
+ 1.16 "OSCI Documentation" means the SystemC language reference manual
+ and any other materials assigned to OSCI pursuant to the Copyright Agreement.
+
+ 1.17 “OSCI Release” means a Contribution or combination of Contributions
+ which is developed or created through the OSCI working group process, and the
+ final work approved for release by a OSCI working group, approved for release
+ by the OSCI steering group and approved for release by the board of directors of
+ OSCI. Examples of OSCI Releases include OSCI libraries and OSCI
+ specifications. OSCI Documentation shall be deemed to be included in the
+ definition of OSCI Release.
+
+ 1.18 "Recipient" means any person or entity which receives any Contribution
+ under this Agreement. For legal entities, "Recipient" includes any entity that
+ controls, is controlled by, or is under common control with Recipient. For
+ purposes of this Section 1.18, "control" means beneficial ownership of fifty
+ percent (50%) or more of the outstanding shares or similar interest of such entity
+ entitled to vote for election of the board of directors or similar managing authority.
+
+ 1.19 "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 a computer program, or a list of
+ source code differential comparisons.
+
+ 1.20 "User Documentation" means all user guides, user manuals and other
+ similar materials related to any Contribution or an OSCI Release.
+
+ 1.21 "Website” means OSCI’s Internet website located at
+ http://www.systemc.org.
+
+2. GRANT OF RIGHTS
+
+ 2.1 Subject to the terms of this Agreement, each Contributor hereby grants to
+ each Recipient a non-exclusive, worldwide, royalty-free license under such
+ Contributor's Copyright Rights to do the following:
+
+ (a) use, reproduce, prepare Derivative works of, publicly display,
+ publicly perform and Distribute any Contributions of such Contributor and
+ Derivative works thereof; and
+
+
+ (b) use the know-how, information and knowledge embedded in the
+ Contribution, without any obligation to keep the foregoing confidential so
+ long as the Recipient does not otherwise violate this Agreement.
+
+ 2.2 OSCI hereby grants to each Recipient a non-exclusive, worldwide, royalty-
+ free license under OSCI's Copyright Rights to use, reproduce, prepare Derivative
+ works of, publicly display, publicly perform and Distribute the OSCI
+ Documentation and any Derivative works thereof, subject to the terms and
+ conditions of this Agreement.
+
+ 2.3 Subject to the terms of this Agreement, each Contributor hereby grants to
+ each Recipient, a worldwide, royalty-free, non-exclusive license under such
+ Contributor's Necessary Patent Claims to make, have made, use, sell, offer for
+ sale, or import: (a) such Contributor's Contributions; (b) those portions of a
+ computer program that either implements, or is compiled from, the Contributor’s
+ unmodified Contribution; and (c) those portions of a computer program that
+ implement, or are compiled from, an OSCI Release.
+
+ 2.4 Each Contributor represents that, to its knowledge, it has sufficient rights
+ in and to each of its Contributions to grant the licenses set forth in Sections 2.1
+ and 2.3. OSCI represents that, to its knowledge, it has sufficient rights in the
+ OSCI Documentation to grant the license set forth in Section 2.2.
+
+ 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 and to any Contribution not expressly granted under this
+ Agreement are reserved.
+
+ 2.6 Except as specifically set forth in any Copyright Agreement, Contributor
+ shall ensure that transfers or assignments of all or any part of its right, title, and
+ interest in and to any Contributions contributed or deposited by Contributor
+ hereunder, including all Copyright Rights and patent rights embodied therein,
+ shall be subject to the rights expressly granted in this Agreement including,
+ without limitation, the licenses granted in Sections 2.1 and 2.3. 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, OSCI Releases. 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 ANY OSCI RELEASE OR ANY
+ CONTRIBUTION, EITHER ALONE OR IN COMBINATION WITH ANY OTHER
+ CONTRIBUTION, DOES NOT INFRINGE THE PATENT OR OTHER INTELLECTUAL
+ PROPERTY RIGHTS OF ANY OTHER ENTITY. MOREOVER, NO ASSURANCES
+ ARE MADE THAT ANY CONTRIBUTION OF ONE CONTRIBUTOR DOES NOT
+ INFRINGE THE INTELLECTUAL PROPERTY RIGHTS OF ANOTHER CONTRIBUTOR.
+ 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 a computer program, then it is Recipient's responsibility to
+ acquire that license before Distributing such computer 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 at the Website according to the
+ Contribution instructions found at such Website, 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 the Secretary of OSCI. All
+ Contributions made after the date hereof shall be effectuated by
+ Contributor (x) amending Exhibit B and delivering such amended Exhibit B
+ to the Secretary of OSCI, which amended exhibit shall automatically
+ replace the existing Exhibit B, (y) completing a Contribution Questionnaire
+ with respect to such Contribution, and (z) delivering both documents to the
+ Secretary of 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; and
+
+ (d) cause such Contribution to include in each file a prominent
+ statement substantially similar to the following: "Any code contained in this
+ Contribution is derived, directly or indirectly, from the SystemC source
+ code. Copyright (c) 1996-{current year 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 3.0
+ (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."
+
+
+ 3.2 OSCI may from time to time publish policies and procedures regarding the
+ contribution or depositing of Contributions as well as establish additional details
+ regarding the contribution process. Without limiting the foregoing, OSCI or the
+ administrators of the Website shall have the right to remove any Contribution
+ from the Website at any time.
+
+4. REQUIREMENTS OF DISTRIBUTION
+
+ 4.1 A Recipient may choose to Distribute any Contribution or any compilation
+ of multiple Contributions (except for any Code Contributions) under its own
+ license agreement, provided that:
+
+ (a) Recipient complies with the terms and conditions of this
+ Agreement;
+
+ (b) as between Recipient and any other Contributor, Recipient
+ assumes all warranties and conditions, express and implied, and all
+ liability for damages arising out of its Distribution; and
+
+ (c) Recipient makes available to recipients of such Distribution the
+ Source Code for such Distributions, and inform them on 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 any Code Contribution or compilations
+ of Code Contributions then:
+
+ (a) such Code Contribution must be Distributed under this Agreement;
+ and
+
+ (b) a copy of this Agreement must be included with each copy of such
+ Code Contribution.
+
+ 4.3 Each Recipient must include the following in a conspicuous location in the
+ Code Contribution so Distributed:
+
+ Copyright (c) 1996-{current year 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 OSCI 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 OSCI Documentation so Distributed or transferred:
+
+ Copyright (c) 1996-{current year here}, by Open SystemC
+ Initiative. All rights reserved.
+
+ In addition, each Recipient that creates and Distributes a modification or
+ Derivative work of the OSCI Documentation, whether or not such modification or
+ Derivative work has been contributed pursuant to a Copyright 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
+
+
+Any Recipient which Distributes any Contribution and/or OSCI Release (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 Contributions
+OSCI Documentation and OSCI Releases, a Distributor shall Distribute such
+Contributions, OSCI Documentation and OSCI Releases in a manner which does not
+create potential liability for the 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 such Contributions, OSCI
+Documentation and/or OSCI Releases in connection with its Distribution thereof. The
+obligations in this Section 5 do not apply to any claims or Losses relating to any actual
+or alleged intellectual property infringement of any Contribution, OSCI Documentation or
+OSCI Release. 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 a Contribution 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, ALL CONTRIBUTIONS, OSCI
+DOCUMENTATION AND OSCI RELEASES 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 ANY CONTRIBUTION, OSCI
+DOCUMENTATION AND OSCI RELEASE 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
+ANY CONTRIBUTION, OSCI DOCUMENTATION OR OSCI RELEASE ARE AUTHORIZED
+HEREUNDER EXCEPT UNDER THIS DISCLAIMER.
+
+7. DISCLAIMER OF LIABILITY
+
+EXCEPT AS EXPRESSLY SET FORTH IN THIS AGREEMENT, NONE OF THE RECIPIENTS,
+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 ANY CONTRIBUTION, OSCI DOCUMENTATION OR OSCI RELEASE 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 any computer program on behalf of any unit or agency of the
+United States Government, then such computer program 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 any Contribution,
+OSCI Release or combination of Contributions (excluding combinations of any
+Contribution with other software or hardware) infringes such Recipient's patent(s), then
+the rights granted to Recipient by each Contributor under Section 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 all use and Distribution of any Contributions of any
+other Contributor, OSCI Documentation and OSCI Releases 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 any Contributions 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.
+Any Contribution, OSCI Documentation or OSCI Release 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 any
+Contribution, OSCI Documentation or OSCI Release under the new version. No one
+other than OSCI, acting by a vote of at least seventy five percent (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 1.13.
+
+12. ELECTRONIC ACCEPTANCE
+
+This Agreement may be executed either electronically or on paper. If this Agreement is
+executed electronically, 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 Contributions, OSCI Documentation or OSCI Releases.
+
+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 (either
+electronically and/or on paper), 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 any Contribution, OSCI
+Documentation or OSCI Release in violation of local and other applicable laws
+including, but not limited to, the export control laws of the United States.
+
+
+ EXHIBIT A
+
+ List of Contributions as of July 13, 2006
+
+
+Number Contribution
+
+1. Updated TLM Proposal
+
+2. TLM Extensions
+
+3. Abstract titled "Transaction Level Modeling in SystemC"
+
+4. Code and related material entitled "SCE-API Example - Standard Co-emulation APO v1.8
+Spec and Routed Example"
+
+5. Code and related material entitled "Simplebus v2.2 Example for SystemC v2.0.
+
+6. Code and related material entitled "SystemC Generic Transaction Level Communication
+Channel."
+
+7. Review of TLM API code and related documents.
+
+8. SystemC Verification Library version 1.0; versions 1.1, 1.2, 2.0, 2.0.1 of the SystemC modeling
+language as released by OSCI and which are, or were, available for download on the website
+prior to the agreement; version 2.1 (beta 11) of the SystemC modeling language to be
+released and made available by OSCI for download on the website.
+
+9. Code and related material entitled "System Design with SystemC Examples."
+
+10. Presentation document titled "Towards a SystemC Transaction Level Modeling Standard,"
+dated June 2004; presentation document titled "TLM Extensions," dated April 2004;
+presentation document titled "Updated TLM Proposal," dated March 29, 2004; abstract titled
+"Transaction Level Modeling in System C."
+
+11. Code and related material entitled "MP3 Decoder Example plus Performance Benchmark."
+
+12. SystemC October 12 Library.
+
+13. Source code modifications to the SystemC Library embodied in the October 12, 2004 kit
+(system_2_z_lib.oct_12_2004.tgz).
+
+Source code modifications to the SystemC Regression Test Suite embodied in the October 12,
+2004 kit (systemc_2_1_tests.oct_12_2004.tgz).
+
+14. Synthesizable Subset 1.0.
+
+15. TLM Contribution (Presentation documents; abstract; code; proposal dated 3/24/04).
+
+16. Updated version of TLM kit
+
+17. Code and related material “2.1 Beta Regression Tests”
+
+18. Code and related material “OSCI SystemC 2.1 Beta”
+
+19. SystemC 2.1
+
+20. Assorted recommendations for enhancements, bug fixes and improved cross-platform support,
+including project files for Microsoft Visual C++ versions 6.0 and 7.1 that are contained within
+the files systemc-2.1.05may05.tgz and systemc_tests-2.105may05.tgz.
+
+21. Minor modifications incorporated in SystemC 2.1 open source implementation dated July 14,
+2005 to permit port to Microsoft VC++ Version 7.
+
+22. Numerous modifications incorporated in SystemC 2.1 open source implementation dated July
+14, 2005.
+
+23. A collection of interfaces and implementations in SystemC for analysis objects.
+
+A collection of interfaces and implementations in SystemC for configuring components in a
+design.
+
+24. Modifications to the most recent version of SCV which allow it to run under the SystemC-2.1v1
+kit.
+
+25. Set of header files intended to be included in the SystemC TLM Modelling library code. The
+API provides for 1 interfaces: (a) “Atom at once (Variously called BA, PVT, CC) in which a
+single atom is transported at once.
+
+26. Modifications included in SystemC 2.2 library labeled “systemc-2.2.04feb06.tgz;”
+
+Modifications included in SystemC 2.2 test suite labeled “systemc_tests-2.2.04feb06.tgz.”
+
+27. Modifications to the SystemC 2.2 library to enable the port to gcc version 4;
+
+Addition of compliance_1666 tests to the SystemC 2.2 regression test suite.
+
+28. OSCI_TL3_2006_03_01.zip, including any updates of any of the foregoing, and
+OSCI_SCML_Memory_and_Bitfield_2006_03_01.zip, including any updates of any of the
+foregoing.
+
+29. C++/SystemC Code for Mentor’s SMI System PVT channel implementation; An example of a
+protocol specific SystemC PVT channel implementation; Design examples using the above
+channel models; A white-paper describing the channel implementations.
+
+
+
+ EXHIBIT D
+
+ Trademark Usage Policy
+
+I. LIST OF MARKS
+
+ 1. Open SystemC
+
+ 2. Open SystemC Initiative
+
+ 3. OSCI
+
+ 4. SystemC
+
+ 5. SystemC Initiative
+
+ 6. All logos that incorporate the foregoing word marks
+
+
+II. PROPER USE OF MARKS
+
+Trademarks and service marks function as adjectives and generally should not be used as
+nouns or verbs. Accordingly, as often as possible, the Marks should be used as adjectives
+immediately preceding the generic noun that refers to the service in question. For example:
+
+ The SystemC® software
+ The OSCI® LRM
+
+No Possessives or Plurals. Since they are not nouns, the Marks should never be used in the
+possessive or plural forms. For example, it is not appropriate to write “SystemC’s software.”
+
+No Use as Verbs or as Puns. The Marks should never be used as verbs or as puns.
+
+
+III. PROPER ATTRIBUTION
+
+Trademark ownership is attributed in two ways, with the use of a symbol (TM, SM, ®) after the mark
+and with a legal legend, usually found at the end of a document following the copyright notice.
+Following are OSCI’s rules for symbols and legends to attribute the Marks:
+
+Symbols:
+
+Which Symbol Do I Use?
+The Marks generally function as trademarks rather than servicemarks. Unless you are
+specifically directed otherwise, please use the ® symbol after the Marks.
+
+Where Do I Place the ® Symbol?
+The ® symbol is placed immediately after the mark, either in superscript or subscript.
+
+When Do I Use the Symbol?
+The ® symbol is to be used after the Marks in the following instances:
+
+Most Prominent Uses: A ® symbol is required after prominent uses of the Marks, e.g., in the
+headlines and large print text of web pages, advertisements, other promotional materials and
+press releases, except where space limitations or specific style considerations prevent
+compliance with this requirement.
+
+First Use in Text: A ® symbol is required after the first use of each Mark in text, e.g. advertising
+copy or the body of press releases, even though the symbol may have already appeared in the
+headline or after another prominent use of the mark in the same document.
+
+All Logos: The ® symbol must appear after all logos incorporating the Marks.
+
+
+IV. Legends
+
+All Marks that appear on a web page or in a press release, advertisement or other written
+material (whether in print or electronic form) must be attributed in an appropriate legend. The
+legend may be presented in “mouseprint” but must be large enough to be read easily. Legends
+generally appear at the end of a document or the bottom of a web page but may be placed
+elsewhere, e.g. the inside cover of documentation.
+
+The OSCI Legend: The following legend should be used in all materials in which any of the
+Marks appear:
+
+[Insert the Marks] are trademarks or registered trademarks of Open SystemC Initiative, Inc. in
+the United States and other countries and are used with permission.
+
+
+V. MARKS NEVER COMBINED
+
+The Marks should never be combined with the marks of any business other than OSCI. The
+Marks should always appear visually separate from any other marks appearing in the same
+materials such that each mark creates a distinct commercial impression. It would, for instance,
+not be appropriate to superimpose the logo of another business over any OSCI logo.
+
+
+VI. LOGOS
+
+Logos incorporating the Marks can only be used in the format provided to you by OSCI for
+incorporation into your materials or web pages. The logos provided to you by OSCI cannot be
+modified in any way without OSCI’s prior written approval. Logos copied from OSCI web pages
+or other materials may not to be used. Please contact support@opensystemc.org to obtain
+electronic files containing the OSCI logos and to ask any questions regarding the logos.