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-QUARTUS(R) PRIME LICENSE AGREEMENT VERSION 15.1, ALL
-DISTRIBUTIONS (WEB DOWNLOAD, DVDS)
-
-
-Copyright (C) 1991-2015 Altera(R) Corporation. All rights
-reserved. "Quartus" is a registered trademark of Altera Corporation
-in the U.S. and other countries. Any other trademarks and trade names
-referenced here are the property of their respective owners. Certain
-files, programs, or other materials provided in connection with the
-Licensed Software may originate or contain components from Third Party
-Licensors and are licensed to You pursuant to the terms of the
-applicable Third Party License appearing upon activation or
-installation of the Licensed Software, and/or are contained or
-described in associated release notes, header source files, or other
-documentation. Any such additional terms, and conditions or
-restrictions will also be listed in a separate file called "Third
-Party Licenses document". You agree to carefully review and comply
-with the terms of such Third Party Licenses. NOTWITHSTANDING ANYTHING
-TO THE CONTRARY IN THE AGREEMENT, AS BETWEEN LICENSEE AND ALTERA, AND
-TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, ALL SUCH THIRD
-PARTY LICENSES SHALL BE SUBJECT TO PARAGRAPH 11 (DISCLAIMER OF
-WARRANTIES), PARAGRAPH 13 (LIMITATION OF LIABILITY) AND PARAGRAPH 14
-(GOVERNING LAW). ALTERA OFFERS NO WARRANTIES (WHETHER EXPRESS OR
-IMPLIED); INDEMNIFICATION; AND/OR SUPPORT OF ANY KIND WITH RESPECT TO
-THIRD PARTY MATERIALS, EXCEPT THAT WE WILL PASS THROUGH TO YOU, IF AND
-TO THE EXTENT AVAILABLE, ANY WARRANTIES EXPRESSLY PROVIDED TO US BY
-THIRD PARTY LICENSORS RELATING TO SUCH THIRD PARTY MATERIALS.
-
-PLEASE REVIEW THE FOLLOWING TERMS AND CONDITIONS IN THIS QUARTUS PRIME
-VERSION 15.1 STANDARD LICENSE AGREEMENT (THE "QUARTUS
-AGREEMENT" OR "AGREEMENT") CAREFULLY BEFORE DOWNLOADING, INSTALLING OR
-USING THE LICENSED SOFTWARE. BY (A) DOWNLOADING, INSTALLING OR USING
-THE LICENSED SOFTWARE; OR (B) PAYING A LICENSE FEE OR OTHER FEE TO
-ALTERA; OR (C) PAYING A FEE TO AN AUTHORIZED DISTRIBUTOR, YOU INDICATE
-YOUR ACCEPTANCE OF THIS QUARTUS AGREEMENT OR THE AGREEMENT BETWEEN YOU
-AND THE AUTHORIZED DISTRIBUTOR FROM WHICH YOU HAVE ACQUIRED THE
-LICENSE. IN THE EVENT OF ANY INCONSISTENCY BETWEEN THE TERMS OF THIS
-QUARTUS AGREEMENT AND YOUR AGREEMENT WITH AN AUTHORIZED DISTRIBUTOR,
-THIS QUARTUS AGREEMENT WILL GOVERN AND CONTROL, EXCEPT WITH REGARDS TO
-PAYMENT TERMS.
-
-IF YOU DO NOT AGREE WITH THE TERMS AND CONDITIONS OF THIS QUARTUS
-AGREEMENT OR THE TERMS OF ANY THIRD PARTY LICENSES, DO NOT DOWNLOAD,
-INSTALL, OR USE THE LICENSED SOFTWARE. IF YOU HAVE ALREADY
-DOWNLOADED THE LICENSED SOFTWARE, PLEASE UNINSTALL IT AND IRREVOCABLY
-DESTROY IT AND ANY COPIES YOU HAVE MADE AS SOON AS POSSIBLE. IF YOU
-HAVE RECEIVED A COPY OF THE LICENSED SOFTWARE ON A DVD OR OTHER MANNER
-THAN ELECTRONIC DOWNLOAD, PLEASE RETURN THE LICENSED SOFTWARE UNUSED
-TO ALTERA OR THE AUTHORIZED DISTRIBUTOR FROM WHICH YOU OBTAINED THE
-LICENSE PROMPTLY.
-
-1. Definitions.
-
-"Altera" means Altera Corporation, a Delaware corporation with a place
-of business at 101 Innovation Drive, San Jose, California 95134 U.S.A.
-including its affiliates and subsidiaries worldwide.
-
-"Altera Devices" means programmable logic devices, including field
-programmable gate arrays ("FPGAs") devices, complex programmable logic
-devices ("CPLDs"), SoC devices, and/or any other semiconductor
-devices designed, developed or manufactured by or on behalf of Altera.
-
-"Authorized Distributor" means a reseller, OEM, ODM, or any
-distributor that is authorized by Altera to license the Licensed
-Software to end users in a valid agreement entered into between Altera
-and such reseller or distributor.
-
-"Checkout License" means a time-limited license granted by Altera
-associated with an existing Floating License to install and Use the
-Licensed Software on a single fixed standalone computer for use by a
-single user. This license shall expire after a specified time as
-designated by Altera. The total number of Checkout Licenses that may
-be granted in relation to a single Floating License may not exceed the
-total number of individual Seats associated with such Floating
-License.
-
-"Concurrent Users" means the number of simultaneous Users accessing
-the Licensed Software. For example, a 20-use concurrent use license
-would allow 20 Users to log in and use the Licensed Software at one
-time, but the 21st User attempting to log in would be blocked and
-unable to do so until one other User logs out.
-
-"Confidential Information" means and includes, but is not limited to:
-(i) the Licensed Software (whether provided in source code or binary
-form, including any modifications, derivatives, updates and upgrades
-thereto) and the algorithms, concepts, techniques, methods, and
-processes embodied therein; (ii) the Licensed Products and all
-information and specifications associated therewith; (iii) any
-business, marketing, technical, scientific or financial information
-disclosed to Licensee or You by Altera or an Authorized Distributor;
-or (iv) any information which, at the time of disclosure, is
-designated in writing as confidential or proprietary, or similar
-designation, is disclosed in circumstances of confidence, or would be
-reasonably understood by a person, exercising business judgment, to be
-confidential.
-
-"Designated Equipment" means the computer system that is owned or
-leased by You and operated on Your premises, and identified by a
-network interface card ("NIC") or host ID number on which the Licensed
-Software is installed and Used, and which has the configuration,
-capacity, operating system version level, and pre-requisite
-applications described in the Documentation as necessary for the
-operation of the Licensed Software, and is designated by the NIC/host
-ID in the License Key as the computer system on which the License Key
-management software will be installed.
-
-"Documentation" means technical data in human or machine readable form
-furnished by Altera which: (i) provides operating instructions for
-using the Licensed Software, or (ii) explains the capabilities and
-functions of the Licensed Software, and any full or partial copies of
-any such technical data.
-
-"Fixed with Companion License" means a license to install: the
-Licensed Software on a fixed standalone computer for Use by a single
-User, and (ii) the Licensed Software on up to two companion fixed
-standalone computers. Under this license, only one Seat may be used
-by a single User at any given time.
-
-"Floating Node Seat" is a license that allows the Licensed Software to
-be: (i) installed on and accessed from any number of computers on a
-network environment; (ii) Used by the permitted number of Concurrent
-Users that is equal to the number of Seats licensed as determined by
-the License Key; and (iii) Used for the sole purposes of developing,
-programming, synthesizing, testing and verifying designs for Altera
-Devices.
-
-"Intellectual Property Rights" means all (i) patents, patent
-applications, patent disclosures and inventions (whether patentable or
-not); (ii) trademarks, service marks, trade dress, trade names, logos,
-corporate names, Internet domain names, and registrations and
-applications for the registration for any of them, together with all
-goodwill associated with any of them; (iii) copyrights and
-copyrightable works (including computer programs and mask works) and
-registrations and applications for registration; (iv) trade secrets,
-know-how and other Confidential Information; (v) waivable or
-assignable rights of publicity, waivable or assignable moral rights;
-(vi) unregistered and registered design rights and any applications
-for registration; (vii) database rights and all other forms of
-intellectual property, such as data; and (viii) any and all similar or
-equivalent rights throughout the world.
-
-"IP Megafunctions or Components" means one or more design files,
-including encrypted net lists, RTL, test vectors, simulation models
-(such as VHDL, Verilog HDL, Quartus simulation, Matlab, Simulink,
-Verisity Specman, Synopsys Vera, etc.), and other models, which may be
-provided either as unencrypted source code, or in encrypted netlist or
-encrypted source code format, that are designed to implement or
-support the design of at least one logic function into an Altera logic
-device. "IP Megafunctions or Components" includes any modified
-versions, or updates thereto as may be provided by Altera, in its sole
-and absolute discretion, to You under this Agreement. However, for
-purposes of this Agreement, the term "IP Megafunctions or Components"
-does not include any software or design files for any MegaCore(R)
-functions (including the Nios(R) II embedded processor) which are
-covered by and licensed under a separate MegaCore(R) Agreement.
-
-"License Key" means a FlexNet license key, license file, license
-manager, dongle or other key, code or information provided by Altera
-that: (i) enables a User to download, install, operate and/or regulate
-User access to the Licensed Software; and (ii) describes the version
-number of the Licensed Software and lists the number of Concurrent
-Users authorized to Use the Licensed Software.
-
-"License Period" means the period of time Licensee has Use of the
-Licensed Software as governed by the License Key.
-
-"Licensee" means an individual, corporation or other legal entity to
-which Altera has issued a Seat.
-
-"Licensed Software" means the specific software enabled via the
-License Key, but does not include Unlicensed Software components,
-files, or portions specifically identified as not being included,
-licensed or enabled via the License Key.
-
-"Maintenance Expiration Date" is set as twelve (12) months from the
-latter of date of license/ license renewal and license activation.
-The Maintenance Expiration date for each seat license is noted in the
-license key. Further description is provided in Paragraph 12 below.
-
-"Seat" means the right granted under this Agreement by Altera or under
-a license agreement by an Authorized Distributor, to Use the Licensed
-Software by a single User in accordance with the terms and conditions
-of this Agreement or an Authorized Distributor's license agreement. A
-Seat is either a Floating Node Seat or a Fixed with Companion License,
-which is enabled via a License Key.
-
-"Support" means any support or maintenance services provided to
-Licensee by Altera, an Authorized Distributor, and/or authorized
-Altera representatives in responding to email, telephone, or other
-inquiries from You for maintenance, technical, or other support
-requests in connection with the Licensed Software.
-
-"Third Party Licenses" is a separate file, header, or release notes
-that contains additional terms, conditions or restrictions imposed by
-Third Party Licensors. Such Third Party Licenses will be identified
-in a Third Party Licenses Document describing each Third Party License
-associated with every Altera product. A hyperlink to an Altera
-database containing the text of all Third Party Licenses may be
-accessed by clicking on the applicable line in the Third Party
-Licenses Document.
-
-"Third Party Licensors" means and includes any third party that
-licenses or provides Third Party Materials to Altera.
-
-"Third Party Materials" are materials or components included in the
-download or the DVD, as applicable, that include but are not limited
-to software, code portions or files owned by Third Party Licensors,
-and are provided subject to Third Party Licenses.
-
-"Unlicensed Software" means any Altera computer programs or code in
-any format for which Licensee does not hold an active License Key
-issued by Altera, including but not limited to any non-subscribed or
-disabled features.
-
-"Use" means downloading, installing and copying all or any portion of
-the Licensed Software into the Designated Equipment for processing the
-instructions contained in the Licensed Software, and/or loading data
-into or displaying, viewing or extracting output results from, or
-otherwise operating, any portion of the Licensed Software.
-
-"User" or "You" means each individual identified by Licensee as a
-person authorized to Use the Licensed Software on behalf of and for
-the benefit of Licensee. If Licensee is an individual who obtained a
-Seat for his/her individual use, Licensee and User are and will be one
-and the same.
-
-2. Grant of License and License Key.
-
- 2.1 Grant of License. Subject to and conditioned upon
-Licensee's compliance with the terms and conditions of this Agreement,
-Altera hereby grants to Licensee, a personal, perpetual (but subject
-to termination as otherwise described in this Agreement), worldwide,
-non-exclusive, non-transferable license with no right to sublicense,
-to Use under Altera's copyrights and trade secret rights in and to the
-Licensed Software (and any updates or upgrades thereof for which
-Licensee has paid a license fee or other applicable fee to Altera or
-an Authorized Distributor) on the terms and conditions set forth in
-this Agreement. Licensee may: (i) use the Licensed Software on a
-single computer (or, if Licensee has purchased a Floating Node Seat,
-the number of Concurrent Users for which Licensee has obtained
-licenses from Altera may use the Licensed Software on networked
-workstations); (ii) use the Licensed Software for the sole purpose of
-creating, simulating, verifying, placing and routing, and programming
-designs on logic devices manufactured by Altera and sold by Altera or
-its Authorized Distributors (although if You have obtained the
-Licensed Software through Altera's University Program , You are only
-permitted to use the Licensed Software for educational and academic
-purposes, and cannot use the Licensed Software for any commercial
-purposes); (iii) make one copy of the Licensed Software in any
-computer-readable or printed form for back-up or archival purposes, or
-as otherwise permitted under this Agreement; and (iv) modify the
-Licensed Software, provided all Intellectual Property Rights notices
-(including all copyright and restricted rights notices on the
-Licensed Software) are included on any modified, merged, or combined
-portion of the Licensed Software. Any copy of the Licensed Software
-or portions thereof merged or combined into another program will
-continue to be subject to the terms and conditions of this Agreement.
-Licensee's end customers may use Altera's logic devices that have been
-programmed with the Licensed Software.
-
- 2.2 License Key. Altera will deliver the License Key to
-Licensee after Altera's receipt of all information required to
-generate the License Key, including the host identification number for
-the designated equipment onto which You will install the License Key
-management software. In accordance with its distribution method,
-Altera may include with the Licensed Software additional Unlicensed
-Software to which the License Key will not permit access. Inclusion
-of such Unlicensed Software in no way implies a license from Altera to
-access or use such Unlicensed Software, and You agree not to access or
-Use such Unlicensed Software, unless the License Key specifically
-authorizes such access and Use.
-
- 2.3 Transfer of Licensed Software. The Licensed Software may
-be transferred to a third party, provided such third party agrees in
-writing to accept the terms and conditions of this Agreement and You
-notify Altera in writing of the identity of such third party. If You
-transfer the Licensed Software in accordance with the foregoing, You
-must: (i) at the same time either transfer all copies or portions
-thereof, whether in printed or in computer-readable form, to such
-third party, or (ii) destroy any copies not transferred, including all
-portions of the Licensed Software contained or merged into another
-program, and certify the same in writing to Altera.
-
- 2.4 Floating Node Seat. If Licensee has purchased a Floating
-Node Seat, You may also copy the Licensed Software onto another
-computer (or access it through networked workstations) for use by
-another User or contractor, but only internally, with any remote
-access limited solely to such Users or contractors; provided that all
-Users agree to accept the terms and conditions of this Agreement in
-writing.
-
- 2.5 IP Megafunctions or Components License. IP
-Megafunctions or Components are provided to You free of charge, in
-source code form, and You may modify, create derivative works of, and
-freely distribute any such IP Megafunctions or Components, and any
-modifications or derivative works thereof, provided that the IP
-Megafunctions or Components may not be used to program any non-Altera
-Devices.
-
-3. Delivery of Licensed Software. The Licensed Software will be
-delivered electronically, and will be accepted upon delivery.
-
-4. Designated Equipment. For all accepted orders, You will provide
-Altera with the Designated Equipment's host identification number,
-which Altera will include in the applicable License Key. Any time
-that the Designated Equipment is inoperative due to malfunction,
-repair, or maintenance, You may submit a request to change the
-Designated Equipment and receive a new License Key from Altera at no
-additional charge. Except for such temporary transfer, You and/or
-Licensee may not transfer or install the License Key on any other
-server or relocate the Designated Equipment without prior written
-consent of Altera. Whenever You receive a new License Key in order
-to effect a transfer to new Designated Equipment, You will immediately
-cease to use the Licensed Software under the previously issued License
-Key. You acknowledge and agree that You will not operate more than
-the number of seats of the Licensed Software associated with your
-License Key.
-
-5. Confidential Information. The Confidential Information
-constitutes trade secrets and confidential and proprietary information
-of Altera and its licensors, and You and Licensee agree not to access
-or Use the Licensed Software, directly or indirectly, except and to
-the extent expressly permitted under this Agreement or by applicable
-law. Altera and its licensors retain all rights in and to the
-Licensed Software and Documentation, modifications, derivatives,
-updates, and upgrades, and all Intellectual Property Rights associated
-with any of the foregoing. You and Licensee agree not to remove,
-alter or obscure any copyright, - patent, or other proprietary notices
-in the Licensed Software or Documentation. No other rights or
-licenses are granted by implication, estoppel or otherwise, to
-Licensee, You or any third party.
-
- 5.1 With respect to Confidential Information, You and
-Licensee agree: (a) to use at least the same degree of care as You use
-with respect to Your own Confidential Information of similar
-importance, but in no event less than reasonable care, to prevent any
-Confidential Information from being disclosed to any third party,
-except as otherwise permitted by this Agreement; (b) not to use or
-disclose Confidential Information for any purpose except to the extent
-necessary and for the purpose of programming Altera Devices with the
-Licensed Software (the "Intended Purpose"); and (c) to restrict the
-disclosure and possession of Confidential Information solely to those
-of Licensee's Users, employees and Authorized Contractors with a need
-to know/need to access for the Intended Purpose, who agree to be bound
-by written confidentiality agreements no less strict than those this
-Agreement. Licensee agrees to be liable to Altera for any breaches by
-Licensee, its Users, employees and Authorized Contractors of the
-confidentiality obligations in this Section.
-
- 5.2 You and Licensee will have no obligations of
-confidentiality with respect to any Confidential Information to the
-extent that it is: (a) already in the public domain or falls into the
-public domain through no breach of this Agreement (or any other
-obligation to Altera) by Licensee and Authorized Contractors; (b)
-already rightfully known to Licensee without any obligation of
-confidentiality; (c) is rightfully obtained by Licensee from a third
-party; or (d) developed independently by Licensee, its employees or
-Authorized Contractors without breach of Licensee's obligation of
-confidentiality under this Agreement. With respect to a disclosure
-required by order of a court or an authorized government agency, You
-may disclose Confidential Information, provided: (i) that You give
-prompt written notice of any such required disclosure to Altera; (ii)
-You disclose the Confidential Information only to the extent required
-by such court or governmental agency; and (iii) You provide reasonable
-assistance to Altera in its efforts to protect the confidentiality of
-the Confidential Information required to be disclosed.
-
- 5.3 Notwithstanding anything in this Agreement to the
-contrary, You and Licensee agree that Altera may disclose Licensee's
-identity by name and address, and identify the Licensed Software
-licensed to Licensee, to the extent required by its agreement with its
-licensors and Authorized Distributors.
-
-6. Restrictions on Use. You and Licensee may not use, copy,
-modify, distribute, or otherwise transfer the Licensed Software or any
-portions thereof, or permit any remote access thereof by any person or
-entity, except as expressly provided for in this Agreement. You shall
-not use the Licensed Software to program any device other than Altera
-Devices. If You or Licensee transfer possession the Licensed
-Software, or any modifications or portions thereof to another party
-except as expressly provided herein, this license shall automatically
-terminate. You and Licensee may not decompile, disassemble, reverse
-engineer, or otherwise attempt to access the source code of the
-Licensed Software or reduce it to a human readable form ("Reverse
-Engineer") except as otherwise permitted by applicable law. In such
-case, You or Licensee may Reverse Engineer, but only after giving
-written notice to Altera, and only to the extent permitted by
-applicable law. You or Licensee may not publish or disclose the
-results of any benchmarking or testing of the Licensed Software, or
-use such results for Licensee's own software development activities,
-without the prior written permission of Altera.
-
-7. No Other Licenses or Intellectual Property Rights. The software
-code licensed under the Agreement (the "Licensed Software") is
-protected by copyright law and international treaties. Other than
-the rights expressly granted to Licensee in the Agreement, Altera
-and its licensors retain and own all right, title and interest in and
-to the Licensed Software, including any modifications, derivatives
-and updates thereof, and all Intellectual Property Rights in all of
-the foregoing. Nothing in this Agreement shall be construed to: (i)
-transfer any rights of ownership and/or interest in and to the
-Documentation and Licensed Software or portions thereof, or any
-derivative works of the foregoing to You, except as specifically
-provided in the Agreement; or (ii) enable You to exercise the rights
-granted herein with respect to the Licensed Software with: (A)
-products other than Your products; or (B) using the Licensed Software
-to program any non-Altera Devices. We expressly reserve all other
-rights in and to the Licensed Software, Documentation, and
-Intellectual Property Rights not granted to You under this Agreement.
-
- You acknowledge and agree that: (i) this Agreement does not grant You
-or Licensee any right to practice, or any other right at all with
-respect to any patent of Altera or its licensors, and a separate
-license agreement from Altera or its licensors is needed to use or
-practice any patent of Altera or its licensors. You, on behalf of
-Licensee and its affiliates and subsidiaries, agree not to contend in
-any context that, as a result of this Quartus Agreement, either Altera
-or its licensors have any obligation to extend, or You, Licensee, or
-any other party has obtained any right to, any license, whether
-express or implied, with respect to any patent of Altera or its
-licensors, for any purpose whatsoever.
-
-8. Third Party Licensors. The Licensed Software may contain or
-include Third Party Materials licensed or provided to Altera by third
-parties (the "Third Party Licensors") which may be subject to
-additional terms and conditions or restrictions imposed by such Third
-Party Licensors in a separate license agreement (the "Third Party
-Licenses"). Such Third Party Licenses will be identified in the
-Third Party Licenses document describing each such Third Party
-Licenses associated with every Altera product. A hyperlink to an
-Altera webpage containing the text of all Third Party Licenses may be
-accessed at http://dl.altera.com/eula.
-
-9. Term and Termination. The license is effective until terminated
-by either party, or terminated in accordance with its terms, whichever
-occurs first. You may terminate it at any time by uninstalling and
-irrevocably destroying the Licensed Software, including all
-modifications, copies, and all portions of the foregoing, and
-certifying to such destruction in a writing signed by an officer of
-Licensee. Altera may terminate the license if You or Licensee fail to
-comply with any material term or condition of this Agreement,
-including but not limited to Licensee's or Your breach of the license
-rights granted to Licensee in this Agreement, or breach of Licensee's
-obligations of confidentiality, and may also terminate the license in
-accordance with the terms of the Agreement.
-
-10. Limited Warranty and Remedies.
-
- 10.1 Limited Warranty. For a period of ninety (90) days from
-the date of Licensee's first receipt from Altera or the Authorized
-Distributor, as the case may be, of the License Key (the "Warranty
-Period"), Altera warrants to Licensee that: (i) the Licensed Software
-will perform substantially in accordance with Altera's Documentation,
-if used in full compliance with the terms of this Agreement; and (ii)
-the DVD (if applicable) on which the Licensed Software is installed
-will be free from defects in materials and workmanship under normal
-use. This warranty is personal in nature, provided only to Licensee,
-and is not transferable to Licensee's end users, customers, or to any
-third party.
-
- 10.2 Exceptions to Warranty. During the Warranty Period, (i)
-Altera (either directly or through its Authorized Distributor) will
-replace any Licensed Software or DVD not meeting the foregoing
-warranty which is returned to Altera or the Authorized Distributor
-with adequate proof of purchase; or (ii) if Altera (either directly or
-through the Authorized Distributor) is unable to deliver replacement
-Licensed Software that performs substantially in accordance with
-Altera's Documentation or a DVD that is free of defects in materials
-or workmanship, Licensee may terminate this Agreement by either
-returning to Altera or irrevocably destroying the Licensed Software,
-and providing the certification described in Paragraph 8 above. Any
-replacement Licensed Software or DVD will be warranted for the
-remainder of the original Warranty Period or thirty (30) days,
-whichever is longer. The foregoing warranty extends only to the
-Licensed Software in the form delivered by Altera to Licensee, and not
-to any: (i) modifications not made by Altera or its Authorized
-Distributor; (ii) misuse, abuse, or use of the Licensed Software in a
-manner not contemplated by this Agreement; (iii) failure to use
-compatible Altera Devices as set forth in the Documentation; (iv)
-Third Party Materials; and (v) any DVD (if applicable) that has been
-damaged as a result of accident, misuse, or abuse.
-
-11. Disclaimer of Warranties. EXCEPT AS EXPRESSLY SET FORTH ABOVE,
-AND NOTWITHSTANDING ANYTHING TO THE CONTRARY IN THIS QUARTUS
-AGREEMENT, NO OTHER WARRANTIES OR CONDITIONS, EITHER EXPRESS OR
-IMPLIED, ARE MADE WITH RESPECT TO THE LICENSED SOFTWARE AND/OR SUPPORT
-PROVIDED BY ALTERA, ITS LICENSORS, OR ANY AUTHORIZED DISTRIBUTOR,
-INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF
-MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND
-NONINFRINGEMENT. ALTERA, ITS LICENSORS, AND AUTHORIZED DISTRIBUTORS
-EXPRESSLY DISCLAIM ALL LIABILITY FOR DAMAGES, INCLUDING, BUT NOT
-LIMITED TO, DIRECT, INDIRECT, SPECIAL, INCIDENTAL, AND CONSEQUENTIAL
-DAMAGES, SUCH AS EXPENSES, RECALL COSTS, BUSINESS INTERRUPTION
-DAMAGES, LOSS OF OR DAMAGE TO INFORMATION, LOSS OF GOODWILL, LOST
-PROFITS, LOST SAVINGS, OTHER DAMAGES ARISING OUT OF THE USE OF OR
-INABILITY TO USE THE LICENSED SOFTWARE; THAT THE FUNCTIONS CONTAINED
-IN THE LICENSED SOFTWARE WILL MEET LICENSEE REQUIREMENTS; OR THAT THE
-OPERATION OF THE LICENSED SOFTWARE WILL BE UNINTERRUPTED OR ERROR-
-FREE. LICENSEE ALSO ASSUMES RESPONSIBILITY FOR THE SELECTION OF THE
-LICENSED SOFTWARE TO ACHIEVE ITS INTENDED RESULTS AND FOR THE
-INSTALLATION, USE, AND RESULTS OBTAINED FROM THE LICENSED SOFTWARE.
-YOUR'S AND LICENSEE'S SOLE REMEDIES AND ALTERA'S, ITS LICENSORS' AND
-THE AUTHORIZED DISTRIBUTORS' ENTIRE LIABILITY ARE AS SET FORTH ABOVE.
-Some jurisdictions do not permit the exclusion of implied warranties,
-so the above exclusion may not apply to You or Licensee, but shall be
-interpreted to apply to the maximum extent permissible under
-applicable law.
-
-12. Support Services. After expiration of the Warranty Period, upon
-payment of the applicable support fee Altera or its Authorized
-Distributor, as the case may be, Altera or the Authorized Distributor
-shall: (i) be obligated to provide Support for the Licensed Software
-(including bug fixes, error corrections and any other updates) made
-generally available by Altera to licensees that purchase support and
-maintenance for a period of 12 months from the date of the license
-purchase or renewal, or the date of the license activation, whichever
-is later; and (ii) use commercially reasonable efforts to respond by
-telephone or email to Your inquiries for support for the Licensed
-Software. Any information collected by Altera or the Authorized
-Distributor arising from or relating to Your requests for Support,
-including but not limited to design files compiled using the Licensed
-Software provided by You or Licensee for purposes of design
-assistance, enhancement, and troubleshooting, may be used internally
-by Altera for the purpose of improving future versions of the Licensed
-Software and developing future products. Any such information will
-not be disclosed by Altera to any third parties other than its
-subsidiaries, its Authorized Distributors, its authorized sales
-representatives, and to You.
-
-13. Limitation of Liability. Under no circumstances shall Altera,
-its licensors, or an Authorized Distributor be liable to You, Licensee
-or to any third party in an amount greater than One Thousand Dollars
-($1,000.00) or the subscription fee paid by Licensee to Altera or the
-Authorized Distributor for the Licensed Software covered by this
-Quartus Agreement. You or Licensee may not sublicense, assign, or
-transfer the license rights granted herein, or disclose any trade
-secrets associated with the Licensed Software, except as expressly
-provided in this Quartus Agreement. Any attempt to sublicense,
-assign, or transfer any of the rights, duties, or obligations
-hereunder is void and shall automatically terminate any licenses and
-rights granted under this Quartus Agreement.
-
-14. Choice of Law/Venue. This Agreement will be governed by the laws
-of the State of California, United States of America, without
-reference to its choice of laws provisions. You and Licensee agree
-to submit to the exclusive jurisdiction of the state and federal
-courts in the County of Santa Clara, State of California for the
-resolution of any dispute or claim arising out of or relating to this
-Agreement. The prevailing party in any legal action, settlement or
-arbitration arising out of this Agreement shall be entitled to
-reimbursement for its expenses, including court costs and reasonable
-attorneys' fees, in addition to any other rights and remedies such
-party may have.
-
-15. Export Control. You and Licensee shall not transfer any
-Confidential Information, the Licensed Software, the Documentation or
-any modifications or portions of any of the foregoing to any U.S.
-sanctioned or embargoed country, or to nationals or residents of such
-countries, including but not limited to a foreign national having a
-last citizenship or permanent residency of Cuba, Iran, Lybia, North
-Korea, Sudan, or Syria, and/or to any country subject to trade
-sanctions, as may be revised from time to time; or transfer the
-Licensed Software to any party where the end use involves hazardous
-uses, including but not limited to nuclear, chemical, and/or
-biological weapons, missiles, drones, or space launch systems capable
-of delivering such weapons.
-
-16. U.S. Government Restricted Rights. You and Licensee acknowledge
-and agree that all software and software-related items licensed to
-Licensee by Altera pursuant to this Agreement are "Commercial Computer
-Software" or "Commercial Computer Software Documentation" as defined
-in FAR 12.212 for civilian agencies and DFARS 227-7202 for military
-agencies (as amended) and in the event You are permitted under this
-Quartus Agreement to provide such items to the U.S. government, such
-items shall be provided under terms that are at least as restrictive
-as the provisions of this Quartus Agreement. The
-Contractor/manufacturer is Altera Corporation, 101 Innovation Drive,
-San Jose, CA 95134 and its licensors.
-
-17. Assignment. Altera reserves the right to transfer any and all
-information collected by the TalkBack feature from users of the
-Licensed Software to a third party in the event that we sell, merge
-or transfer all or substantially all of our assets related to the
-Licensed Software to such third party.
-
-18. Access to Information on the ALTERA Cloud Site. If enabled, all
-users have the ability to view the compile data transmitted by logging
-into the https://cloud.altera.com ALTERA cloud site with the same user
-account specified when enabling the Quartus Prime notifications feature.
-From this site, any users can browse the compile status data, or
-delete/purge results as they wish.
-
-19. TalkBack(TM) and Problem Reporter Notice, Consent and Opt-Out.
-
- 19.1 Information Collected and Transmission of Information.
-TalkBack is a feature of the Licensed Software that electronically
-transmits to Altera various data concerning Your Use of the Licensed
-Software. No actual logic designs or machine-executable binary form
-of cores used to program an Altera Device that are processed with the
-Licensed Software will be collected or transmitted with TalkBack. The
-types of data TalkBack transmits to Altera include: (i) constraint
-data (location assignments, clock and timing requirement and
-assignments, and any constraints set via the Quartus PRIME GUI
-(graphical user interface); (ii) device data (targeted device and
-family); (iii) compilation data (device, memory and I/O utilization,
-and time of compilation); (iv) design data (the number of each type of
-file used, name of top file, intellectual property cores/MegaCore
-logic functions used, and intellectual property parametrization); (v)
-Licensed Software tools (synthesis, simulation and timing analysis
-tools used, and version and build of the Licensed Software); (vi)
-platform data (operating system, speed and number of processors and
-main memory); (vii) license file identification number (T-Guard, host
-ID, NIC ID or C: drive); (viii) GUI activities and Licensed Software
-errors log data (previous exit status); and (ix) help access data.
-Altera may correlate the data collected by TalkBack primarily through
-the FlexNet License Key to determine the identity of Licensee and
-Users.
-
- 19.2 Transmission of Information. TalkBack functions by
-bundling the collected data resulting from Your Use of the Licensed
-Software and writing it to html and/or xml files which are
-electronically transmitted over the internet to Altera by hypertext
-transfer protocol secure post (https). TalkBack will only maintain up
-to fifteen (15) files at any given time (i.e., the last five (5) sent
-files and up to ten (10) unsent files). As new files are created,
-prior files (whether or not previously transmitted) will be deleted.
-Each saved file will be less than 500 KB in size and can be viewed as
-text files found in the temporary directory on Your hard drive
-(typically in /tmp, c:/temp, or c:\documents and
-setting\username\local settings\temp). If the https transmission
-fails, or an internet connection is not available at the time of the
-attempted transmission, the data is stored as an html and/or xml file.
-TalkBack will not initiate an internet connection. Once an internet
-connection is achieved, the https transmission will be attempted again
-upon re-compilation. Files that have not been successfully
-transmitted will be named "quartus_talkback*.xml", while successfully
-transmitted files will be renamed as "sent_quartus_talkback*.xml."
-The performance of the Licensed Software will not be materially
-affected by the operation of TalkBack.
-
- 19.3 Non-disclosure and Protection of Information Collected; Use
-of Information. Altera uses the data received through TalkBack in
-order to continuously improve the Licensed Software and other
-products, technology and services Altera offers to customers. This
-information will not be used to send You any sales and marketing
-communications, and we will only send You such information if You have
-previously consented to receive such communications.
-
- Altera uses all reasonable efforts to maintain the privacy of the
-data during transmission and after receipt by Altera through firewalls
-and other commonly available physical and technical security measures.
-However, due to technological limitations and the transmission of data
-through internet service providers not under contract with Altera, and
-the risk of unlawful interceptions and accessing of transmissions
-and/or data, Altera cannot guarantee, and You and Licensee should not
-expect, that Licensee's information will be absolutely protected or be
-maintained with absolute confidentiality at all times. The
-information collected by the TalkBack feature will not be disclosed
-to any third parties other than Altera's subsidiaries and the company
-on behalf of whom You are using the Quartus Prime software (collectively,
-"Partners"). In addition to disclosures to Altera Partners, Altera
-may disclose data collected by Talkback related to Licensee and its
-Users with or without prior notice, when Altera reasonably believes
-applicable law requires such disclosure, in response to subpoenas or
-official requests from governmental or administrative agencies, to
-protect Altera's business or systems, or to respond to an emergency.
-
- 19.4 Enabling/Disabling TalkBack. TalkBack will collect
-and provide certain information to Altera. By downloading,
-installing, copying or using the Licensed Software, or by paying a
-subscription fee, You hereby agree that you have been fully informed
-about the purposes for which your information will be used, and You
-give Your consent for Altera to use this information both within and
-outside of the European Union for the purposes described in this
-TalkBack disclosure notice. You may disable or enable TalkBack by
-running QTB_INSTALL.EXE located in Licensee's Quartus/bin folder.
-
- 19.5 Enabling/Disabling Problem Reporter. Problem
-Reporter will collect and provide certain information to Altera
-concerning Your Use of the Licensed Software, in the event of a
-software crash. No logic designs or machine-executable binary form
-of cores used to program an Altera Device that are processed with the
-Licensed Software will be collected or transmitted with Problem
-Reporter. The types of data Problem Reporter transmits to Altera
-include: (i) Licensed Software tools (tools used, and version and
-build of the Licensed Software); (ii) platform data (operating
-system); and (iii) Licensed Software errors log data (previous exit
-status). By downloading, installing, copying or using the Licensed
-Software, or by paying a subscription fee, You hereby agree that you
-have been fully informed about the purposes for which your information
-will be used, and You give Your consent for Altera to use this
-information both within and outside of the European Union for the
-purposes described in this Problem Reporter disclosure notice. You
-may disable or enable Problem Reporter at any time by making the
-appropriate setting in the Quartus Prime "Options > Internet
-Connectivity" dialog box in the Quartus Prime software graphical user
-interface.
-
-20. General Terms. This Quartus Agreement is entered into for the
-benefit of Altera, its licensors and Authorized Distributors, and all
-rights granted to You and Licensee, and all obligations owed to
-Altera, its licensors and the Authorized Distributors shall be
-enforceable by Altera, its licensors and the Authorized Distributors.
-No modification of this Quartus Agreement will be binding unless in
-writing and signed by authorized representatives of each party. If
-any of the provisions of this Quartus Agreement are found to be in
-violation of applicable law, void, or unenforceable, then such
-provisions shall be deemed to be deleted from the Quartus Agreement,
-but the remaining provisions of the Quartus Agreement shall remain in
-full force and effect. If You have any questions concerning this
-Quartus Agreement, including questions relating to software
-maintenance or warranty service, please contact Altera Corporation,
-101 Innovation Drive, San Jose, CA 95134.
-
-By downloading, installing, copying or using the Licensed Software, or
-by paying a subscription or other applicable fee, You acknowledge that
-You have read this Quartus Agreement, understand it, and agree to be
-bound by its terms and conditions. You further agree that the
-Quartus Agreement is the complete and entire agreement of the parties
-with respect to the subject matter hereof. No statements, promises or
-representations have been made by one party to the other, or are
-relied upon by either party when entering into this Quartus Agreement.
-All prior and contemporaneous discussions and negotiations, whether
-verbal or written, are merged into and superseded by the Quartus
-Agreement. No entity or person not a party hereto shall have any
-interest under this Quartus Agreement, or be deemed to be a third
-party beneficiary of the Quartus Agreement. If the Agreement
-terminates for any reason, all definitions in this Agreement and the
-rights, obligations, and restrictions under Paragraphs 1
-(Definitions); 5 (Confidential Information; 6 (Restrictions on Use); 7
-(No Other Licenses or Intellectual Property Rights); 8 (Third Party
-Licensors); 10 (Limited Warranty and Remedies); 11 (Disclaimer of
-Warranties); 13 (Limitation of Liability); 14 (Choice of Law/Venue);
-15 (Export Control); 16 (U.S. Government Restricted Rights); 17
-(Assignment); and 20 (General Terms) shall survive termination of this
-Agreement.
-
-
-[END OF QUARTUS PRIME, VERSION 15.1 LICENSE AGREEMENT]
-
-MEGACORE(R) FUNCTION VERSION 15.1 LICENSE AGREEMENT
-
-
-Copyright (C) 1991-2015 Altera(R) Corporation. All rights
-reserved. "Megacore" is a registered trademark of Altera Corporation
-in the U.S. and other countries. Any other trademarks and trade names
-referenced here are the property of their respective owners.
-
-PLEASE REVIEW THE FOLLOWING TERMS AND CONDITIONS IN THIS MEGACORE
-FUNCTION LICENSE AGREEMENT (THE "MEGACORE AGREEMENT" OR "AGREEMENT")
-CAREFULLY BEFORE DOWNLOADING, INSTALLING OR USING THE LICENSED
-SOFTWARE. BY: (A) DOWNLOADING, INSTALLING, COPYING OR USING THE
-LICENSED SOFTWARE; OR (B) PAYING A LICENSE FEE OR OTHER FEE TO ALTERA;
-OR (C) PAYING A FEE TO AN AUTHORIZED DISTRIBUTOR, YOU INDICATE YOUR
-ACCEPTANCE OF THIS MEGACORE AGREEMENT. IN THE EVENT OF ANY
-INCONSISTENCY BETWEEN THE TERMS OF THE MEGACORE AGREEMENT AND YOUR
-AGREEMENT WITH AN AUTHORIZED DISTRIBUTOR, THIS MEGACORE AGREEMENT WILL
-GOVERN AND CONTROL, EXCEPT WITH REGARDS TO PAYMENT TERMS.
-
-Certain files, programs, or other materials provided in connection
-with the Licensed Software may originate or contain components from
-Third Party Licensors and are licensed to Licensee pursuant to the
-terms of the applicable Third Party License appearing upon activation
-or installation of the Licensed Software, and/or are contained or
-described in associated release notes, header source files, or other
-documentation. Any such additional terms, and conditions or
-restrictions will also be listed in a separate file called "Third
-Party Licenses Document". You agree to carefully review and comply
-with the terms of such Third Party Licenses. NOTWITHSTANDING ANYTHING
-TO THE CONTRARY IN THE AGREEMENT, AS BETWEEN LICENSEE AND ALTERA, AND
-TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, ALL SUCH THIRD
-PARTY LICENSES SHALL BE SUBJECT TO SECTION 5.3 (DISCLAIMER OF
-WARRANTIES), SECTION 10 (LIMITATION OF LIABILITY) AND SECTION 11.6
-(GOVERNING LAW). ALTERA OFFERS NO WARRANTIES (WHETHER EXPRESS OR
-IMPLIED); INDEMNIFICATION; AND/OR SUPPORT OF ANY KIND WITH RESPECT TO
-THIRD PARTY MATERIALS, EXCEPT THAT WE WILL PASS THROUGH TO YOU, IF AND
-TO THE EXTENT AVAILABLE, ANY WARRANTIES EXPRESSLY PROVIDED TO US BY
-THIRD PARTY LICENSORS RELATING TO SUCH THIRD PARTY MATERIALS.
-
-IF YOU DO NOT AGREE WITH THE TERMS AND CONDITIONS OF THIS MEGACORE
-AGREEMENT OR THE TERMS OF ANY OF ITS THIRD PARTY LICENSES, DO NOT
-DOWNLOAD, COPY, INSTALL OR USE THE LICENSED SOFTWARE. IF YOU HAVE
-ALREADY DOWNLOADED THE LICENSED SOFTWARE, PLEASE UNINSTALL IT AND
-IRREVOCABLY DESTROY ANY COPIES YOU HAVE MADE AS SOON AS POSSIBLE. IF
-YOU HAVE RECEIVED A COPY OF THE LICENSED SOFTWARE ON DVD OR OTHER
-MANNER THAN ELECTRONIC DOWNLOAD, PLEASE RETURN THE LICENSED SOFTWARE
-UNUSED TO ALTERA OR THE AUTHORIZED DISTRIBUTOR FROM WHICH YOU OBTAINED
-THE LICENSE PROMPTLY.
-
-1. Definitions.
-
-"Altera" means Altera Corporation, including its affiliates and
-subsidiaries worldwide.
-
-"Altera Devices" means programmable logic devices, including field
-programmable gate arrays ("FPGAs") devices or complex programmable
-logic devices ("CPLDs") structured application specific integrated
-circuit devices, and/or any other semiconductor devices designed,
-developed or manufactured by or on behalf of Altera.
-
-"Authorized Contractors" means a person, company, or other entity
-that: (i) provides design, testing, or integration services for
-Licensee, but such integration services shall be performed solely for
-implementation within Altera Devices; and who is (ii) is subject to a
-written confidentiality agreement protecting Altera's Confidential
-Information with restrictions no less restrictive than those contained
-in this MegaCore Agreement, and Licensee shall enforce such agreement
-in the same fashion as it would enforce its own confidentiality
-agreements of similar importance. Any access to or use of the
-Licensed Software or the Licensed Product by the Authorized Contractor
-is subject to the following: (a) such access and/or use shall be for
-the sole benefit of Licensee; (b) a breach of the MegaCore Agreement
-or the terms of any other Altera agreement by the Authorized
-Contractor shall be deemed to be a breach of such agreement(s) by
-Licensee, and Licensee shall be liable for any acts or omissions of
-the Authorized Contractor; (c) Licensee shall ensure that in no event
-will any such Authorized Contractor be a competitor of Altera.
-
-"Authorized Distributor(s)" means a reseller, OEM, ODM, or any other
-distributor that is authorized by Altera to license the Licensed
-Software in a valid agreement entered into between Altera and such
-reseller or distributor.
-
-"Checkout License" means a time-limited license granted by Altera
-associated with an existing Floating License to install and Use the
-Licensed Software on a single fixed standalone computer for use by a
-single user. This license shall expire after a specified time as
-designated by Altera. The total number of Checkout Licenses that may
-be granted in relation to a single Floating License may not exceed the
-total number of individual Seats associated with such Floating
-License.
-
-"Concurrent Users" means the number of simultaneous users accessing
-the Licensed Software. For example, a 20-seat concurrent use license
-would allow 20 users to log in and use the Licensed Software at one
-time, but the 21st user attempting to check in would be blocked and
-unable to do so until one other user checks out.
-
-"Confidential Information" means and includes, but is not limited to:
-(i) the Licensed Software (whether provided in source code or binary
-form, including any modifications, derivatives, updates and upgrades
-thereto) and the algorithms, concepts, techniques, methods and
-processes embodied therein; (ii) the Licensed Products and all
-information and specifications associated therewith; (iii) any
-business, marketing, technical, scientific, or financial information
-disclosed to You by Altera or an Authorized Distributor; or (iv) any
-information which, at the time of disclosure, is designated in writing
-as confidential or proprietary, or similar designation, is disclosed
-in circumstances of confidence, or would be reasonably understood by a
-person, exercising business judgment, to be confidential.
-
-"Designated Equipment" means the computer system that is owned or
-leased by You and operated on Your premises, and identified by a
-network interface card ("NIC") or host ID number on which the Licensed
-Software is installed and Used, and which has the configuration,
-capacity, operating system version level, and pre-requisite
-applications described in the Documentation as necessary for the
-operation of the Licensed Software, and is designated by the NIC /host
-ID in the License Key as the computer system on which the License Key
-management software will be installed.
-
-"Derivative Works" means any derivatives or modifications of the
-Licensed Software created by You or by a third party on Your behalf,
-including: (i) for copyrightable or copyrighted material, any
-translation, abridgement, revision or other form in which an existing
-work may be recast, transformed or adapted; (ii) for work protected by
-topography or mask right, any translation, abridgement, revision or
-other form in which an existing work may be recast, transformed or
-adapted; (iii) for patentable or patented material, any improvements;
-and (iv) for material protected by trade secret, any new material
-derived from or employing such trade secret.
-
- "Fixed with Companion License" means a license to install: (i) the
-Licensed Software on a fixed standalone computer for Use by a single
-User; and (ii) the Licensed Software on up to two companion fixed
-standalone computers. Under this license, only one Seat may be used
-by a single User at any given time.
-
- "Floating Node Seat" is a license that allows the Licensed Software
-to be: (i) installed on and accessed from any number of computers on a
-network environment; (ii) Used by the permitted number of Concurrent
-Users that is equal to the number of Seats licensed as determined by
-the License Key; and (iii) Used for the sole purposes of developing,
-programming, synthesizing, testing and verifying designs for Altera
-Devices.
-
-"Intellectual Property Rights" means all (i) patents, patent
-applications, patent disclosures and inventions (whether patentable or
-not); (ii) trademarks, service marks, trade dress, trade names, logos,
-corporate names, Internet domain names, and registrations and
-applications for the registration for any of them, together with all
-goodwill associated therewith; (iii) copyrights and copyrightable
-works (including computer programs and mask works) and registrations
-and applications for registration; (iv) trade secrets, know-how and
-other such Confidential Information; (v) waivable or assignable rights
-of publicity, waivable or assignable moral rights; (vi) unregistered
-and registered design rights and any applications for registration;
-(vii) database rights and all other forms of intellectual property,
-such as data; and (viii) any and all similar or equivalent rights
-throughout the world.
-
-"License Key" means a FlexNet license key, license file, license
-manager, dongle or other key, code or information provided by Altera
-that: (i) enables a User to, operate and/or regulate User access to
-the Licensed Software; and (ii) describes the version number of the
-Licensed Software and lists the number of Concurrent Users authorized
-to Use the Licensed Software.
-
-"License Period" means the period of time Licensee has Use of the
-Licensed Software as governed by the License Key.
-
-"Licensee" means an individual, corporation or other legal entity to
-which Altera has issued a Seat of the Licensed Software.
-
-"Licensed Software" means (i) the applicable MegaCore Function; (ii)
-any format test benches (if applicable) and/or suite of test vectors
-(if applicable); and (iii) the Specification (if applicable) related
-to the foregoing, and is enabled via the License Key, but does not
-include Unlicensed Software components, files, or portions
-specifically identified as not being included, licensed or enabled via
-the License Key.
-
-"Licensed Products" means any Altera Device(s) in which the Licensed
-Software, in whole or in part (or as modified by Licensee or an
-Authorized Contractor) are incorporated or implemented pursuant to the
-provisions of this MegaCore Agreement.
-
-
-"Maintenance Expiration Date" is set as 12 months from the latter of
-date of license/ license renewal and license activation. The
-Maintenance Expiration date for each seat license is noted in the
-license key. Further description is provided in Section 9.1 below.
-
-"MegaCore Function" means one or more design files, including
-encrypted netlists, RTL, test vectors, simulation models (such as VHDL
-, Verilog HDL, Quartus simulation, Matlab, Simulink, Verisity,
-Specman, Synopsys, Vera, etc.) and other models, each of which may be
-provided in either as unencrypted source code or object code formats,
-or in encrypted netlist or encrypted source code formats, and memory
-controllers provided in source code format, where each is designed to
-implement or supports the design of a specific function into an Altera
-Device, together with any updates Altera may provide to You pursuant
-to this MegaCore Agreement, except for components, files, or portions
-that are subject to any license agreement(s) set forth in any Third
-Party Licenses document or file.
-
-"OpenCore Plus Evaluation Mode" means a limited licensing feature
-offered by Altera that permits free evaluation of a MegaCore Function
-upon installation and prior to payment of a licensing fee.
-
-"Seat" means the right granted under this Agreement by Altera to Use
-the Licensed Software by a single User in accordance with the terms
-and conditions of this Agreement or an Authorized Distributor's
-license agreement. A Seat is either a Floating Node Seat or a Fixed
-with Companion License, which is enabled via a License Key.
-
-"Specification" means technical data in human or machine readable
-form furnished by Altera which: (i) provides operating instructions
-for using the Licensed Software, or (ii) explains the capabilities and
-functions of such items, and any full or partial copies of any such
-technical data.
-
-"Support" means any support or maintenance services provided to
-Licensee by Altera, an Authorized Distributor, and/or authorized
-Altera representatives in responding to email, telephone, or other
-inquiries from You for maintenance, technical, or other support
-requests in connection with the Licensed Software or the Licensed
-Products.
-
-"Third Party Licenses" is a separate file, header, or release notes
-that contains additional terms, conditions or restrictions imposed by
-Third Party Licensors. Such Third Party Licenses will be identified
-in a Third Party Licenses Document describing each Third Party License
-associated with every Altera product. A hyperlink to an Altera
-database containing the text of all Third Party Licenses may be
-accessed by clicking on the applicable line in the Third Party
-Licenses Document.
-
-"Third Party Licensors" means and includes any third party that
-licenses or provides Third Party Materials to Altera.
-
-"Third Party Materials" are materials or components included in the
-download or the DVD, as applicable, that include but are not limited
-to software, code portions or files owned by Third Party Licensors,
-and are provided subject to Third Party Licenses.
-
-"Unlicensed Software" means any Altera computer programs or code in
-any format for which Licensee does not hold an active License Key
-issued by Altera, including but not limited to any non-subscribed or
-disabled features.
-
-"Use" means downloading, installing, using and copying all or any
-portion of the Licensed Software into the Designated Equipment for
-processing the instructions contained in the Licensed Software, and/or
-loading data into or displaying, viewing or extracting output results
-from, or otherwise operating, any portion of the Licensed Software.
-
-"User" or "You" means an individual identified by Licensee as a person
-authorized to Use the Licensed Software on behalf of and for the
-benefit of Licensee. If Licensee is an individual who obtained a Seat
-for his/her individual use, Licensee and User are and will be one and
-the same.
-
-2. Grant of License, Restrictions and Limitations.
-
- 2.1. Altera License. Subject to and conditioned upon
-Licensee's compliance with the terms and conditions of this Agreement,
-including payment of the applicable license fee (unless You are using
-the Licensed Software through the OpenCore Plus Evaluation Feature)
-Altera hereby grants to Licensee a personal, worldwide, non-exclusive,
-non-transferable, perpetual (but subject to termination as otherwise
-described in this Agreement), royalty-free license with no right to
-sublicense under Altera's copyright and trade secret rights embodied
-in and to the Licensed Software to Use the Licensed Software during
-the License Period solely to:
-
- (a) design with, parameterize, compile, route, and
-generate programming files and netlists with the Licensed Software,
-solely for implementation in Altera Devices, provided You have: (i)
-obtained from Altera a Fixed with Companion License or Checkout
-License; or (ii) if You have purchased a Floating License, multiple
-users on networked workstations up to the number of Concurrent Users
-for which You have obtained licenses from Altera;
-
- (b) program Altera Devices with the Licensed Software;
-
- (c) exercise the rights granted in Sections (a) and (c) of
-this Section 2.1 through Authorized Contractors;
-
- (d) install the Licensed Software on one (1) or more
-computers, as specified the Fixed with Companion License, Floating
-License, or Checkout License (as applicable) You have obtained from
-Altera. In accordance with the provisions of this Section 2.1 ;
-
- (e) Except as otherwise provided in Section 10.2 below,
-You may manufacture or have manufactured, market, offer for sale,
-sell, or otherwise distribute or have distributed Your products
-containing one or more Licensed Software; and
-
- (f) Subject to Altera's prior written approval, upon the
-negotiation of a mutually acceptable agreement and your payment to
-Altera of license fees and royalties, You may incorporate the Licensed
-Software within the approved ASIC for a specific project.
-
- 2.2 Use Restrictions. No right is granted under this
-Agreement to use the Licensed Software or any machine-executable,
-binary form of a core used to design, develop, or program a non-Altera
-Devices. However, You may port ASIC designs to Altera Devices for the
-sole purposes of prototyping and verification. Altera specifically
-disclaims any liability for results obtained when using the Licensed
-Software to program non-Altera Devices. Additionally, Licensee may
-not: (i) modify or synthesize any simulation model output files
-generated from or resulting from the Licensed Software, (ii) use, and
-shall prevent any third parties or Authorized Contractors from using,
-the Licensed Software to program programmable logic devices, field
-programmable gate arrays ("FPGAs"), application specific integrated
-circuits, application specific standard products, or any other
-integrated circuit products designed or manufactured by any company or
-entity other than Altera; (iii) except as otherwise permitted under
-this Agreement, You may not sublicense or transfer the Licensed
-Software and any rights granted under this Agreement. If Licensee
-transfers possession or control of the Licensed Software (including
-any modifications or portions thereof) or any rights granted under
-this Agreement to a third party, this license shall automatically
-terminate without notice; (iv) Licensee may not decompile,
-disassemble, reverse engineer, or otherwise attempt to access or
-derive the source code of the Licensed Software, or any algorithms,
-concepts, techniques, methods or processes embodied therein, or reduce
-the source code of the Licensed Software to a human readable form
-("Reverse Engineer") except as otherwise permitted in this Agreement,
-or as permitted by applicable law. In such case, Licensee may Reverse
-Engineer, but only after giving written notice to Altera, and only to
-the extent permitted by the Agreement or applicable law; and (v) You
-or Licensee may not publish or disclose the results of any
-benchmarking or testing of the Licensed Software or portions thereof,
-or use such results for Licensee's own competing software development
-activities, without the prior written permission of Altera.
-
- 2.3. OpenCore Plus Evaluation License. Notwithstanding
-anything to the contrary in Section 2.1 above, if You are using the
-Licensed Software through the OpenCore Plus Evaluation Feature, Your
-license is more limited than the license granted by Altera in Section
-2.1 above. Altera grants to You a temporary, limited, nonexclusive,
-nontransferable, single Concurrent User right and license to: (a)
-evaluate the logic designs of Altera Devices by performing the
-following functions: design entry, timing, place and route,
-compilation and verification of logic designs for Altera Devices; and
-(b) evaluate the hardware in Altera Devices by programming the
-MegaCore Function into such Altera Devices, but only for so long as
-the Altera Device is continuously connected via a programming cable to
-a host development computer that is running the Altera development
-tool programmer software. Otherwise, the Licensed Software will
-operate for a predetermined amount of time, after which the Licensed
-Software is automatically disabled and will be inoperable. Certain
-features and functions of the Licensed Software may be disabled by
-Altera during the OpenCore Plus evaluation. In no event will Altera
-be held liable for any damages or losses to You, Licensee or any
-third-party resulting from the automatic disabling of any MegaCore
-functions obtained through Altera's Opencore Plus evaluation license.
-
- 2.4. Reservation of Rights. Except for the licenses expressly
-granted to You or Licensee in this Section 2, no other licenses are
-granted to Licensee or You by implication, estoppel, or otherwise, and
-all rights not expressly granted to Licensee or You in this Section 2
-are reserved by Altera.
-
- 2.5. Delivery of Licensed Software. The Licensed Software will
-be delivered electronically, and will be accepted upon delivery. You
-may copy the Licensed Software solely for back-up or archival
-purposes, and may use the Licensed Software over a network.
-
- 2.6. License Key. Altera will deliver the License Key to You
-after Altera's receipt of all information required to generate the
-License Key, including the product name and quantity of Seats licensed
-for the designated server or computer onto which You will install the
-License Key management software. In accordance with its distribution
-method, Altera may include with the Licensed Software additional
-Unlicensed Software to which the License Key will not permit access.
-Inclusion of such Unlicensed Software in no way implies a license from
-Altera to access or use such Unlicensed Software, and You agree not to
-access or use such Unlicensed Software, unless the License Key
-specifically authorizes such access and use.
-
- 2.7. Intellectual Property Rights Notices. Any copies of the
-Licensed Software made by or for Licensee or You shall include all
-intellectual Property Rights notices. Licensee will not, and shall
-cause its Authorized Contractors and its customers and/or end users to
-not remove any Altera Intellectual Property Rights notices from the
-Licensed Software. Any copy of the Licensed Software or portions
-thereof, including but not limited to any modified versions,
-Derivative Works, any portion merged into a design, and/or any design
-or product that incorporates all or any portion of the Licensed
-Software, will continue to be subject to the terms and conditions of
-this Agreement.
-
- 2.8. Feedback. If You provide Altera with any comments or
-suggestions with respect to the modification, correction, improvement,
-or enhancement of: (i) the Licensed Software or portions thereof; (ii)
-any Confidential Information disclosed by Altera to You; or (iii)
-Licensed Products that may embody such Confidential Information
-(collectively, the "Feedback") then You and Licensee agree to grant
-and hereby grant to Altera a nonexclusive, irrevocable, perpetual,
-worldwide, royalty-free, fully paid up right and license under any
-Intellectual Property Rights You may have in and to the Feedback,
-including but not limited to the following rights: (a) create
-Derivative Works of the Feedback; (b) modify, enhance, and customize
-the Feedback; (c) sublicense the Feedback to Altera licensees and
-customers; and (d) market, perform, copy, have copied, make, have
-made, Use, offer to sell, sell, and otherwise distribute Altera's and
-its sublicensees' products including or embodying Feedback in any
-manner and via any media Altera chooses.
-
- 2.9. No Other Licenses or Grant of Intellectual Property Rights.
-Except as provided in this Agreement, neither party grants to the
-other party, either directly or indirectly, by implication, or by way
-of estoppel, any license or any other right under such party's
-Intellectual Property Rights. You and Licensee acknowledge and agree
-that: (i) this Agreement does not grant to Licensee any right to
-practice, or any other right at all with respect to, any patent of
-Altera or its licensors, and a separate license agreement from Altera
-or its licensors is needed to use or practice any patent of Altera or
-its licensors. Licensee, on behalf of its Users, affiliates and
-subsidiaries, agrees not to contend in any context that, as a result
-of this Agreement, either Altera or its licensors have any obligation
-to extend, or Licensee, its Users or any other party has obtained any
-right to, any license, whether express or implied, with respect to any
-patent of Altera or its licensors, for any purpose whatsoever.
-
-3. Ownership and Future Development.
-
- 3.1. Ownership of Licensed Software. As between Licensee, You
-and Altera, You and Licensee acknowledge and agree that Altera and
-its licensors have and shall have exclusive ownership of all worldwide
-right, title and interest in and to the Licensed Software and all
-Intellectual Property Rights and industrial rights associated
-therewith, including but not limited to enhancements, corrections,
-improvements, modified versions, or Derivative Works of all the
-foregoing, in whole or in part, whether developed or co-developed by
-Altera, or developed or co-developed by Licensee pursuant to this
-Agreement. To assist Altera in perfecting its ownership rights in and
-to the intellectual property described in this Section 3.1, You and
-Licensee agree to assign and hereby assign to Altera all Intellectual
-Property Rights that You and Licensee may otherwise have acquired in
-and to the intellectual property described herein, and You and
-Licensee agree to assist and cooperate with Altera in all reasonable
-respects in: (a) any actions to establish, transfer, or maintain such
-ownership rights, including executing any documents associated
-therewith; and (b) actions of enforcement of such ownership rights.
-To the extent that any rights You and/or Licensee may have acquired
-cannot be assigned under applicable law (for example, moral rights),
-You and Licensee agree to waive and hereby waive any and all rights
-related to the Intellectual Property Right described in this Section
-3.1, including without limitation any and all rights of identification
-of authorship and any and all rights of approval, restrictions or
-limitation on use, or subsequent modification.
-
- 3.2. Licensee recognizes and acknowledges that Altera is or
-may be independently developing for commercial use products that may
-be complementary to or competitive with Licensee's products and may in
-future independently develop products that may compete with Licensee's
-products. Nothing in this Agreement shall limit Altera's independent
-development and marketing or distribution of any products or systems,
-provided such independent development is accomplished without use of
-Licensee's confidential information. The existence of this Agreement
-shall not prevent Altera from undertaking discussions with third
-parties, including Licensee's competitors.
-
-4. Confidential Information. The Confidential Information
-constitutes trade secrets and confidential and proprietary information
-of Altera and its licensors, and You and Licensee agree not to access
-or Use the Licensed Software or portions thereof, directly or
-indirectly, except and to the extent expressly permitted under this
-Agreement or by applicable law. Altera and its licensors retain all
-rights in and to the Licensed Software, modifications, derivatives,
-updates, and upgrades, and all Intellectual Property Rights associated
-with any of the foregoing. No other rights or licenses are granted by
-implication, estoppel or otherwise, to You, Licensee, or any third
-party.
-
- 4.1. With respect to Confidential Information, You and
-Licensee agree: (a) to use at least the same degree of care as
-Licensee uses with respect to its own Confidential Information of
-similar importance, but in no event less than reasonable care, to
-prevent any Confidential Information from being disclosed to any third
-party, except as otherwise permitted by this Agreement; (b) not to use
-or disclose Confidential Information for any purpose except to the
-extent necessary and for the purpose of programming Altera Devices
-with the Licensed Software (the "Intended Purpose"); and (c) to
-restrict the disclosure and possession of Confidential Information
-solely to those of Licensee's Users, employees and Authorized
-Contractors with a need to know/need to access for the Intended
-Purpose, who agree to be bound by written confidentiality agreements
-no less strict than those contained in this Agreement. Licensee
-agrees to be liable to Altera for any breaches by Licensee, its Users,
-employees and Authorized Contractors of the confidentiality
-obligations in this Section 4.1.
-
- 4.2. You will have no obligations of confidentiality with
-respect to any Confidential Information to the extent that it is: (a)
-already in the public domain or falls into the public domain through
-no breach of this Agreement (or any other obligation to Altera) by
-You, Your employees and Authorized Contractors; (b) already rightfully
-known to You without any obligation of confidentiality; (c) is
-rightfully obtained by You from a third party; or (d) developed
-independently by You, Your employees or Authorized Contractors without
-breach of Your obligation of confidentiality under this Agreement.
-With respect to a disclosure required by order of a court or an
-authorized government agency, You may disclose Confidential
-Information, provided: (i) that You give prompt written notice of any
-such required disclosure to Altera; (ii) You disclose the Confidential
-Information only to the extent required by such court or governmental
-agency; and (iii) You provide reasonable assistance to Altera in its
-efforts to protect the confidentiality of the Confidential Information
-required to be disclosed.
-
- 4.3. Notwithstanding anything in this Agreement to the
-contrary, Licensee agrees that Altera may disclose Licensee's identity
-by name and address, and identify the Licensed Software licensed to
-Licensee, to the extent required by its agreement with its licensors
-and Authorized Distributors.
-
-5. Limited Warranty and Disclaimer of Warranties.
-
- 5.1. Limited Warranty. Unless You are using the Licensed
-Software through the OpenCore Plus Evaluation Feature (in which case
-the limited warranty described in this Section 5 will not apply, and
-the Licensed Software is provided to You on an "AS-IS", "with all
-faults", and on a "no warranty" basis) Altera warrants that, until
-the Maintenance Expiration Date (the "Warranty Period"), the Licensed
-Software will conform to the Specifications in all material respects
-if used in compliance with the terms and conditions of this Agreement.
-This warranty is personal to Licensee, and is not transferable to end-
-user customers or to any third party. If the Licensed Software does
-not materially conform to its Specifications, You agree to promptly
-notify Altera in writing of such alleged nonconformance, and provide
-sufficient details or evidence to allow Altera to reproduce the
-alleged defect or nonconformance. Altera shall have no obligation to
-remedy any nonconformance or defect it cannot replicate. During the
-Warranty Period, Altera may, at Altera's sole option: (i) replace any
-Licensed Software not meeting the foregoing warranty (either directly
-or through its Authorized Distributor) provided the Licensed Software
-is returned to Altera or the Authorized Distributor with adequate
-proof of purchase; or (ii) if Altera is unable to remedy the defect or
-nonconformance after reasonable commercial efforts, Altera may elect
-to refund to Licensee the license fee actually paid for the Licensed
-Software during the previous twelve (12) months. Any replacement
-Licensed Software will be warranted for the remainder of the original
-Warranty Period or thirty (30) days, whichever is longer. Your sole
-remedy, and Altera's sole obligation for a breach of the warranty in
-this Section 5.1 shall be replacement or the refund specified in
-subsections (i) and (ii) above. If Altera refunds the license fee in
-accordance with subsection (ii) above, Licensee's license and any
-rights under this Agreement will terminate immediately, and You agree
-to irrevocably destroy the nonconforming Licensed Software including
-any copies thereof and portions thereof incorporated into a design or
-product, and certify in writing to its destruction to Altera.
-
- 5.2. The foregoing warranty in Section 5.1 extends only to
-the Licensed Software in the form delivered by Altera and its
-Authorized Distributors to Licensee, and not to any: (a)
-modifications not made by Altera or its Authorized Distributor; (b)
-misuse, abuse, or use of the Licensed Software outside its Intended
-Purpose; (c) failure to use compatible Altera Devices as set forth in
-the Specifications; or (d) Third Party Materials.
-
- 5.3. Disclaimer of Warranties. THE FOREGOING WARRANTIES ARE
-IN LIEU OF ALL OTHER WARRANTIES, EXPRESS OR IMPLIED, WITH RESPECT TO
-THE LICENSED SOFTWARE OR SUPPORT SERVICES, INCLUDING BUT NOT LIMITED
-TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A
-PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, AND ANY IMPLIED
-WARRANTIES ARISING FROM STATUTE, COURSE OF DEALING, COURSE OF
-PERFORMANCE OR USAGE OF TRADE. ALTERA DOES NOT WARRANT THAT THE
-FUNCTIONS IN THE LICENSED SOFTWARE WILL MEET LICENSEE'S REQUIREMENTS
-OR THAT THE OPERATION OF THE LICENSED SOFTWARE WILL BE UNINTERRUPTED
-OR ERROR-FREE, AND DOES NOT MAKE ANY REPRESENTATIONS REGARDING THE USE
-OF THE LICENSED SOFTWARE FOR ACCURACY, RELIABILITY, OR OTHERWISE.
-ALTERA EXPRESSLY DISCLAIMS ALL WARRANTIES NOT EXPRESSLY STATED IN THIS
-AGREEMENT. EXCEPT AND TO THE EXTENT OTHERWISE PROVIDED UNDER THIS
-AGREEMENT, LICENSEE ASSUMES THE ENTIRE RISK AS TO THE QUALITY AND
-PERFORMANCE OF THE LICENSED SOFTWARE AND ANY DESIGN OR PRODUCT IN
-WHICH THE LICENSED SOFTWARE MAY BE USED, INCLUDING, WITHOUT
-LIMITATION, ANY LICENSED PRODUCTS. No representation or other
-affirmation of fact, including but limited to statements regarding
-capacity, suitability for use or performance of the Licensed Software,
-whether made by Altera employees or otherwise, shall be deemed to be a
-warranty for any purpose or give rise to any liability of Altera
-whatsoever. Some jurisdictions do not allow the exclusion of implied
-warranties, so the above exclusions may not apply to You or Licensee,
-but shall be interpreted to apply to the maximum extent permissible
-under applicable law.
-
-6. Third Party Licensors. The Licensed Software may contain or
-include Third Party Materials licensed or provided to Altera by third
-parties (the "Third Party Licensors") which may be subject to
-additional terms and conditions or restrictions imposed by such Third
-Party Licensors in a separate license agreement (the "Third Party
-Licenses"). Such Third Party Licenses will be identified in a
-separate file, header, or release notes, and the Third Party Licenses
-document describing each such Third Party Licenses associated with
-every Altera product. A hyperlink to an Altera database containing
-the text of all Third Party Licenses may be accessed by clicking on
-the applicable line in the Third Party Licenses document. With
-respect to the Third Party Materials that are not governed by a
-separate Third Party License, the Third Party Licensors of such Third
-Party Materials are intended third party beneficiaries of the terms of
-this Agreement.
-
-7. Term and Termination.
-
- 7.1. Term. This Agreement will commence when you download
-and install the Licensed Software, and will remain in effect unless
-terminated by either party, or terminated in accordance with its
-terms, whichever occurs first.
-
- 7.2. Termination. If the Licensed Software is licensed for
-evaluation purposes as described in Section 2.3, then this Agreement
-and the rights granted hereunder will automatically terminate in
-accordance with Section 2.2 above, or upon notice by Altera.
-Additionally, Altera may terminate this Agreement in accordance with
-its terms. Licensee may terminate it at any time by uninstalling and
-irrevocably destroying the Licensed Software, including all
-modifications, copies, and all portions of the foregoing, and
-certifying to such destruction in a writing signed by an officer of
-Licensee. Altera may terminate the license immediately if You or
-Licensee fail to comply with any material term or condition of this
-Agreement, including but not limited to Licensee's breach of the
-license rights granted in this Agreement, breach of Licensee's or Your
-obligation of confidentiality, or if Licensee: (a) ceases to do
-business or terminates its business operations; or (b) becomes
-insolvent or seeks protection under any bankruptcy or liquidation or
-similar proceedings.
-
- 7.3. Effect of Termination. Upon termination of this
-Agreement for any reason, the licenses and any rights granted under
-this Agreement shall terminate, and Licensee agrees to irrevocably
-destroy, and shall cause any Licensee employees and Authorized
-Contractors to irrevocably destroy, the Licensed Software and all
-portions thereof in Your and Licensee's possession or under Your or
-its control (including any portions thereof merged into a design or
-Licensed Product not already distributed), and certify the same to
-Altera in writing. You shall not continue to use the Licensed
-Software or any portion thereof in development after termination of
-the Agreement, but You may keep a single copy of the Licensed Software
-solely for archival purposes, or to provide support to end users or
-customers.
-
-8. Maintenance and Support.
-
- 8.1. Unless Licensee has licensed the Licensed Software
-through the OpenCore Plus Evaluation Feature, Altera will provide
-support and maintenance for the Licensed Software until the date
-listed in the license file for a particular MegaCore Function "in the
-format YYYY.MM" (the "Maintenance Expiration Date"). After
-expiration of the Warranty Period, upon payment of the applicable
-support fee Altera or its Authorized Distributor, as the case may be,
-shall: (i) be obligated to provide Support for the Licensed Software
-(including bug fixes, error corrections and any other updates made
-generally available by Altera to licensees that purchase support and
-maintenance) for a period of 12 months from the date of the license
-purchase or renewal, or the date of the license activation, whichever
-is later; and (ii) use commercially reasonable efforts to provide to
-You fixes to defects in the Licensed Software that cause the Licensed
-Software not to conform in all material respects with the
-Specifications that are diagnosed as non-conformances, and are capable
-of replication by Altera; (iii) provide to You fixes and other updates
-to the Licensed Software that Altera, in its sole discretion, chooses
-to make generally available to its licensees without a separate
-charge; and (iv) respond by telephone or email to Your inquiries for
-support.
-
- 8.2. Exclusions. Altera is not and shall not be obligated
-to provide any maintenance or support for Licensed Software obtained
-through the OpenCore Plus Evaluation Feature. Except as described in
-Section 8.1 above, Altera will not have any obligation to provide any
-maintenance, support, or training, or to provide any error
-corrections, updates, upgrades, new versions, other modifications, or
-enhancements to the Licensed Software, the Altera Devices, or any
-Licensed Products. Licensee will be responsible, at its own expense,
-for providing technical support and training to any Licensee customers
-and any other end users of the Licensed Software or Licensed Products,
-and Altera will have no obligation to support any of the foregoing.
-Licensee will be solely responsible for, and Altera shall have no
-obligation to honor, any warranties that Licensee may provide to
-Licensee customers or to any other end users of the Licensed Products.
-
-9. Indemnification.
-
- 9.1. Subject to the provisions of this Agreement, and
-provided Licensee has not acquired the Licensed Software through the
-OpenCore Plus Evaluation License (in which case Altera is not
-obligated to provide any defense or indemnification), Altera will
-defend Licensee from and to the extent based on a claim by a third
-party that the Licensed Software, in the form delivered by Altera or
-its Authorized Distributor and used by Licensee and You in accordance
-with this Agreement, infringes a third party's United States or
-European Union copyright, trade secret or trademark, and will pay any
-damages finally awarded as a result of the claim or amount agreed to
-by Altera as part of a settlement, provided that: (i) Licensee
-notifies Altera promptly in writing of any such claim, and (ii)
-reasonably cooperates, at Altera's expense, in the defense or
-settlement of such claim. Altera shall have sole authority to control
-the defense and all related settlement negotiations, but Licensee
-shall have the right to be represented by its own attorney, at its
-sole expense. The foregoing indemnity does not extend to claims
-resulting from: (a) any modifications of the Licensed Software by a
-party other than Altera and its Authorized Distributors; (b) use of
-the Licensed Software outside the scope of the licenses granted under
-this Agreement; (c) the combination or use of the Licensed Software
-with other products, software components or systems, to the extent
-that the claim of infringement results from such combination or use;
-(d) the use of other than the most recent version of the Licensed
-Software, if the infringement claim would have been avoided by use of
-the most recent version of Licensed Software; (e) any requirements
-specified by Licensee; (f) any unauthorized use of the Licensed
-Software, to the extent Altera has indicated in the Specifications
-that third-party licenses may be required to use such Licensed
-Software; or (g) any third party products, software, components,
-systems, or materials.
-
- 9.2. Remedies. If, in Altera's judgment, the Use and/or
-licensing of the Licensed Software is likely to be enjoined by a
-court, Altera shall, at its option and expense (but subject to the
-terms and conditions of this Agreement) either: (i) procure the right
-to allow Licensee the continued rights to use the Licensed Software;
-or (ii) replace or modify the Licensed Software so that it becomes
-non-infringing, provided that the replacement or modified version
-substantially meets the Specifications applicable to the original
-Licensed Software. If Altera is unable, after exercising reasonable
-commercial efforts, to obtain such license or provide such replacement
-or modification, Altera may in its sole discretion terminate this
-Agreement, in which case You and Licensee agree to irrevocably destroy
-the Licensed Software, including all copies and portions thereof in
-any form (including any portions thereof merged into a design or a
-product that has not been distributed), and certify the same in
-writing to Altera. Altera will refund the license fee paid during the
-previous one (1) calendar year for such Licensed Software. Upon
-performance by Altera of the remedies above, the liability of Altera
-for such alleged infringement shall terminate with respect to all
-damages arising from or relating to such alleged infringement after
-the date of Altera's performance. Sections 9.1 and 9.2 of the
-Agreement state Altera's entire liability, and Your and Licensee's
-sole and exclusive remedies, with regards to infringement claims.
-
-10. Limitation of Liability.
-
- 10.1. OpenCore Plus Evaluation License Limitation of
-Liability. YOU UNDERSTAND AND AGREE THAT THE LICENSED SOFTWARE MAY BE
-FUNCTION-, TIME-, OR CLOCK CYCLE LIMITED, AND THEREFORE YOU AND
-LICENSEE ACKNOWLEDGE AND AGREE THAT IN NO EVENT WILL ALTERA BE HELD
-LIABLE FOR ANY DAMAGES, LOSSES, COSTS, LIABILITIES OR EXPENSES TO YOU
-OR TO ANY THIRD PARTY ARISING FROM OR RELATING TO THE AUTOMATIC
-DISABLING OF ANY LICENSED SOFTWARE FUNCTIONS OBTAINED THROUGH THE
-OPENCORE PLUS EVALUATION LICENSE.
-
- 10.2. No Indirect Damages. TO THE MAXIMUM EXTENT PERMITTED BY
-APPLICABLE LAW, UNDER NO CIRCUMSTANCES WILL ALTERA, ITS LICENSORS OR
-AUTHORIZED DISTRIBUTORS BE LIABLE TO YOU, TO LICENSEE, OR TO ANY THIRD
-PARTY FOR ANY INDIRECT, CONSEQUENTIAL, INCIDENTAL, PUNITIVE, OR
-SPECIAL DAMAGES OF ANY KIND OR NATURE INCLUDING BUT NOT LIMITED TO
-LOSS OF PROFITS, LOSS OR INACCURACY OF DATA, LOSS OF USE, COSTS OF
-PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES IN CONNECTION WITH THE
-SUBJECT MATTER OF THIS AGREEMENT OR USE OF THE LICENSED SOFTWARE, IN
-WHOLE OR IN PART, UNDER ANY THEORY OF LIABILITY, EVEN IF SUCH LOSSES
-WERE REASONABLY FORESEEABLE OR ALTERA HAS BEEN ADVISED OF THE
-POSSIBILITY OF OCCURRENCE OF SUCH DAMAGES.
-
- 10.3. Damages Cap. IN NO EVENT SHALL ALTERA'S TOTAL AGGREGATE
-LIABILITY UNDER THIS AGREEMENT EXCEED THE LICENSE FEE ACTUALLY PAID
-BY LICENSEE TO ALTERA FOR THE SPECIFIC LICENSE GIVING RISE TO THE
-CLAIM FOR THE PRECEDING ONE (1) YEAR PERIOD.
-
- 10.4. Failure of Essential Purpose. WITHOUT LIMITING THE
-FOREGOING, IT IS EXPRESSLY UNDERSTOOD AND AGREED BY THE PARTIES HERETO
-THAT EACH AND EVERY PROVISION OF THIS AGREEMENT WHICH PROVIDES FOR A
-LIMITATION OF LIABILITY, DISCLAIMER OF WARRANTY OR EXCLUSION OF
-DAMAGES IS INTENDED BY THE PARTIES TO BE SEVERABLE AND INDEPENDENT OF
-ANY OTHER SUCH PROVISION. FURTHER, IN THE EVENT THAT ANY REMEDY
-HEREUNDER IS DETERMINED TO HAVE FAILED OF ITS ESSENTIAL PURPOSE, ALL
-LIMITATIONS OF LIABILITY AND EXCLUSIONS OF DAMAGES SHALL REMAIN IN
-EFFECT, TO THE MAXIMUM EFFECT PERMITTED BY APPLICABLE LAW.
-
- 10.5. Hazardous Applications and Uses. THE LICENSED SOFTWARE
-IS NOT INTENDED OR DESIGNED TO BE FAIL-SAFE FOR USE IN ANY APPLICATION
-REQUIRING FAIL-SAFE PERFORMANCE, SUCH AS LIFE SUPPORT, SAFETY OR
-MEDICAL DEVICE SYSTEMS, NUCLEAR FACILITIES, OR ANY OTHER APPLICATIONS
-THAT COULD LEAD TO DEATH, PERSONAL INJURY, OR SEVERE PROPERTY OR
-ENVIRONMENTAL DAMAGE (COLLECTIVELY, "HAZARDOUS APPLICATIONS"). THE
-LICENSED SOFTWARE IS ALSO NOT DESIGNED OR INTENDED FOR USE WITH ANY
-APPLICATIONS THAT CONTROL VEHICLES OR AIRCRAFT. LICENSEE AGREES THAT
-PRIOR TO USING OR DISTRIBUTING ANY SYSTEMS DEVELOPED BY USE OF THE
-LICENSED SOFTWARE OR THAT INCORPORATE A PORTION OF THE LICENSED
-SOFTWARE, TO THOROUGHLY TEST SUCH SYSTEMS FOR SAFETY PURPOSES. TO THE
-MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, LICENSEE ASSUMES ALL RISK
-AND LIABILITY FOR ANY HAZARDOUS APPLICATIONS AND USES IN APPLICATONS
-THAT CONTROL VEHICLES OR AIRCRAFT.
-
- 10.6 Altera is willing to enter into this Agreement only in
-consideration of and in reliance of the terms and conditions contained
-herein limiting Altera's exposure to liability. Such provisions
-constitute an essential part of the bargain underlying this Agreement
-and have been reflected in the consideration hereto. The parties
-understand and agree that the exclusion of warranties, limitation of
-liability, and the limitation of remedies allocate risks between the
-parties as authorized under applicable law.
-
- 10.7. NOTWITHSTANDING THE FOREGOING, THE LIMITATIONS OF
-LIABILITY IN THIS SECTION 10 WILL NOT APPLY WITH RESPECT TO DEATH,
-SERIOUS BODILY INJURY, OR DAMAGE TO PERSONAL PROPERTY RESULTING FROM A
-PARTY'S GROSS NEGLIGENCE OR INTENTIONAL MISCONDUCT.
-
-11. General Terms and Conditions.
-
- 11.1. General Terms. This Agreement is entered into for the
-benefit of Altera, its licensors, and Authorized Distributors, and all
-rights granted to Licensee, its Users, and Authorized Contractors, and
-obligations owed to Altera and the Authorized Distributors, shall be
-enforceable by Altera, its licensors and the Authorized Distributors.
-No modification of this Agreement will be binding unless in writing
-and signed by authorized representatives of each party. If any of
-the provisions of this Agreement are in violation of applicable law,
-void, or unenforceable, then such provisions shall be deemed to be
-deleted from the Agreement, but the remaining provisions shall remain
-in full force and effect. If You have any questions concerning this
-Agreement, including questions relating to software maintenance or
-warranty service, please contact Altera Corporation, 101 Innovation
-Drive, San Jose, CA 95134.
-
- 11.2. By downloading, installing, copying or using the
-Licensed Software, or by paying a license or other applicable fee, You
-acknowledge that You have read this Agreement, understand it, and
-agree to be bound by its terms and conditions. You further agree
-that the Agreement is the complete and entire agreement between You
-and Altera with respect to the subject matter hereof. No statements,
-promises or representations have been made by one party to the other,
-or are relied upon by either party when entering into this Agreement.
-All prior and contemporaneous discussions and negotiations, whether
-verbal or written, are merged into and superseded by the Agreement.
-No entity or person not a party hereto shall have any interest under
-this Agreement, or be deemed to be a third party beneficiary thereof.
-
- 11.3. Audit Rights. Licensee agrees to keep complete and
-accurate books and records which confirm its compliance with the terms
-and conditions of this Agreement. Altera shall have a right to audit
-Licensee's facilities and records, provided that such audit: (a) shall
-be conducted at reasonable times, upon reasonable prior written
-notice; (b) shall not unreasonably interfere with Licensee's normal
-business operations. This Section 11.3 shall survive for three (3)
-years after expiration or termination of this Agreement.
-
- 11.4. No Assignment. The license and rights granted to
-Licensee hereunder are personal in nature. Licensee may not
-sublicense, delegate, assign, or otherwise transfer this Agreement or
-any of the rights or obligations contained therein. Any attempt to do
-so will be void and shall have no force and effect, and shall
-immediately terminate all licenses and rights granted under this
-Agreement. Without limiting the foregoing, in the event of a merger,
-reorganization, or change in control of fifty percent (50%) or more of
-Licensee's equity or voting interest ("Change of Control") no transfer
-or assignment (including but not limited to by operation of law) of
-this Agreement may be made without Altera's prior written consent,
-which may be withheld at Altera's sole discretion.
-
- 11.5. Export Control. The Licensed Software, technical data,
-any products developed with or utilizing the Licensed Software,
-Confidential Information, or any modifications or portions thereto
-(collectively, the "Exported Software") is subject to U.S. and may be
-subject to non-U.S. export control laws and regulations. Licensee may
-not export, re-export, transfer or otherwise distribute the Exported
-Software, in violation of the export control laws and regulations of
-U.S. or non-U.S. laws and regulations, as may be amended from time to
-time. It is Licensee's responsibility, at its sole expense, to
-obtain all approvals, licenses and consents required from any
-government entity prior to any export or re-export of the Exported
-Software for any reason.
-
- 11.6. Governing Law/Venue. This Agreement will be governed
-by the laws of the State of California, United States of America,
-without reference to its choice of laws provisions. Licensee agrees
-to submit to the exclusive jurisdiction of the state and federal
-courts in the County of Santa Clara, State of California for the
-resolution of any dispute or claim arising out of or relating to this
-Agreement. The prevailing party in any legal action, settlement or
-arbitration arising out of this Agreement shall be entitled to
-reimbursement for its expenses, including court costs and reasonable
-attorneys' fees, in addition to any other rights and remedies such
-party may have.
-
- 11.7. U.S. Government Restricted Rights. Licensee
-acknowledges and agrees that all software and software-related items
-licensed by Altera pursuant to this Agreement are "Commercial Computer
-Software" or "Commercial Computer Software Documentation" as defined
-in FAR 12.212 for civilian agencies and DFARS 227-7202 for military
-agencies (as amended) and in the event Licensee is permitted under
-this Agreement to provide such items to the U.S. government, such
-items shall be provided under terms that are at least as restrictive
-as the provisions of this Agreement. The Contractor/manufacturer is
-Altera Corporation, 101 Innovation Drive, San Jose, CA 95134.
-
- 11.8. Survival. If the Agreement terminates for any reason,
-all definitions in this Agreement and the rights, obligations, and
-restrictions under Sections 1 (Definitions); 2.3 (Reservation of
-Rights) 2.6 (Intellectual Property Rights Notices); 2.9 (No Other
-Licenses or Grant of Intellectual Property Rights); 3 (Ownership and
-Future Development); 4 (Confidential Information); 5.3 (Disclaimer of
-Warranties); 6 (Third Party Licensors); 7.3 (Effect of Termination); 9
-(Indemnification); 10 (Limitation of Liability); and 11 (General Terms
-and Conditions) shall survive termination of the Agreement.
-
-[END OF MEGACORE FUNCTION V. 15.1 LICENSE TERMS AND
-CONDITIONS]
-
-
-
-===================================================================
-
-THIRD-PARTY LICENSES
-
-NOTE: The following third-party licenses and notices represent each
-third-party contributor's use requirements for Your usage of any third-
-party software incorporated into or provided in conjunction with the
-Altera product(s) licensed under the Altera Software License Agreement
-("Agreement"). The provisions contained in each such license apply
-only to the respective Third-Party Components (as such term is defined
-in the Agreement) and not to any Altera products licensed to You.
-
-Quartus Prime THIRD-PARTY LICENSES
-------------------------------------------------------------------
-1. Liberation Fonts 2.00.1 (SIL Open Font License, Version 1.1)
-2. Alphanum 1.0 (libpng/zlib License)
-3. AngularJS 1.0.8 (MIT License)
-4. AngularJS 1.2.0 (MIT License)
-5. Apache Xerces C++ 2.6 (Apache v. 2.0 license)
-6. autopep8 0.9.7 (MIT License)
-7. Base64 decoder 1.0 (Zlib License)
-8. boost 1.53.0 (MIT-style License)
-9. Bootstrap components for AngularJS 0.10.0 (MIT License)
-10. Bootstrap components for AngularJS 0.6.0 (MIT License)
-11. Bottle 0.12.7 (MIT License)
-12. buddy 2.2 (BSD-style License)
-13. bwidget 1.4.1 (BSD-style License)
-14. Cajun 2.0.1 (3 Clause BSD License)
-15. CherryPy 3.5.0 (3 Clause BSD License)
-16. Cygwin 1.7.32 (GPL v. 3.0)
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-18. D3.js: Data-Driven Documents 3.0.0 (3 Clause BSD Licens)
-19. Django 1.6 (3 Clause BSD License)
-20. Editline Library (libedit) 0:42:0 (NetBSD License)
-21. Eigen3 3.2.1 (Mozilla Public License Version 2.0)
-22. Flake8 2.1.0 (MIT License)
-23. GD 2.0.34 (BSD-style License)
-24. Google Mock and Google Test 1.7 (BSD 3 Clause License)
-25. gzip 1.3.12 (GPL v. 2.0 License)
-26. HTTP-Parser 2.1 (MIT License)
-27. IBM.ICU 4.4.2 (IBM ICU License and additional Third Party terms)
-28. ICU 3.4 (IBM License and additional third party terms)
-29. INCR TCL 4.0 (BSD-Style License)
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-31. jdbc sqlite 20120209 (Apache v. 2.0 license)
-32. jpeg 6b (Indedendent JPEG Group License)
-33. jQuery 1.9.1 (MIT License)
-34. jQuery UI 1.10.2 (MIT License)
-35. jQuery UI Layout Plug-in 1.3.0.rc30.79 (MIT License, GPL v.3 License)
-36. JRE Java SE 6 (Oracle Binary Code License)
-37. LIBCURL 7.36.0 (MIT/X Derivative License)
-38. Libelf 0.8.10 (LGPL v. 2.1 License)
-39. Liberty Parser 2.6 (SYNOPSYS Open Source License Version 1.0)
-40. libpng 1.2.18 (Libpng License)
-41. lpsolve 5.5.0.10 (LGPL v 2.1 License)
-42. make 3.81 (GPL v. 2.0 License)
-43. McCabe 0.2.1 (MIT License)
-44. metis 4.0.1 (GPL v. 2.0 License)
-45. MINISAT 2 2.2.0 (MIT License)
-46. mongoose 3.8 (MIT License)
-47. Normalize.css 2.1.3 (MIT License)
-48. OpenSSL 1.0.1h (BSD-style License)
-49. OpenSSL 1.0.1m (BSD-style License)
-50. Peewee 2.1.6 (MIT License)
-51. pep8 1.4.6 (MIT License)
-52. Perl 5.8.8 (GPL v. 1.0 or the Artistic License)
-53. PicNet Table Filter (MIT License)
-54. Protobuf 2.5.0 (BSD 3 Clause License)
-55. psutil 1.2.1 (3 Clause BSD License)
-56. pyflakes 3.2.2 (MIT License)
-57. Python 3.3.0 (PSF License for Python 3.3.0)
-58. pyzeromq 14.0.0 (Modified BSD License)
-59. Requests 2.3.0 (Apache v. 2.0 license)
-60. setuptools 2.0 (PSF or ZPL License)
-61. superlu 2.2.0 (BSD 3 Clause License)
-62. systemc 2.1 (SystemC Open Source License v. 3.3)
-63. Tablelist 5.5 (MIT style license)
-64. TableSorter 2.7.3 (MIT License, GPL v. 3.0 Licenses)
-65. tbb 4.2.2 (GPL v.2.0 License)
-66. TCL-TK 8.6 (BSD-style License)
-67. tcldom 3.0 (BSD Style License)
-68. tcllib 1.11 (BSD 4 Clause License)
-69. tclsoap 1.6.7 (MIT License)
-70. tclxml 3.2 (BSD style License)
-71. TinyXml 2.6.2 (zlib License)
-72. tktable 2.10 (Tcl/Tk license)
-73. TLS 1.6 (BSD License)
-74. Tufao 0.8 (LGPL v. 2.1 License (library) (documentation and examples under MIT License))
-75. Twitter Bootstrap 2.3.1 (Apache v. 2.0 License)
-76. Twitter Bootstrap 2.3.2 (Apache v. 2.0 License)
-77. Twitter Bootstrap version 3.0.3 (Apache v. 2.0 License)
-78. Underscore.js 1.4.4 (MIT License)
-79. unzip 6.00 (BSD Style Info-Zip License)
-80. xmlgen 1.4 (Apache v. 2.0 license)
-81. ZeroMQ 4.0.3 (LGPL v. 3 License)
-82. ZLIB 1.2.3 (Zlib License)
-
-MegaCore (IP) THIRD-PARTY LICENSES
-------------------------------------------------------------------
-1. antlr 2.7.2 (BSD 4 Clause License)
-2. appframework 1.03 (LGPL v. 2.1 License)
-3. asm 3.1 (BSD 3 Clause License)
-4. avi2raw 1.1 (Mozilla Public License v. 1.1)
-5. beansbinding 1.2.1 (LGPL v. 2.1 License)
-6. JGoodies Binding 2.0.6 (BSD 3 Clause License)
-7. binutils 2.24 (GPL v. 2 License)
-8. boost 1.38.0 (MIT-style License)
-9. castor 1.0.3 (Apache v. 2.0 and Intalio BSD-style Licenses)
-10. castor 1.2 (Apache v. 2.0 and Intalio BSD-style Licenses)
-11. checker-framework 1.8.7 (GPL v. 2 License)
-12. checkstyle 4.2 (LGPL v. 2.1 License)
-13. cli 1.1 (Apache v. 2.0 License)
-14. cobertura 1.8 (GPL v. 2 License)
-15. commons-beanutils 1.6 (Apache v. 1.1 License)
-16. commons-collection 3 (Apache v. 2.0 License)
-17. commons-digester 1.5 (Apache v. 1.1 License)
-18. commons-lang 3.1 (Apache v. 2.0 License)
-19. commons-logging 1.1 (Apache v. 2.0 License)
-20. commons-logging 1.2 (Apache v. 2.0 License)
-21. commons-pool 1.2 (Apache v. 2.0 License)
-22. DockingFrames 1.1.2p12c (LGPL v. 2.1 License)
-23. eclipse-cpp-kepler-SR2 4.3.2 (Eclipse Public License v 1.0)
-24. expat 2.0.1 (MIT License)
-25. expat 2.1.0 (MIT License)
-26. explicitlayout 3.0 (LGPL v. 2.1 License)
-27. forms_rt 6.0 (Apache v. 2.0 License)
-28. gcc 4.9 (GNU Free Documentation v. 1.2 GPL License)
-29. gdb 7.7 (GPL v. 2 License)
-30. gmp 5.0.5 (LGPL v. 3 License)
-31. gnu 1.2.5 (GPL v. 2 License)
-32. guava-libraries 15.0 (Apache v. 2.0 License)
-33. hamcrest 1.3 (BSD 3 Clause License)
-34. jacl 1.3.2a (Jacl Software License)
-35. jacoco 0.6.3 (Eclipse Public License v 1.0)
-36. jaxb-ri 2.2.7 (CDDL v. 1.1; GPL v. 2 Classpath Exception)
-37. jaxb-xew-plugin 1.4 (LGPL v. 3 License)
-38. jaxb2-basics-annotate 1.0.1 (BSD 2 Clause License)
-39. jaxb2-basics-tools 0.9.0 (BSD 3 Clause License)
-40. jaxen 1.1.1 (BSD 3 Clause License)
-41. jaxen 1.1.6 (BSD 3 Clause License)
-42. jaxen 1.3 (BSD 4 Clause License)
-43. jcommon 1.0.16 (LGPL v. 3 License)
-44. JDOM 1 (BSD-style License)
-45. JFreeChart 1.0.13 (LGPL v. 3 License)
-46. JGraphX 2.2.0.2 (BSD 3 Clause License)
-47. jline 2.12 (BSD 3 Clause License)
-48. jsap 2.0a (LGPL v. 2.1 License)
-49. jsr173 1.0 (Apache v. 2.0 License)
-50. junit 3.8.1 (Common Public License v. 1.0)
-51. junit 4.0 (Common Public License v. 1.0)
-52. junit 4.1 (Common Public License v. 1.0)
-53. l2fprod 7.3 (Apache v. 2.0 License)
-54. libstdc v3 (GPL v. 3 License)
-55. looks 2.0.1 (BSD 2 Clause License)
-56. make 3.81 (GPL v. 2 License)
-57. miglayout15 3.0.3 (BSD 2 Clause License)
-58. mpc 1.0.1 (LGPL v. 3 License)
-59. mpfr 3.1.0 (LGPL v. 3 License)
-60. mpfr 3.1.1 (LGPL v. 3 License)
-61. mpir 2.2.1 (LGPL v. 3 License)
-62. mydoggy 1.4.2 (LGPL v. 3 License)
-63. netbeans-swing-outline 6.9 (LGPL v. 2.1, GPL v. 2.0, and CDDL v. 1 Licenses plus Classpath Exception)
-64. newlib 2.1.0 (Red Hat and BSD 3 Clause Licenses)
-65. OpenCL 1.1 (MIT License)
-66. powermock 1.5 (Apache v. 2.0 license)
-67. quickserver 1.4.7 (LGPL v.2.1 License)
-68. stlport 7.1 (Stlport License)
-69. swingworker 3 (MPL v. 1.1 and LGPL v. 2.1 Licenses)
-70. symphony 5.4.5 (Eclipse Public License v. 1.0)
-71. systemc 2.2.0 (SystemC Open Source License v. 3.3)
-72. velocity 1.4 (Apache v. 2.0 License)
-73. wraplf 0.2 (Apache v. 2.0 License)
-74. xalan 1.2.2 (Apache v. 2.0 License)
-75. xerces 2.3.0 (Apache v. 1.1 License)
-76. xmlbeans 2.2.0 (Apache v. 2.0 License)