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diff --git a/licenses/SOPLA-2.3 b/licenses/SOPLA-2.3 new file mode 100644 index 000000000..cbd494155 --- /dev/null +++ b/licenses/SOPLA-2.3 @@ -0,0 +1,517 @@ + SYSTEMC OPEN SOURCE LICENSE + (SOFTWARE DOWNLOAD AND USE LICENSE AGREEMENT VERSION 2.3) + +PLEASE READ THIS LICENSE AGREEMENT CAREFULLY BEFORE CLICKING ON +THE "ACCEPT" BUTTON, AS BY CLICKING ON THE "ACCEPT" BUTTON YOU +ACKNOWLEDGE THAT YOU HAVE READ, UNDERSTOOD AND AGREE TO BE +BOUND BY THIS LICENSE AGREEMENT AND ALL OF ITS TERMS AND +CONDITIONS. + +OPEN SYSTEMC INITIATIVE + +The purpose of the following license agreement (the "Agreement") is to encourage +interoperability and distributed development of a C++ modeling language known as +"SystemC" for system simulation and design (the "Purpose"). The SystemC software +licensed hereunder is licensed, without fee of any kind, for use pursuant to the terms +and conditions set forth in this Agreement. + +LICENSE AGREEMENT + +THE CONTRIBUTORS ARE WILLING TO LICENSE THE PROGRAM TO YOU ONLY +ON THE CONDITION THAT YOU ACCEPT ALL OF THE TERMS OF THIS LICENSE +AGREEMENT. IF YOU DO NOT AGREE TO ALL OF THE TERMS OF THIS LICENSE +AGREEMENT, NO RIGHTS ARE GRANTED TO YOU HEREUNDER TO USE THE +PROGRAM. ANY USE, REPRODUCTION OR DISTRIBUTION OF THE PROGRAM +CONSTITUTES YOUR ACCEPTANCE OF THIS AGREEMENT. + +1. DEFINITIONS. + + 1.1 "Agreement" means this document. + + 1.2 "Contribution" means: (a) the Original Program; and (b) all Modifications + that Recipient deposits or contributes in accordance with Section 3 in furtherance + of the Purpose of this Agreement but does not include any software that has + been previously so deposited or contributed. + + 1.3 “Contribution Questionnaire” means the questionnaire attached hereto as + Exhibit C. + + 1.4 "Contributor" means any Recipient, including Synopsys, Inc. ("Synopsys”), + that makes a Contribution pursuant to Section 3. Any Recipient depositing, as + part or all of a Contribution, code which has previously been so deposited by + another Recipient is not the Contributor of such re-deposited code for the + purposes of this Agreement. A list of the Contributors is attached hereto as + Exhibit A. + + 1.5 "Contributor's Necessary Patent Claim" means a claim in any patent now + or hereafter owned or licensable by Contributor that is directly infringed solely by + the portion of an executing computer program translated, compiled or interpreted + from and corresponding directly and solely to the Contribution disclosed by + Contributor hereunder and the SystemC Kernel Code, except that Contributor's + Necessary Patent Claim shall not include any claim directed towards a data + structure, method, algorithm, process, technique, circuit representation, or circuit + implementation that is not completely and entirely described in the combination + of such Contribution and the SystemC Kernel Code. + + 1.6 "Copyright/Trade Secret Rights" means worldwide statutory and common + law rights associated solely with (i) works of authorship including copyrights, + copyright applications, copyright registrations and "moral rights", and (ii) the + protection of trade and industrial secrets and confidential information. Patents are + not included in Copyright/Trade Secret Rights. + + 1.7 "Distribute" means making a Distribution. + + 1.8 "Distribution" means any distribution, sublicensing or other transfer of the + Program (with or without Modifications) to any third party. + + 1.9 "Executable" means Original Program (with or without Modifications) + compiled into object code form along with only those header files from such + Original Program that are strictly necessary to make use of the object code. + + 1.10 “Marks” means, collectively, the registered and unregistered marks and + logos that OSCI has licensed or otherwise authorized Recipient to use. All marks + and logos are listed on Exhibit D, which list may be amended from time to time + by OSCI to add or delete any marks or logos. + + 1.11 "Modification" means: (a) any software code which comprises change(s) + to the Program including additions and/or deletions; (b) any specifications for the + Program; and (c) any reference implementation of the Program. + + 1.12 "Original Program" means the SystemC 1.1 version of the software + accompanying this Agreement as released by Synopsys. + + 1.13 “OSCI” means Open SystemC Initiative, a California nonprofit mutual + benefit corporation. + + 1.14 "Program" means the Original Program and each other Contribution and + any combination thereof. + + 1.15 "Recipient" means anyone who receives the Program under this + Agreement, including all Contributors. + + 1.16 For legal entities, "Recipient" includes any entity that controls, is controlled + by, or is under common control with Recipient. For purposes of this definition, + "control" means (a) the power, direct or indirect, to cause the direction or + management of such entity, whether by contract or otherwise, or (b) ownership of + fifty percent (50%) or more of the outstanding shares or beneficial ownership of + such entity. + + 1.17 "Source Code" means human readable text in an electronic form suitable + for modification that describe the functions and data structures, including C, C++, + and other language modules, plus any associated interface definition files, scripts + used to control compilation and installation of an Executable, or a list of source + code differential comparisons against the Original Program. + + 1.18 "SystemC Kernel Code" means the set of compilable source and header + files included in the Original Program that are necessary to build the target + SystemC library object module, but does not include operating system header + files, operating system library elements, documentation, example code, sample + code fragments, or other ancillary information. + +2. GRANT OF RIGHTS + + 2.1 Subject to the terms of this Agreement, each Contributor hereby grants + Recipient a non-exclusive, worldwide, royalty-free license under Contributor's + Copyright/Trade Secrets to do the following: + + (a) use, reproduce, prepare derivative works of, publicly display, + publicly perform and Distribute in source code and object code form the + Contribution of such Contributor and any such derivative works, subject to + the terms and conditions of this Agreement including Section 4; and + + (b) use the know-how, information and knowledge embedded in the + Contribution, without any obligation to keep the foregoing confidential so + long as Recipient does not otherwise violate this Agreement. + + 2.2 Contributor grants to each Recipient, a world-wide, royalty-free, non- + exclusive license under Contributor's Necessary Patent Claims to make, use, + sell, offer for sale, or import the such Contributor's Contribution and the Program + only to the minimum extent necessary to exercise the rights granted in Section + 2.1(a). + + 2.3 Each Contributor represents that to its knowledge it has sufficient rights in + its Contribution, if any, to grant the licenses set forth in Sections 2.1 and 2.2. + + 2.4 Except as expressly stated in Sections 2.1 and 2.2, Recipient receives no + rights or licenses to the intellectual property of any Contributor under this + Agreement, whether expressly, by implication, estoppel or otherwise. All rights in + the Program not expressly granted under this Agreement are reserved. + + 2.5 Recipient shall retain its entire right, title, and interest in and to + Contributions disclosed by Recipient hereunder, including all Copyrights/Trade + Secret Rights and patent rights embodied therein, subject to the underlying rights + embodied in the Original Program and further subject to those rights expressly + granted in this Agreement. Recipient agrees that Recipient shall not remove or + alter any proprietary notices contained in the Contributions licensed to Recipient + hereunder and shall reproduce and include such notices on any copies of the + Contributions made by Recipient in any media. + +2.6 License to Marks. + + (a) OSCI shall retain all right, title and interest in and to the Marks + worldwide, subject to the limited license granted to Recipient in this + Section 2.6. OSCI hereby grants Recipient a non-exclusive, royalty-free, + limited license to use the Marks solely in connection with its exercise of + the rights granted pursuant to this Agreement and to indicate that the + products being marketed by Recipient are compatible with, and meet the + standards of, the SystemC modeling language. All uses of the Marks shall + be in accordance with OSCI’s trademark usage policy set forth in Exhibit + D. + + (b) Recipient shall assist OSCI to the extent reasonably necessary to + protect and maintain the Marks worldwide, including, but not limited to, + giving prompt notice to OSCI of any known or potential infringement of the + Marks, and cooperating with OSCI in preparing and executing any + documents necessary to register the Marks, or as may be required by the + laws or rules of any country or jurisdiction. In its sole discretion, OSCI + may commence, prosecute or defend any action or claim concerning the + Marks. OSCI shall have the right to control any such litigation, and + Recipient shall fully cooperate with OSCI in any such litigation. OSCI shall + reimburse Recipient for the reasonable costs associated with providing + such assistance, except to the extent that such costs result from + Recipient’s breach of this Section 2.6. Recipient shall not commence any + action regarding the Marks without OSCI’s prior written consent. + + (c) All goodwill with respect to the Marks shall accrue for the sole + benefit of OSCI. Recipient shall maintain the quality of any products, + associated packaging, collateral and marketing materials on which it uses + any of the Marks in a manner consistent with all terms, conditions and + requirements set forth in this Section 2.6 and at a level that meets or + exceeds Recipient’s overall reputation for quality and that is at least + commensurate with industry standards. + +2.7 RECIPIENT UNDERSTANDS THAT ALTHOUGH EACH CONTRIBUTOR +GRANTS THE LICENSES TO ITS CONTRIBUTIONS SET FORTH HEREIN, NO +ASSURANCES ARE PROVIDED BY ANY CONTRIBUTOR THAT THE +CONTRIBUTION ALONE OR IN COMBINATION WITH THE PROGRAM DOES +NOT INFRINGE THE PATENT OR OTHER INTELLECTUAL PROPERTY +RIGHTS OF ANY OTHER ENTITY. EACH CONTRIBUTOR DISCLAIMS ANY +LIABILITY TO RECIPIENT FOR CLAIMS BROUGHT BY ANY OTHER ENTITY +BASED ON INFRINGEMENT OF INTELLECTUAL PROPERTY RIGHTS OR +OTHERWISE. In addition, as a condition to exercising the rights and licenses +granted hereunder, each Recipient hereby assumes sole responsibility to secure +any other intellectual property rights needed, if any. For example, if a third party +patent license is required to allow Recipient to Distribute the Program, it is +Recipient's responsibility to acquire that license before Distributing the Program. + +3. DESCRIPTION AND DEPOSIT OF CONTRIBUTIONS + + 3.1 To the extent Recipient wishes to become a Contributor by making a + Contribution, such Contributor shall: + + (a) (i) deposit such Contribution in Source Code form at + http://www.systemc.org/ according to the Contribution instructions found at + such site, or (ii) disclose such Contribution at a meeting of any working + group of OSCI; + + (b) (i) describe such Contribution in reasonable detail on Exhibit B + (including the additions or changes such Contributor made to create the + Contribution and the date of any such changes or additions), (ii) + completing a Contribution Questionnaire with respect to such Contribution, + and (iii) delivering both documents to OSCI. All Contributions made after + the date hereof shall be effectuated by Contributor (x) amending Exhibit B + and delivering such amended Exhibit B to OSCI, which amended exhibit + shall automatically replace the existing Exhibit B, (y) competing a + Contribution Questionnaire with respect to such Contribution, and (z) + delivering both documents to OSCI; + + (c) cause such Contribution to contain a file documenting such + Contributor's name and contact information, additions or changes such + Contributor made to create the Contribution, and the date of any such + changes or additions; + + (d) cause such Contribution to include in each file a prominent + statement substantially similar to the following: "The following code is + derived, directly or indirectly, from the SystemC source code Copyright (c) + 1996-{date here} by all Contributors. All Rights reserved. The contents of + this file are subject to the restrictions and limitations set forth in the + SystemC Open Source License Version 2.3 (the "License"). You may not + use this file except in compliance with such restrictions and limitations. + You may obtain instructions on how to receive a copy of the License at + http://www.systemc.org/. Software distributed by Contributors under the + License is distributed exclusively on an "AS IS" basis, WITHOUT + WARRANTY OF ANY KIND, either express or implied. See the License + for the specific language governing rights and limitations under the + License."; and + (e) cause such Contribution to include a text file titled "LEGAL" which + describes any intellectual property rights of which Contributor is aware that + it or any third party may hold in the functionality or code of such + Contribution. + + 3.2 OSCI or the administrators of the http://www.systemc.org/ web site shall + have the right to authorize removal from such site any Contribution at any time. + +4. REQUIREMENTS OF DISTRIBUTION + + 4.1 A Recipient may choose to Distribute the Program in object code form + under its own license agreement, provided that: + + (a) Recipient complies with the terms and conditions of this + Agreement; and + + (b) the terms and conditions of Recipient's license agreement with its + licensees: + + i. effectively disclaim on behalf of all Contributors all + warranties and conditions, express and implied, including + warranties or conditions of title and non-infringement, and implied + warranties or conditions of merchantability and fitness for a + particular purpose; + + ii. effectively exclude on behalf of all Contributors all liability for + damages, including, but not limited to, direct, indirect, special, + incidental and consequential damages, such as lost profits; + + iii. state that any provisions which differ from this Agreement + are offered by that Recipient alone and not by any other party; and + + iv. state that source code for the Program is available from such + Recipient, and inform licensees how to obtain it in a reasonable + manner on or through a medium customarily used for software + exchange. + + 4.2 If a Recipient chooses to Distribute the Program in source code form then: + + (a) the Program must be Distributed under this Agreement; and + + (b) a copy of this Agreement must be included with each copy of the + Program. + + 4.3 Each Recipient must include the following in a conspicuous location in the + Program so Distributed or transferred: + Copyright (c) 1996-{date here}, by all Contributors. All rights + reserved. + + 4.4 In addition, each Recipient that creates and Distributes or otherwise + transfers a Modification whether or not such Modification has been deposited + pursuant to Section 3 must identify the originator of such Modification in a + manner that reasonably allows third parties to identify the originator of the + Modification. + +5. INDEMNIFICATION + +A Recipient who Distributes the Program (a "Distributor") may accept certain +responsibilities with respect to end users, business partners and the like. While this +license is intended to facilitate the commercial use of the Program, a Distributor shall +Distribute the Program in a manner which does not create potential liability for +Contributors. Therefore each Distributor hereby agrees to defend and indemnify every +Contributor ("Indemnified Contributor") against any losses, damages and costs +(collectively "Losses") arising from claims, lawsuits and other legal actions brought by a +third party against the Indemnified Contributor to the extent caused by the acts or +omissions of such Distributor, including but not limited to the terms and conditions under +which Distributor offered the Program, in connection with its Distribution of the Program. +The obligations in this section do not apply to any claims or Losses relating to any +actual or alleged intellectual property infringement of the Program. In order to qualify, +an Indemnified Contributor must: (a) promptly notify the Distributor in writing of such +claim, and (b) allow the Distributor to control, and cooperate with the Distributor in, the +defense and any related settlement negotiations. The Indemnified Contributor may +participate in the defense of any such claim at its own expense. + +For example, a Recipient might include the Program in a commercial product offering, +Product X. That Recipient is then a Distributor. If that Distributor then makes +performance claims, or offers warranties, support, or indemnity or any other license +terms related to Product X, those performance claims, offers and other terms are such +Distributor's responsibility alone. Under this section, the Distributor would have to +defend claims against the Contributors related to those performance claims, offers, and +other terms, and if a court requires any Contributor to pay any damages as a result, the +Distributor must pay those damages. + +6. NO WARRANTY + +EXCEPT AS EXPRESSLY SET FORTH IN THIS AGREEMENT, THE PROGRAM IS +PROVIDED EXCLUSIVELY ON AN "AS IS" BASIS, WITHOUT WARRANTIES OR +CONDITIONS OF ANY KIND, EITHER EXPRESS OR IMPLIED INCLUDING, WITHOUT +LIMITATION, ANY WARRANTIES OR CONDITIONS OF TITLE, NON-INFRINGEMENT, +MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. EACH RECIPIENT IS +SOLELY RESPONSIBLE FOR DETERMINING THE APPROPRIATENESS OF ITS USE AND +DISTRIBUTION OF THE PROGRAM AND ASSUMES ALL RISKS ASSOCIATED WITH ITS +EXERCISE OF RIGHTS UNDER THIS AGREEMENT, INCLUDING BUT NOT LIMITED TO +THE RISKS AND COSTS OF PROGRAM ERRORS, COMPLIANCE WITH APPLICABLE +LAWS, DAMAGE TO OR LOSS OF DATA, PROGRAMS OR EQUIPMENT, AND +UNAVAILABILITY OR INTERRUPTION OF OPERATIONS. THIS DISCLAIMER OR +WARRANTY CONSTITUTES AN ESSENTIAL PART OF THIS AGREEMENT. NO USE OF +THE PROGRAM OR ANY MODIFICATIONS THERETO ARE AUTHORIZED HEREUNDER +EXCEPT UNDER THIS DISCLAIMER. + +7. DISCLAIMER OF LIABILITY + +EXCEPT AS EXPRESSLY SET FORTH IN THIS AGREEMENT, NEITHER RECIPIENT NOR +ANY CONTRIBUTORS SHALL HAVE ANY LIABILITY FOR ANY DIRECT, INDIRECT, +INCIDENTAL, SPECIAL, EXEMPLARY, OR CONSEQUENTIAL DAMAGES (INCLUDING +WITHOUT LIMITATION LOST PROFITS), HOWEVER CAUSED AND ON ANY THEORY OF +LIABILITY, WHETHER IN CONTRACT, STRICT LIABILITY, OR TORT (INCLUDING +NEGLIGENCE OR OTHERWISE) ARISING IN ANY WAY OUT OF THE USE OR +DISTRIBUTION OF THE PROGRAM OR THE EXERCISE OF ANY RIGHTS GRANTED +HEREUNDER, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. + +8. U.S. GOVERNMENT USE + +If Recipient is licensing the Program on behalf of any unit or agency of the United States +Government, then the Program and any related documentation is commercial computer +software, and, pursuant to FAR 12.212 or DFARS 227.7202 and their successors, as +applicable, shall be licensed to the Government under the terms and conditions of this +Agreement. + +9. PATENT CLAIMS + +If Recipient institutes patent litigation against any entity (including a cross-claim, +counterclaim or declaratory judgment claim in a lawsuit) alleging that the Program itself +(excluding combinations of the Program with other software or hardware) infringes such +Recipient's patent(s), then the rights granted to Recipient by each Contributor under +Section 2.2 shall terminate as of the date such litigation is filed. + +10. TERMINATION + +All Recipient's rights under this Agreement shall terminate if Recipient fails to comply +with any of the material terms or conditions of this Agreement and does not cure such +failure in a reasonable period of time after becoming aware of such noncompliance. If +such occurs, Recipient shall cease use and Distribution of the Program based upon the +rights granted to Recipient under this Agreement as soon as reasonably practicable. +However, Recipient's obligations under this Agreement and any licenses granted by +Recipient relating to the Program shall survive such termination. + +11. LICENSE VERSIONS + +OSCI may publish new versions (including revisions) of this Agreement from time to +time. Each new version of the Agreement will be given a distinguishing version number. +The Program may always be Distributed subject to the version of the Agreement under +which it was received. In addition, after a new version of the Agreement is published, +Contributor may elect to Distribute the Program under the new version. No one other +than OSCI, acting by a vote of at least 75% of the members of its Board of Directors, +has the right to modify this Agreement; provided that Exhibit B and Exhibit C may be +amended as specifically set forth in Section 3.1(b), and Exhibit D may be amended as +specifically set forth in Section 1.10. + +12. ELECTRONIC ACCEPTANCE + +This Agreement may be executed either electronically or on paper. By clicking on the +“Accept” button, Recipient warrants that it agrees to all of the terms of this Agreement, +that Recipient is authorized to enter into this Agreement, and that this Agreement is +legally binding upon Recipient. If Recipient does not agree to be bound by this +Agreement, then Recipient shall click the “Decline” button and Recipient shall not +receive any rights from the Contributors nor shall Recipient download any materials, +including the Program. + +13. GENERAL + +This Agreement represents the complete agreement concerning the subject matter +hereof and supersedes all prior agreements or representations, oral or written, +regarding the subject matter hereof. If any provision of this Agreement is invalid or +unenforceable under applicable law, it shall not affect the validity or enforceability of the +remainder of the terms of this Agreement, and without further action by the parties +hereto, such provision shall be reformed to the minimum extent necessary to make such +provision valid and enforceable. + +This Agreement is governed by the laws of California, without reference to conflict of +laws principles. Each party waives its rights to a jury trial in any resulting litigation. Any +litigation relating to this Agreement shall be subject to the jurisdiction of the Federal +Courts of the Northern District of California, with venue lying in Santa Clara County, +California, or the Santa Clara County Superior Court. The application of the United +Nations Convention on Contracts for the International Sale of Goods is expressly +excluded. The provisions of this Agreement shall be construed fairly in accordance with +its terms and no rules of construction for or against either party shall be applied in the +interpreting this Agreement. Recipient shall not use the Program in violation of local +and other applicable laws including, but not limited to, the export control laws of the +United States. + EXHIBIT A + + List of Contributors + + +1. Synopsys, Inc. + +2. Cadence Design Systems, Inc. + +3. CoWare, Inc. + EXHIBIT D + + Trademark Usage Policy + +I. LIST OF MARKS + + 1. Open SystemC + + 2. Open SystemC Initiative + + 3. OSCI, SystemC + + 4. SystemC Graphic Logo + + 5. All logos that incorporate the foregoing word marks + + +II. PROPER USE OF MARKS + +Trademarks and service marks function as adjectives and generally should not be used as +nouns or verbs. Accordingly, as often as possible, the Marks should be used as adjectives +immediately preceding the generic noun that refers to the service in question. For example: + + The SystemC™ software + The SystemC™ LRM + +No Possessives or Plurals. Since they are not nouns, the Marks should never be used in the +possessive or plural forms. For example, it is not appropriate to write “SystemC’s software.” + +No Use as Verbs or as Puns. The Marks should never be used as verbs or as puns. + + +III. PROPER ATTRIBUTION + +Trademark ownership is attributed in two ways, with the use of a symbol (TM, SM, ®) after the mark +and with a legal legend, usually found at the end of a document following the copyright notice. +Following are OSCI’s rules for symbols and legends to attribute the Marks: + +Symbols: + +Which Symbol Do I Use? +The Marks generally function as trademarks rather than servicemarks. Unless you are +specifically directed otherwise, please use the ™ or ® symbol after the Marks. + +Where Do I Place the ® Symbol? +The ™ or ® symbol is placed immediately after the mark, either in superscript or subscript. + +When Do I Use the Symbol? +The ™ or ® symbol is to be used after the Marks in the following instances: + +Most Prominent Uses : A ™ or ® symbol is required after prominent uses of the Marks, e.g., in +the headlines and large print text of web pages, advertisements, other promotional materials +and press releases, except where space limitations or specific style considerations prevent +compliance with this requirement. + +First Use in Text: A ™ or ® symbol is required after the first use of each Mark in text, e.g. +advertising copy or the body of press releases, even though the symbol may have already +appeared in the headline or after another prominent use of the mark in the same document. + +All Logos: The ™ or ® symbol must appear after all logos incorporating the Marks. + + +IV. Legends + +All Marks that appear on a web page or in a press release, advertisement or other written +material (whether in print or electronic form) must be attributed in an appropriate legend. The +legend may be presented in “mouseprint” but must be large enough to be read easily. Legends +generally appear at the end of a document or the bottom of a web page but may be placed +elsewhere, e.g. the inside cover of documentation. + +The OSCI Legend: The following legend should be used in all materials in which any of the +Marks appear: + +[Insert the Marks] are trademarks or registered trademarks of Open SystemC Initiative, Inc. in +the United States and other countries and are used with permission. + + +V. MARKS NEVER COMBINED + +The Marks should never be combined with the marks of any business other than OSCI. The +Marks should always appear visually separate from any other marks appearing in the same +materials such that each mark creates a distinct commercial impression. It would, for instance, +not be appropriate to superimpose the logo of another business over any OSCI logo. + + +VI. LOGOS + +Logos incorporating the Marks can only be used in the format provided to you by OSCI for +incorporation into your materials or web pages. The logos provided to you by OSCI cannot be +modified in any way without OSCI’s prior written approval. Logos copied from OSCI web pages +or other materials may not to be used. Please contact webmaster@systemc.org to obtain +electronic files containing the OSCI logos and to ask any questions regarding the logos. |