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diff --git a/licenses/SOPLA-2.3 b/licenses/SOPLA-2.3 deleted file mode 100644 index cbd494155..000000000 --- a/licenses/SOPLA-2.3 +++ /dev/null @@ -1,517 +0,0 @@ - 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. |