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- SYSTEMC OPEN SOURCE LICENSE
- (SOFTWARE DOWNLOAD AND USE LICENSE AGREEMENT VERSION 3.0)
-
-PLEASE READ THIS LICENSE AGREEMENT CAREFULLY BEFORE CLICKING ON
-THE "ACCEPT" BUTTON, AS BY CLICKING ON THE "ACCEPT" BUTTON YOU
-ACKNOWLEDGE THAT YOU HAVE READ, UNDERSTOOD AND AGREE TO BE
-BOUND BY THIS LICENSE AGREEMENT AND ALL OF ITS TERMS AND
-CONDITIONS.
-
-OPEN SYSTEMC INITIATIVE
-
-The purpose of the following license agreement (the "Agreement") is to encourage
-interoperability and development of a C++ modeling language known as "SystemC" for
-system simulation and design (the "Purpose"). The SystemC software and other items
-licensed hereunder are licensed, without fee of any kind, for use pursuant to the terms
-and conditions set forth in this Agreement.
-
-LICENSE AGREEMENT
-
-THE CONTRIBUTORS ARE WILLING TO LICENSE THEIR RESPECTIVE CONTRIBUTIONS
-TO YOU ONLY ON THE CONDITION THAT YOU ACCEPT ALL OF THE TERMS OF THIS
-LICENSE AGREEMENT. IF YOU DO NOT AGREE TO ALL OF THE TERMS OF THIS
-LICENSE AGREEMENT, THEN NO RIGHTS ARE GRANTED TO YOU HEREUNDER TO USE
-ANY CONTRIBUTIONS. NOTWITHSTANDING ANYTHING TO CONTRARY, ANY USE,
-REPRODUCTION OR DISTRIBUTION OF ANY CONTRIBUTION CONSTITUTES YOUR
-ACCEPTANCE OF THIS AGREEMENT.
-
-1. DEFINITIONS.
-
- 1.1 "Agreement" means this contract.
-
- 1.2 "Code Contribution" means any Contribution in the form of Source Code.
-
- 1.3 "Contribution" means any work of authorship that is deposited or
- contributed in accordance with Section 3 in furtherance of the Purpose including,
- without limitation, libraries, programs, specifications and User Documentation
- and Modifications. Without limiting the generality of the foregoing, a list of all
- Contributions which were deposited or contributed on or before July 13, 2006 is
- set forth on Exhibit A attached hereto and incorporated herein by reference, all of
- which are considered Contributions pursuant to this Agreement. A list of all
- Contributions is available upon written request to OSCI and can also be found on
- the Website. For purposes of clarification, all contributions licensed pursuant to
- that certain SystemC Open Source License Agreement (Software Download and
- Use License Agreement Version 2.4) shall constitute, and be treated as,
- Contributions pursuant to this Agreement.
-
- 1.4 “Copyright Agreement” means any LRM and Copyright Contribution
- Agreement entered into between OSCI and the signatory thereto at any time
- prior to or after the date hereof.
-
- 1.5 Contribution Questionnaire” means the questionnaire attached hereto as
- Exhibit C.
-
- 1.6 "Contributor" means any person or entity that makes a Contribution
- pursuant to Section 3. For purposes of clarification, any person or entity
- depositing or contributing, as part or all of a Contribution, a Contribution which
- has previously been so deposited or contributed is not the Contributor of such re-
- deposited Contribution for the purposes of this Agreement. A list of all
- Contributors is available upon written request to OSCI and can also be found on
- the Website.
-
- 1.7 "Contributor's Necessary Patent Claims" means those claims of all patents
- owned or licensable by Contributor throughout the world that: (1) Contributor has
- the right to license (within the scope set forth herein) without the obligation to pay
- royalties or other consideration to third parties; and (2) are necessarily and
- directly infringed solely by the portion of a computer program that either
- implements, or is compiled from, either an unmodified Contribution or an OSCI
- Release. For clarity, Contributor’s Necessary Patent Claims shall not include any
- claim directed towards a data structure, method, algorithm, process, technique,
- circuit representation, or circuit implementation that is not completely and entirely
- described either in such Contributor's Contribution or in an OSCI Release.
- Further, a Contributor’s Necessary Patent Claims shall not include any claim
- based upon the combination of any Contribution or an OSCI Release with other
- works of authorship, to the extent that the Contributor’s Necessary Patent Claims
- are infringed as a result of such combination.
-
- 1.8 "Copyright Rights" means worldwide statutory and common law rights
- associated solely with works of authorship including copyrights, copyright
- applications, copyright registrations and "moral rights." For purposes of
- clarification, patents are not included in Copyright Rights.
-
- 1.9 “Derivative” or “Derivative work” means a work based upon one or more
- preexisting works, such as a translation, condensation, or any other form in
- which a work may be recast, transformed, or adapted. A work consisting of
- editorial revisions, annotations, elaborations, or other modifications, which, as a
- whole, represent an original work of authorship, is a “derivative work”.
-
- 1.10 "Distribute" means making a Distribution.
-
- 1.11 "Distribution" means any distribution, sublicensing or other transfer of a
- Contribution to any third party.
-
- 1.12 “Documentation” means, collectively, all User Documentation and OSCI
- Documentation.
-
- 1.13 “Marks” means, collectively, the registered and unregistered marks and
- logos that OSCI has licensed or otherwise authorized Recipient to use. All marks
- and logos are listed on Exhibit D, which list may be amended from time to time
- by OSCI to add or delete any marks or logos.
-
- 1.14 "Modification" means any additions or deletions to any Contribution.
-
- 1.15 “OSCI” means Open SystemC Initiative, a California nonprofit mutual
- benefit corporation.
-
- 1.16 "OSCI Documentation" means the SystemC language reference manual
- and any other materials assigned to OSCI pursuant to the Copyright Agreement.
-
- 1.17 “OSCI Release” means a Contribution or combination of Contributions
- which is developed or created through the OSCI working group process, and the
- final work approved for release by a OSCI working group, approved for release
- by the OSCI steering group and approved for release by the board of directors of
- OSCI. Examples of OSCI Releases include OSCI libraries and OSCI
- specifications. OSCI Documentation shall be deemed to be included in the
- definition of OSCI Release.
-
- 1.18 "Recipient" means any person or entity which receives any Contribution
- under this Agreement. For legal entities, "Recipient" includes any entity that
- controls, is controlled by, or is under common control with Recipient. For
- purposes of this Section 1.18, "control" means beneficial ownership of fifty
- percent (50%) or more of the outstanding shares or similar interest of such entity
- entitled to vote for election of the board of directors or similar managing authority.
-
- 1.19 "Source Code" means human readable text in an electronic form suitable
- for modification that describe the functions and data structures, including C, C++,
- and other language modules, plus any associated interface definition files, scripts
- used to control compilation and installation of a computer program, or a list of
- source code differential comparisons.
-
- 1.20 "User Documentation" means all user guides, user manuals and other
- similar materials related to any Contribution or an OSCI Release.
-
- 1.21 "Website” means OSCI’s Internet website located at
- http://www.systemc.org.
-
-2. GRANT OF RIGHTS
-
- 2.1 Subject to the terms of this Agreement, each Contributor hereby grants to
- each Recipient a non-exclusive, worldwide, royalty-free license under such
- Contributor's Copyright Rights to do the following:
-
- (a) use, reproduce, prepare Derivative works of, publicly display,
- publicly perform and Distribute any Contributions of such Contributor and
- Derivative works thereof; and
-
-
- (b) use the know-how, information and knowledge embedded in the
- Contribution, without any obligation to keep the foregoing confidential so
- long as the Recipient does not otherwise violate this Agreement.
-
- 2.2 OSCI hereby grants to each Recipient a non-exclusive, worldwide, royalty-
- free license under OSCI's Copyright Rights to use, reproduce, prepare Derivative
- works of, publicly display, publicly perform and Distribute the OSCI
- Documentation and any Derivative works thereof, subject to the terms and
- conditions of this Agreement.
-
- 2.3 Subject to the terms of this Agreement, each Contributor hereby grants to
- each Recipient, a worldwide, royalty-free, non-exclusive license under such
- Contributor's Necessary Patent Claims to make, have made, use, sell, offer for
- sale, or import: (a) such Contributor's Contributions; (b) those portions of a
- computer program that either implements, or is compiled from, the Contributor’s
- unmodified Contribution; and (c) those portions of a computer program that
- implement, or are compiled from, an OSCI Release.
-
- 2.4 Each Contributor represents that, to its knowledge, it has sufficient rights
- in and to each of its Contributions to grant the licenses set forth in Sections 2.1
- and 2.3. OSCI represents that, to its knowledge, it has sufficient rights in the
- OSCI Documentation to grant the license set forth in Section 2.2.
-
- 2.5 Except as expressly stated in Sections 2.1, 2.2 and 2.3, Recipient
- receives no rights or licenses to the intellectual property of any Contributor or
- OSCI under this Agreement, whether expressly, by implication, estoppel or
- otherwise. All rights in and to any Contribution not expressly granted under this
- Agreement are reserved.
-
- 2.6 Except as specifically set forth in any Copyright Agreement, Contributor
- shall ensure that transfers or assignments of all or any part of its right, title, and
- interest in and to any Contributions contributed or deposited by Contributor
- hereunder, including all Copyright Rights and patent rights embodied therein,
- shall be subject to the rights expressly granted in this Agreement including,
- without limitation, the licenses granted in Sections 2.1 and 2.3. Recipient shall
- not remove or alter any proprietary notices contained in the Contributions
- licensed to Recipient hereunder and shall reproduce and include such notices on
- any copies of the Contributions made by Recipient in any media.
-
- 2.7 License to Marks.
-
- (a) OSCI shall retain all right, title and interest in and to the Marks
- worldwide, subject to the limited license granted to Recipient in this
- Section 2.7. OSCI hereby grants Recipient a non-exclusive, royalty-free,
- limited license to use the Marks solely in connection with its exercise of
- the rights granted pursuant to this Agreement and to indicate that the
- products being marketed by Recipient are compatible with, and meet the
- standards of, OSCI Releases. All uses of the Marks shall be in
- accordance with OSCI’s trademark usage policy set forth in Exhibit D.
-
- (b) Recipient shall assist OSCI to the extent reasonably necessary to
- protect and maintain the Marks worldwide, including, but not limited to,
- giving prompt notice to OSCI of any known or potential infringement of the
- Marks, and cooperating with OSCI in preparing and executing any
- documents necessary to register the Marks, or as may be required by the
- laws or rules of any country or jurisdiction. In its sole discretion, OSCI
- may commence, prosecute or defend any action or claim concerning the
- Marks. OSCI shall have the right to control any such litigation, and
- Recipient shall fully cooperate with OSCI in any such litigation. OSCI shall
- reimburse Recipient for the reasonable costs associated with providing
- such assistance, except to the extent that such costs result from
- Recipient’s breach of this Section 2.7. Recipient shall not commence any
- action regarding the Marks without OSCI’s prior written consent.
-
- (c) All goodwill with respect to the Marks shall accrue for the sole
- benefit of OSCI. Recipient shall maintain the quality of any products,
- associated packaging, collateral and marketing materials on which it uses
- any of the Marks in a manner consistent with all terms, conditions and
- requirements set forth in this Section 2.7 and at a level that meets or
- exceeds Recipient’s overall reputation for quality and that is at least
- commensurate with industry standards.
-
- 2.8 RECIPIENT UNDERSTANDS THAT ALTHOUGH EACH CONTRIBUTOR AND
- OSCI GRANTS THE LICENSES SET FORTH HEREIN, NO ASSURANCES ARE
- PROVIDED BY ANY CONTRIBUTOR OR OSCI THAT ANY OSCI RELEASE OR ANY
- CONTRIBUTION, EITHER ALONE OR IN COMBINATION WITH ANY OTHER
- CONTRIBUTION, DOES NOT INFRINGE THE PATENT OR OTHER INTELLECTUAL
- PROPERTY RIGHTS OF ANY OTHER ENTITY. MOREOVER, NO ASSURANCES
- ARE MADE THAT ANY CONTRIBUTION OF ONE CONTRIBUTOR DOES NOT
- INFRINGE THE INTELLECTUAL PROPERTY RIGHTS OF ANOTHER CONTRIBUTOR.
- EACH CONTRIBUTOR AND OSCI DISCLAIM ANY LIABILITY TO RECIPIENT FOR
- CLAIMS BROUGHT BY ANY OTHER ENTITY BASED ON INFRINGEMENT OF
- INTELLECTUAL PROPERTY RIGHTS OR OTHERWISE. In addition, as a condition
- to exercising the rights and licenses granted hereunder, each Recipient hereby
- assumes sole responsibility to secure any other intellectual property rights
- needed, if any. For example, if a third party patent license is required to allow
- Recipient to Distribute a computer program, then it is Recipient's responsibility to
- acquire that license before Distributing such computer program.
-
-3. DESCRIPTION AND DEPOSIT OF CONTRIBUTIONS
-
- 3.1 To the extent Recipient wishes to become a Contributor by making a
- Contribution, such Contributor shall:
-
- (a) (i) deposit such Contribution at the Website according to the
- Contribution instructions found at such Website, or (ii) disclose such
- Contribution at a meeting of any working group of OSCI;
-
- (b) (i) describe such Contribution in reasonable detail on Exhibit B
- (including the additions or changes such Contributor made to create the
- Contribution and the date of any such changes or additions), (ii)
- completing a Contribution Questionnaire with respect to such Contribution,
- and (iii) delivering both documents to the Secretary of OSCI. All
- Contributions made after the date hereof shall be effectuated by
- Contributor (x) amending Exhibit B and delivering such amended Exhibit B
- to the Secretary of OSCI, which amended exhibit shall automatically
- replace the existing Exhibit B, (y) completing a Contribution Questionnaire
- with respect to such Contribution, and (z) delivering both documents to the
- Secretary of OSCI;
-
- (c) cause such Contribution to contain a file documenting such
- Contributor's name and contact information, additions or changes such
- Contributor made to create the Contribution, and the date of any such
- changes or additions; and
-
- (d) cause such Contribution to include in each file a prominent
- statement substantially similar to the following: "Any code contained in this
- Contribution is derived, directly or indirectly, from the SystemC source
- code. Copyright (c) 1996-{current year here} by all Contributors. All
- Rights reserved. The contents of this file are subject to the restrictions
- and limitations set forth in the SystemC Open Source License Version 3.0
- (the "License"). You may not use this file except in compliance with such
- restrictions and limitations. You may obtain instructions on how to receive
- a copy of the License at http://www.systemc.org/. Software distributed by
- Contributors under the License is distributed exclusively on an "AS IS"
- basis, WITHOUT WARRANTY OF ANY KIND, either express or implied.
- See the License for the specific language governing rights and limitations
- under the License."
-
-
- 3.2 OSCI may from time to time publish policies and procedures regarding the
- contribution or depositing of Contributions as well as establish additional details
- regarding the contribution process. Without limiting the foregoing, OSCI or the
- administrators of the Website shall have the right to remove any Contribution
- from the Website at any time.
-
-4. REQUIREMENTS OF DISTRIBUTION
-
- 4.1 A Recipient may choose to Distribute any Contribution or any compilation
- of multiple Contributions (except for any Code Contributions) under its own
- license agreement, provided that:
-
- (a) Recipient complies with the terms and conditions of this
- Agreement;
-
- (b) as between Recipient and any other Contributor, Recipient
- assumes all warranties and conditions, express and implied, and all
- liability for damages arising out of its Distribution; and
-
- (c) Recipient makes available to recipients of such Distribution the
- Source Code for such Distributions, and inform them on how to obtain it in
- a reasonable manner on or through a medium customarily used for
- software exchange.
-
- 4.2 If a Recipient chooses to Distribute any Code Contribution or compilations
- of Code Contributions then:
-
- (a) such Code Contribution must be Distributed under this Agreement;
- and
-
- (b) a copy of this Agreement must be included with each copy of such
- Code Contribution.
-
- 4.3 Each Recipient must include the following in a conspicuous location in the
- Code Contribution so Distributed:
-
- Copyright (c) 1996-{current year here}, by all Contributors.
- All rights reserved.
-
- 4.4 In addition, each Recipient that creates and Distributes or otherwise
- transfers a Modification whether or not such Modification has been deposited
- pursuant to Section 3 must identify the originator of such Modification in a
- manner that reasonably allows third parties to identify the originator of the
- Modification.
-
-
- 4.5 A Recipient may choose to Distribute the OSCI Documentation under its
- own license agreement, provided that Recipient complies with the terms and
- conditions of this Agreement. Each Recipient must include the following in a
- conspicuous location in the OSCI Documentation so Distributed or transferred:
-
- Copyright (c) 1996-{current year here}, by Open SystemC
- Initiative. All rights reserved.
-
- In addition, each Recipient that creates and Distributes a modification or
- Derivative work of the OSCI Documentation, whether or not such modification or
- Derivative work has been contributed pursuant to a Copyright Agreement must
- identify the originator of such modification or Derivative work in a manner that
- reasonably allows third parties to identify the originator of the modification or
- derivative work.
-
-5. INDEMNIFICATION
-
-
-Any Recipient which Distributes any Contribution and/or OSCI Release (a "Distributor")
-may accept certain responsibilities with respect to end users, business partners and the
-like. While this license is intended to facilitate the commercial use of Contributions
-OSCI Documentation and OSCI Releases, a Distributor shall Distribute such
-Contributions, OSCI Documentation and OSCI Releases in a manner which does not
-create potential liability for the Contributors. Therefore each Distributor hereby agrees
-to defend and indemnify every Contributor ("Indemnified Contributor") against any
-losses, damages and costs (collectively "Losses") arising from claims, lawsuits and
-other legal actions brought by a third party against the Indemnified Contributor to the
-extent caused by the acts or omissions of such Distributor, including but not limited to
-the terms and conditions under which Distributor offered such Contributions, OSCI
-Documentation and/or OSCI Releases in connection with its Distribution thereof. The
-obligations in this Section 5 do not apply to any claims or Losses relating to any actual
-or alleged intellectual property infringement of any Contribution, OSCI Documentation or
-OSCI Release. In order to qualify, an Indemnified Contributor must: (a) promptly notify
-the Distributor in writing of such claim, and (b) allow the Distributor to control, and
-cooperate with the Distributor in, the defense and any related settlement negotiations.
-The Indemnified Contributor may participate in the defense of any such claim at its own
-expense.
-
-For example, a Recipient might include a Contribution in a commercial product offering,
-Product X. That Recipient is then a Distributor. If that Distributor then makes
-performance claims, or offers warranties, support, or indemnity or any other license
-terms related to Product X, those performance claims, offers and other terms are such
-Distributor's responsibility alone. Under this Section 5, the Distributor would have to
-defend claims against the Contributors related to those performance claims, offers, and
-other terms, and if a court requires any Contributor to pay any damages as a result, the
-Distributor must pay those damages.
-
-6. NO WARRANTY
-
-EXCEPT AS EXPRESSLY SET FORTH IN THIS AGREEMENT, ALL CONTRIBUTIONS, OSCI
-DOCUMENTATION AND OSCI RELEASES ARE PROVIDED EXCLUSIVELY ON AN "AS IS"
-BASIS, WITHOUT WARRANTIES OR CONDITIONS OF ANY KIND, EITHER EXPRESS OR
-IMPLIED INCLUDING, WITHOUT LIMITATION, ANY WARRANTIES OR CONDITIONS OF
-TITLE, NON-INFRINGEMENT, MERCHANTABILITY OR FITNESS FOR A PARTICULAR
-PURPOSE. EACH RECIPIENT IS SOLELY RESPONSIBLE FOR DETERMINING THE
-APPROPRIATENESS OF ITS USE AND DISTRIBUTION OF ANY CONTRIBUTION, OSCI
-DOCUMENTATION AND OSCI RELEASE AND ASSUMES ALL RISKS ASSOCIATED WITH
-ITS EXERCISE OF RIGHTS UNDER THIS AGREEMENT, INCLUDING BUT NOT LIMITED TO
-THE RISKS AND COSTS OF PROGRAM ERRORS, COMPLIANCE WITH APPLICABLE
-LAWS, DAMAGE TO OR LOSS OF DATA, PROGRAMS OR EQUIPMENT, AND
-UNAVAILABILITY OR INTERRUPTION OF OPERATIONS. THIS DISCLAIMER OR
-WARRANTY CONSTITUTES AN ESSENTIAL PART OF THIS AGREEMENT. NO USE OF
-ANY CONTRIBUTION, OSCI DOCUMENTATION OR OSCI RELEASE ARE AUTHORIZED
-HEREUNDER EXCEPT UNDER THIS DISCLAIMER.
-
-7. DISCLAIMER OF LIABILITY
-
-EXCEPT AS EXPRESSLY SET FORTH IN THIS AGREEMENT, NONE OF THE RECIPIENTS,
-CONTRIBUTORS OR OSCI SHALL HAVE ANY LIABILITY FOR ANY DIRECT, INDIRECT,
-INCIDENTAL, SPECIAL, EXEMPLARY, PUNITIVE, OR CONSEQUENTIAL DAMAGES
-(INCLUDING WITHOUT LIMITATION LOST PROFITS), HOWEVER CAUSED AND ON ANY
-THEORY OF LIABILITY, WHETHER IN CONTRACT, STRICT LIABILITY, OR TORT
-(INCLUDING NEGLIGENCE OR OTHERWISE) ARISING IN ANY WAY OUT OF THE USE OR
-DISTRIBUTION OF ANY CONTRIBUTION, OSCI DOCUMENTATION OR OSCI RELEASE OR
-THE EXERCISE OF ANY RIGHTS GRANTED HEREUNDER, EVEN IF ADVISED OF THE
-POSSIBILITY OF SUCH DAMAGES.
-
-8. U.S. GOVERNMENT USE
-
-If Recipient is licensing any computer program on behalf of any unit or agency of the
-United States Government, then such computer program is commercial computer
-software, and, pursuant to FAR 12.212 or DFARS 227.7202 and their successors, as
-applicable, shall be licensed to the Government under the terms and conditions of this
-Agreement.
-
-9. PATENT CLAIMS
-
-If Recipient institutes patent litigation against any entity (including a cross-claim,
-counterclaim or declaratory judgment claim in a lawsuit) alleging that any Contribution,
-OSCI Release or combination of Contributions (excluding combinations of any
-Contribution with other software or hardware) infringes such Recipient's patent(s), then
-the rights granted to Recipient by each Contributor under Section 2 shall terminate as of
-the date such litigation is filed.
-
-10. TERMINATION
-
-All Recipient's rights under this Agreement shall terminate if Recipient fails to comply
-with any of the material terms or conditions of this Agreement and does not cure such
-failure in a reasonable period of time after becoming aware of such noncompliance. If
-such occurs, Recipient shall cease all use and Distribution of any Contributions of any
-other Contributor, OSCI Documentation and OSCI Releases based upon the rights
-granted to Recipient under this Agreement as soon as reasonably practicable.
-However, Recipient's obligations under this Agreement and any licenses granted by
-Recipient relating to any Contributions shall survive such termination.
-
-11. LICENSE VERSIONS
-
-OSCI may publish new versions (including revisions) of this Agreement from time to
-time. Each new version of the Agreement will be given a distinguishing version number.
-Any Contribution, OSCI Documentation or OSCI Release may always be Distributed
-subject to the version of the Agreement under which it was received. In addition, after a
-new version of the Agreement is published, Contributor may elect to Distribute any
-Contribution, OSCI Documentation or OSCI Release under the new version. No one
-other than OSCI, acting by a vote of at least seventy five percent (75%) of the members
-of its Board of Directors, has the right to modify this Agreement; provided that Exhibit B
-and Exhibit C may be amended as specifically set forth in Section 3.1(b), and Exhibit D
-may be amended as specifically set forth in Section 1.13.
-
-12. ELECTRONIC ACCEPTANCE
-
-This Agreement may be executed either electronically or on paper. If this Agreement is
-executed electronically, by clicking on the “Accept” button, Recipient warrants that it
-agrees to all of the terms of this Agreement, that Recipient is authorized to enter into
-this Agreement, and that this Agreement is legally binding upon Recipient. If Recipient
-does not agree to be bound by this Agreement, then Recipient shall click the “Decline”
-button and Recipient shall not receive any rights from the Contributors nor shall
-Recipient download any Contributions, OSCI Documentation or OSCI Releases.
-
-13. GENERAL
-
-This Agreement represents the complete agreement concerning the subject matter hereof
-and supersedes all prior agreements or representations, oral or written, regarding the
-subject matter hereof. If any provision of this Agreement is invalid or unenforceable
-under applicable law, it shall not affect the validity or enforceability of the remainder of the
-terms of this Agreement, and without further action by the parties hereto, such provision
-shall be reformed to the minimum extent necessary to make such provision valid and
-enforceable. This Agreement shall be executed in multiple counterparts (either
-electronically and/or on paper), each of which shall be deemed to be an original, but all of
-which shall be one and the same Agreement. A facsimile or other copy of the Agreement
-shall have the same force and effect as an originally executed copy thereof.
-
-
-This Agreement is governed by the laws of California, without reference to conflict of
-laws principles. Each party waives its rights to a jury trial in any resulting litigation. Any
-litigation relating to this Agreement shall be subject to the jurisdiction of the Federal
-Courts of the Northern District of California, with venue lying in Santa Clara County,
-California, or the Santa Clara County Superior Court. The application of the United
-Nations Convention on Contracts for the International Sale of Goods is expressly
-excluded. The provisions of this Agreement shall be construed fairly in accordance with
-its terms and no rules of construction for or against either party shall be applied in the
-interpreting this Agreement. Recipient shall not use any Contribution, OSCI
-Documentation or OSCI Release in violation of local and other applicable laws
-including, but not limited to, the export control laws of the United States.
-
-
- EXHIBIT A
-
- List of Contributions as of July 13, 2006
-
-
-Number Contribution
-
-1. Updated TLM Proposal
-
-2. TLM Extensions
-
-3. Abstract titled "Transaction Level Modeling in SystemC"
-
-4. Code and related material entitled "SCE-API Example - Standard Co-emulation APO v1.8
-Spec and Routed Example"
-
-5. Code and related material entitled "Simplebus v2.2 Example for SystemC v2.0.
-
-6. Code and related material entitled "SystemC Generic Transaction Level Communication
-Channel."
-
-7. Review of TLM API code and related documents.
-
-8. SystemC Verification Library version 1.0; versions 1.1, 1.2, 2.0, 2.0.1 of the SystemC modeling
-language as released by OSCI and which are, or were, available for download on the website
-prior to the agreement; version 2.1 (beta 11) of the SystemC modeling language to be
-released and made available by OSCI for download on the website.
-
-9. Code and related material entitled "System Design with SystemC Examples."
-
-10. Presentation document titled "Towards a SystemC Transaction Level Modeling Standard,"
-dated June 2004; presentation document titled "TLM Extensions," dated April 2004;
-presentation document titled "Updated TLM Proposal," dated March 29, 2004; abstract titled
-"Transaction Level Modeling in System C."
-
-11. Code and related material entitled "MP3 Decoder Example plus Performance Benchmark."
-
-12. SystemC October 12 Library.
-
-13. Source code modifications to the SystemC Library embodied in the October 12, 2004 kit
-(system_2_z_lib.oct_12_2004.tgz).
-
-Source code modifications to the SystemC Regression Test Suite embodied in the October 12,
-2004 kit (systemc_2_1_tests.oct_12_2004.tgz).
-
-14. Synthesizable Subset 1.0.
-
-15. TLM Contribution (Presentation documents; abstract; code; proposal dated 3/24/04).
-
-16. Updated version of TLM kit
-
-17. Code and related material “2.1 Beta Regression Tests”
-
-18. Code and related material “OSCI SystemC 2.1 Beta”
-
-19. SystemC 2.1
-
-20. Assorted recommendations for enhancements, bug fixes and improved cross-platform support,
-including project files for Microsoft Visual C++ versions 6.0 and 7.1 that are contained within
-the files systemc-2.1.05may05.tgz and systemc_tests-2.105may05.tgz.
-
-21. Minor modifications incorporated in SystemC 2.1 open source implementation dated July 14,
-2005 to permit port to Microsoft VC++ Version 7.
-
-22. Numerous modifications incorporated in SystemC 2.1 open source implementation dated July
-14, 2005.
-
-23. A collection of interfaces and implementations in SystemC for analysis objects.
-
-A collection of interfaces and implementations in SystemC for configuring components in a
-design.
-
-24. Modifications to the most recent version of SCV which allow it to run under the SystemC-2.1v1
-kit.
-
-25. Set of header files intended to be included in the SystemC TLM Modelling library code. The
-API provides for 1 interfaces: (a) “Atom at once (Variously called BA, PVT, CC) in which a
-single atom is transported at once.
-
-26. Modifications included in SystemC 2.2 library labeled “systemc-2.2.04feb06.tgz;”
-
-Modifications included in SystemC 2.2 test suite labeled “systemc_tests-2.2.04feb06.tgz.”
-
-27. Modifications to the SystemC 2.2 library to enable the port to gcc version 4;
-
-Addition of compliance_1666 tests to the SystemC 2.2 regression test suite.
-
-28. OSCI_TL3_2006_03_01.zip, including any updates of any of the foregoing, and
-OSCI_SCML_Memory_and_Bitfield_2006_03_01.zip, including any updates of any of the
-foregoing.
-
-29. C++/SystemC Code for Mentor’s SMI System PVT channel implementation; An example of a
-protocol specific SystemC PVT channel implementation; Design examples using the above
-channel models; A white-paper describing the channel implementations.
-
-
-
- EXHIBIT D
-
- Trademark Usage Policy
-
-I. LIST OF MARKS
-
- 1. Open SystemC
-
- 2. Open SystemC Initiative
-
- 3. OSCI
-
- 4. SystemC
-
- 5. SystemC Initiative
-
- 6. All logos that incorporate the foregoing word marks
-
-
-II. PROPER USE OF MARKS
-
-Trademarks and service marks function as adjectives and generally should not be used as
-nouns or verbs. Accordingly, as often as possible, the Marks should be used as adjectives
-immediately preceding the generic noun that refers to the service in question. For example:
-
- The SystemC® software
- The OSCI® LRM
-
-No Possessives or Plurals. Since they are not nouns, the Marks should never be used in the
-possessive or plural forms. For example, it is not appropriate to write “SystemC’s software.”
-
-No Use as Verbs or as Puns. The Marks should never be used as verbs or as puns.
-
-
-III. PROPER ATTRIBUTION
-
-Trademark ownership is attributed in two ways, with the use of a symbol (TM, SM, ®) after the mark
-and with a legal legend, usually found at the end of a document following the copyright notice.
-Following are OSCI’s rules for symbols and legends to attribute the Marks:
-
-Symbols:
-
-Which Symbol Do I Use?
-The Marks generally function as trademarks rather than servicemarks. Unless you are
-specifically directed otherwise, please use the ® symbol after the Marks.
-
-Where Do I Place the ® Symbol?
-The ® symbol is placed immediately after the mark, either in superscript or subscript.
-
-When Do I Use the Symbol?
-The ® symbol is to be used after the Marks in the following instances:
-
-Most Prominent Uses: A ® symbol is required after prominent uses of the Marks, e.g., in the
-headlines and large print text of web pages, advertisements, other promotional materials and
-press releases, except where space limitations or specific style considerations prevent
-compliance with this requirement.
-
-First Use in Text: A ® symbol is required after the first use of each Mark in text, e.g. advertising
-copy or the body of press releases, even though the symbol may have already appeared in the
-headline or after another prominent use of the mark in the same document.
-
-All Logos: The ® symbol must appear after all logos incorporating the Marks.
-
-
-IV. Legends
-
-All Marks that appear on a web page or in a press release, advertisement or other written
-material (whether in print or electronic form) must be attributed in an appropriate legend. The
-legend may be presented in “mouseprint” but must be large enough to be read easily. Legends
-generally appear at the end of a document or the bottom of a web page but may be placed
-elsewhere, e.g. the inside cover of documentation.
-
-The OSCI Legend: The following legend should be used in all materials in which any of the
-Marks appear:
-
-[Insert the Marks] are trademarks or registered trademarks of Open SystemC Initiative, Inc. in
-the United States and other countries and are used with permission.
-
-
-V. MARKS NEVER COMBINED
-
-The Marks should never be combined with the marks of any business other than OSCI. The
-Marks should always appear visually separate from any other marks appearing in the same
-materials such that each mark creates a distinct commercial impression. It would, for instance,
-not be appropriate to superimpose the logo of another business over any OSCI logo.
-
-
-VI. LOGOS
-
-Logos incorporating the Marks can only be used in the format provided to you by OSCI for
-incorporation into your materials or web pages. The logos provided to you by OSCI cannot be
-modified in any way without OSCI’s prior written approval. Logos copied from OSCI web pages
-or other materials may not to be used. Please contact support@opensystemc.org to obtain
-electronic files containing the OSCI logos and to ask any questions regarding the logos.