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author | Thomas Beierlein <tomjbe@gentoo.org> | 2013-09-15 14:33:30 +0000 |
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committer | Thomas Beierlein <tomjbe@gentoo.org> | 2013-09-15 14:33:30 +0000 |
commit | cb19f9e3231c6a141886d9c3f9d2300209699b41 (patch) | |
tree | aaea178979080d610003cc4cba87023ea520c5c6 /licenses | |
parent | Version bump (diff) | |
download | historical-cb19f9e3231c6a141886d9c3f9d2300209699b41.tar.gz historical-cb19f9e3231c6a141886d9c3f9d2300209699b41.tar.bz2 historical-cb19f9e3231c6a141886d9c3f9d2300209699b41.zip |
Add SOPLA-3.0 for sci-electronics/systemc-2.3.0
Diffstat (limited to 'licenses')
-rw-r--r-- | licenses/SOPLA-3.0 | 668 |
1 files changed, 668 insertions, 0 deletions
diff --git a/licenses/SOPLA-3.0 b/licenses/SOPLA-3.0 new file mode 100644 index 000000000000..ce9a8ac0ddd5 --- /dev/null +++ b/licenses/SOPLA-3.0 @@ -0,0 +1,668 @@ + 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. |