LICENSE_lattice.txt

Sat, 06 Aug 2011 01:34:41 +0100

author
Philip Pemberton <philpem@philpem.me.uk>
date
Sat, 06 Aug 2011 01:34:41 +0100
changeset 30
614f58128bcc
parent 25
7422134cbfea
permissions
-rw-r--r--

Merge LM32 v3.8 docs in

philpem@25 1 Overview
philpem@25 2
philpem@25 3 The generated LatticeMico32 processor and selected peripheral component HDL codes are available through a unique open IP core licensing agreement. This unique license allows users to ensure that their proprietary designs remain proprietary and allows the implementation and distribution of hardware without the need for a separate license agreement. Similarly, the GNU-based compiler, assembler, linker and debugger are licensed under the GNU GPL agreement. The main benefits of open source IP are:
philpem@25 4
philpem@25 5 * Visibility
philpem@25 6 o Allows complete understanding of the intrinstic details of the architecture and operation of the processor, peripheral components and tools
philpem@25 7 * Flexibility
philpem@25 8 o Allows the entire user community to identify areas of enhancements and to help develop higher quality solutions and make modifications
philpem@25 9 * Portability
philpem@25 10 o Provides architecture independence, allowing designs to migrate to an FPGA or ASIC
philpem@25 11 * Free of Charge
philpem@25 12
philpem@25 13
philpem@25 14
philpem@25 15 LATTICE SEMICONDUCTOR CORPORATION
philpem@25 16
philpem@25 17 LatticeMico32 System License Agreement
philpem@25 18
philpem@25 19 This is a legal agreement between you, the end user, and Lattice Semiconductor Corporation. By proceeding with the installation or use of the Software, you agree to be bound by the terms of this Agreement. If you do not agree to the terms of this Agreement, do not use, download or install the Software, and if you have already obtained the Software from an authorized source, promptly return the media package and all accompanying items (including written materials and binders or other containers) to the place you obtained them for a full refund of any applicable license fees.
philpem@25 20
philpem@25 21 Lattice Semiconductor Corporation ("Lattice") and the individual or entity acquiring the Software ("Licensee") agree as follows:
philpem@25 22
philpem@25 23
philpem@25 24 1. DEFINITIONS
philpem@25 25
philpem@25 26 "Software" means the LatticeMico32 System computer program(s) other than the open source programs identified in Section 11 herein in machine-readable form furnished to Licensee by Lattice, in whatever media and by whatever method, which are enabled for use pursuant to Lattice's software protection mechanism, and for which Licensee has paid any applicable license fees. Software includes any related update or upgrade programs that may be added from time to time.
philpem@25 27
philpem@25 28
philpem@25 29 2. SOFTWARE LICENSE
philpem@25 30
philpem@25 31 a. Lattice hereby grants to Licensee a non-exclusive, nontransferable license to use the Software for Licensee's internal purposes only on any computer possessed by Licensee on which the Software is designed to operate, such use to be in accordance with and subject to the terms and conditions of this Agreement.
philpem@25 32
philpem@25 33 b. Pursuant to this Agreement, Licensee may (i) physically transfer any Software from one computer to another provided that the Software is used on only one such computer at a time and (ii) use the Software and any output files generated by the Software for the sole purpose of designing and programming semiconductor components (the "Permitted Use") and (iii) make one (1) copy of the Software for Licensee's own use solely for backup or archive purposes. Licensee may also merge the Software (or a portion thereof) into any other software to form an updated work; provided that, upon termination of Licensee's license, the Software shall be completely removed from the updated work and treated as if permission to merge had never been granted. The use of any portion of the Software included in any such updated work remains at all times subject to the terms and conditions of this Agreement.
philpem@25 34
philpem@25 35 c. Licensee shall include Lattice's (and Lattice's suppliers', as applicable) copyrights, trademarks, and other proprietary notices on any copies and merged versions of the Software.
philpem@25 36
philpem@25 37 d. Licensee shall not distribute, copy, transfer, lend, incorporate, modify, or use the Software for any purpose except as expressly provided herein.
philpem@25 38
philpem@25 39 e. If Licensee fails to comply with the provisions of this Agreement, the License is automatically terminated.
philpem@25 40
philpem@25 41 f. Except for the rights expressly granted herein to Licensee, the title and all intellectual property rights in and to the Software and any copy of the Software which may be made by Licensee hereunder remain the sole and exclusive property of Lattice and/or Lattice's licensors.
philpem@25 42
philpem@25 43
philpem@25 44 3. LIMITED WARRANTY AND REMEDIES
philpem@25 45
philpem@25 46 a. Lattice warrants to Licensee that the media containing the Software will be free from defects in materials and workmanship under normal use and service for a period of ninety (90) days from the date of delivery. Lattice further warrants that the Software will substantially conform to Lattice's published specifications for the Software at the time of delivery for a period of ninety (90) days from the date of delivery.
philpem@25 47
philpem@25 48 b. During the 90-day warranty period, (1) Lattice will replace any Software not meeting the foregoing warranty that is returned to Lattice; or (2) if Lattice is unable to deliver replacement Software which performs substantially in accordance with current program documentation or Software on a media which is free of defects in materials or workmanship, Licensee may terminate this Agreement by returning the Software and any applicable license fee paid by Licensee to Lattice will be refunded. Any replacement Software or media will be warranted for the remainder of the original warranty period or thirty (30) days, whichever is longer.
philpem@25 49
philpem@25 50 c. Any products which are not returned to Lattice within the warranty period or which have been subject to accident, abuse, misuse, alteration, neglect, or unauthorized repair or installation are not covered by warranty.
philpem@25 51
philpem@25 52
philpem@25 53 4. WARRANTY DISCLAIMER
philpem@25 54
philpem@25 55 EXCEPT FOR THE ABOVE EXPRESSED LIMITED WARRANTIES, LATTICE MAKES NO WARRANTIES ON THE SOFTWARE, WHETHER EXPRESSED, IMPLIED, STATUTORY, OR IN ANY OTHER PROVISION OF THIS AGREEMENT OR COMMUNICATION WITH LICENSEE, AND LATTICE SPECIFICALLY DISCLAIMS ANY IMPLIED WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. LATTICE DOES NOT WARRANT THAT THE OPERATION OF THE SOFTWARE BY LICENSEE WILL BE UNINTERRUPTED OR ERROR FREE. LICENSEE ASSUMES RESPONSIBILITY FOR SELECTION OF THE SOFTWARE TO ACHIEVE ITS INTENDED RESULTS, AND FOR THE PROPER INSTALLATION, USE, AND RESULTS OBTAINED FROM THE SOFTWARE. EXCEPT FOR THE ABOVE EXPRESSED LIMITED WARRANTIES, LICENSEE ASSUMES THE ENTIRE RISK OF THE SOFTWARE PROVING DEFECTIVE OR FAILING TO PERFORM PROPERLY AND IN SUCH EVENT, LICENSEE SHALL ASSUME THE ENTIRE COST AND RISK OF ANY REPAIR, SERVICE, CORRECTION, OR ANY OTHER LIABILITIES OR DAMAGES CAUSED BY OR ASSOCIATED WITH THE SOFTWARE. LATTICE'S SOLE LIABILITY, AND LICENSEE'S SOLE REMEDY, IS SET FORTH ABOVE.
philpem@25 56
philpem@25 57
philpem@25 58 5. SOURCE CODE
philpem@25 59
philpem@25 60 Licensee shall not attempt to reverse translate, decompile or otherwise attempt to derive the source code of the Software. In the event any source code is explicitly licensed to Licensee as part of the Software, such limitation will not apply to such source code. Licensee shall not alter or remove from the Software any copyright, trademark or other proprietary notices of Lattice and/or Lattice's licensors. Any use or attempted use of the Software in violation of the foregoing restrictions is a breach of the Agreement which will cause irreparable harm to Lattice, entitling Lattice to injunctive relief in addition to all legal remedies.
philpem@25 61
philpem@25 62
philpem@25 63 6. LIMITATION OF LIABILITY
philpem@25 64
philpem@25 65 a. Licensee agrees that Lattice's entire liability to Licensee and Licensee's sole remedy hereunder for any cause whatsoever, regardless of the form of the action, shall be limited to the price paid to Lattice for the Software.
philpem@25 66
philpem@25 67 b. IN NO EVENT WILL LATTICE OR ANY OF ITS SUPPLIERS BE LIABLE TO LICENSEE OR ANY OTHER PERSON FOR ANY DAMAGES, INCLUDING ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, OR SPECIAL DAMAGES, INCLUDING EXPENSES, LOST PROFITS, LOST SAVINGS, OR OTHER DAMAGES OF ANY SORT ARISING OUT OF THE USE OF OR INABILITY TO USE THE SOFTWARE, EVEN IF LATTICE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME STATES DO NOT ALLOW THE LIMITATION OR EXCLUSION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATIONS OR EXCLUSIONS MAY NOT APPLY TO YOU.
philpem@25 68
philpem@25 69
philpem@25 70 7. DEFAULT AND TERMINATION
philpem@25 71
philpem@25 72 This Agreement will continue indefinitely, until and unless terminated; it will terminate automatically in the event Licensee fails to perform any of its obligations hereunder. Licensee may terminate this Agreement at any time by returning to Lattice the original and all copies of the Software or by destroying the Software together with all copies thereof, including all modifications and merged portions in any form. Upon termination of this Agreement for any reason, Licensee shall either return to Lattice the original and all copies of the Software, or, upon Lattice's request, destroy such original and copies and provide Lattice with written certification of their destruction.
philpem@25 73
philpem@25 74
philpem@25 75 8. EXPORT CONTROL
philpem@25 76
philpem@25 77 Licensee shall not export the Software or the direct product thereof without first obtaining any necessary U.S. or other governmental licenses and approvals. In connection with such export control compliance, Licensee certifies as follows:
philpem@25 78
philpem@25 79 - that Licensee is not on the Denied Persons List maintained by the U.S. Bureau of Industry and Security;
philpem@25 80 - that Licensee is not on the list of Specially Designated Nationals and Blocked Persons maintained by the U.S. Department of the Treasury;
philpem@25 81 - that Licensee is not a citizen or resident of, or an agent of, Cuba, Iran, Iraq, North Korea, Sudan, or Syria, or any other country to which export of the referenced Software is prohibited; and
philpem@25 82 - that Licensee is legally permitted, under all applicable export and commerce control laws and regulations, to receive the referenced Software.
philpem@25 83
philpem@25 84
philpem@25 85 9. U.S. GOVERNMENT RESTRICTED RIGHTS
philpem@25 86
philpem@25 87 The Software and any accompanying documentation provided to agencies of the U.S. Government are "commercial computer software" and "commercial computer software documentation" pursuant to DFARS 227.7202 and FAR 12.212, and their successors. All use, reproduction, release, performance, display or disclosure of the Software and related documentation by or for the U.S. Government shall be in strict accordance with the terms and conditions of this Agreement. Contractor/manufacturer is Lattice Semiconductor Corporation, 5555 NE Moore Court, Hillsboro, Oregon 97124 and its licensors.
philpem@25 88
philpem@25 89
philpem@25 90 10. ADDITIONAL TERMS AND CONDITIONS APPLICABLE TO LATTICE PROGRAMMING HARDWARE
philpem@25 91
philpem@25 92 Lattice programmers, ispDOWNLOAD(TM) cables, and other hardware sold for use in conjunction with Lattice software ("Programming Hardware") are designed and intended for use solely with semiconductor components manufactured by Lattice Semiconductor Corporation. Programming Hardware is warranted to meet Lattice Specifications only for a period of ninety (90) days; in all other respects the terms and conditions of sale of Programming Hardware shall be Lattice's standard terms and conditions set forth in Lattice's Sales Order Acknowledgement. Furthermore, Lattice Specifications for the ispDOWNLOAD cable limit its use to low-volume engineering applications only, and not for volume production use. As with all other Programming Hardware, Lattice shall not be liable for any use of the ispDOWNLOAD cable in production, or use of worn or improperly installed hardware or use with incompatible systems or components.
philpem@25 93
philpem@25 94
philpem@25 95 11. OPEN SOURCE SOFTWARE
philpem@25 96
philpem@25 97 a. Your use of the Software is governed by the terms of this Agreement. However, certain separate source code modules identified in Section 11(b) and Section 11(c) below that are installed with, but not integrated with, the Software have been provided by third parties. By proceeding with the installation and use of such open source code, you are also agreeing to use this code in accordance with the terms of the agreements under which such code has been licensed.
philpem@25 98
philpem@25 99 b. Certain open source code is licensed under the Eclipse Public License v. 1.0, a copy of which is attached hereto as Appendix A.
philpem@25 100
philpem@25 101 c. Certain open source code is licensed pursuant to the terms of the notice attached hereto as Appendix B.
philpem@25 102
philpem@25 103 d. Certain portion of the Software are licensed under the Mozilla Public License, Version 1.1. pursuant to the terms of the notice attached hereto as Appendix C.
philpem@25 104
philpem@25 105
philpem@25 106 12. OPEN SOURCE LICENSE AGREEMENT FOR OUTPUT FILES GENERATED BY THE LATTICEMICO32 SYSTEM
philpem@25 107
philpem@25 108 By proceeding with the installation and use of the LatticeMico32 System, you are agreeing to use the output files generated by it in accordance with the terms of the Lattice Semiconductor Corporation Open Source License Agreement, a copy of which is attached hereto as Appendix D.
philpem@25 109
philpem@25 110
philpem@25 111 13. INFORMATION REGARDING PERSONAL DATA
philpem@25 112
philpem@25 113 If you downloaded this Software from our website, we have collected information about you, including your name and contact information, from the information you provided when you registered to use the website.
philpem@25 114
philpem@25 115 If you acquired the Software from a source other than our website, we will ask you for certain information, including your name and contact information, as part of the installation procedure.
philpem@25 116
philpem@25 117 Some of our Software comes bundled with software from third party providers, including Aldec, Inc. and Synplicity, Inc. If you obtain a license key from us for such Software, we will provide your name, corporate affiliation, address, phone number, fax number, and email address, along with information about the software version you have chosen, to the appropriate third party provider.
philpem@25 118
philpem@25 119
philpem@25 120 14. GENERAL
philpem@25 121
philpem@25 122 THIS AGREEMENT WILL BE GOVERNED BY THE LAWS OF THE STATE OF OREGON, WITHOUT REGARD TO ITS CONFLICT OF LAWS PROVISIONS. The prevailing party in any legal action or arbitration arising out of this Agreement shall be entitled to reimbursement for reasonable attorneys fees and expenses, in addition to any other rights and remedies such party may have.
philpem@25 123
philpem@25 124 Lattice reserves the right in its sole discretion to discontinue third party software tools that come bundled with the Software at any time.
philpem@25 125
philpem@25 126 Licensee may not sublicense, assign, or transfer this license or the Software. Any attempted assignment, transfer or sublicense by Licensee in violation of this provision shall be void. Subject to the foregoing, this Agreement shall be binding upon and inure to the benefit of the successors and permitted assigns of the parties.
philpem@25 127
philpem@25 128 This Agreement is the entire agreement between the parties with respect to use of the Software and supersedes any other communications or prior agreements, oral or written, regarding the Software.
philpem@25 129
philpem@25 130 If any provision of this Agreement is held invalid, the remainder of the Agreement shall continue in full force and effect.
philpem@25 131
philpem@25 132 Please direct all inquiries, in writing, to Lattice Semiconductor Corporation,
philpem@25 133 5555 N.E. Moore Court, Hillsboro, Oregon 97124.
philpem@25 134 (c)2006-2010 Lattice Semiconductor Corporation. All rights reserved.
philpem@25 135
philpem@25 136
philpem@25 137 Intellectual Property Notice
philpem@25 138
philpem@25 139 The software governed by this License Agreement is:
philpem@25 140 Copyright (c), 1992-2010, Lattice Semiconductor Corporation, All Rights Reserved
philpem@25 141
philpem@25 142
philpem@25 143 APPENDIX A
philpem@25 144 Eclipse Public License v 1.0
philpem@25 145
philpem@25 146
philpem@25 147 THE ACCOMPANYING PROGRAM IS PROVIDED UNDER THE TERMS OF THIS ECLIPSE PUBLIC LICENSE ("AGREEMENT"). ANY USE, REPRODUCTION OR DISTRIBUTION OF THE PROGRAM CONSTITUTES RECIPIENT'S ACCEPTANCE OF THIS AGREEMENT.
philpem@25 148
philpem@25 149 1. DEFINITIONS
philpem@25 150
philpem@25 151 "Contribution" means:
philpem@25 152 a) in the case of the initial Contributor, the initial code and documentation distributed under this Agreement, and
philpem@25 153 b) in the case of each subsequent Contributor: i) changes to the Program, and ii) additions to the Program; where such changes and/or additions to the Program originate from and are distributed by that particular Contributor. A Contribution "originates" from a Contributor if it was added to the Program by such Contributor itself or anyone acting on such Contributor's behalf. Contributions do not include additions to the Program which: (i) are separate modules of software distributed in conjunction with the Program under their own license agreement, and (ii) are not derivative works of the Program.
philpem@25 154
philpem@25 155 "Contributor" means any person or entity that distributes the Program.
philpem@25 156
philpem@25 157 "Licensed Patents" mean patent claims licensable by a Contributor which are necessarily infringed by the use or sale of its Contribution alone or when combined with the Program.
philpem@25 158
philpem@25 159 "Program" means the Contributions distributed in accordance with this Agreement.
philpem@25 160
philpem@25 161 "Recipient" means anyone who receives the Program under this Agreement, including all Contributors.
philpem@25 162
philpem@25 163
philpem@25 164 2. GRANT OF RIGHTS
philpem@25 165
philpem@25 166 a) Subject to the terms of this Agreement, each Contributor hereby grants Recipient a non-exclusive, worldwide, royalty-free copyright license to reproduce, prepare derivative works of, publicly display, publicly perform, distribute and sublicense the Contribution of such Contributor, if any, and such derivative works, in source code and object code form.
philpem@25 167
philpem@25 168 b) Subject to the terms of this Agreement, each Contributor hereby grants Recipient a non-exclusive, worldwide, royalty-free patent license under Licensed Patents to make, use, sell, offer to sell, import and otherwise transfer the Contribution of such Contributor, if any, in source code and object code form. This patent license shall apply to the combination of the Contribution and the Program if, at the time the Contribution is added by the Contributor, such addition of the Contribution causes such combination to be covered by the Licensed Patents. The patent license shall not apply to any other combinations which include the Contribution. No hardware per se is licensed hereunder.
philpem@25 169
philpem@25 170 c) Recipient understands that although each Contributor grants the licenses to its Contributions set forth herein, no assurances are provided by any Contributor that 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. 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.
philpem@25 171
philpem@25 172 d) Each Contributor represents that to its knowledge it has sufficient copyright rights in its Contribution, if any, to grant the copyright license set forth in this Agreement.
philpem@25 173
philpem@25 174
philpem@25 175 3. REQUIREMENTS
philpem@25 176
philpem@25 177 A Contributor may choose to distribute the Program in object code form under its own license agreement, provided that:
philpem@25 178
philpem@25 179 a) it complies with the terms and conditions of this Agreement; and
philpem@25 180
philpem@25 181 b) its license agreement:
philpem@25 182
philpem@25 183 i) effectively disclaims 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;
philpem@25 184
philpem@25 185 ii) effectively excludes on behalf of all Contributors all liability for damages, including direct, indirect, special, incidental and consequential damages, such as lost profits;
philpem@25 186
philpem@25 187 iii) states that any provisions which differ from this Agreement are offered by that Contributor alone and not by any other party; and
philpem@25 188
philpem@25 189 iv) states that source code for the Program is available from such Contributor, and informs licensees how to obtain it in a reasonable manner on or through a medium customarily used for software exchange.
philpem@25 190
philpem@25 191
philpem@25 192 When the Program is made available in source code form:
philpem@25 193
philpem@25 194 a) it must be made available under this Agreement; and
philpem@25 195
philpem@25 196 b) a copy of this Agreement must be included with each copy of the Program.
philpem@25 197
philpem@25 198
philpem@25 199 Contributors may not remove or alter any copyright notices contained within the Program.
philpem@25 200
philpem@25 201 Each Contributor must identify itself as the originator of its Contribution, if any, in a manner that reasonably allows subsequent Recipients to identify the originator of the Contribution.
philpem@25 202
philpem@25 203
philpem@25 204 4. COMMERCIAL DISTRIBUTION
philpem@25 205
philpem@25 206 Commercial distributors of software 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, the Contributor who includes the Program in a commercial product offering should do so in a manner which does not create potential liability for other Contributors. Therefore, if a Contributor includes the Program in a commercial product offering, such Contributor ("Commercial Contributor") hereby agrees to defend and indemnify every other 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 Commercial Contributor in connection with its distribution of the Program in a commercial product offering. The obligations in this section do not apply to any claims or Losses relating to any actual or alleged intellectual property infringement. In order to qualify, an Indemnified Contributor must: a) promptly notify the Commercial Contributor in writing of such claim, and b) allow the Commercial Contributor to control, and cooperate with the Commercial Contributor in, the defense and any related settlement negotiations. The Indemnified Contributor may participate in any such claim at its own expense.
philpem@25 207
philpem@25 208 For example, a Contributor might include the Program in a commercial product offering, Product X. That Contributor is then a Commercial Contributor. If that Commercial Contributor then makes performance claims, or offers warranties related to Product X, those performance claims and warranties are such Commercial Contributor's responsibility alone. Under this section, the Commercial Contributor would have to defend claims against the other Contributors related to those performance claims and warranties, and if a court requires any other Contributor to pay any damages as a result, the Commercial Contributor must pay those damages.
philpem@25 209
philpem@25 210
philpem@25 211
philpem@25 212 5. NO WARRANTY
philpem@25 213
philpem@25 214 EXCEPT AS EXPRESSLY SET FORTH IN THIS AGREEMENT, THE PROGRAM IS PROVIDED 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, ERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE.
philpem@25 215
philpem@25 216 Each Recipient is solely responsible for determining the appropriateness of using and distributing 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.
philpem@25 217
philpem@25 218
philpem@25 219 6. DISCLAIMER OF LIABILITY
philpem@25 220
philpem@25 221 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.
philpem@25 222
philpem@25 223
philpem@25 224 7. GENERAL
philpem@25 225
philpem@25 226 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.
philpem@25 227
philpem@25 228 If Recipient institutes patent litigation against any entity (including a cross-claim or counterclaim 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 such Recipient's rights granted under Section 2(b) shall terminate as of the date such litigation is filed.
philpem@25 229
philpem@25 230 All Recipient's rights under this Agreement shall terminate if it 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 all Recipient's rights under this Agreement terminate, Recipient agrees to cease use and distribution of the Program as soon as reasonably practicable. However, Recipient's obligations under this Agreement and any licenses granted by Recipient relating to the Program shall continue and survive.
philpem@25 231
philpem@25 232 Everyone is permitted to copy and distribute copies of this Agreement, but in order to avoid inconsistency the Agreement is copyrighted and may only be modified in the following manner. The Agreement Steward reserves the right to publish new versions (including revisions) of this Agreement from time to time. No one other than the Agreement Steward has the right to modify this Agreement. The Eclipse Foundation is the initial Agreement Steward. The Eclipse Foundation may assign the responsibility to serve as the Agreement Steward to a suitable separate entity. Each new version of the Agreement will be given a distinguishing version number. The Program (including Contributions) 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 (including its Contributions) under the new version. Except as expressly stated in Sections 2(a) and 2(b) above, 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.
philpem@25 233
philpem@25 234 This Agreement is governed by the laws of the State of New York and the intellectual property laws of the United States of America. No party to this Agreement will bring a legal action under this Agreement more than one year after the cause of action arose. Each party waives its rights to a jury trial in any resulting litigation.
philpem@25 235
philpem@25 236
philpem@25 237 APPENDIX B
philpem@25 238
philpem@25 239 Copyright (C) 2001 Richard Herveille
philpem@25 240 richard@asics.ws
philpem@25 241
philpem@25 242 This source file may be used and distributed without restriction provided that this copyright statement is not removed from the file and that any derivative work contains the original copyright notice and the associated disclaimer.
philpem@25 243
philpem@25 244 THIS SOFTWARE IS PROVIDED "AS IS" AND WITHOUT ANY EXPRESS OR IMPLIED WARRANTIES, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. IN NO EVENT SHALL THE AUTHOR OR CONTRIBUTORS BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, OR CONSEQUENTIAL DAMAGES (INCLUDING, BUT NOT LIMITED TO, PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES; LOSS OF USE, DATA, OR PROFITS; OR BUSINESS INTERRUPTION) 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 OF THIS SOFTWARE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGE.
philpem@25 245
philpem@25 246
philpem@25 247 APPENDIX C
philpem@25 248
philpem@25 249 The following terms only apply to the executable code version of the SeaMonkey program made available with the Software ("the Product"):
philpem@25 250
philpem@25 251 The Product is subject to the Mozilla Public License, Version 1.1 (the "License"); you may not use the Product except in compliance with this License. You may obtain a copy of the License at http://www.mozilla.org/MPL/
philpem@25 252
philpem@25 253 The Product distributed under this license is distributed on an "AS IS" basis, WITHOUT WARRANTY OF ANY KIND, either express or implied. See the License for specific language governing rights and limitations under the License.
philpem@25 254
philpem@25 255 A source code version of the SeaMonkey program is available to you from:
philpem@25 256 http://www.seamonkey-project.org/releases/1.0.1
philpem@25 257
philpem@25 258
philpem@25 259 APPENDIX D
philpem@25 260
philpem@25 261 LATTICE SEMICONDUCTOR CORPORATION OPEN SOURCE LICENSE AGREEMENT
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philpem@25 263 This is a legal agreement between You (Licensee, either a company or an individual), and Lattice Semiconductor Corporation, the Provider (Licensor) of the Software. The Software subject to this Open Source License Agreement is the output files generated by the Provider's LatticeMico32 System. By proceeding with the installation, modification, use or distribution in whole or in part of Software that identifies itself as licensed under the Lattice Semiconductor Corporation Open Source License Agreement, You agree to be bound by the terms of this Agreement. If You do not agree to the terms of this Agreement, You are not permitted to use, modify or distribute the Software.
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philpem@25 266 1. The Provider grants to You a personal, non-exclusive right to use and distribute the source code of the Software provided that:
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philpem@25 268 - You make distributions free of charge under these license terms
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philpem@25 270 - You ensure that the original copyright notices and limitations of liability and warranty sections remain intact.
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philpem@25 273 2. The Provider grants to You a personal, non-exclusive right to modify the source code of the Software and incorporate it with other source code to create a Derivative Work (as defined below). At Your discretion, You may distribute this Derivative Work under terms of Your choosing provided:
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philpem@25 275 - You arrange Your design such that the Derivative Work is an identifiable module within Your overall design.
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philpem@25 277 - You distribute the source code associated with the modules containing the Derivative Work in a customarily accepted machine-readable format, free of charge under a license agreement that contains these license terms.
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philpem@25 279 - You ensure that the original copyright notices and limitations of liability and warranty sections remain intact.
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philpem@25 281 - You clearly identify areas of the source code that You have modified.
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philpem@25 284 "Derivative Work" means a version of the Software in source code form that contains modifications or additions to the original source code and includes all Software files used to implement Your design. Derivative Work does not include identifiable modules within Your design that are not derived from the Software and that can be reasonably considered independent and separate modules from the Software.
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philpem@25 287 3. The Provider grants to You a personal, non-exclusive right to use object code created from the Software or a Derivative Work to physically implement the design in devices such as a programmable logic devices or application specific integrated circuits. You may distribute these devices without accompanying them with a copy of this license or source code.
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philpem@25 290 4. This Software is provided free of charge. IN NO EVENT WILL THE PROVIDER OR ANY OF ITS SUPPLIERS BE LIABLE TO YOU OR ANY OTHER PERSON FOR ANY DAMAGES, INCLUDING ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, OR SPECIAL DAMAGES, WHETHER CHARACTERIZED AS EXPENSES, LOST PROFITS, LOST SAVINGS, OR OTHER DAMAGES OF ANY SORT, ARISING OUT OF THE USE OF OR INABILITY TO USE THE SOFTWARE, EVEN IF THE PROVIDER HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
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philpem@25 293 5. THE PROVIDER MAKES NO WARRANTIES WITH RESPECT TO THE SOFTWARE, WHETHER EXPRESSED, IMPLIED, STATUTORY, OR IN ANY OTHER PROVISION OF THIS AGREEMENT OR COMMUNICATION WITH YOU, AND THE PROVIDER SPECIFICALLY DISCLAIMS ANY IMPLIED WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMNT OF THIRD PARTY RIGHTS. THE PROVIDER DOES NOT WARRANT THAT USE OF THE SOFTWARE WILL BE UNINTERRUPTED OR ERROR FREE. YOU ASSUME RESPONSIBILITY FOR SELECTION OF THE SOFTWARE TO ACHIEVE ITS INTENDED RESULTS AND FOR THE PROPER INSTALLATION, USE, AND RESULTS OBTAINED FROM THE SOFTWARE. YOU ASSUME THE ENTIRE RISK OF THE SOFTWARE PROVING DEFECTIVE OR FAILING TO PERFORM PROPERLY, AND IN SUCH EVENT, YOU ASSUME THE ENTIRE COST AND RISK OF ANY REPAIR, SERVICE, CORRECTION, OR ANY OTHER LIABILITIES OR DAMAGES CAUSED BY OR ASSOCIATED WITH THE SOFTWARE. THE SOLE LIABILITIES AND REMEDIES ASSOCIATED WITH THE SOFTWARE ARE SET FORTH ABOVE.
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philpem@25 296 6. Export Control. You agree that neither the Software nor any Derivative Work will be exported, directly or indirectly, into any country or to any person or entity, in violation of laws or regulations of the United States government. This Agreement will be governed by the substantive laws of the State of Oregon, USA.
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philpem@25 299 7. Default and Termination. This Agreement will continue indefinitely, until and unless terminated. You may terminate this Agreement by destroying all copies of the materials to which this Agreement applies. The Agreement will terminate automatically if due to any event, including court judgment, You fail to perform any of Your obligations hereunder. In the event of termination, others that have received software from You under the terms of this Agreement may continue to use it provided they remain in compliance with the terms of this Agreement.
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philpem@25 302 8. Your use of this Software is governed by this Lattice Semiconductor Corporation Open Source License Agreement. However, depending on your design, the output files generated by the LatticeMico32 System may contain open source code provided by a third party. Specifically, the output files may contain open source code that is licensed pursuant to the terms attached to the Lattice Semiconductor Corporation LatticeMico32 System License Agreement as Appendix B. By agreeing to the terms of this Lattice Semiconductor Corporation Open Source License Agreement, you are also agreeing to use such code in accordance with the terms of the agreement under which such code has been licensed, if applicable.
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philpem@25 305 9. From time to time Lattice Semiconductor Corporation may issue revised versions of the Lattice Semiconductor Open Source License Agreement. Revisions will follow the spirit of this version but will contain adjustments and clarifications to address issues and concerns of Lattice and the user community.
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philpem@25 308 (c)2006-2010 Lattice Semiconductor Corporation. You may freely distribute the text of this Agreement provided you include this copyright notice. However, modifications to the substantive terms herein are not permitted.
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