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Sun Sep 15 14:33:30 2013 UTC (11 months, 1 week ago) by tomjbe
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Add SOPLA-3.0 for sci-electronics/systemc-2.3.0

1 SYSTEMC OPEN SOURCE LICENSE
2 (SOFTWARE DOWNLOAD AND USE LICENSE AGREEMENT VERSION 3.0)
3
4 PLEASE READ THIS LICENSE AGREEMENT CAREFULLY BEFORE CLICKING ON
5 THE "ACCEPT" BUTTON, AS BY CLICKING ON THE "ACCEPT" BUTTON YOU
6 ACKNOWLEDGE THAT YOU HAVE READ, UNDERSTOOD AND AGREE TO BE
7 BOUND BY THIS LICENSE AGREEMENT AND ALL OF ITS TERMS AND
8 CONDITIONS.
9
10 OPEN SYSTEMC INITIATIVE
11
12 The purpose of the following license agreement (the "Agreement") is to encourage
13 interoperability and development of a C++ modeling language known as "SystemC" for
14 system simulation and design (the "Purpose"). The SystemC software and other items
15 licensed hereunder are licensed, without fee of any kind, for use pursuant to the terms
16 and conditions set forth in this Agreement.
17
18 LICENSE AGREEMENT
19
20 THE CONTRIBUTORS ARE WILLING TO LICENSE THEIR RESPECTIVE CONTRIBUTIONS
21 TO YOU ONLY ON THE CONDITION THAT YOU ACCEPT ALL OF THE TERMS OF THIS
22 LICENSE AGREEMENT. IF YOU DO NOT AGREE TO ALL OF THE TERMS OF THIS
23 LICENSE AGREEMENT, THEN NO RIGHTS ARE GRANTED TO YOU HEREUNDER TO USE
24 ANY CONTRIBUTIONS. NOTWITHSTANDING ANYTHING TO CONTRARY, ANY USE,
25 REPRODUCTION OR DISTRIBUTION OF ANY CONTRIBUTION CONSTITUTES YOUR
26 ACCEPTANCE OF THIS AGREEMENT.
27
28 1. DEFINITIONS.
29
30 1.1 "Agreement" means this contract.
31
32 1.2 "Code Contribution" means any Contribution in the form of Source Code.
33
34 1.3 "Contribution" means any work of authorship that is deposited or
35 contributed in accordance with Section 3 in furtherance of the Purpose including,
36 without limitation, libraries, programs, specifications and User Documentation
37 and Modifications. Without limiting the generality of the foregoing, a list of all
38 Contributions which were deposited or contributed on or before July 13, 2006 is
39 set forth on Exhibit A attached hereto and incorporated herein by reference, all of
40 which are considered Contributions pursuant to this Agreement. A list of all
41 Contributions is available upon written request to OSCI and can also be found on
42 the Website. For purposes of clarification, all contributions licensed pursuant to
43 that certain SystemC Open Source License Agreement (Software Download and
44 Use License Agreement Version 2.4) shall constitute, and be treated as,
45 Contributions pursuant to this Agreement.
46
47 1.4 “Copyright Agreement” means any LRM and Copyright Contribution
48 Agreement entered into between OSCI and the signatory thereto at any time
49 prior to or after the date hereof.
50
51 1.5 Contribution Questionnaire” means the questionnaire attached hereto as
52 Exhibit C.
53
54 1.6 "Contributor" means any person or entity that makes a Contribution
55 pursuant to Section 3. For purposes of clarification, any person or entity
56 depositing or contributing, as part or all of a Contribution, a Contribution which
57 has previously been so deposited or contributed is not the Contributor of such re-
58 deposited Contribution for the purposes of this Agreement. A list of all
59 Contributors is available upon written request to OSCI and can also be found on
60 the Website.
61
62 1.7 "Contributor's Necessary Patent Claims" means those claims of all patents
63 owned or licensable by Contributor throughout the world that: (1) Contributor has
64 the right to license (within the scope set forth herein) without the obligation to pay
65 royalties or other consideration to third parties; and (2) are necessarily and
66 directly infringed solely by the portion of a computer program that either
67 implements, or is compiled from, either an unmodified Contribution or an OSCI
68 Release. For clarity, Contributor’s Necessary Patent Claims shall not include any
69 claim directed towards a data structure, method, algorithm, process, technique,
70 circuit representation, or circuit implementation that is not completely and entirely
71 described either in such Contributor's Contribution or in an OSCI Release.
72 Further, a Contributor’s Necessary Patent Claims shall not include any claim
73 based upon the combination of any Contribution or an OSCI Release with other
74 works of authorship, to the extent that the Contributor’s Necessary Patent Claims
75 are infringed as a result of such combination.
76
77 1.8 "Copyright Rights" means worldwide statutory and common law rights
78 associated solely with works of authorship including copyrights, copyright
79 applications, copyright registrations and "moral rights." For purposes of
80 clarification, patents are not included in Copyright Rights.
81
82 1.9 “Derivative” or “Derivative work” means a work based upon one or more
83 preexisting works, such as a translation, condensation, or any other form in
84 which a work may be recast, transformed, or adapted. A work consisting of
85 editorial revisions, annotations, elaborations, or other modifications, which, as a
86 whole, represent an original work of authorship, is a “derivative work”.
87
88 1.10 "Distribute" means making a Distribution.
89
90 1.11 "Distribution" means any distribution, sublicensing or other transfer of a
91 Contribution to any third party.
92
93 1.12 “Documentation” means, collectively, all User Documentation and OSCI
94 Documentation.
95
96 1.13 “Marks” means, collectively, the registered and unregistered marks and
97 logos that OSCI has licensed or otherwise authorized Recipient to use. All marks
98 and logos are listed on Exhibit D, which list may be amended from time to time
99 by OSCI to add or delete any marks or logos.
100
101 1.14 "Modification" means any additions or deletions to any Contribution.
102
103 1.15 “OSCI” means Open SystemC Initiative, a California nonprofit mutual
104 benefit corporation.
105
106 1.16 "OSCI Documentation" means the SystemC language reference manual
107 and any other materials assigned to OSCI pursuant to the Copyright Agreement.
108
109 1.17 “OSCI Release” means a Contribution or combination of Contributions
110 which is developed or created through the OSCI working group process, and the
111 final work approved for release by a OSCI working group, approved for release
112 by the OSCI steering group and approved for release by the board of directors of
113 OSCI. Examples of OSCI Releases include OSCI libraries and OSCI
114 specifications. OSCI Documentation shall be deemed to be included in the
115 definition of OSCI Release.
116
117 1.18 "Recipient" means any person or entity which receives any Contribution
118 under this Agreement. For legal entities, "Recipient" includes any entity that
119 controls, is controlled by, or is under common control with Recipient. For
120 purposes of this Section 1.18, "control" means beneficial ownership of fifty
121 percent (50%) or more of the outstanding shares or similar interest of such entity
122 entitled to vote for election of the board of directors or similar managing authority.
123
124 1.19 "Source Code" means human readable text in an electronic form suitable
125 for modification that describe the functions and data structures, including C, C++,
126 and other language modules, plus any associated interface definition files, scripts
127 used to control compilation and installation of a computer program, or a list of
128 source code differential comparisons.
129
130 1.20 "User Documentation" means all user guides, user manuals and other
131 similar materials related to any Contribution or an OSCI Release.
132
133 1.21 "Website” means OSCI’s Internet website located at
134 http://www.systemc.org.
135
136 2. GRANT OF RIGHTS
137
138 2.1 Subject to the terms of this Agreement, each Contributor hereby grants to
139 each Recipient a non-exclusive, worldwide, royalty-free license under such
140 Contributor's Copyright Rights to do the following:
141
142 (a) use, reproduce, prepare Derivative works of, publicly display,
143 publicly perform and Distribute any Contributions of such Contributor and
144 Derivative works thereof; and
145
146
147 (b) use the know-how, information and knowledge embedded in the
148 Contribution, without any obligation to keep the foregoing confidential so
149 long as the Recipient does not otherwise violate this Agreement.
150
151 2.2 OSCI hereby grants to each Recipient a non-exclusive, worldwide, royalty-
152 free license under OSCI's Copyright Rights to use, reproduce, prepare Derivative
153 works of, publicly display, publicly perform and Distribute the OSCI
154 Documentation and any Derivative works thereof, subject to the terms and
155 conditions of this Agreement.
156
157 2.3 Subject to the terms of this Agreement, each Contributor hereby grants to
158 each Recipient, a worldwide, royalty-free, non-exclusive license under such
159 Contributor's Necessary Patent Claims to make, have made, use, sell, offer for
160 sale, or import: (a) such Contributor's Contributions; (b) those portions of a
161 computer program that either implements, or is compiled from, the Contributor’s
162 unmodified Contribution; and (c) those portions of a computer program that
163 implement, or are compiled from, an OSCI Release.
164
165 2.4 Each Contributor represents that, to its knowledge, it has sufficient rights
166 in and to each of its Contributions to grant the licenses set forth in Sections 2.1
167 and 2.3. OSCI represents that, to its knowledge, it has sufficient rights in the
168 OSCI Documentation to grant the license set forth in Section 2.2.
169
170 2.5 Except as expressly stated in Sections 2.1, 2.2 and 2.3, Recipient
171 receives no rights or licenses to the intellectual property of any Contributor or
172 OSCI under this Agreement, whether expressly, by implication, estoppel or
173 otherwise. All rights in and to any Contribution not expressly granted under this
174 Agreement are reserved.
175
176 2.6 Except as specifically set forth in any Copyright Agreement, Contributor
177 shall ensure that transfers or assignments of all or any part of its right, title, and
178 interest in and to any Contributions contributed or deposited by Contributor
179 hereunder, including all Copyright Rights and patent rights embodied therein,
180 shall be subject to the rights expressly granted in this Agreement including,
181 without limitation, the licenses granted in Sections 2.1 and 2.3. Recipient shall
182 not remove or alter any proprietary notices contained in the Contributions
183 licensed to Recipient hereunder and shall reproduce and include such notices on
184 any copies of the Contributions made by Recipient in any media.
185
186 2.7 License to Marks.
187
188 (a) OSCI shall retain all right, title and interest in and to the Marks
189 worldwide, subject to the limited license granted to Recipient in this
190 Section 2.7. OSCI hereby grants Recipient a non-exclusive, royalty-free,
191 limited license to use the Marks solely in connection with its exercise of
192 the rights granted pursuant to this Agreement and to indicate that the
193 products being marketed by Recipient are compatible with, and meet the
194 standards of, OSCI Releases. All uses of the Marks shall be in
195 accordance with OSCI’s trademark usage policy set forth in Exhibit D.
196
197 (b) Recipient shall assist OSCI to the extent reasonably necessary to
198 protect and maintain the Marks worldwide, including, but not limited to,
199 giving prompt notice to OSCI of any known or potential infringement of the
200 Marks, and cooperating with OSCI in preparing and executing any
201 documents necessary to register the Marks, or as may be required by the
202 laws or rules of any country or jurisdiction. In its sole discretion, OSCI
203 may commence, prosecute or defend any action or claim concerning the
204 Marks. OSCI shall have the right to control any such litigation, and
205 Recipient shall fully cooperate with OSCI in any such litigation. OSCI shall
206 reimburse Recipient for the reasonable costs associated with providing
207 such assistance, except to the extent that such costs result from
208 Recipient’s breach of this Section 2.7. Recipient shall not commence any
209 action regarding the Marks without OSCI’s prior written consent.
210
211 (c) All goodwill with respect to the Marks shall accrue for the sole
212 benefit of OSCI. Recipient shall maintain the quality of any products,
213 associated packaging, collateral and marketing materials on which it uses
214 any of the Marks in a manner consistent with all terms, conditions and
215 requirements set forth in this Section 2.7 and at a level that meets or
216 exceeds Recipient’s overall reputation for quality and that is at least
217 commensurate with industry standards.
218
219 2.8 RECIPIENT UNDERSTANDS THAT ALTHOUGH EACH CONTRIBUTOR AND
220 OSCI GRANTS THE LICENSES SET FORTH HEREIN, NO ASSURANCES ARE
221 PROVIDED BY ANY CONTRIBUTOR OR OSCI THAT ANY OSCI RELEASE OR ANY
222 CONTRIBUTION, EITHER ALONE OR IN COMBINATION WITH ANY OTHER
223 CONTRIBUTION, DOES NOT INFRINGE THE PATENT OR OTHER INTELLECTUAL
224 PROPERTY RIGHTS OF ANY OTHER ENTITY. MOREOVER, NO ASSURANCES
225 ARE MADE THAT ANY CONTRIBUTION OF ONE CONTRIBUTOR DOES NOT
226 INFRINGE THE INTELLECTUAL PROPERTY RIGHTS OF ANOTHER CONTRIBUTOR.
227 EACH CONTRIBUTOR AND OSCI DISCLAIM ANY LIABILITY TO RECIPIENT FOR
228 CLAIMS BROUGHT BY ANY OTHER ENTITY BASED ON INFRINGEMENT OF
229 INTELLECTUAL PROPERTY RIGHTS OR OTHERWISE. In addition, as a condition
230 to exercising the rights and licenses granted hereunder, each Recipient hereby
231 assumes sole responsibility to secure any other intellectual property rights
232 needed, if any. For example, if a third party patent license is required to allow
233 Recipient to Distribute a computer program, then it is Recipient's responsibility to
234 acquire that license before Distributing such computer program.
235
236 3. DESCRIPTION AND DEPOSIT OF CONTRIBUTIONS
237
238 3.1 To the extent Recipient wishes to become a Contributor by making a
239 Contribution, such Contributor shall:
240
241 (a) (i) deposit such Contribution at the Website according to the
242 Contribution instructions found at such Website, or (ii) disclose such
243 Contribution at a meeting of any working group of OSCI;
244
245 (b) (i) describe such Contribution in reasonable detail on Exhibit B
246 (including the additions or changes such Contributor made to create the
247 Contribution and the date of any such changes or additions), (ii)
248 completing a Contribution Questionnaire with respect to such Contribution,
249 and (iii) delivering both documents to the Secretary of OSCI. All
250 Contributions made after the date hereof shall be effectuated by
251 Contributor (x) amending Exhibit B and delivering such amended Exhibit B
252 to the Secretary of OSCI, which amended exhibit shall automatically
253 replace the existing Exhibit B, (y) completing a Contribution Questionnaire
254 with respect to such Contribution, and (z) delivering both documents to the
255 Secretary of OSCI;
256
257 (c) cause such Contribution to contain a file documenting such
258 Contributor's name and contact information, additions or changes such
259 Contributor made to create the Contribution, and the date of any such
260 changes or additions; and
261
262 (d) cause such Contribution to include in each file a prominent
263 statement substantially similar to the following: "Any code contained in this
264 Contribution is derived, directly or indirectly, from the SystemC source
265 code. Copyright (c) 1996-{current year here} by all Contributors. All
266 Rights reserved. The contents of this file are subject to the restrictions
267 and limitations set forth in the SystemC Open Source License Version 3.0
268 (the "License"). You may not use this file except in compliance with such
269 restrictions and limitations. You may obtain instructions on how to receive
270 a copy of the License at http://www.systemc.org/. Software distributed by
271 Contributors under the License is distributed exclusively on an "AS IS"
272 basis, WITHOUT WARRANTY OF ANY KIND, either express or implied.
273 See the License for the specific language governing rights and limitations
274 under the License."
275
276
277 3.2 OSCI may from time to time publish policies and procedures regarding the
278 contribution or depositing of Contributions as well as establish additional details
279 regarding the contribution process. Without limiting the foregoing, OSCI or the
280 administrators of the Website shall have the right to remove any Contribution
281 from the Website at any time.
282
283 4. REQUIREMENTS OF DISTRIBUTION
284
285 4.1 A Recipient may choose to Distribute any Contribution or any compilation
286 of multiple Contributions (except for any Code Contributions) under its own
287 license agreement, provided that:
288
289 (a) Recipient complies with the terms and conditions of this
290 Agreement;
291
292 (b) as between Recipient and any other Contributor, Recipient
293 assumes all warranties and conditions, express and implied, and all
294 liability for damages arising out of its Distribution; and
295
296 (c) Recipient makes available to recipients of such Distribution the
297 Source Code for such Distributions, and inform them on how to obtain it in
298 a reasonable manner on or through a medium customarily used for
299 software exchange.
300
301 4.2 If a Recipient chooses to Distribute any Code Contribution or compilations
302 of Code Contributions then:
303
304 (a) such Code Contribution must be Distributed under this Agreement;
305 and
306
307 (b) a copy of this Agreement must be included with each copy of such
308 Code Contribution.
309
310 4.3 Each Recipient must include the following in a conspicuous location in the
311 Code Contribution so Distributed:
312
313 Copyright (c) 1996-{current year here}, by all Contributors.
314 All rights reserved.
315
316 4.4 In addition, each Recipient that creates and Distributes or otherwise
317 transfers a Modification whether or not such Modification has been deposited
318 pursuant to Section 3 must identify the originator of such Modification in a
319 manner that reasonably allows third parties to identify the originator of the
320 Modification.
321
322
323 4.5 A Recipient may choose to Distribute the OSCI Documentation under its
324 own license agreement, provided that Recipient complies with the terms and
325 conditions of this Agreement. Each Recipient must include the following in a
326 conspicuous location in the OSCI Documentation so Distributed or transferred:
327
328 Copyright (c) 1996-{current year here}, by Open SystemC
329 Initiative. All rights reserved.
330
331 In addition, each Recipient that creates and Distributes a modification or
332 Derivative work of the OSCI Documentation, whether or not such modification or
333 Derivative work has been contributed pursuant to a Copyright Agreement must
334 identify the originator of such modification or Derivative work in a manner that
335 reasonably allows third parties to identify the originator of the modification or
336 derivative work.
337
338 5. INDEMNIFICATION
339
340
341 Any Recipient which Distributes any Contribution and/or OSCI Release (a "Distributor")
342 may accept certain responsibilities with respect to end users, business partners and the
343 like. While this license is intended to facilitate the commercial use of Contributions
344 OSCI Documentation and OSCI Releases, a Distributor shall Distribute such
345 Contributions, OSCI Documentation and OSCI Releases in a manner which does not
346 create potential liability for the Contributors. Therefore each Distributor hereby agrees
347 to defend and indemnify every Contributor ("Indemnified Contributor") against any
348 losses, damages and costs (collectively "Losses") arising from claims, lawsuits and
349 other legal actions brought by a third party against the Indemnified Contributor to the
350 extent caused by the acts or omissions of such Distributor, including but not limited to
351 the terms and conditions under which Distributor offered such Contributions, OSCI
352 Documentation and/or OSCI Releases in connection with its Distribution thereof. The
353 obligations in this Section 5 do not apply to any claims or Losses relating to any actual
354 or alleged intellectual property infringement of any Contribution, OSCI Documentation or
355 OSCI Release. In order to qualify, an Indemnified Contributor must: (a) promptly notify
356 the Distributor in writing of such claim, and (b) allow the Distributor to control, and
357 cooperate with the Distributor in, the defense and any related settlement negotiations.
358 The Indemnified Contributor may participate in the defense of any such claim at its own
359 expense.
360
361 For example, a Recipient might include a Contribution in a commercial product offering,
362 Product X. That Recipient is then a Distributor. If that Distributor then makes
363 performance claims, or offers warranties, support, or indemnity or any other license
364 terms related to Product X, those performance claims, offers and other terms are such
365 Distributor's responsibility alone. Under this Section 5, the Distributor would have to
366 defend claims against the Contributors related to those performance claims, offers, and
367 other terms, and if a court requires any Contributor to pay any damages as a result, the
368 Distributor must pay those damages.
369
370 6. NO WARRANTY
371
372 EXCEPT AS EXPRESSLY SET FORTH IN THIS AGREEMENT, ALL CONTRIBUTIONS, OSCI
373 DOCUMENTATION AND OSCI RELEASES ARE PROVIDED EXCLUSIVELY ON AN "AS IS"
374 BASIS, WITHOUT WARRANTIES OR CONDITIONS OF ANY KIND, EITHER EXPRESS OR
375 IMPLIED INCLUDING, WITHOUT LIMITATION, ANY WARRANTIES OR CONDITIONS OF
376 TITLE, NON-INFRINGEMENT, MERCHANTABILITY OR FITNESS FOR A PARTICULAR
377 PURPOSE. EACH RECIPIENT IS SOLELY RESPONSIBLE FOR DETERMINING THE
378 APPROPRIATENESS OF ITS USE AND DISTRIBUTION OF ANY CONTRIBUTION, OSCI
379 DOCUMENTATION AND OSCI RELEASE AND ASSUMES ALL RISKS ASSOCIATED WITH
380 ITS EXERCISE OF RIGHTS UNDER THIS AGREEMENT, INCLUDING BUT NOT LIMITED TO
381 THE RISKS AND COSTS OF PROGRAM ERRORS, COMPLIANCE WITH APPLICABLE
382 LAWS, DAMAGE TO OR LOSS OF DATA, PROGRAMS OR EQUIPMENT, AND
383 UNAVAILABILITY OR INTERRUPTION OF OPERATIONS. THIS DISCLAIMER OR
384 WARRANTY CONSTITUTES AN ESSENTIAL PART OF THIS AGREEMENT. NO USE OF
385 ANY CONTRIBUTION, OSCI DOCUMENTATION OR OSCI RELEASE ARE AUTHORIZED
386 HEREUNDER EXCEPT UNDER THIS DISCLAIMER.
387
388 7. DISCLAIMER OF LIABILITY
389
390 EXCEPT AS EXPRESSLY SET FORTH IN THIS AGREEMENT, NONE OF THE RECIPIENTS,
391 CONTRIBUTORS OR OSCI SHALL HAVE ANY LIABILITY FOR ANY DIRECT, INDIRECT,
392 INCIDENTAL, SPECIAL, EXEMPLARY, PUNITIVE, OR CONSEQUENTIAL DAMAGES
393 (INCLUDING WITHOUT LIMITATION LOST PROFITS), HOWEVER CAUSED AND ON ANY
394 THEORY OF LIABILITY, WHETHER IN CONTRACT, STRICT LIABILITY, OR TORT
395 (INCLUDING NEGLIGENCE OR OTHERWISE) ARISING IN ANY WAY OUT OF THE USE OR
396 DISTRIBUTION OF ANY CONTRIBUTION, OSCI DOCUMENTATION OR OSCI RELEASE OR
397 THE EXERCISE OF ANY RIGHTS GRANTED HEREUNDER, EVEN IF ADVISED OF THE
398 POSSIBILITY OF SUCH DAMAGES.
399
400 8. U.S. GOVERNMENT USE
401
402 If Recipient is licensing any computer program on behalf of any unit or agency of the
403 United States Government, then such computer program is commercial computer
404 software, and, pursuant to FAR 12.212 or DFARS 227.7202 and their successors, as
405 applicable, shall be licensed to the Government under the terms and conditions of this
406 Agreement.
407
408 9. PATENT CLAIMS
409
410 If Recipient institutes patent litigation against any entity (including a cross-claim,
411 counterclaim or declaratory judgment claim in a lawsuit) alleging that any Contribution,
412 OSCI Release or combination of Contributions (excluding combinations of any
413 Contribution with other software or hardware) infringes such Recipient's patent(s), then
414 the rights granted to Recipient by each Contributor under Section 2 shall terminate as of
415 the date such litigation is filed.
416
417 10. TERMINATION
418
419 All Recipient's rights under this Agreement shall terminate if Recipient fails to comply
420 with any of the material terms or conditions of this Agreement and does not cure such
421 failure in a reasonable period of time after becoming aware of such noncompliance. If
422 such occurs, Recipient shall cease all use and Distribution of any Contributions of any
423 other Contributor, OSCI Documentation and OSCI Releases based upon the rights
424 granted to Recipient under this Agreement as soon as reasonably practicable.
425 However, Recipient's obligations under this Agreement and any licenses granted by
426 Recipient relating to any Contributions shall survive such termination.
427
428 11. LICENSE VERSIONS
429
430 OSCI may publish new versions (including revisions) of this Agreement from time to
431 time. Each new version of the Agreement will be given a distinguishing version number.
432 Any Contribution, OSCI Documentation or OSCI Release may always be Distributed
433 subject to the version of the Agreement under which it was received. In addition, after a
434 new version of the Agreement is published, Contributor may elect to Distribute any
435 Contribution, OSCI Documentation or OSCI Release under the new version. No one
436 other than OSCI, acting by a vote of at least seventy five percent (75%) of the members
437 of its Board of Directors, has the right to modify this Agreement; provided that Exhibit B
438 and Exhibit C may be amended as specifically set forth in Section 3.1(b), and Exhibit D
439 may be amended as specifically set forth in Section 1.13.
440
441 12. ELECTRONIC ACCEPTANCE
442
443 This Agreement may be executed either electronically or on paper. If this Agreement is
444 executed electronically, by clicking on the “Accept” button, Recipient warrants that it
445 agrees to all of the terms of this Agreement, that Recipient is authorized to enter into
446 this Agreement, and that this Agreement is legally binding upon Recipient. If Recipient
447 does not agree to be bound by this Agreement, then Recipient shall click the “Decline”
448 button and Recipient shall not receive any rights from the Contributors nor shall
449 Recipient download any Contributions, OSCI Documentation or OSCI Releases.
450
451 13. GENERAL
452
453 This Agreement represents the complete agreement concerning the subject matter hereof
454 and supersedes all prior agreements or representations, oral or written, regarding the
455 subject matter hereof. If any provision of this Agreement is invalid or unenforceable
456 under applicable law, it shall not affect the validity or enforceability of the remainder of the
457 terms of this Agreement, and without further action by the parties hereto, such provision
458 shall be reformed to the minimum extent necessary to make such provision valid and
459 enforceable. This Agreement shall be executed in multiple counterparts (either
460 electronically and/or on paper), each of which shall be deemed to be an original, but all of
461 which shall be one and the same Agreement. A facsimile or other copy of the Agreement
462 shall have the same force and effect as an originally executed copy thereof.
463
464
465 This Agreement is governed by the laws of California, without reference to conflict of
466 laws principles. Each party waives its rights to a jury trial in any resulting litigation. Any
467 litigation relating to this Agreement shall be subject to the jurisdiction of the Federal
468 Courts of the Northern District of California, with venue lying in Santa Clara County,
469 California, or the Santa Clara County Superior Court. The application of the United
470 Nations Convention on Contracts for the International Sale of Goods is expressly
471 excluded. The provisions of this Agreement shall be construed fairly in accordance with
472 its terms and no rules of construction for or against either party shall be applied in the
473 interpreting this Agreement. Recipient shall not use any Contribution, OSCI
474 Documentation or OSCI Release in violation of local and other applicable laws
475 including, but not limited to, the export control laws of the United States.
476
477
478 EXHIBIT A
479
480 List of Contributions as of July 13, 2006
481
482
483 Number Contribution
484
485 1. Updated TLM Proposal
486
487 2. TLM Extensions
488
489 3. Abstract titled "Transaction Level Modeling in SystemC"
490
491 4. Code and related material entitled "SCE-API Example - Standard Co-emulation APO v1.8
492 Spec and Routed Example"
493
494 5. Code and related material entitled "Simplebus v2.2 Example for SystemC v2.0.
495
496 6. Code and related material entitled "SystemC Generic Transaction Level Communication
497 Channel."
498
499 7. Review of TLM API code and related documents.
500
501 8. SystemC Verification Library version 1.0; versions 1.1, 1.2, 2.0, 2.0.1 of the SystemC modeling
502 language as released by OSCI and which are, or were, available for download on the website
503 prior to the agreement; version 2.1 (beta 11) of the SystemC modeling language to be
504 released and made available by OSCI for download on the website.
505
506 9. Code and related material entitled "System Design with SystemC Examples."
507
508 10. Presentation document titled "Towards a SystemC Transaction Level Modeling Standard,"
509 dated June 2004; presentation document titled "TLM Extensions," dated April 2004;
510 presentation document titled "Updated TLM Proposal," dated March 29, 2004; abstract titled
511 "Transaction Level Modeling in System C."
512
513 11. Code and related material entitled "MP3 Decoder Example plus Performance Benchmark."
514
515 12. SystemC October 12 Library.
516
517 13. Source code modifications to the SystemC Library embodied in the October 12, 2004 kit
518 (system_2_z_lib.oct_12_2004.tgz).
519
520 Source code modifications to the SystemC Regression Test Suite embodied in the October 12,
521 2004 kit (systemc_2_1_tests.oct_12_2004.tgz).
522
523 14. Synthesizable Subset 1.0.
524
525 15. TLM Contribution (Presentation documents; abstract; code; proposal dated 3/24/04).
526
527 16. Updated version of TLM kit
528
529 17. Code and related material “2.1 Beta Regression Tests”
530
531 18. Code and related material “OSCI SystemC 2.1 Beta”
532
533 19. SystemC 2.1
534
535 20. Assorted recommendations for enhancements, bug fixes and improved cross-platform support,
536 including project files for Microsoft Visual C++ versions 6.0 and 7.1 that are contained within
537 the files systemc-2.1.05may05.tgz and systemc_tests-2.105may05.tgz.
538
539 21. Minor modifications incorporated in SystemC 2.1 open source implementation dated July 14,
540 2005 to permit port to Microsoft VC++ Version 7.
541
542 22. Numerous modifications incorporated in SystemC 2.1 open source implementation dated July
543 14, 2005.
544
545 23. A collection of interfaces and implementations in SystemC for analysis objects.
546
547 A collection of interfaces and implementations in SystemC for configuring components in a
548 design.
549
550 24. Modifications to the most recent version of SCV which allow it to run under the SystemC-2.1v1
551 kit.
552
553 25. Set of header files intended to be included in the SystemC TLM Modelling library code. The
554 API provides for 1 interfaces: (a) “Atom at once (Variously called BA, PVT, CC) in which a
555 single atom is transported at once.
556
557 26. Modifications included in SystemC 2.2 library labeled “systemc-2.2.04feb06.tgz;”
558
559 Modifications included in SystemC 2.2 test suite labeled “systemc_tests-2.2.04feb06.tgz.”
560
561 27. Modifications to the SystemC 2.2 library to enable the port to gcc version 4;
562
563 Addition of compliance_1666 tests to the SystemC 2.2 regression test suite.
564
565 28. OSCI_TL3_2006_03_01.zip, including any updates of any of the foregoing, and
566 OSCI_SCML_Memory_and_Bitfield_2006_03_01.zip, including any updates of any of the
567 foregoing.
568
569 29. C++/SystemC Code for Mentor’s SMI System PVT channel implementation; An example of a
570 protocol specific SystemC PVT channel implementation; Design examples using the above
571 channel models; A white-paper describing the channel implementations.
572
573
574
575 EXHIBIT D
576
577 Trademark Usage Policy
578
579 I. LIST OF MARKS
580
581 1. Open SystemC
582
583 2. Open SystemC Initiative
584
585 3. OSCI
586
587 4. SystemC
588
589 5. SystemC Initiative
590
591 6. All logos that incorporate the foregoing word marks
592
593
594 II. PROPER USE OF MARKS
595
596 Trademarks and service marks function as adjectives and generally should not be used as
597 nouns or verbs. Accordingly, as often as possible, the Marks should be used as adjectives
598 immediately preceding the generic noun that refers to the service in question. For example:
599
600 The SystemC® software
601 The OSCI® LRM
602
603 No Possessives or Plurals. Since they are not nouns, the Marks should never be used in the
604 possessive or plural forms. For example, it is not appropriate to write “SystemC’s software.”
605
606 No Use as Verbs or as Puns. The Marks should never be used as verbs or as puns.
607
608
609 III. PROPER ATTRIBUTION
610
611 Trademark ownership is attributed in two ways, with the use of a symbol (TM, SM, ®) after the mark
612 and with a legal legend, usually found at the end of a document following the copyright notice.
613 Following are OSCI’s rules for symbols and legends to attribute the Marks:
614
615 Symbols:
616
617 Which Symbol Do I Use?
618 The Marks generally function as trademarks rather than servicemarks. Unless you are
619 specifically directed otherwise, please use the ® symbol after the Marks.
620
621 Where Do I Place the ® Symbol?
622 The ® symbol is placed immediately after the mark, either in superscript or subscript.
623
624 When Do I Use the Symbol?
625 The ® symbol is to be used after the Marks in the following instances:
626
627 Most Prominent Uses: A ® symbol is required after prominent uses of the Marks, e.g., in the
628 headlines and large print text of web pages, advertisements, other promotional materials and
629 press releases, except where space limitations or specific style considerations prevent
630 compliance with this requirement.
631
632 First Use in Text: A ® symbol is required after the first use of each Mark in text, e.g. advertising
633 copy or the body of press releases, even though the symbol may have already appeared in the
634 headline or after another prominent use of the mark in the same document.
635
636 All Logos: The ® symbol must appear after all logos incorporating the Marks.
637
638
639 IV. Legends
640
641 All Marks that appear on a web page or in a press release, advertisement or other written
642 material (whether in print or electronic form) must be attributed in an appropriate legend. The
643 legend may be presented in “mouseprint” but must be large enough to be read easily. Legends
644 generally appear at the end of a document or the bottom of a web page but may be placed
645 elsewhere, e.g. the inside cover of documentation.
646
647 The OSCI Legend: The following legend should be used in all materials in which any of the
648 Marks appear:
649
650 [Insert the Marks] are trademarks or registered trademarks of Open SystemC Initiative, Inc. in
651 the United States and other countries and are used with permission.
652
653
654 V. MARKS NEVER COMBINED
655
656 The Marks should never be combined with the marks of any business other than OSCI. The
657 Marks should always appear visually separate from any other marks appearing in the same
658 materials such that each mark creates a distinct commercial impression. It would, for instance,
659 not be appropriate to superimpose the logo of another business over any OSCI logo.
660
661
662 VI. LOGOS
663
664 Logos incorporating the Marks can only be used in the format provided to you by OSCI for
665 incorporation into your materials or web pages. The logos provided to you by OSCI cannot be
666 modified in any way without OSCI’s prior written approval. Logos copied from OSCI web pages
667 or other materials may not to be used. Please contact support@opensystemc.org to obtain
668 electronic files containing the OSCI logos and to ask any questions regarding the logos.

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