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Revision 1.1 - (show annotations) (download)
Sun Apr 11 11:47:22 2010 UTC (4 years, 4 months ago) by phajdan.jr
Branch: MAIN
CVS Tags: HEAD
add licenses for spin (spinroot.com)

1 LUCENT TECHNOLOGIES INC.
2 SPIN SOFTWARE PUBLIC LICENSE AGREEMENT
3
4 PLEASE READ THIS AGREEMENT CAREFULLY BEFORE PROCEEDING.
5 BY CLICKING ON THE "ACCEPT" BUTTON BELOW, OR BY DOWNLOADING,
6 INSTALLING, USING, COPYING, MODIFYING OR DISTRIBUTING THE
7 SOFTWARE OR DERIVATIVE WORKS THEREOF, YOU ARE CONSENTING TO
8 BE BOUND BY THIS AGREEMENT.
9 IF YOU DO NOT AGREE TO ALL OF THE TERMS OF THIS AGREEMENT,
10 CLICK ON THE "DO NOT ACCEPT" BUTTON BELOW AND THE
11 INSTALLATION/DOWNLOAD PROCESS WILL NOT CONTINUE.
12
13 1. DEFINITIONS
14 1.1
15 "Agreement" means this Lucent Technologies Inc. SPIN Software Public License Agreement.
16
17 1.2
18 "Contributor(s)" means any individual or entity that creates or contributes to a
19 Modification of the Original Software.
20
21 1.3
22 "Licensee" means an individual or a legal entity entering into and exercising rights
23 under this Agreement or future versions thereof.
24 For the purposes hereunder, Licensee includes any entity that controls, is controlled by,
25 or is under common control with Licensee. For purposes of this definition, "control"
26 means (i) the power, direct or indirect, to cause the direction or management of such
27 entity, whether by contract or otherwise;
28 or (ii) ownership of fifty percent (50%) or more of the controlling shares or beneficial
29 ownership of such entity. Licensee is also referred to herein as "You".
30
31 1.4
32 "Licensed Software" means the Original Software, Modifications, or any combination
33 of the Original Software and Modifications.
34
35 1.5
36 "LUCENT" means Lucent Technologies Inc., a Delaware corporation having an office
37 at 600 Mountain Ave., Murray Hill, NJ 07974, its related companies and/or affiliates.
38
39 1.6
40 "SPIN Software" means the source code for the logic model checking system named SPIN,
41 developed, copyrighted, and distributed by LUCENT.
42
43 1.7
44 "Modification(s)" means any addition, deletion, change, or improvement to the Original
45 Software or prior Modifications thereto. Modifications do not include additions to the
46 Original Software or prior Modifications which (i) are separate modules of software which
47 may be distributed in conjunction with Licensed Software; or (ii) are not derivative works
48 of the Licensed Software itself.
49
50 1.8
51 "Object Code" means machine readable software code.
52
53 1.9
54 "Original Contributor" means LUCENT.
55
56 1.10
57 "Original Software" means the SPIN Software, in both Source Code form and Object Code
58 form, and any associated documentation as originally developed by Original Contributor,
59 and as originally furnished under this Agreement.
60
61 1.11
62 "Recipient" means any individual or legal entity receiving the Licensed Software under
63 this Agreement, including all Contributors, or receiving the Licensed Software under
64 another license agreement as authorized herein.
65
66 1.12
67 "Source Code" means human readable software code.
68
69 2.0 GRANT of Rights
70 2.1
71 Subject to the terms of this Agreement, Original Contributor grants to Licensee, a royalty-free, nonexclusive,
72 non-transferable, worldwide license, subject to third party intellectual property claims, to use, reproduce,
73 modify, execute, display, perform, distribute and sublicense, the Original Software (with or without
74 Modifications) in Source Code form and/or Object Code form for commercial and/or non-commercial purposes
75 subject to the terms of this Agreement. This grant includes a nonexclusive and non-transferable license under
76 any patents which Original Contributor has a right to license and which, but for this license, are unavoidably
77 and necessarily infringed by the execution of the inherent functionality of the Original Software in the form
78 furnished under this Agreement. Nothing contained herein shall be construed as conferring by implication,
79 estoppel or otherwise any license or right under any existing or future patent claim which is directed to a
80 combination of the functionality of the Original Software with the functionality of any other software programs,
81 or a combination of hardware systems other than the combination of the Original Software and the hardware or
82 firmware into which the Original Software is loaded. Distribution of Licensed Software to third parties pursuant
83 to this grant shall be subject to the same terms and conditions as set forth in this Agreement, and may, at your
84 option, include a reasonable charge for the cost of any media. You may also, at your option, charge for any
85 other software, product or service which includes or incorporates the Original Software as a part thereof.
86
87 2.2
88 Subject to the terms of this Agreement, each Contributor grants to Licensee, a royalty-free, nonexclusive, non-
89 transferable, worldwide license, subject to third party intellectual property claims, to use, reproduce, modify,
90 execute, display, perform, distribute and sublicense, Modifications created by such Contributor in Source Code
91 form and/or Object Code form for commercial and/or non-commercial purposes subject to the terms of this
92 Agreement. This grant includes a nonexclusive and non-transferable license under any patents which such
93 Contributor has a right to license and which, but for this license, are unavoidably and necessarily infringed by
94 the execution of the inherent functionality of the Modifications in the form furnished under this Agreement.
95 Nothing contained herein shall be construed as conferring by implication, estoppel or otherwise any license or
96 right under any existing or future patent claim which is directed to a combination of the functionality of the
97 Modifications with the functionality of any other software programs, or a combination of hardware systems
98 other than the combination of Modifications and the hardware or firmware into which the Modifications are
99 loaded. Distribution of Modifications to third parties pursuant to this grant shall be subject to the same terms
100 and conditions as set forth in this Agreement, and may, at your option, include a reasonable charge for the cost
101 of any media. You may also, at your option, charge for any other software, product or service which includes or
102 incorporates the Original Software as a part thereof.
103
104 3.0 DISTRIBUTION OBLIGATIONS
105 3.1
106 Modifications which You create or to which You contribute are governed by the terms of this Agreement and
107 must be made available under the terms this Agreement in at least the same form as the Source Code version of
108 Licensed Software furnished hereunder. Any distribution by You of the Source Code version of Licensed
109 Software must be made under the terms of this Agreement or any future version of this Agreement under
110 Section 11.0, and You must include a copy of this Agreement with each and every copy of such Source Code
111 version of Licensed Software which You distribute. You may not offer or impose any terms on any such
112 Source Code version of Licensed Software that alters or restricts the terms of the applicable version of this
113 Agreement or the Recipients" rights and obligations hereunder.
114
115 3.2
116 You must cause all Licensed Software to which You contribute, i.e. Your Modifications, to contain a clear
117 identification, e.g., a separate file, documenting the changes made by You and identifying You as the
118 Contributor that reasonably allows subsequent Recipients to identify the originator of the Modification. To the
119 extent You create at least one Modification, You may add Your name as a Contributor to the requisite notice
120 described in Section 3.3.
121
122 3.3
123 With respect to Your distribution of Licensed Software (or any portion thereof), You must include the following
124 information in a conspicuous location governing such distribution (e.g., a separate file) and on all copies of any
125 Source Code version of Licensed Software You distribute:
126 "The contents herein includes software initially developed by Bell Laboratories, Lucent Technologies Inc.,
127 and is subject to the terms of the Lucent Technologies Inc. SPIN Software Public License Agreement.
128 A copy of the SPIN Software Public License Agreement is available at:
129
130 http://cm.bell-labs.com/cm/cs/what/spin/SPIN_public_license.txt
131
132 or by contacting Lucent Technologies at spin_list@research.bell-labs.com.
133
134 All software distributed under such Agreement is distributed on an "AS IS" basis,
135 WITHOUT WARRANTY OF ANY KIND, either express or implied. See the SPIN Software
136 Public License Agreement for the specific language governing all rights, obligations
137 and limitations under such Agreement.
138 Portions of the software developed by Lucent Technologies Inc. are Copyright 1989-2001.
139 All rights reserved.
140 Contributor(s):___________________________"
141
142 3.4
143 You may distribute Licensed Software in Object Code form using this Agreement, or under a license of Your
144 choice provided that You are in compliance with this Agreement and Your license: (a) complies with the terms
145 and conditions of this Agreement; (b) does not limit or alter the Recipient"s rights and obligations in the Source
146 Code version of the Licensed Software set forth in this Agreement; (c) states that the Source Code version of
147 the Licensed Software is available from You, and describes how to it may be obtained by Recipient; (d)
148 effectively disclaims on behalf of Original Contributor and all Contributors all warranties and conditions,
149 express or implied, including warranties or conditions of title or non-infringement, and implied warranties or
150 conditions of merchantability and fitness for a particular purpose; (e) effectively excludes on behalf of Original
151 Contributor and all Contributors all liability for damages, including direct, indirect, special, incidental, and
152 consequential damages; and (f) clearly states that any terms which differ from this Agreement are offered by
153 You alone, not by Original Contributor or any other Contributor. You hereby agree to indemnify Original
154 Contributor or any other Contributor for any liability incurred by Original Contributor or any other Contributor
155 as result of any such differing terms You offer in Your license.
156
157 3.5
158 You may not use the names "Lucent Technologies", "Bell Labs" or any other name associated with LUCENT
159 or any LUCENT trademark for any purposes other than as specifically provided in Section 3.0.
160
161 3.6
162 You must include all of the original copyright, labels or other notices on the Licensed Software on any copies of
163 the Licensed Software which You make; and include with the distribution of any Modifications You create a
164 copy (or an offer to provide such a copy at no charge) of the Licensed Software, on the same terms as set forth
165 in this Agreement.
166
167 3.7
168 While this Agreement contemplates the commercial use and distribution of Licensed Software, commercial
169 distributors of software may, for a variety of reasons, accept certain responsibilities with respect to customers,
170 licensees, business partners and the like. As such, if You or any Contributor include Licensed Software in a
171 commercial offering ("Commercial Contributor"), such Commercial Contributor agrees to defend and
172 indemnify Original Contributor and all other Contributors (collectively "Indemnified Contributors") against
173 any liability, losses, damages and costs arising from claims, lawsuits and other legal actions brought by any
174 third party against the Indemnified Contributors to the extent caused by the acts or omissions of such
175 Commercial Contributor in connection with its use or distribution of Licensed Software in a commercial
176 offering of any kind.
177
178 4.0 MODIFICATIONS.
179 You agree to provide the Original Contributor, at its request, with a copy of the complete
180 Source Code version, Object Code version and related documentation for Modifications created or contributed to by
181 You. Original Contributor and/or other Contributors shall have unrestricted, nonexclusive, worldwide, perpetual,
182 royalty-free rights, to use, reproduce, modify, display, perform, sublicense and distribute Your Modifications, and to
183 grant third parties the right to do so, including without limitation as a part of or with the Licensed Software; and
184 Original Contributor and/or other Contributors shall have the right to license or to otherwise transfer to third parties
185 Your Modifications without notice, obligation or recourse to You. You grant to Original Contributor, Contributors
186 and their respective licensees all rights and licenses (including patents) as are necessary to incorporate the
187 Modifications created or contribute by You into the Licensed Software and to use, distribute or otherwise exploit
188 such Licensed Software without payment or accounting to You.
189
190 5.0 TITLE.
191 Title, ownership rights, and intellectual property rights in the Original Software shall remain in the
192 Original Contributor. Original Contributor and/or the other Contributors reserve all rights not expressly granted to
193 You, and no other licenses are granted or implied.
194 The Licensed Software is protected by copyright laws and treaties.
195
196 6.0 TERMINATION
197 6.1
198 The licenses and rights granted under this Agreement shall terminate automatically if (i) You fail to comply
199 with all of the terms and conditions herein; or (ii) You initiate or participate in any intellectual property action
200 against Original Contributor and/or another Contributor.
201
202 6.2
203 The rights and obligations of the parties hereto which by their nature would continue beyond termination of this
204 Agreement shall survive and continue after any such termination of this Agreement.
205
206 6.3
207 Upon termination for any reason, You must destroy all copies of the Licensed Software in your possession. All
208 sublicenses of Licensed Software which were validly granted by You to third parties under this Agreement shall
209 survive such termination.
210
211 7.0 DISCLAIMER OF WARRANTY.
212 YOU UNDERSTAND AND ACKNOWLEDGE THAT, TO THE
213 FULLEST EXTENT PERMITTED BY LAW, THE LICENSED SOFTWARE IS LICENSED UNDER THIS
214 AGREEMENT FREE OF CHARGE ON AN "AS IS" BASIS WITH ALL FAULTS, LATENT AND PATENT
215 AND WITHOUT ANY WARRANTY OF ANY TYPE. ORIGINAL CONTRIBUTOR AND THE OTHER
216 CONTRIBUTORS MAKE NO REPRESENTATIONS OR WARRANTIES, EXPRESSED OR IMPLIED. BY
217 WAY OF EXAMPLE, BUT NOT OF LIMITATION, ORIGINAL CONTRIBUTOR AND THE OTHER
218 CONTRIBUTORS MAKE NO REPRESENTATIONS OF MERCHANTABILITY OR FITNESS FOR A
219 PARTICULAR PURPOSE OR THAT THE USE OF THE LICENSED SOFTWARE WILL NOT INFRINGE ANY
220 PATENT OR OTHER INTELLECTUAL PROPERTY RIGHT OF ANY THIRD PARTY AND IT SHALL BE
221 THE SOLE RESPONSIBILITY OF YOU TO MAKE SUCH DETERMINATION AS IS NECESSARY WITH
222 RESPECT TO THE ACQUISITION OF LICENSES UNDER PATENTS OR OTHER INTELLECTUAL
223 PROPERTY RIGHTS OF THIRD PARTIES. ORIGINAL CONTRIBUTOR AND THE OTHER
224 CONTRIBUTORS DO NOT WARRANT THAT THE FUNCTIONS OF THE LICENSED SOFTWARE WILL
225 MEET YOUR REQUIREMENTS OR THAT LICENSED SOFTWARE OPERATION WILL BE ERROR-FREE
226 OR UNINTERRUPTED. YOU ASSUME THE RISK OF ANY AND ALL DAMAGE OR LOSS FROM USE, OR
227 INABILITY TO USE, THE LICENSED SOFTWARE. ORIGINAL CONTRIBUTOR AND THE OTHER
228 CONTRIBUTORS BEAR NO RESPONSIBILITY FOR CORRECTING THE LICENSED SOFTWARE,
229 SUPPLYING ASSISTANCE FOR FIXING, OR FOR COMMUNICATING KNOWN ERRORS TO YOU
230 PERTAINING TO THE LICENSED SOFTWARE FURNISHED HEREUNDER.
231
232 ORIGINAL CONTRIBUTOR AND THE OTHER CONTRIBUTORS SHALL NOT BE HELD TO ANY
233 LIABILITY WITH RESPECT TO ANY PATENT INFRINGEMENT OR ANY OTHER CLAIM MADE BY YOU
234 OR ANY THIRD PARTY ON ACCOUNT OF, OR ARISING FROM THE USE OF, THE LICENSED
235 SOFTWARE PROVIDED HEREUNDER.
236
237 SOME STATES DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE
238 EXCLUSION MAY NOT APPLY TO YOU. YOU MAY ALSO HAVE OTHER RIGHTS WHICH VARY FROM
239 JURISDICTION TO JURISDICTION.
240
241 8.0 LIMITATION OF LIABILITY.
242 UNDER NO CIRCUMSTANCES AND UNDER NO LEGAL THEORY,
243 TORT, CONTRACT, OR OTHERWISE, SHALL ORIGINAL CONTRIBUTOR AND/OR THE OTHER
244 CONTRIBUTORS BE LIABLE TO YOU OR ANY OTHER THIRD PARTY FOR DAMAGES OF ANY KIND
245 INCLUDING, BUT NOT LIMITED TO, ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, OR
246 CONSEQUENTIAL DAMAGES OF ANY CHARACTER WHATSOEVER INCLUDING, WITHOUT
247 LIMITATION, DAMAGES FOR LOSS OF GOODWILL, WORK STOPPAGE, COMPUTER FAILURE OR
248 MALFUNCTION, OR ANY AND ALL OTHER COMMERCIAL DAMAGES OR LOSSES, EVEN IF THE
249 ORIGINAL CONTRIBUTOR AND/OR ANY OTHER CONTRIBUTORS SHALL HAVE BEEN INFORMED OF
250 THE POSSIBILITY OF SUCH DAMAGES, OR FOR ANY CLAIM BY ANY OTHER PARTY.
251 FURTHERMORE, SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF
252 INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THIS LIMITATION AND EXCLUSION MAY NOT
253 APPLY TO YOU. TO THE EXTENT THAT ANY EXCLUSION OF DAMAGES ABOVE IS NOT VALID, YOU
254 AGREE THAT IN NO EVENT WILL ORIGINAL CONTRIBUTOR"S AND ALL OTHER CONTRIBUTORS"
255 TOTAL LIABILITY UNDER OR RELATED TO THIS AGREEMENT EXCEED ONE THOUSAND DOLLARS
256 ($1000.00 US).
257
258 9.0 EXPORT CONTROL.
259 You acknowledge that the Licensed Software hereunder is "publicly available" as the
260 term is defined under the United States export administration regulations and is not subject to export control under
261 such laws and regulations. However, if You modify the Licensed Software to change (or otherwise affect) such
262 publicly available status You agree that You alone are responsible for compliance with the United States export
263 administration regulations and hereby indemnify the Original Contributor and all other Contributors for any liability
264 incurred as a result of Your actions which resulted in any change in the export status of the Licensed Software as
265 furnished hereunder.
266
267 10.0 U.S. GOVERNMENT RIGHTS.
268 You may only acquire the Licensed Software on behalf of, or for delivery
269 to, any part of the United States Government, if the Licensed Software is treated as commercial computer software
270 and licensed to the Government under the terms and conditions of this Agreement, pursuant to the policies stated in
271 48 C.F.R. Section 12.212 (October 1995) or 48 C.F.R. Section 227.7202 (June 1995), as applicable.
272
273 11.0 LICENSE VERSIONS.
274 LUCENT, at its sole discretion, may from time to time publish a revised and/or new
275 version of this Agreement (each such revised or new version shall carry a distinguishing version number) which
276 shall govern all copies of Licensed Software downloaded after the posting of such revised or new version of this
277 Agreement.
278
279 12.0 MISCELLANEOUS.
280 This Agreement sets forth the entire agreement and understanding between the parties
281 as to the subject matter hereof and merges all prior discussions between them. This Agreement shall be governed by
282 the laws of the State of New York, USA, excluding its conflict of law provisions. The application of the United
283 Nations Convention of Contracts for the International Sale of Goods is expressly excluded.
284 YOUR DOWNLOAD, INSTALLATION AND USE, MODIFICATION OR DISTRIBUTION OF THE LICENSED SOFTWARE IS
285 EXPRESSLY MADE CONDITIONAL ON YOUR ASSENT TO THE TERMS SET FORTH HEREIN. You further
286 agree and acknowledge that by clicking on the "ACCEPT" button below, You shall have manifested acceptance to
287 enter into this Agreement and shall be deemed to have manually signed and executed this Agreement making this an
288 enforceable Agreement between the parties. If any provision of this Agreement is held to be unenforceable, such
289 provision shall be reformed only to the extent necessary to make it enforceable.
290 YOU ACKNOWLEDGE THAT YOU HAVE READ THIS AGREEMENT AND UNDERSTAND IT, AND THAT
291 BY CLICKING ON THE "ACCEPT" BUTTON BELOW AND INSTALLING/DOWNLOADING THE
292 SOFTWARE YOU ACCEPT AND AGREE TO BE BOUND BY THE TERMS AND CONDITIONS OF THIS AGREEMENT.
293
294 SPIN Software Public License " Version 1.0 " 05/15/01

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