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Synopsys OpenVera™ License Agreement
Version 1.0
THE ACCOMPANYING LANGUAGE IS PROVIDED UNDER THE TERMS OF THIS SYNOPSYS OPENVERA LICENSE ("AGREEMENT"). ANY USE, REPRODUCTION OR DISTRIBUTION OF THE LANGUAGE CONSTITUTES RECIPIENT'S ACCEPTANCE OF THIS AGREEMENT.
1. DEFINITIONS
"Contribution" means:
a) in the case of Synopsys, Inc. ("Synopsys"), the Original Language, and
b) in the case of each Contributor,
i) changes to the Language, and
ii) additions to the Language;
where such changes and/or additions to the Language originate from and are distributed by that particular Contributor. A Contribution 'originates' from a Contributor if it was made by such Contributor itself or anyone acting on such Contributor's behalf. A Contribution does not include computer code in source or object form.
"Contributor" means Synopsys and any other entity that makes a Contribution or distributes the Language.
"Language" means the Original Language and Contributions.
"Licensed Patents" mean a Contributor's licensable patent claims with at least one element relating to the Language, to the extent that such claims are necessarily infringed by the use or sale of its Contribution alone or as part of the Language.
"Original Language" means the original version of the OpenVera Hardware Verification Language in the Language Reference Manual released by Synopsys accompanying this Agreement.
"Program" means an executable computer program which either (i) accepts input in the Language and uses such input to produce output for functional verification of integrated circuits or (ii) produces output in the Language and such output is used for functional verification of integrated circuits.
"Recipient" means anyone who receives the Language under this Agreement, including all Contributors.
2. GRANT OF RIGHTS
- Subject to the terms of this Agreement, each Contributor hereby grants Recipient a non-exclusive, worldwide, royalty-free copyright license to reproduce in electronic or printed media, prepare derivative works of, publicly display, publicly perform, distribute in electronic or printed media the Contribution of such Contributor, if any, on condition that the Recipient uses this license only to develop and/or sell a Program and/or operate a Program as an end user.
- Subject to the terms of this Agreement, each Contributor hereby grants Recipient a non-exclusive, worldwide, royalty-free patent license under that Contributor's Licensed Patents to make, use, sell, offer to sell, import and otherwise transfer the Contribution of such Contributor, if any, on condition that the Recipient uses this license only to develop and/or sell a Program and/or operate a Program as an end user. This patent license shall apply to the combination of the Contribution and the Language 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 scope of a Contributor's Licensed Patents shall be limited solely to the manufacture, use or sale of that Contributor's Contribution alone or as part of the Language. The patent license shall not apply to any other combinations that include the Contribution.
- Recipient understands that although each Contributor grants the licenses to its Contributions set forth herein, no assurances are provided by any Contributor that the Language 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 Language, it is Recipient's responsibility to acquire that license before distributing the Language.
- 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.
- No trademark license is granted herein to use the name VERA or OpenVera.
3. REQUIREMENTS
When a Contributor distributes the Language or Language Reference Manual, in whole or in part:
- it must be made available under this Agreement; and
- a copy of this Agreement must be included with each such distribution.
Each Contributor must include the following legends in a conspicuous location in the Language Reference Manual as distributed:
Copyright © 2001 - {date here}, Synopsys, Inc. and others. All Rights reserved. OpenVera™ is a trademark of Synopsys, Inc.
In addition, 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.
4. COMMERCIAL DISTRIBUTION
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 Language, the Contributor who includes the Language 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 Language 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 Language in or in connection with 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.
For example, a Contributor might include the Language 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.
5. NO WARRANTY
EXCEPT AS EXPRESSLY SET FORTH IN THIS AGREEMENT, THE LANGUAGE 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, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. Each Recipient is solely responsible for determining the appropriateness of using and distributing the Language and assumes all risks associated with its exercise of rights under this Agreement, including but not limited to the risks and costs of Language errors, compliance with applicable laws, damage to or loss of data, programs or equipment, and unavailability or interruption of operations.
6. DISCLAIMER OF LIABILITY
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 LANGUAGE OR THE EXERCISE OF ANY RIGHTS GRANTED HEREUNDER, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
7. GENERAL
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.
If Recipient institutes patent litigation against any entity (including a cross-claim or counterclaim in a lawsuit) alleging that the Language itself (excluding combinations of the Language with 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.
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 Language as soon as reasonably practicable. However, Recipient's obligations under this Agreement and any licenses granted by Recipient relating to the Language shall continue and survive.
Synopsys may publish new versions (including revisions) of this Agreement from time to time. Each new version of the Agreement will be given a distinguishing version number. The Language (including Contributions) may always be used and/or 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 Language (including its Contributions) under the new version. No one other than Synopsys has the right to modify this Agreement. 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 Language not expressly granted under this Agreement are reserved.
This Agreement is governed by the laws of California, without reference to conflict of laws principles. Each party waives its rights to a jury trial in any resulting litigation.
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