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commit: e636d78d8939b0af6323120519e4747ec3ba9eef |
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Author: Ian Delaney <idella4 <AT> gentoo <DOT> org> |
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AuthorDate: Sun Dec 27 04:51:17 2015 +0000 |
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Commit: Ian Delaney <idella4 <AT> gentoo <DOT> org> |
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CommitDate: Sun Dec 27 10:07:59 2015 +0000 |
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URL: https://gitweb.gentoo.org/repo/gentoo.git/commit/?id=e636d78d |
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|
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licenses/Quartus-prime-megacore: Add new license supporting new ebuild quartus-prime-lite |
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|
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licenses/Quartus-prime-megacore | 1828 +++++++++++++++++++++++++++++++++++++++ |
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1 file changed, 1828 insertions(+) |
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diff --git a/licenses/Quartus-prime-megacore b/licenses/Quartus-prime-megacore |
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new file mode 100644 |
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index 0000000..bd37fed |
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--- /dev/null |
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+++ b/licenses/Quartus-prime-megacore |
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@@ -0,0 +1,1828 @@ |
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+QUARTUS(R) PRIME LICENSE AGREEMENT VERSION 15.1, ALL |
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+DISTRIBUTIONS (WEB DOWNLOAD, DVDS) |
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+ |
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+ |
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+Copyright (C) 1991-2015 Altera(R) Corporation. All rights |
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+reserved. "Quartus" is a registered trademark of Altera Corporation |
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+in the U.S. and other countries. Any other trademarks and trade names |
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+referenced here are the property of their respective owners. Certain |
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+files, programs, or other materials provided in connection with the |
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+Licensed Software may originate or contain components from Third Party |
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+Licensors and are licensed to You pursuant to the terms of the |
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+applicable Third Party License appearing upon activation or |
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+installation of the Licensed Software, and/or are contained or |
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+described in associated release notes, header source files, or other |
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+documentation. Any such additional terms, and conditions or |
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+restrictions will also be listed in a separate file called "Third |
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+Party Licenses document". You agree to carefully review and comply |
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+with the terms of such Third Party Licenses. NOTWITHSTANDING ANYTHING |
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+TO THE CONTRARY IN THE AGREEMENT, AS BETWEEN LICENSEE AND ALTERA, AND |
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+TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, ALL SUCH THIRD |
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+PARTY LICENSES SHALL BE SUBJECT TO PARAGRAPH 11 (DISCLAIMER OF |
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+WARRANTIES), PARAGRAPH 13 (LIMITATION OF LIABILITY) AND PARAGRAPH 14 |
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+(GOVERNING LAW). ALTERA OFFERS NO WARRANTIES (WHETHER EXPRESS OR |
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+IMPLIED); INDEMNIFICATION; AND/OR SUPPORT OF ANY KIND WITH RESPECT TO |
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+THIRD PARTY MATERIALS, EXCEPT THAT WE WILL PASS THROUGH TO YOU, IF AND |
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+TO THE EXTENT AVAILABLE, ANY WARRANTIES EXPRESSLY PROVIDED TO US BY |
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+THIRD PARTY LICENSORS RELATING TO SUCH THIRD PARTY MATERIALS. |
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+ |
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+PLEASE REVIEW THE FOLLOWING TERMS AND CONDITIONS IN THIS QUARTUS PRIME |
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+VERSION 15.1 STANDARD LICENSE AGREEMENT (THE "QUARTUS |
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+AGREEMENT" OR "AGREEMENT") CAREFULLY BEFORE DOWNLOADING, INSTALLING OR |
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+USING THE LICENSED SOFTWARE. BY (A) DOWNLOADING, INSTALLING OR USING |
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+THE LICENSED SOFTWARE; OR (B) PAYING A LICENSE FEE OR OTHER FEE TO |
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+ALTERA; OR (C) PAYING A FEE TO AN AUTHORIZED DISTRIBUTOR, YOU INDICATE |
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+YOUR ACCEPTANCE OF THIS QUARTUS AGREEMENT OR THE AGREEMENT BETWEEN YOU |
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+AND THE AUTHORIZED DISTRIBUTOR FROM WHICH YOU HAVE ACQUIRED THE |
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+LICENSE. IN THE EVENT OF ANY INCONSISTENCY BETWEEN THE TERMS OF THIS |
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+QUARTUS AGREEMENT AND YOUR AGREEMENT WITH AN AUTHORIZED DISTRIBUTOR, |
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+THIS QUARTUS AGREEMENT WILL GOVERN AND CONTROL, EXCEPT WITH REGARDS TO |
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+PAYMENT TERMS. |
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+ |
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+IF YOU DO NOT AGREE WITH THE TERMS AND CONDITIONS OF THIS QUARTUS |
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+AGREEMENT OR THE TERMS OF ANY THIRD PARTY LICENSES, DO NOT DOWNLOAD, |
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+INSTALL, OR USE THE LICENSED SOFTWARE. IF YOU HAVE ALREADY |
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+DOWNLOADED THE LICENSED SOFTWARE, PLEASE UNINSTALL IT AND IRREVOCABLY |
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+DESTROY IT AND ANY COPIES YOU HAVE MADE AS SOON AS POSSIBLE. IF YOU |
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+HAVE RECEIVED A COPY OF THE LICENSED SOFTWARE ON A DVD OR OTHER MANNER |
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+THAN ELECTRONIC DOWNLOAD, PLEASE RETURN THE LICENSED SOFTWARE UNUSED |
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+TO ALTERA OR THE AUTHORIZED DISTRIBUTOR FROM WHICH YOU OBTAINED THE |
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+LICENSE PROMPTLY. |
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+ |
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+1. Definitions. |
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+ |
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+"Altera" means Altera Corporation, a Delaware corporation with a place |
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+of business at 101 Innovation Drive, San Jose, California 95134 U.S.A. |
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+including its affiliates and subsidiaries worldwide. |
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+ |
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+"Altera Devices" means programmable logic devices, including field |
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+programmable gate arrays ("FPGAs") devices, complex programmable logic |
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+devices ("CPLDs"), SoC devices, and/or any other semiconductor |
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+devices designed, developed or manufactured by or on behalf of Altera. |
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+ |
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+"Authorized Distributor" means a reseller, OEM, ODM, or any |
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+distributor that is authorized by Altera to license the Licensed |
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+Software to end users in a valid agreement entered into between Altera |
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+and such reseller or distributor. |
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+ |
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+"Checkout License" means a time-limited license granted by Altera |
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+associated with an existing Floating License to install and Use the |
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+Licensed Software on a single fixed standalone computer for use by a |
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+single user. This license shall expire after a specified time as |
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+designated by Altera. The total number of Checkout Licenses that may |
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+be granted in relation to a single Floating License may not exceed the |
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+total number of individual Seats associated with such Floating |
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+License. |
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+ |
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+"Concurrent Users" means the number of simultaneous Users accessing |
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+the Licensed Software. For example, a 20-use concurrent use license |
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+would allow 20 Users to log in and use the Licensed Software at one |
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+time, but the 21st User attempting to log in would be blocked and |
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+unable to do so until one other User logs out. |
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+ |
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+"Confidential Information" means and includes, but is not limited to: |
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+(i) the Licensed Software (whether provided in source code or binary |
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+form, including any modifications, derivatives, updates and upgrades |
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+thereto) and the algorithms, concepts, techniques, methods, and |
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+processes embodied therein; (ii) the Licensed Products and all |
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+information and specifications associated therewith; (iii) any |
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+business, marketing, technical, scientific or financial information |
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+disclosed to Licensee or You by Altera or an Authorized Distributor; |
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+or (iv) any information which, at the time of disclosure, is |
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+designated in writing as confidential or proprietary, or similar |
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+designation, is disclosed in circumstances of confidence, or would be |
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+reasonably understood by a person, exercising business judgment, to be |
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+confidential. |
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+ |
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+"Designated Equipment" means the computer system that is owned or |
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+leased by You and operated on Your premises, and identified by a |
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+network interface card ("NIC") or host ID number on which the Licensed |
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+Software is installed and Used, and which has the configuration, |
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+capacity, operating system version level, and pre-requisite |
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+applications described in the Documentation as necessary for the |
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+operation of the Licensed Software, and is designated by the NIC/host |
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+ID in the License Key as the computer system on which the License Key |
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+management software will be installed. |
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+ |
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+"Documentation" means technical data in human or machine readable form |
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+furnished by Altera which: (i) provides operating instructions for |
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+using the Licensed Software, or (ii) explains the capabilities and |
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+functions of the Licensed Software, and any full or partial copies of |
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+any such technical data. |
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+ |
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+"Fixed with Companion License" means a license to install: the |
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+Licensed Software on a fixed standalone computer for Use by a single |
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+User, and (ii) the Licensed Software on up to two companion fixed |
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+standalone computers. Under this license, only one Seat may be used |
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+by a single User at any given time. |
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+ |
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+"Floating Node Seat" is a license that allows the Licensed Software to |
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+be: (i) installed on and accessed from any number of computers on a |
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+network environment; (ii) Used by the permitted number of Concurrent |
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+Users that is equal to the number of Seats licensed as determined by |
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+the License Key; and (iii) Used for the sole purposes of developing, |
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+programming, synthesizing, testing and verifying designs for Altera |
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+Devices. |
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+ |
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+"Intellectual Property Rights" means all (i) patents, patent |
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+applications, patent disclosures and inventions (whether patentable or |
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+not); (ii) trademarks, service marks, trade dress, trade names, logos, |
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+corporate names, Internet domain names, and registrations and |
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+applications for the registration for any of them, together with all |
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+goodwill associated with any of them; (iii) copyrights and |
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+copyrightable works (including computer programs and mask works) and |
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+registrations and applications for registration; (iv) trade secrets, |
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+know-how and other Confidential Information; (v) waivable or |
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+assignable rights of publicity, waivable or assignable moral rights; |
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+(vi) unregistered and registered design rights and any applications |
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+for registration; (vii) database rights and all other forms of |
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+intellectual property, such as data; and (viii) any and all similar or |
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+equivalent rights throughout the world. |
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+ |
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+"IP Megafunctions or Components" means one or more design files, |
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+including encrypted net lists, RTL, test vectors, simulation models |
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+(such as VHDL, Verilog HDL, Quartus simulation, Matlab, Simulink, |
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+Verisity Specman, Synopsys Vera, etc.), and other models, which may be |
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+provided either as unencrypted source code, or in encrypted netlist or |
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+encrypted source code format, that are designed to implement or |
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+support the design of at least one logic function into an Altera logic |
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+device. "IP Megafunctions or Components" includes any modified |
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+versions, or updates thereto as may be provided by Altera, in its sole |
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+and absolute discretion, to You under this Agreement. However, for |
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+purposes of this Agreement, the term "IP Megafunctions or Components" |
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+does not include any software or design files for any MegaCore(R) |
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+functions (including the Nios(R) II embedded processor) which are |
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+covered by and licensed under a separate MegaCore(R) Agreement. |
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+ |
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+"License Key" means a FlexNet license key, license file, license |
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+manager, dongle or other key, code or information provided by Altera |
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+that: (i) enables a User to download, install, operate and/or regulate |
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+User access to the Licensed Software; and (ii) describes the version |
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+number of the Licensed Software and lists the number of Concurrent |
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+Users authorized to Use the Licensed Software. |
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+ |
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+"License Period" means the period of time Licensee has Use of the |
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+Licensed Software as governed by the License Key. |
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+ |
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+"Licensee" means an individual, corporation or other legal entity to |
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+which Altera has issued a Seat. |
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+ |
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+"Licensed Software" means the specific software enabled via the |
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+License Key, but does not include Unlicensed Software components, |
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+files, or portions specifically identified as not being included, |
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+licensed or enabled via the License Key. |
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+ |
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+"Maintenance Expiration Date" is set as twelve (12) months from the |
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+latter of date of license/ license renewal and license activation. |
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+The Maintenance Expiration date for each seat license is noted in the |
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+license key. Further description is provided in Paragraph 12 below. |
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+ |
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+"Seat" means the right granted under this Agreement by Altera or under |
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+a license agreement by an Authorized Distributor, to Use the Licensed |
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+Software by a single User in accordance with the terms and conditions |
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+of this Agreement or an Authorized Distributor's license agreement. A |
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+Seat is either a Floating Node Seat or a Fixed with Companion License, |
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+which is enabled via a License Key. |
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+ |
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+"Support" means any support or maintenance services provided to |
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+Licensee by Altera, an Authorized Distributor, and/or authorized |
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+Altera representatives in responding to email, telephone, or other |
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+inquiries from You for maintenance, technical, or other support |
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+requests in connection with the Licensed Software. |
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+ |
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+"Third Party Licenses" is a separate file, header, or release notes |
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+that contains additional terms, conditions or restrictions imposed by |
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+Third Party Licensors. Such Third Party Licenses will be identified |
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+in a Third Party Licenses Document describing each Third Party License |
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+associated with every Altera product. A hyperlink to an Altera |
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+database containing the text of all Third Party Licenses may be |
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+accessed by clicking on the applicable line in the Third Party |
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+Licenses Document. |
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+ |
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+"Third Party Licensors" means and includes any third party that |
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+licenses or provides Third Party Materials to Altera. |
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+ |
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+"Third Party Materials" are materials or components included in the |
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+download or the DVD, as applicable, that include but are not limited |
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+to software, code portions or files owned by Third Party Licensors, |
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+and are provided subject to Third Party Licenses. |
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+ |
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+"Unlicensed Software" means any Altera computer programs or code in |
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+any format for which Licensee does not hold an active License Key |
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+issued by Altera, including but not limited to any non-subscribed or |
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+disabled features. |
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+ |
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+"Use" means downloading, installing and copying all or any portion of |
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+the Licensed Software into the Designated Equipment for processing the |
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+instructions contained in the Licensed Software, and/or loading data |
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+into or displaying, viewing or extracting output results from, or |
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+otherwise operating, any portion of the Licensed Software. |
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+ |
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+"User" or "You" means each individual identified by Licensee as a |
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+person authorized to Use the Licensed Software on behalf of and for |
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+the benefit of Licensee. If Licensee is an individual who obtained a |
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+Seat for his/her individual use, Licensee and User are and will be one |
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+and the same. |
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+ |
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+2. Grant of License and License Key. |
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+ |
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+ 2.1 Grant of License. Subject to and conditioned upon |
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+Licensee's compliance with the terms and conditions of this Agreement, |
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+Altera hereby grants to Licensee, a personal, perpetual (but subject |
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+to termination as otherwise described in this Agreement), worldwide, |
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+non-exclusive, non-transferable license with no right to sublicense, |
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+to Use under Altera's copyrights and trade secret rights in and to the |
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+Licensed Software (and any updates or upgrades thereof for which |
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+Licensee has paid a license fee or other applicable fee to Altera or |
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+an Authorized Distributor) on the terms and conditions set forth in |
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+this Agreement. Licensee may: (i) use the Licensed Software on a |
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+single computer (or, if Licensee has purchased a Floating Node Seat, |
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+the number of Concurrent Users for which Licensee has obtained |
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+licenses from Altera may use the Licensed Software on networked |
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+workstations); (ii) use the Licensed Software for the sole purpose of |
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+creating, simulating, verifying, placing and routing, and programming |
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+designs on logic devices manufactured by Altera and sold by Altera or |
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+its Authorized Distributors (although if You have obtained the |
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+Licensed Software through Altera's University Program , You are only |
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+permitted to use the Licensed Software for educational and academic |
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+purposes, and cannot use the Licensed Software for any commercial |
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+purposes); (iii) make one copy of the Licensed Software in any |
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+computer-readable or printed form for back-up or archival purposes, or |
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+as otherwise permitted under this Agreement; and (iv) modify the |
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+Licensed Software, provided all Intellectual Property Rights notices |
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+(including all copyright and restricted rights notices on the |
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+Licensed Software) are included on any modified, merged, or combined |
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+portion of the Licensed Software. Any copy of the Licensed Software |
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+or portions thereof merged or combined into another program will |
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+continue to be subject to the terms and conditions of this Agreement. |
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+Licensee's end customers may use Altera's logic devices that have been |
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+programmed with the Licensed Software. |
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+ |
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+ 2.2 License Key. Altera will deliver the License Key to |
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+Licensee after Altera's receipt of all information required to |
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+generate the License Key, including the host identification number for |
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+the designated equipment onto which You will install the License Key |
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+management software. In accordance with its distribution method, |
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+Altera may include with the Licensed Software additional Unlicensed |
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+Software to which the License Key will not permit access. Inclusion |
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+of such Unlicensed Software in no way implies a license from Altera to |
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+access or use such Unlicensed Software, and You agree not to access or |
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+Use such Unlicensed Software, unless the License Key specifically |
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+authorizes such access and Use. |
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+ |
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+ 2.3 Transfer of Licensed Software. The Licensed Software may |
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+be transferred to a third party, provided such third party agrees in |
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+writing to accept the terms and conditions of this Agreement and You |
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+notify Altera in writing of the identity of such third party. If You |
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+transfer the Licensed Software in accordance with the foregoing, You |
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+must: (i) at the same time either transfer all copies or portions |
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+thereof, whether in printed or in computer-readable form, to such |
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+third party, or (ii) destroy any copies not transferred, including all |
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+portions of the Licensed Software contained or merged into another |
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+program, and certify the same in writing to Altera. |
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+ |
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+ 2.4 Floating Node Seat. If Licensee has purchased a Floating |
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+Node Seat, You may also copy the Licensed Software onto another |
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+computer (or access it through networked workstations) for use by |
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+another User or contractor, but only internally, with any remote |
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+access limited solely to such Users or contractors; provided that all |
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+Users agree to accept the terms and conditions of this Agreement in |
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+writing. |
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+ |
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+ 2.5 IP Megafunctions or Components License. IP |
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+Megafunctions or Components are provided to You free of charge, in |
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+source code form, and You may modify, create derivative works of, and |
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+freely distribute any such IP Megafunctions or Components, and any |
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+modifications or derivative works thereof, provided that the IP |
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+Megafunctions or Components may not be used to program any non-Altera |
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+Devices. |
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+ |
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+3. Delivery of Licensed Software. The Licensed Software will be |
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+delivered electronically, and will be accepted upon delivery. |
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+ |
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+4. Designated Equipment. For all accepted orders, You will provide |
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+Altera with the Designated Equipment's host identification number, |
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+which Altera will include in the applicable License Key. Any time |
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+that the Designated Equipment is inoperative due to malfunction, |
325 |
+repair, or maintenance, You may submit a request to change the |
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+Designated Equipment and receive a new License Key from Altera at no |
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+additional charge. Except for such temporary transfer, You and/or |
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+Licensee may not transfer or install the License Key on any other |
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+server or relocate the Designated Equipment without prior written |
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+consent of Altera. Whenever You receive a new License Key in order |
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+to effect a transfer to new Designated Equipment, You will immediately |
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+cease to use the Licensed Software under the previously issued License |
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+Key. You acknowledge and agree that You will not operate more than |
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+the number of seats of the Licensed Software associated with your |
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+License Key. |
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+ |
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+5. Confidential Information. The Confidential Information |
338 |
+constitutes trade secrets and confidential and proprietary information |
339 |
+of Altera and its licensors, and You and Licensee agree not to access |
340 |
+or Use the Licensed Software, directly or indirectly, except and to |
341 |
+the extent expressly permitted under this Agreement or by applicable |
342 |
+law. Altera and its licensors retain all rights in and to the |
343 |
+Licensed Software and Documentation, modifications, derivatives, |
344 |
+updates, and upgrades, and all Intellectual Property Rights associated |
345 |
+with any of the foregoing. You and Licensee agree not to remove, |
346 |
+alter or obscure any copyright, - patent, or other proprietary notices |
347 |
+in the Licensed Software or Documentation. No other rights or |
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+licenses are granted by implication, estoppel or otherwise, to |
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+Licensee, You or any third party. |
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+ |
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+ 5.1 With respect to Confidential Information, You and |
352 |
+Licensee agree: (a) to use at least the same degree of care as You use |
353 |
+with respect to Your own Confidential Information of similar |
354 |
+importance, but in no event less than reasonable care, to prevent any |
355 |
+Confidential Information from being disclosed to any third party, |
356 |
+except as otherwise permitted by this Agreement; (b) not to use or |
357 |
+disclose Confidential Information for any purpose except to the extent |
358 |
+necessary and for the purpose of programming Altera Devices with the |
359 |
+Licensed Software (the "Intended Purpose"); and (c) to restrict the |
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+disclosure and possession of Confidential Information solely to those |
361 |
+of Licensee's Users, employees and Authorized Contractors with a need |
362 |
+to know/need to access for the Intended Purpose, who agree to be bound |
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+by written confidentiality agreements no less strict than those this |
364 |
+Agreement. Licensee agrees to be liable to Altera for any breaches by |
365 |
+Licensee, its Users, employees and Authorized Contractors of the |
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+confidentiality obligations in this Section. |
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+ |
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+ 5.2 You and Licensee will have no obligations of |
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+confidentiality with respect to any Confidential Information to the |
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+extent that it is: (a) already in the public domain or falls into the |
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+public domain through no breach of this Agreement (or any other |
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+obligation to Altera) by Licensee and Authorized Contractors; (b) |
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+already rightfully known to Licensee without any obligation of |
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+confidentiality; (c) is rightfully obtained by Licensee from a third |
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+party; or (d) developed independently by Licensee, its employees or |
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+Authorized Contractors without breach of Licensee's obligation of |
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+confidentiality under this Agreement. With respect to a disclosure |
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+required by order of a court or an authorized government agency, You |
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+may disclose Confidential Information, provided: (i) that You give |
380 |
+prompt written notice of any such required disclosure to Altera; (ii) |
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+You disclose the Confidential Information only to the extent required |
382 |
+by such court or governmental agency; and (iii) You provide reasonable |
383 |
+assistance to Altera in its efforts to protect the confidentiality of |
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+the Confidential Information required to be disclosed. |
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+ |
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+ 5.3 Notwithstanding anything in this Agreement to the |
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+contrary, You and Licensee agree that Altera may disclose Licensee's |
388 |
+identity by name and address, and identify the Licensed Software |
389 |
+licensed to Licensee, to the extent required by its agreement with its |
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+licensors and Authorized Distributors. |
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+ |
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+6. Restrictions on Use. You and Licensee may not use, copy, |
393 |
+modify, distribute, or otherwise transfer the Licensed Software or any |
394 |
+portions thereof, or permit any remote access thereof by any person or |
395 |
+entity, except as expressly provided for in this Agreement. You shall |
396 |
+not use the Licensed Software to program any device other than Altera |
397 |
+Devices. If You or Licensee transfer possession the Licensed |
398 |
+Software, or any modifications or portions thereof to another party |
399 |
+except as expressly provided herein, this license shall automatically |
400 |
+terminate. You and Licensee may not decompile, disassemble, reverse |
401 |
+engineer, or otherwise attempt to access the source code of the |
402 |
+Licensed Software or reduce it to a human readable form ("Reverse |
403 |
+Engineer") except as otherwise permitted by applicable law. In such |
404 |
+case, You or Licensee may Reverse Engineer, but only after giving |
405 |
+written notice to Altera, and only to the extent permitted by |
406 |
+applicable law. You or Licensee may not publish or disclose the |
407 |
+results of any benchmarking or testing of the Licensed Software, or |
408 |
+use such results for Licensee's own software development activities, |
409 |
+without the prior written permission of Altera. |
410 |
+ |
411 |
+7. No Other Licenses or Intellectual Property Rights. The software |
412 |
+code licensed under the Agreement (the "Licensed Software") is |
413 |
+protected by copyright law and international treaties. Other than |
414 |
+the rights expressly granted to Licensee in the Agreement, Altera |
415 |
+and its licensors retain and own all right, title and interest in and |
416 |
+to the Licensed Software, including any modifications, derivatives |
417 |
+and updates thereof, and all Intellectual Property Rights in all of |
418 |
+the foregoing. Nothing in this Agreement shall be construed to: (i) |
419 |
+transfer any rights of ownership and/or interest in and to the |
420 |
+Documentation and Licensed Software or portions thereof, or any |
421 |
+derivative works of the foregoing to You, except as specifically |
422 |
+provided in the Agreement; or (ii) enable You to exercise the rights |
423 |
+granted herein with respect to the Licensed Software with: (A) |
424 |
+products other than Your products; or (B) using the Licensed Software |
425 |
+to program any non-Altera Devices. We expressly reserve all other |
426 |
+rights in and to the Licensed Software, Documentation, and |
427 |
+Intellectual Property Rights not granted to You under this Agreement. |
428 |
+ |
429 |
+ You acknowledge and agree that: (i) this Agreement does not grant You |
430 |
+or Licensee any right to practice, or any other right at all with |
431 |
+respect to any patent of Altera or its licensors, and a separate |
432 |
+license agreement from Altera or its licensors is needed to use or |
433 |
+practice any patent of Altera or its licensors. You, on behalf of |
434 |
+Licensee and its affiliates and subsidiaries, agree not to contend in |
435 |
+any context that, as a result of this Quartus Agreement, either Altera |
436 |
+or its licensors have any obligation to extend, or You, Licensee, or |
437 |
+any other party has obtained any right to, any license, whether |
438 |
+express or implied, with respect to any patent of Altera or its |
439 |
+licensors, for any purpose whatsoever. |
440 |
+ |
441 |
+8. Third Party Licensors. The Licensed Software may contain or |
442 |
+include Third Party Materials licensed or provided to Altera by third |
443 |
+parties (the "Third Party Licensors") which may be subject to |
444 |
+additional terms and conditions or restrictions imposed by such Third |
445 |
+Party Licensors in a separate license agreement (the "Third Party |
446 |
+Licenses"). Such Third Party Licenses will be identified in the |
447 |
+Third Party Licenses document describing each such Third Party |
448 |
+Licenses associated with every Altera product. A hyperlink to an |
449 |
+Altera webpage containing the text of all Third Party Licenses may be |
450 |
+accessed at http://dl.altera.com/eula. |
451 |
+ |
452 |
+9. Term and Termination. The license is effective until terminated |
453 |
+by either party, or terminated in accordance with its terms, whichever |
454 |
+occurs first. You may terminate it at any time by uninstalling and |
455 |
+irrevocably destroying the Licensed Software, including all |
456 |
+modifications, copies, and all portions of the foregoing, and |
457 |
+certifying to such destruction in a writing signed by an officer of |
458 |
+Licensee. Altera may terminate the license if You or Licensee fail to |
459 |
+comply with any material term or condition of this Agreement, |
460 |
+including but not limited to Licensee's or Your breach of the license |
461 |
+rights granted to Licensee in this Agreement, or breach of Licensee's |
462 |
+obligations of confidentiality, and may also terminate the license in |
463 |
+accordance with the terms of the Agreement. |
464 |
+ |
465 |
+10. Limited Warranty and Remedies. |
466 |
+ |
467 |
+ 10.1 Limited Warranty. For a period of ninety (90) days from |
468 |
+the date of Licensee's first receipt from Altera or the Authorized |
469 |
+Distributor, as the case may be, of the License Key (the "Warranty |
470 |
+Period"), Altera warrants to Licensee that: (i) the Licensed Software |
471 |
+will perform substantially in accordance with Altera's Documentation, |
472 |
+if used in full compliance with the terms of this Agreement; and (ii) |
473 |
+the DVD (if applicable) on which the Licensed Software is installed |
474 |
+will be free from defects in materials and workmanship under normal |
475 |
+use. This warranty is personal in nature, provided only to Licensee, |
476 |
+and is not transferable to Licensee's end users, customers, or to any |
477 |
+third party. |
478 |
+ |
479 |
+ 10.2 Exceptions to Warranty. During the Warranty Period, (i) |
480 |
+Altera (either directly or through its Authorized Distributor) will |
481 |
+replace any Licensed Software or DVD not meeting the foregoing |
482 |
+warranty which is returned to Altera or the Authorized Distributor |
483 |
+with adequate proof of purchase; or (ii) if Altera (either directly or |
484 |
+through the Authorized Distributor) is unable to deliver replacement |
485 |
+Licensed Software that performs substantially in accordance with |
486 |
+Altera's Documentation or a DVD that is free of defects in materials |
487 |
+or workmanship, Licensee may terminate this Agreement by either |
488 |
+returning to Altera or irrevocably destroying the Licensed Software, |
489 |
+and providing the certification described in Paragraph 8 above. Any |
490 |
+replacement Licensed Software or DVD will be warranted for the |
491 |
+remainder of the original Warranty Period or thirty (30) days, |
492 |
+whichever is longer. The foregoing warranty extends only to the |
493 |
+Licensed Software in the form delivered by Altera to Licensee, and not |
494 |
+to any: (i) modifications not made by Altera or its Authorized |
495 |
+Distributor; (ii) misuse, abuse, or use of the Licensed Software in a |
496 |
+manner not contemplated by this Agreement; (iii) failure to use |
497 |
+compatible Altera Devices as set forth in the Documentation; (iv) |
498 |
+Third Party Materials; and (v) any DVD (if applicable) that has been |
499 |
+damaged as a result of accident, misuse, or abuse. |
500 |
+ |
501 |
+11. Disclaimer of Warranties. EXCEPT AS EXPRESSLY SET FORTH ABOVE, |
502 |
+AND NOTWITHSTANDING ANYTHING TO THE CONTRARY IN THIS QUARTUS |
503 |
+AGREEMENT, NO OTHER WARRANTIES OR CONDITIONS, EITHER EXPRESS OR |
504 |
+IMPLIED, ARE MADE WITH RESPECT TO THE LICENSED SOFTWARE AND/OR SUPPORT |
505 |
+PROVIDED BY ALTERA, ITS LICENSORS, OR ANY AUTHORIZED DISTRIBUTOR, |
506 |
+INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF |
507 |
+MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND |
508 |
+NONINFRINGEMENT. ALTERA, ITS LICENSORS, AND AUTHORIZED DISTRIBUTORS |
509 |
+EXPRESSLY DISCLAIM ALL LIABILITY FOR DAMAGES, INCLUDING, BUT NOT |
510 |
+LIMITED TO, DIRECT, INDIRECT, SPECIAL, INCIDENTAL, AND CONSEQUENTIAL |
511 |
+DAMAGES, SUCH AS EXPENSES, RECALL COSTS, BUSINESS INTERRUPTION |
512 |
+DAMAGES, LOSS OF OR DAMAGE TO INFORMATION, LOSS OF GOODWILL, LOST |
513 |
+PROFITS, LOST SAVINGS, OTHER DAMAGES ARISING OUT OF THE USE OF OR |
514 |
+INABILITY TO USE THE LICENSED SOFTWARE; THAT THE FUNCTIONS CONTAINED |
515 |
+IN THE LICENSED SOFTWARE WILL MEET LICENSEE REQUIREMENTS; OR THAT THE |
516 |
+OPERATION OF THE LICENSED SOFTWARE WILL BE UNINTERRUPTED OR ERROR- |
517 |
+FREE. LICENSEE ALSO ASSUMES RESPONSIBILITY FOR THE SELECTION OF THE |
518 |
+LICENSED SOFTWARE TO ACHIEVE ITS INTENDED RESULTS AND FOR THE |
519 |
+INSTALLATION, USE, AND RESULTS OBTAINED FROM THE LICENSED SOFTWARE. |
520 |
+YOUR'S AND LICENSEE'S SOLE REMEDIES AND ALTERA'S, ITS LICENSORS' AND |
521 |
+THE AUTHORIZED DISTRIBUTORS' ENTIRE LIABILITY ARE AS SET FORTH ABOVE. |
522 |
+Some jurisdictions do not permit the exclusion of implied warranties, |
523 |
+so the above exclusion may not apply to You or Licensee, but shall be |
524 |
+interpreted to apply to the maximum extent permissible under |
525 |
+applicable law. |
526 |
+ |
527 |
+12. Support Services. After expiration of the Warranty Period, upon |
528 |
+payment of the applicable support fee Altera or its Authorized |
529 |
+Distributor, as the case may be, Altera or the Authorized Distributor |
530 |
+shall: (i) be obligated to provide Support for the Licensed Software |
531 |
+(including bug fixes, error corrections and any other updates) made |
532 |
+generally available by Altera to licensees that purchase support and |
533 |
+maintenance for a period of 12 months from the date of the license |
534 |
+purchase or renewal, or the date of the license activation, whichever |
535 |
+is later; and (ii) use commercially reasonable efforts to respond by |
536 |
+telephone or email to Your inquiries for support for the Licensed |
537 |
+Software. Any information collected by Altera or the Authorized |
538 |
+Distributor arising from or relating to Your requests for Support, |
539 |
+including but not limited to design files compiled using the Licensed |
540 |
+Software provided by You or Licensee for purposes of design |
541 |
+assistance, enhancement, and troubleshooting, may be used internally |
542 |
+by Altera for the purpose of improving future versions of the Licensed |
543 |
+Software and developing future products. Any such information will |
544 |
+not be disclosed by Altera to any third parties other than its |
545 |
+subsidiaries, its Authorized Distributors, its authorized sales |
546 |
+representatives, and to You. |
547 |
+ |
548 |
+13. Limitation of Liability. Under no circumstances shall Altera, |
549 |
+its licensors, or an Authorized Distributor be liable to You, Licensee |
550 |
+or to any third party in an amount greater than One Thousand Dollars |
551 |
+($1,000.00) or the subscription fee paid by Licensee to Altera or the |
552 |
+Authorized Distributor for the Licensed Software covered by this |
553 |
+Quartus Agreement. You or Licensee may not sublicense, assign, or |
554 |
+transfer the license rights granted herein, or disclose any trade |
555 |
+secrets associated with the Licensed Software, except as expressly |
556 |
+provided in this Quartus Agreement. Any attempt to sublicense, |
557 |
+assign, or transfer any of the rights, duties, or obligations |
558 |
+hereunder is void and shall automatically terminate any licenses and |
559 |
+rights granted under this Quartus Agreement. |
560 |
+ |
561 |
+14. Choice of Law/Venue. This Agreement will be governed by the laws |
562 |
+of the State of California, United States of America, without |
563 |
+reference to its choice of laws provisions. You and Licensee agree |
564 |
+to submit to the exclusive jurisdiction of the state and federal |
565 |
+courts in the County of Santa Clara, State of California for the |
566 |
+resolution of any dispute or claim arising out of or relating to this |
567 |
+Agreement. The prevailing party in any legal action, settlement or |
568 |
+arbitration arising out of this Agreement shall be entitled to |
569 |
+reimbursement for its expenses, including court costs and reasonable |
570 |
+attorneys' fees, in addition to any other rights and remedies such |
571 |
+party may have. |
572 |
+ |
573 |
+15. Export Control. You and Licensee shall not transfer any |
574 |
+Confidential Information, the Licensed Software, the Documentation or |
575 |
+any modifications or portions of any of the foregoing to any U.S. |
576 |
+sanctioned or embargoed country, or to nationals or residents of such |
577 |
+countries, including but not limited to a foreign national having a |
578 |
+last citizenship or permanent residency of Cuba, Iran, Lybia, North |
579 |
+Korea, Sudan, or Syria, and/or to any country subject to trade |
580 |
+sanctions, as may be revised from time to time; or transfer the |
581 |
+Licensed Software to any party where the end use involves hazardous |
582 |
+uses, including but not limited to nuclear, chemical, and/or |
583 |
+biological weapons, missiles, drones, or space launch systems capable |
584 |
+of delivering such weapons. |
585 |
+ |
586 |
+16. U.S. Government Restricted Rights. You and Licensee acknowledge |
587 |
+and agree that all software and software-related items licensed to |
588 |
+Licensee by Altera pursuant to this Agreement are "Commercial Computer |
589 |
+Software" or "Commercial Computer Software Documentation" as defined |
590 |
+in FAR 12.212 for civilian agencies and DFARS 227-7202 for military |
591 |
+agencies (as amended) and in the event You are permitted under this |
592 |
+Quartus Agreement to provide such items to the U.S. government, such |
593 |
+items shall be provided under terms that are at least as restrictive |
594 |
+as the provisions of this Quartus Agreement. The |
595 |
+Contractor/manufacturer is Altera Corporation, 101 Innovation Drive, |
596 |
+San Jose, CA 95134 and its licensors. |
597 |
+ |
598 |
+17. Assignment. Altera reserves the right to transfer any and all |
599 |
+information collected by the TalkBack feature from users of the |
600 |
+Licensed Software to a third party in the event that we sell, merge |
601 |
+or transfer all or substantially all of our assets related to the |
602 |
+Licensed Software to such third party. |
603 |
+ |
604 |
+18. Access to Information on the ALTERA Cloud Site. If enabled, all |
605 |
+users have the ability to view the compile data transmitted by logging |
606 |
+into the https://cloud.altera.com ALTERA cloud site with the same user |
607 |
+account specified when enabling the Quartus Prime notifications feature. |
608 |
+From this site, any users can browse the compile status data, or |
609 |
+delete/purge results as they wish. |
610 |
+ |
611 |
+19. TalkBack(TM) and Problem Reporter Notice, Consent and Opt-Out. |
612 |
+ |
613 |
+ 19.1 Information Collected and Transmission of Information. |
614 |
+TalkBack is a feature of the Licensed Software that electronically |
615 |
+transmits to Altera various data concerning Your Use of the Licensed |
616 |
+Software. No actual logic designs or machine-executable binary form |
617 |
+of cores used to program an Altera Device that are processed with the |
618 |
+Licensed Software will be collected or transmitted with TalkBack. The |
619 |
+types of data TalkBack transmits to Altera include: (i) constraint |
620 |
+data (location assignments, clock and timing requirement and |
621 |
+assignments, and any constraints set via the Quartus PRIME GUI |
622 |
+(graphical user interface); (ii) device data (targeted device and |
623 |
+family); (iii) compilation data (device, memory and I/O utilization, |
624 |
+and time of compilation); (iv) design data (the number of each type of |
625 |
+file used, name of top file, intellectual property cores/MegaCore |
626 |
+logic functions used, and intellectual property parametrization); (v) |
627 |
+Licensed Software tools (synthesis, simulation and timing analysis |
628 |
+tools used, and version and build of the Licensed Software); (vi) |
629 |
+platform data (operating system, speed and number of processors and |
630 |
+main memory); (vii) license file identification number (T-Guard, host |
631 |
+ID, NIC ID or C: drive); (viii) GUI activities and Licensed Software |
632 |
+errors log data (previous exit status); and (ix) help access data. |
633 |
+Altera may correlate the data collected by TalkBack primarily through |
634 |
+the FlexNet License Key to determine the identity of Licensee and |
635 |
+Users. |
636 |
+ |
637 |
+ 19.2 Transmission of Information. TalkBack functions by |
638 |
+bundling the collected data resulting from Your Use of the Licensed |
639 |
+Software and writing it to html and/or xml files which are |
640 |
+electronically transmitted over the internet to Altera by hypertext |
641 |
+transfer protocol secure post (https). TalkBack will only maintain up |
642 |
+to fifteen (15) files at any given time (i.e., the last five (5) sent |
643 |
+files and up to ten (10) unsent files). As new files are created, |
644 |
+prior files (whether or not previously transmitted) will be deleted. |
645 |
+Each saved file will be less than 500 KB in size and can be viewed as |
646 |
+text files found in the temporary directory on Your hard drive |
647 |
+(typically in /tmp, c:/temp, or c:\documents and |
648 |
+setting\username\local settings\temp). If the https transmission |
649 |
+fails, or an internet connection is not available at the time of the |
650 |
+attempted transmission, the data is stored as an html and/or xml file. |
651 |
+TalkBack will not initiate an internet connection. Once an internet |
652 |
+connection is achieved, the https transmission will be attempted again |
653 |
+upon re-compilation. Files that have not been successfully |
654 |
+transmitted will be named "quartus_talkback*.xml", while successfully |
655 |
+transmitted files will be renamed as "sent_quartus_talkback*.xml." |
656 |
+The performance of the Licensed Software will not be materially |
657 |
+affected by the operation of TalkBack. |
658 |
+ |
659 |
+ 19.3 Non-disclosure and Protection of Information Collected; Use |
660 |
+of Information. Altera uses the data received through TalkBack in |
661 |
+order to continuously improve the Licensed Software and other |
662 |
+products, technology and services Altera offers to customers. This |
663 |
+information will not be used to send You any sales and marketing |
664 |
+communications, and we will only send You such information if You have |
665 |
+previously consented to receive such communications. |
666 |
+ |
667 |
+ Altera uses all reasonable efforts to maintain the privacy of the |
668 |
+data during transmission and after receipt by Altera through firewalls |
669 |
+and other commonly available physical and technical security measures. |
670 |
+However, due to technological limitations and the transmission of data |
671 |
+through internet service providers not under contract with Altera, and |
672 |
+the risk of unlawful interceptions and accessing of transmissions |
673 |
+and/or data, Altera cannot guarantee, and You and Licensee should not |
674 |
+expect, that Licensee's information will be absolutely protected or be |
675 |
+maintained with absolute confidentiality at all times. The |
676 |
+information collected by the TalkBack feature will not be disclosed |
677 |
+to any third parties other than Altera's subsidiaries and the company |
678 |
+on behalf of whom You are using the Quartus Prime software (collectively, |
679 |
+"Partners"). In addition to disclosures to Altera Partners, Altera |
680 |
+may disclose data collected by Talkback related to Licensee and its |
681 |
+Users with or without prior notice, when Altera reasonably believes |
682 |
+applicable law requires such disclosure, in response to subpoenas or |
683 |
+official requests from governmental or administrative agencies, to |
684 |
+protect Altera's business or systems, or to respond to an emergency. |
685 |
+ |
686 |
+ 19.4 Enabling/Disabling TalkBack. TalkBack will collect |
687 |
+and provide certain information to Altera. By downloading, |
688 |
+installing, copying or using the Licensed Software, or by paying a |
689 |
+subscription fee, You hereby agree that you have been fully informed |
690 |
+about the purposes for which your information will be used, and You |
691 |
+give Your consent for Altera to use this information both within and |
692 |
+outside of the European Union for the purposes described in this |
693 |
+TalkBack disclosure notice. You may disable or enable TalkBack by |
694 |
+running QTB_INSTALL.EXE located in Licensee's Quartus/bin folder. |
695 |
+ |
696 |
+ 19.5 Enabling/Disabling Problem Reporter. Problem |
697 |
+Reporter will collect and provide certain information to Altera |
698 |
+concerning Your Use of the Licensed Software, in the event of a |
699 |
+software crash. No logic designs or machine-executable binary form |
700 |
+of cores used to program an Altera Device that are processed with the |
701 |
+Licensed Software will be collected or transmitted with Problem |
702 |
+Reporter. The types of data Problem Reporter transmits to Altera |
703 |
+include: (i) Licensed Software tools (tools used, and version and |
704 |
+build of the Licensed Software); (ii) platform data (operating |
705 |
+system); and (iii) Licensed Software errors log data (previous exit |
706 |
+status). By downloading, installing, copying or using the Licensed |
707 |
+Software, or by paying a subscription fee, You hereby agree that you |
708 |
+have been fully informed about the purposes for which your information |
709 |
+will be used, and You give Your consent for Altera to use this |
710 |
+information both within and outside of the European Union for the |
711 |
+purposes described in this Problem Reporter disclosure notice. You |
712 |
+may disable or enable Problem Reporter at any time by making the |
713 |
+appropriate setting in the Quartus Prime "Options > Internet |
714 |
+Connectivity" dialog box in the Quartus Prime software graphical user |
715 |
+interface. |
716 |
+ |
717 |
+20. General Terms. This Quartus Agreement is entered into for the |
718 |
+benefit of Altera, its licensors and Authorized Distributors, and all |
719 |
+rights granted to You and Licensee, and all obligations owed to |
720 |
+Altera, its licensors and the Authorized Distributors shall be |
721 |
+enforceable by Altera, its licensors and the Authorized Distributors. |
722 |
+No modification of this Quartus Agreement will be binding unless in |
723 |
+writing and signed by authorized representatives of each party. If |
724 |
+any of the provisions of this Quartus Agreement are found to be in |
725 |
+violation of applicable law, void, or unenforceable, then such |
726 |
+provisions shall be deemed to be deleted from the Quartus Agreement, |
727 |
+but the remaining provisions of the Quartus Agreement shall remain in |
728 |
+full force and effect. If You have any questions concerning this |
729 |
+Quartus Agreement, including questions relating to software |
730 |
+maintenance or warranty service, please contact Altera Corporation, |
731 |
+101 Innovation Drive, San Jose, CA 95134. |
732 |
+ |
733 |
+By downloading, installing, copying or using the Licensed Software, or |
734 |
+by paying a subscription or other applicable fee, You acknowledge that |
735 |
+You have read this Quartus Agreement, understand it, and agree to be |
736 |
+bound by its terms and conditions. You further agree that the |
737 |
+Quartus Agreement is the complete and entire agreement of the parties |
738 |
+with respect to the subject matter hereof. No statements, promises or |
739 |
+representations have been made by one party to the other, or are |
740 |
+relied upon by either party when entering into this Quartus Agreement. |
741 |
+All prior and contemporaneous discussions and negotiations, whether |
742 |
+verbal or written, are merged into and superseded by the Quartus |
743 |
+Agreement. No entity or person not a party hereto shall have any |
744 |
+interest under this Quartus Agreement, or be deemed to be a third |
745 |
+party beneficiary of the Quartus Agreement. If the Agreement |
746 |
+terminates for any reason, all definitions in this Agreement and the |
747 |
+rights, obligations, and restrictions under Paragraphs 1 |
748 |
+(Definitions); 5 (Confidential Information; 6 (Restrictions on Use); 7 |
749 |
+(No Other Licenses or Intellectual Property Rights); 8 (Third Party |
750 |
+Licensors); 10 (Limited Warranty and Remedies); 11 (Disclaimer of |
751 |
+Warranties); 13 (Limitation of Liability); 14 (Choice of Law/Venue); |
752 |
+15 (Export Control); 16 (U.S. Government Restricted Rights); 17 |
753 |
+(Assignment); and 20 (General Terms) shall survive termination of this |
754 |
+Agreement. |
755 |
+ |
756 |
+ |
757 |
+[END OF QUARTUS PRIME, VERSION 15.1 LICENSE AGREEMENT] |
758 |
+ |
759 |
+MEGACORE(R) FUNCTION VERSION 15.1 LICENSE AGREEMENT |
760 |
+ |
761 |
+ |
762 |
+Copyright (C) 1991-2015 Altera(R) Corporation. All rights |
763 |
+reserved. "Megacore" is a registered trademark of Altera Corporation |
764 |
+in the U.S. and other countries. Any other trademarks and trade names |
765 |
+referenced here are the property of their respective owners. |
766 |
+ |
767 |
+PLEASE REVIEW THE FOLLOWING TERMS AND CONDITIONS IN THIS MEGACORE |
768 |
+FUNCTION LICENSE AGREEMENT (THE "MEGACORE AGREEMENT" OR "AGREEMENT") |
769 |
+CAREFULLY BEFORE DOWNLOADING, INSTALLING OR USING THE LICENSED |
770 |
+SOFTWARE. BY: (A) DOWNLOADING, INSTALLING, COPYING OR USING THE |
771 |
+LICENSED SOFTWARE; OR (B) PAYING A LICENSE FEE OR OTHER FEE TO ALTERA; |
772 |
+OR (C) PAYING A FEE TO AN AUTHORIZED DISTRIBUTOR, YOU INDICATE YOUR |
773 |
+ACCEPTANCE OF THIS MEGACORE AGREEMENT. IN THE EVENT OF ANY |
774 |
+INCONSISTENCY BETWEEN THE TERMS OF THE MEGACORE AGREEMENT AND YOUR |
775 |
+AGREEMENT WITH AN AUTHORIZED DISTRIBUTOR, THIS MEGACORE AGREEMENT WILL |
776 |
+GOVERN AND CONTROL, EXCEPT WITH REGARDS TO PAYMENT TERMS. |
777 |
+ |
778 |
+Certain files, programs, or other materials provided in connection |
779 |
+with the Licensed Software may originate or contain components from |
780 |
+Third Party Licensors and are licensed to Licensee pursuant to the |
781 |
+terms of the applicable Third Party License appearing upon activation |
782 |
+or installation of the Licensed Software, and/or are contained or |
783 |
+described in associated release notes, header source files, or other |
784 |
+documentation. Any such additional terms, and conditions or |
785 |
+restrictions will also be listed in a separate file called "Third |
786 |
+Party Licenses Document". You agree to carefully review and comply |
787 |
+with the terms of such Third Party Licenses. NOTWITHSTANDING ANYTHING |
788 |
+TO THE CONTRARY IN THE AGREEMENT, AS BETWEEN LICENSEE AND ALTERA, AND |
789 |
+TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, ALL SUCH THIRD |
790 |
+PARTY LICENSES SHALL BE SUBJECT TO SECTION 5.3 (DISCLAIMER OF |
791 |
+WARRANTIES), SECTION 10 (LIMITATION OF LIABILITY) AND SECTION 11.6 |
792 |
+(GOVERNING LAW). ALTERA OFFERS NO WARRANTIES (WHETHER EXPRESS OR |
793 |
+IMPLIED); INDEMNIFICATION; AND/OR SUPPORT OF ANY KIND WITH RESPECT TO |
794 |
+THIRD PARTY MATERIALS, EXCEPT THAT WE WILL PASS THROUGH TO YOU, IF AND |
795 |
+TO THE EXTENT AVAILABLE, ANY WARRANTIES EXPRESSLY PROVIDED TO US BY |
796 |
+THIRD PARTY LICENSORS RELATING TO SUCH THIRD PARTY MATERIALS. |
797 |
+ |
798 |
+IF YOU DO NOT AGREE WITH THE TERMS AND CONDITIONS OF THIS MEGACORE |
799 |
+AGREEMENT OR THE TERMS OF ANY OF ITS THIRD PARTY LICENSES, DO NOT |
800 |
+DOWNLOAD, COPY, INSTALL OR USE THE LICENSED SOFTWARE. IF YOU HAVE |
801 |
+ALREADY DOWNLOADED THE LICENSED SOFTWARE, PLEASE UNINSTALL IT AND |
802 |
+IRREVOCABLY DESTROY ANY COPIES YOU HAVE MADE AS SOON AS POSSIBLE. IF |
803 |
+YOU HAVE RECEIVED A COPY OF THE LICENSED SOFTWARE ON DVD OR OTHER |
804 |
+MANNER THAN ELECTRONIC DOWNLOAD, PLEASE RETURN THE LICENSED SOFTWARE |
805 |
+UNUSED TO ALTERA OR THE AUTHORIZED DISTRIBUTOR FROM WHICH YOU OBTAINED |
806 |
+THE LICENSE PROMPTLY. |
807 |
+ |
808 |
+1. Definitions. |
809 |
+ |
810 |
+"Altera" means Altera Corporation, including its affiliates and |
811 |
+subsidiaries worldwide. |
812 |
+ |
813 |
+"Altera Devices" means programmable logic devices, including field |
814 |
+programmable gate arrays ("FPGAs") devices or complex programmable |
815 |
+logic devices ("CPLDs") structured application specific integrated |
816 |
+circuit devices, and/or any other semiconductor devices designed, |
817 |
+developed or manufactured by or on behalf of Altera. |
818 |
+ |
819 |
+"Authorized Contractors" means a person, company, or other entity |
820 |
+that: (i) provides design, testing, or integration services for |
821 |
+Licensee, but such integration services shall be performed solely for |
822 |
+implementation within Altera Devices; and who is (ii) is subject to a |
823 |
+written confidentiality agreement protecting Altera's Confidential |
824 |
+Information with restrictions no less restrictive than those contained |
825 |
+in this MegaCore Agreement, and Licensee shall enforce such agreement |
826 |
+in the same fashion as it would enforce its own confidentiality |
827 |
+agreements of similar importance. Any access to or use of the |
828 |
+Licensed Software or the Licensed Product by the Authorized Contractor |
829 |
+is subject to the following: (a) such access and/or use shall be for |
830 |
+the sole benefit of Licensee; (b) a breach of the MegaCore Agreement |
831 |
+or the terms of any other Altera agreement by the Authorized |
832 |
+Contractor shall be deemed to be a breach of such agreement(s) by |
833 |
+Licensee, and Licensee shall be liable for any acts or omissions of |
834 |
+the Authorized Contractor; (c) Licensee shall ensure that in no event |
835 |
+will any such Authorized Contractor be a competitor of Altera. |
836 |
+ |
837 |
+"Authorized Distributor(s)" means a reseller, OEM, ODM, or any other |
838 |
+distributor that is authorized by Altera to license the Licensed |
839 |
+Software in a valid agreement entered into between Altera and such |
840 |
+reseller or distributor. |
841 |
+ |
842 |
+"Checkout License" means a time-limited license granted by Altera |
843 |
+associated with an existing Floating License to install and Use the |
844 |
+Licensed Software on a single fixed standalone computer for use by a |
845 |
+single user. This license shall expire after a specified time as |
846 |
+designated by Altera. The total number of Checkout Licenses that may |
847 |
+be granted in relation to a single Floating License may not exceed the |
848 |
+total number of individual Seats associated with such Floating |
849 |
+License. |
850 |
+ |
851 |
+"Concurrent Users" means the number of simultaneous users accessing |
852 |
+the Licensed Software. For example, a 20-seat concurrent use license |
853 |
+would allow 20 users to log in and use the Licensed Software at one |
854 |
+time, but the 21st user attempting to check in would be blocked and |
855 |
+unable to do so until one other user checks out. |
856 |
+ |
857 |
+"Confidential Information" means and includes, but is not limited to: |
858 |
+(i) the Licensed Software (whether provided in source code or binary |
859 |
+form, including any modifications, derivatives, updates and upgrades |
860 |
+thereto) and the algorithms, concepts, techniques, methods and |
861 |
+processes embodied therein; (ii) the Licensed Products and all |
862 |
+information and specifications associated therewith; (iii) any |
863 |
+business, marketing, technical, scientific, or financial information |
864 |
+disclosed to You by Altera or an Authorized Distributor; or (iv) any |
865 |
+information which, at the time of disclosure, is designated in writing |
866 |
+as confidential or proprietary, or similar designation, is disclosed |
867 |
+in circumstances of confidence, or would be reasonably understood by a |
868 |
+person, exercising business judgment, to be confidential. |
869 |
+ |
870 |
+"Designated Equipment" means the computer system that is owned or |
871 |
+leased by You and operated on Your premises, and identified by a |
872 |
+network interface card ("NIC") or host ID number on which the Licensed |
873 |
+Software is installed and Used, and which has the configuration, |
874 |
+capacity, operating system version level, and pre-requisite |
875 |
+applications described in the Documentation as necessary for the |
876 |
+operation of the Licensed Software, and is designated by the NIC /host |
877 |
+ID in the License Key as the computer system on which the License Key |
878 |
+management software will be installed. |
879 |
+ |
880 |
+"Derivative Works" means any derivatives or modifications of the |
881 |
+Licensed Software created by You or by a third party on Your behalf, |
882 |
+including: (i) for copyrightable or copyrighted material, any |
883 |
+translation, abridgement, revision or other form in which an existing |
884 |
+work may be recast, transformed or adapted; (ii) for work protected by |
885 |
+topography or mask right, any translation, abridgement, revision or |
886 |
+other form in which an existing work may be recast, transformed or |
887 |
+adapted; (iii) for patentable or patented material, any improvements; |
888 |
+and (iv) for material protected by trade secret, any new material |
889 |
+derived from or employing such trade secret. |
890 |
+ |
891 |
+ "Fixed with Companion License" means a license to install: (i) the |
892 |
+Licensed Software on a fixed standalone computer for Use by a single |
893 |
+User; and (ii) the Licensed Software on up to two companion fixed |
894 |
+standalone computers. Under this license, only one Seat may be used |
895 |
+by a single User at any given time. |
896 |
+ |
897 |
+ "Floating Node Seat" is a license that allows the Licensed Software |
898 |
+to be: (i) installed on and accessed from any number of computers on a |
899 |
+network environment; (ii) Used by the permitted number of Concurrent |
900 |
+Users that is equal to the number of Seats licensed as determined by |
901 |
+the License Key; and (iii) Used for the sole purposes of developing, |
902 |
+programming, synthesizing, testing and verifying designs for Altera |
903 |
+Devices. |
904 |
+ |
905 |
+"Intellectual Property Rights" means all (i) patents, patent |
906 |
+applications, patent disclosures and inventions (whether patentable or |
907 |
+not); (ii) trademarks, service marks, trade dress, trade names, logos, |
908 |
+corporate names, Internet domain names, and registrations and |
909 |
+applications for the registration for any of them, together with all |
910 |
+goodwill associated therewith; (iii) copyrights and copyrightable |
911 |
+works (including computer programs and mask works) and registrations |
912 |
+and applications for registration; (iv) trade secrets, know-how and |
913 |
+other such Confidential Information; (v) waivable or assignable rights |
914 |
+of publicity, waivable or assignable moral rights; (vi) unregistered |
915 |
+and registered design rights and any applications for registration; |
916 |
+(vii) database rights and all other forms of intellectual property, |
917 |
+such as data; and (viii) any and all similar or equivalent rights |
918 |
+throughout the world. |
919 |
+ |
920 |
+"License Key" means a FlexNet license key, license file, license |
921 |
+manager, dongle or other key, code or information provided by Altera |
922 |
+that: (i) enables a User to, operate and/or regulate User access to |
923 |
+the Licensed Software; and (ii) describes the version number of the |
924 |
+Licensed Software and lists the number of Concurrent Users authorized |
925 |
+to Use the Licensed Software. |
926 |
+ |
927 |
+"License Period" means the period of time Licensee has Use of the |
928 |
+Licensed Software as governed by the License Key. |
929 |
+ |
930 |
+"Licensee" means an individual, corporation or other legal entity to |
931 |
+which Altera has issued a Seat of the Licensed Software. |
932 |
+ |
933 |
+"Licensed Software" means (i) the applicable MegaCore Function; (ii) |
934 |
+any format test benches (if applicable) and/or suite of test vectors |
935 |
+(if applicable); and (iii) the Specification (if applicable) related |
936 |
+to the foregoing, and is enabled via the License Key, but does not |
937 |
+include Unlicensed Software components, files, or portions |
938 |
+specifically identified as not being included, licensed or enabled via |
939 |
+the License Key. |
940 |
+ |
941 |
+"Licensed Products" means any Altera Device(s) in which the Licensed |
942 |
+Software, in whole or in part (or as modified by Licensee or an |
943 |
+Authorized Contractor) are incorporated or implemented pursuant to the |
944 |
+provisions of this MegaCore Agreement. |
945 |
+ |
946 |
+ |
947 |
+"Maintenance Expiration Date" is set as 12 months from the latter of |
948 |
+date of license/ license renewal and license activation. The |
949 |
+Maintenance Expiration date for each seat license is noted in the |
950 |
+license key. Further description is provided in Section 9.1 below. |
951 |
+ |
952 |
+"MegaCore Function" means one or more design files, including |
953 |
+encrypted netlists, RTL, test vectors, simulation models (such as VHDL |
954 |
+, Verilog HDL, Quartus simulation, Matlab, Simulink, Verisity, |
955 |
+Specman, Synopsys, Vera, etc.) and other models, each of which may be |
956 |
+provided in either as unencrypted source code or object code formats, |
957 |
+or in encrypted netlist or encrypted source code formats, and memory |
958 |
+controllers provided in source code format, where each is designed to |
959 |
+implement or supports the design of a specific function into an Altera |
960 |
+Device, together with any updates Altera may provide to You pursuant |
961 |
+to this MegaCore Agreement, except for components, files, or portions |
962 |
+that are subject to any license agreement(s) set forth in any Third |
963 |
+Party Licenses document or file. |
964 |
+ |
965 |
+"OpenCore Plus Evaluation Mode" means a limited licensing feature |
966 |
+offered by Altera that permits free evaluation of a MegaCore Function |
967 |
+upon installation and prior to payment of a licensing fee. |
968 |
+ |
969 |
+"Seat" means the right granted under this Agreement by Altera to Use |
970 |
+the Licensed Software by a single User in accordance with the terms |
971 |
+and conditions of this Agreement or an Authorized Distributor's |
972 |
+license agreement. A Seat is either a Floating Node Seat or a Fixed |
973 |
+with Companion License, which is enabled via a License Key. |
974 |
+ |
975 |
+"Specification" means technical data in human or machine readable |
976 |
+form furnished by Altera which: (i) provides operating instructions |
977 |
+for using the Licensed Software, or (ii) explains the capabilities and |
978 |
+functions of such items, and any full or partial copies of any such |
979 |
+technical data. |
980 |
+ |
981 |
+"Support" means any support or maintenance services provided to |
982 |
+Licensee by Altera, an Authorized Distributor, and/or authorized |
983 |
+Altera representatives in responding to email, telephone, or other |
984 |
+inquiries from You for maintenance, technical, or other support |
985 |
+requests in connection with the Licensed Software or the Licensed |
986 |
+Products. |
987 |
+ |
988 |
+"Third Party Licenses" is a separate file, header, or release notes |
989 |
+that contains additional terms, conditions or restrictions imposed by |
990 |
+Third Party Licensors. Such Third Party Licenses will be identified |
991 |
+in a Third Party Licenses Document describing each Third Party License |
992 |
+associated with every Altera product. A hyperlink to an Altera |
993 |
+database containing the text of all Third Party Licenses may be |
994 |
+accessed by clicking on the applicable line in the Third Party |
995 |
+Licenses Document. |
996 |
+ |
997 |
+"Third Party Licensors" means and includes any third party that |
998 |
+licenses or provides Third Party Materials to Altera. |
999 |
+ |
1000 |
+"Third Party Materials" are materials or components included in the |
1001 |
+download or the DVD, as applicable, that include but are not limited |
1002 |
+to software, code portions or files owned by Third Party Licensors, |
1003 |
+and are provided subject to Third Party Licenses. |
1004 |
+ |
1005 |
+"Unlicensed Software" means any Altera computer programs or code in |
1006 |
+any format for which Licensee does not hold an active License Key |
1007 |
+issued by Altera, including but not limited to any non-subscribed or |
1008 |
+disabled features. |
1009 |
+ |
1010 |
+"Use" means downloading, installing, using and copying all or any |
1011 |
+portion of the Licensed Software into the Designated Equipment for |
1012 |
+processing the instructions contained in the Licensed Software, and/or |
1013 |
+loading data into or displaying, viewing or extracting output results |
1014 |
+from, or otherwise operating, any portion of the Licensed Software. |
1015 |
+ |
1016 |
+"User" or "You" means an individual identified by Licensee as a person |
1017 |
+authorized to Use the Licensed Software on behalf of and for the |
1018 |
+benefit of Licensee. If Licensee is an individual who obtained a Seat |
1019 |
+for his/her individual use, Licensee and User are and will be one and |
1020 |
+the same. |
1021 |
+ |
1022 |
+2. Grant of License, Restrictions and Limitations. |
1023 |
+ |
1024 |
+ 2.1. Altera License. Subject to and conditioned upon |
1025 |
+Licensee's compliance with the terms and conditions of this Agreement, |
1026 |
+including payment of the applicable license fee (unless You are using |
1027 |
+the Licensed Software through the OpenCore Plus Evaluation Feature) |
1028 |
+Altera hereby grants to Licensee a personal, worldwide, non-exclusive, |
1029 |
+non-transferable, perpetual (but subject to termination as otherwise |
1030 |
+described in this Agreement), royalty-free license with no right to |
1031 |
+sublicense under Altera's copyright and trade secret rights embodied |
1032 |
+in and to the Licensed Software to Use the Licensed Software during |
1033 |
+the License Period solely to: |
1034 |
+ |
1035 |
+ (a) design with, parameterize, compile, route, and |
1036 |
+generate programming files and netlists with the Licensed Software, |
1037 |
+solely for implementation in Altera Devices, provided You have: (i) |
1038 |
+obtained from Altera a Fixed with Companion License or Checkout |
1039 |
+License; or (ii) if You have purchased a Floating License, multiple |
1040 |
+users on networked workstations up to the number of Concurrent Users |
1041 |
+for which You have obtained licenses from Altera; |
1042 |
+ |
1043 |
+ (b) program Altera Devices with the Licensed Software; |
1044 |
+ |
1045 |
+ (c) exercise the rights granted in Sections (a) and (c) of |
1046 |
+this Section 2.1 through Authorized Contractors; |
1047 |
+ |
1048 |
+ (d) install the Licensed Software on one (1) or more |
1049 |
+computers, as specified the Fixed with Companion License, Floating |
1050 |
+License, or Checkout License (as applicable) You have obtained from |
1051 |
+Altera. In accordance with the provisions of this Section 2.1 ; |
1052 |
+ |
1053 |
+ (e) Except as otherwise provided in Section 10.2 below, |
1054 |
+You may manufacture or have manufactured, market, offer for sale, |
1055 |
+sell, or otherwise distribute or have distributed Your products |
1056 |
+containing one or more Licensed Software; and |
1057 |
+ |
1058 |
+ (f) Subject to Altera's prior written approval, upon the |
1059 |
+negotiation of a mutually acceptable agreement and your payment to |
1060 |
+Altera of license fees and royalties, You may incorporate the Licensed |
1061 |
+Software within the approved ASIC for a specific project. |
1062 |
+ |
1063 |
+ 2.2 Use Restrictions. No right is granted under this |
1064 |
+Agreement to use the Licensed Software or any machine-executable, |
1065 |
+binary form of a core used to design, develop, or program a non-Altera |
1066 |
+Devices. However, You may port ASIC designs to Altera Devices for the |
1067 |
+sole purposes of prototyping and verification. Altera specifically |
1068 |
+disclaims any liability for results obtained when using the Licensed |
1069 |
+Software to program non-Altera Devices. Additionally, Licensee may |
1070 |
+not: (i) modify or synthesize any simulation model output files |
1071 |
+generated from or resulting from the Licensed Software, (ii) use, and |
1072 |
+shall prevent any third parties or Authorized Contractors from using, |
1073 |
+the Licensed Software to program programmable logic devices, field |
1074 |
+programmable gate arrays ("FPGAs"), application specific integrated |
1075 |
+circuits, application specific standard products, or any other |
1076 |
+integrated circuit products designed or manufactured by any company or |
1077 |
+entity other than Altera; (iii) except as otherwise permitted under |
1078 |
+this Agreement, You may not sublicense or transfer the Licensed |
1079 |
+Software and any rights granted under this Agreement. If Licensee |
1080 |
+transfers possession or control of the Licensed Software (including |
1081 |
+any modifications or portions thereof) or any rights granted under |
1082 |
+this Agreement to a third party, this license shall automatically |
1083 |
+terminate without notice; (iv) Licensee may not decompile, |
1084 |
+disassemble, reverse engineer, or otherwise attempt to access or |
1085 |
+derive the source code of the Licensed Software, or any algorithms, |
1086 |
+concepts, techniques, methods or processes embodied therein, or reduce |
1087 |
+the source code of the Licensed Software to a human readable form |
1088 |
+("Reverse Engineer") except as otherwise permitted in this Agreement, |
1089 |
+or as permitted by applicable law. In such case, Licensee may Reverse |
1090 |
+Engineer, but only after giving written notice to Altera, and only to |
1091 |
+the extent permitted by the Agreement or applicable law; and (v) You |
1092 |
+or Licensee may not publish or disclose the results of any |
1093 |
+benchmarking or testing of the Licensed Software or portions thereof, |
1094 |
+or use such results for Licensee's own competing software development |
1095 |
+activities, without the prior written permission of Altera. |
1096 |
+ |
1097 |
+ 2.3. OpenCore Plus Evaluation License. Notwithstanding |
1098 |
+anything to the contrary in Section 2.1 above, if You are using the |
1099 |
+Licensed Software through the OpenCore Plus Evaluation Feature, Your |
1100 |
+license is more limited than the license granted by Altera in Section |
1101 |
+2.1 above. Altera grants to You a temporary, limited, nonexclusive, |
1102 |
+nontransferable, single Concurrent User right and license to: (a) |
1103 |
+evaluate the logic designs of Altera Devices by performing the |
1104 |
+following functions: design entry, timing, place and route, |
1105 |
+compilation and verification of logic designs for Altera Devices; and |
1106 |
+(b) evaluate the hardware in Altera Devices by programming the |
1107 |
+MegaCore Function into such Altera Devices, but only for so long as |
1108 |
+the Altera Device is continuously connected via a programming cable to |
1109 |
+a host development computer that is running the Altera development |
1110 |
+tool programmer software. Otherwise, the Licensed Software will |
1111 |
+operate for a predetermined amount of time, after which the Licensed |
1112 |
+Software is automatically disabled and will be inoperable. Certain |
1113 |
+features and functions of the Licensed Software may be disabled by |
1114 |
+Altera during the OpenCore Plus evaluation. In no event will Altera |
1115 |
+be held liable for any damages or losses to You, Licensee or any |
1116 |
+third-party resulting from the automatic disabling of any MegaCore |
1117 |
+functions obtained through Altera's Opencore Plus evaluation license. |
1118 |
+ |
1119 |
+ 2.4. Reservation of Rights. Except for the licenses expressly |
1120 |
+granted to You or Licensee in this Section 2, no other licenses are |
1121 |
+granted to Licensee or You by implication, estoppel, or otherwise, and |
1122 |
+all rights not expressly granted to Licensee or You in this Section 2 |
1123 |
+are reserved by Altera. |
1124 |
+ |
1125 |
+ 2.5. Delivery of Licensed Software. The Licensed Software will |
1126 |
+be delivered electronically, and will be accepted upon delivery. You |
1127 |
+may copy the Licensed Software solely for back-up or archival |
1128 |
+purposes, and may use the Licensed Software over a network. |
1129 |
+ |
1130 |
+ 2.6. License Key. Altera will deliver the License Key to You |
1131 |
+after Altera's receipt of all information required to generate the |
1132 |
+License Key, including the product name and quantity of Seats licensed |
1133 |
+for the designated server or computer onto which You will install the |
1134 |
+License Key management software. In accordance with its distribution |
1135 |
+method, Altera may include with the Licensed Software additional |
1136 |
+Unlicensed Software to which the License Key will not permit access. |
1137 |
+Inclusion of such Unlicensed Software in no way implies a license from |
1138 |
+Altera to access or use such Unlicensed Software, and You agree not to |
1139 |
+access or use such Unlicensed Software, unless the License Key |
1140 |
+specifically authorizes such access and use. |
1141 |
+ |
1142 |
+ 2.7. Intellectual Property Rights Notices. Any copies of the |
1143 |
+Licensed Software made by or for Licensee or You shall include all |
1144 |
+intellectual Property Rights notices. Licensee will not, and shall |
1145 |
+cause its Authorized Contractors and its customers and/or end users to |
1146 |
+not remove any Altera Intellectual Property Rights notices from the |
1147 |
+Licensed Software. Any copy of the Licensed Software or portions |
1148 |
+thereof, including but not limited to any modified versions, |
1149 |
+Derivative Works, any portion merged into a design, and/or any design |
1150 |
+or product that incorporates all or any portion of the Licensed |
1151 |
+Software, will continue to be subject to the terms and conditions of |
1152 |
+this Agreement. |
1153 |
+ |
1154 |
+ 2.8. Feedback. If You provide Altera with any comments or |
1155 |
+suggestions with respect to the modification, correction, improvement, |
1156 |
+or enhancement of: (i) the Licensed Software or portions thereof; (ii) |
1157 |
+any Confidential Information disclosed by Altera to You; or (iii) |
1158 |
+Licensed Products that may embody such Confidential Information |
1159 |
+(collectively, the "Feedback") then You and Licensee agree to grant |
1160 |
+and hereby grant to Altera a nonexclusive, irrevocable, perpetual, |
1161 |
+worldwide, royalty-free, fully paid up right and license under any |
1162 |
+Intellectual Property Rights You may have in and to the Feedback, |
1163 |
+including but not limited to the following rights: (a) create |
1164 |
+Derivative Works of the Feedback; (b) modify, enhance, and customize |
1165 |
+the Feedback; (c) sublicense the Feedback to Altera licensees and |
1166 |
+customers; and (d) market, perform, copy, have copied, make, have |
1167 |
+made, Use, offer to sell, sell, and otherwise distribute Altera's and |
1168 |
+its sublicensees' products including or embodying Feedback in any |
1169 |
+manner and via any media Altera chooses. |
1170 |
+ |
1171 |
+ 2.9. No Other Licenses or Grant of Intellectual Property Rights. |
1172 |
+Except as provided in this Agreement, neither party grants to the |
1173 |
+other party, either directly or indirectly, by implication, or by way |
1174 |
+of estoppel, any license or any other right under such party's |
1175 |
+Intellectual Property Rights. You and Licensee acknowledge and agree |
1176 |
+that: (i) this Agreement does not grant to Licensee any right to |
1177 |
+practice, or any other right at all with respect to, any patent of |
1178 |
+Altera or its licensors, and a separate license agreement from Altera |
1179 |
+or its licensors is needed to use or practice any patent of Altera or |
1180 |
+its licensors. Licensee, on behalf of its Users, affiliates and |
1181 |
+subsidiaries, agrees not to contend in any context that, as a result |
1182 |
+of this Agreement, either Altera or its licensors have any obligation |
1183 |
+to extend, or Licensee, its Users or any other party has obtained any |
1184 |
+right to, any license, whether express or implied, with respect to any |
1185 |
+patent of Altera or its licensors, for any purpose whatsoever. |
1186 |
+ |
1187 |
+3. Ownership and Future Development. |
1188 |
+ |
1189 |
+ 3.1. Ownership of Licensed Software. As between Licensee, You |
1190 |
+and Altera, You and Licensee acknowledge and agree that Altera and |
1191 |
+its licensors have and shall have exclusive ownership of all worldwide |
1192 |
+right, title and interest in and to the Licensed Software and all |
1193 |
+Intellectual Property Rights and industrial rights associated |
1194 |
+therewith, including but not limited to enhancements, corrections, |
1195 |
+improvements, modified versions, or Derivative Works of all the |
1196 |
+foregoing, in whole or in part, whether developed or co-developed by |
1197 |
+Altera, or developed or co-developed by Licensee pursuant to this |
1198 |
+Agreement. To assist Altera in perfecting its ownership rights in and |
1199 |
+to the intellectual property described in this Section 3.1, You and |
1200 |
+Licensee agree to assign and hereby assign to Altera all Intellectual |
1201 |
+Property Rights that You and Licensee may otherwise have acquired in |
1202 |
+and to the intellectual property described herein, and You and |
1203 |
+Licensee agree to assist and cooperate with Altera in all reasonable |
1204 |
+respects in: (a) any actions to establish, transfer, or maintain such |
1205 |
+ownership rights, including executing any documents associated |
1206 |
+therewith; and (b) actions of enforcement of such ownership rights. |
1207 |
+To the extent that any rights You and/or Licensee may have acquired |
1208 |
+cannot be assigned under applicable law (for example, moral rights), |
1209 |
+You and Licensee agree to waive and hereby waive any and all rights |
1210 |
+related to the Intellectual Property Right described in this Section |
1211 |
+3.1, including without limitation any and all rights of identification |
1212 |
+of authorship and any and all rights of approval, restrictions or |
1213 |
+limitation on use, or subsequent modification. |
1214 |
+ |
1215 |
+ 3.2. Licensee recognizes and acknowledges that Altera is or |
1216 |
+may be independently developing for commercial use products that may |
1217 |
+be complementary to or competitive with Licensee's products and may in |
1218 |
+future independently develop products that may compete with Licensee's |
1219 |
+products. Nothing in this Agreement shall limit Altera's independent |
1220 |
+development and marketing or distribution of any products or systems, |
1221 |
+provided such independent development is accomplished without use of |
1222 |
+Licensee's confidential information. The existence of this Agreement |
1223 |
+shall not prevent Altera from undertaking discussions with third |
1224 |
+parties, including Licensee's competitors. |
1225 |
+ |
1226 |
+4. Confidential Information. The Confidential Information |
1227 |
+constitutes trade secrets and confidential and proprietary information |
1228 |
+of Altera and its licensors, and You and Licensee agree not to access |
1229 |
+or Use the Licensed Software or portions thereof, directly or |
1230 |
+indirectly, except and to the extent expressly permitted under this |
1231 |
+Agreement or by applicable law. Altera and its licensors retain all |
1232 |
+rights in and to the Licensed Software, modifications, derivatives, |
1233 |
+updates, and upgrades, and all Intellectual Property Rights associated |
1234 |
+with any of the foregoing. No other rights or licenses are granted by |
1235 |
+implication, estoppel or otherwise, to You, Licensee, or any third |
1236 |
+party. |
1237 |
+ |
1238 |
+ 4.1. With respect to Confidential Information, You and |
1239 |
+Licensee agree: (a) to use at least the same degree of care as |
1240 |
+Licensee uses with respect to its own Confidential Information of |
1241 |
+similar importance, but in no event less than reasonable care, to |
1242 |
+prevent any Confidential Information from being disclosed to any third |
1243 |
+party, except as otherwise permitted by this Agreement; (b) not to use |
1244 |
+or disclose Confidential Information for any purpose except to the |
1245 |
+extent necessary and for the purpose of programming Altera Devices |
1246 |
+with the Licensed Software (the "Intended Purpose"); and (c) to |
1247 |
+restrict the disclosure and possession of Confidential Information |
1248 |
+solely to those of Licensee's Users, employees and Authorized |
1249 |
+Contractors with a need to know/need to access for the Intended |
1250 |
+Purpose, who agree to be bound by written confidentiality agreements |
1251 |
+no less strict than those contained in this Agreement. Licensee |
1252 |
+agrees to be liable to Altera for any breaches by Licensee, its Users, |
1253 |
+employees and Authorized Contractors of the confidentiality |
1254 |
+obligations in this Section 4.1. |
1255 |
+ |
1256 |
+ 4.2. You will have no obligations of confidentiality with |
1257 |
+respect to any Confidential Information to the extent that it is: (a) |
1258 |
+already in the public domain or falls into the public domain through |
1259 |
+no breach of this Agreement (or any other obligation to Altera) by |
1260 |
+You, Your employees and Authorized Contractors; (b) already rightfully |
1261 |
+known to You without any obligation of confidentiality; (c) is |
1262 |
+rightfully obtained by You from a third party; or (d) developed |
1263 |
+independently by You, Your employees or Authorized Contractors without |
1264 |
+breach of Your obligation of confidentiality under this Agreement. |
1265 |
+With respect to a disclosure required by order of a court or an |
1266 |
+authorized government agency, You may disclose Confidential |
1267 |
+Information, provided: (i) that You give prompt written notice of any |
1268 |
+such required disclosure to Altera; (ii) You disclose the Confidential |
1269 |
+Information only to the extent required by such court or governmental |
1270 |
+agency; and (iii) You provide reasonable assistance to Altera in its |
1271 |
+efforts to protect the confidentiality of the Confidential Information |
1272 |
+required to be disclosed. |
1273 |
+ |
1274 |
+ 4.3. Notwithstanding anything in this Agreement to the |
1275 |
+contrary, Licensee agrees that Altera may disclose Licensee's identity |
1276 |
+by name and address, and identify the Licensed Software licensed to |
1277 |
+Licensee, to the extent required by its agreement with its licensors |
1278 |
+and Authorized Distributors. |
1279 |
+ |
1280 |
+5. Limited Warranty and Disclaimer of Warranties. |
1281 |
+ |
1282 |
+ 5.1. Limited Warranty. Unless You are using the Licensed |
1283 |
+Software through the OpenCore Plus Evaluation Feature (in which case |
1284 |
+the limited warranty described in this Section 5 will not apply, and |
1285 |
+the Licensed Software is provided to You on an "AS-IS", "with all |
1286 |
+faults", and on a "no warranty" basis) Altera warrants that, until |
1287 |
+the Maintenance Expiration Date (the "Warranty Period"), the Licensed |
1288 |
+Software will conform to the Specifications in all material respects |
1289 |
+if used in compliance with the terms and conditions of this Agreement. |
1290 |
+This warranty is personal to Licensee, and is not transferable to end- |
1291 |
+user customers or to any third party. If the Licensed Software does |
1292 |
+not materially conform to its Specifications, You agree to promptly |
1293 |
+notify Altera in writing of such alleged nonconformance, and provide |
1294 |
+sufficient details or evidence to allow Altera to reproduce the |
1295 |
+alleged defect or nonconformance. Altera shall have no obligation to |
1296 |
+remedy any nonconformance or defect it cannot replicate. During the |
1297 |
+Warranty Period, Altera may, at Altera's sole option: (i) replace any |
1298 |
+Licensed Software not meeting the foregoing warranty (either directly |
1299 |
+or through its Authorized Distributor) provided the Licensed Software |
1300 |
+is returned to Altera or the Authorized Distributor with adequate |
1301 |
+proof of purchase; or (ii) if Altera is unable to remedy the defect or |
1302 |
+nonconformance after reasonable commercial efforts, Altera may elect |
1303 |
+to refund to Licensee the license fee actually paid for the Licensed |
1304 |
+Software during the previous twelve (12) months. Any replacement |
1305 |
+Licensed Software will be warranted for the remainder of the original |
1306 |
+Warranty Period or thirty (30) days, whichever is longer. Your sole |
1307 |
+remedy, and Altera's sole obligation for a breach of the warranty in |
1308 |
+this Section 5.1 shall be replacement or the refund specified in |
1309 |
+subsections (i) and (ii) above. If Altera refunds the license fee in |
1310 |
+accordance with subsection (ii) above, Licensee's license and any |
1311 |
+rights under this Agreement will terminate immediately, and You agree |
1312 |
+to irrevocably destroy the nonconforming Licensed Software including |
1313 |
+any copies thereof and portions thereof incorporated into a design or |
1314 |
+product, and certify in writing to its destruction to Altera. |
1315 |
+ |
1316 |
+ 5.2. The foregoing warranty in Section 5.1 extends only to |
1317 |
+the Licensed Software in the form delivered by Altera and its |
1318 |
+Authorized Distributors to Licensee, and not to any: (a) |
1319 |
+modifications not made by Altera or its Authorized Distributor; (b) |
1320 |
+misuse, abuse, or use of the Licensed Software outside its Intended |
1321 |
+Purpose; (c) failure to use compatible Altera Devices as set forth in |
1322 |
+the Specifications; or (d) Third Party Materials. |
1323 |
+ |
1324 |
+ 5.3. Disclaimer of Warranties. THE FOREGOING WARRANTIES ARE |
1325 |
+IN LIEU OF ALL OTHER WARRANTIES, EXPRESS OR IMPLIED, WITH RESPECT TO |
1326 |
+THE LICENSED SOFTWARE OR SUPPORT SERVICES, INCLUDING BUT NOT LIMITED |
1327 |
+TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A |
1328 |
+PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, AND ANY IMPLIED |
1329 |
+WARRANTIES ARISING FROM STATUTE, COURSE OF DEALING, COURSE OF |
1330 |
+PERFORMANCE OR USAGE OF TRADE. ALTERA DOES NOT WARRANT THAT THE |
1331 |
+FUNCTIONS IN THE LICENSED SOFTWARE WILL MEET LICENSEE'S REQUIREMENTS |
1332 |
+OR THAT THE OPERATION OF THE LICENSED SOFTWARE WILL BE UNINTERRUPTED |
1333 |
+OR ERROR-FREE, AND DOES NOT MAKE ANY REPRESENTATIONS REGARDING THE USE |
1334 |
+OF THE LICENSED SOFTWARE FOR ACCURACY, RELIABILITY, OR OTHERWISE. |
1335 |
+ALTERA EXPRESSLY DISCLAIMS ALL WARRANTIES NOT EXPRESSLY STATED IN THIS |
1336 |
+AGREEMENT. EXCEPT AND TO THE EXTENT OTHERWISE PROVIDED UNDER THIS |
1337 |
+AGREEMENT, LICENSEE ASSUMES THE ENTIRE RISK AS TO THE QUALITY AND |
1338 |
+PERFORMANCE OF THE LICENSED SOFTWARE AND ANY DESIGN OR PRODUCT IN |
1339 |
+WHICH THE LICENSED SOFTWARE MAY BE USED, INCLUDING, WITHOUT |
1340 |
+LIMITATION, ANY LICENSED PRODUCTS. No representation or other |
1341 |
+affirmation of fact, including but limited to statements regarding |
1342 |
+capacity, suitability for use or performance of the Licensed Software, |
1343 |
+whether made by Altera employees or otherwise, shall be deemed to be a |
1344 |
+warranty for any purpose or give rise to any liability of Altera |
1345 |
+whatsoever. Some jurisdictions do not allow the exclusion of implied |
1346 |
+warranties, so the above exclusions may not apply to You or Licensee, |
1347 |
+but shall be interpreted to apply to the maximum extent permissible |
1348 |
+under applicable law. |
1349 |
+ |
1350 |
+6. Third Party Licensors. The Licensed Software may contain or |
1351 |
+include Third Party Materials licensed or provided to Altera by third |
1352 |
+parties (the "Third Party Licensors") which may be subject to |
1353 |
+additional terms and conditions or restrictions imposed by such Third |
1354 |
+Party Licensors in a separate license agreement (the "Third Party |
1355 |
+Licenses"). Such Third Party Licenses will be identified in a |
1356 |
+separate file, header, or release notes, and the Third Party Licenses |
1357 |
+document describing each such Third Party Licenses associated with |
1358 |
+every Altera product. A hyperlink to an Altera database containing |
1359 |
+the text of all Third Party Licenses may be accessed by clicking on |
1360 |
+the applicable line in the Third Party Licenses document. With |
1361 |
+respect to the Third Party Materials that are not governed by a |
1362 |
+separate Third Party License, the Third Party Licensors of such Third |
1363 |
+Party Materials are intended third party beneficiaries of the terms of |
1364 |
+this Agreement. |
1365 |
+ |
1366 |
+7. Term and Termination. |
1367 |
+ |
1368 |
+ 7.1. Term. This Agreement will commence when you download |
1369 |
+and install the Licensed Software, and will remain in effect unless |
1370 |
+terminated by either party, or terminated in accordance with its |
1371 |
+terms, whichever occurs first. |
1372 |
+ |
1373 |
+ 7.2. Termination. If the Licensed Software is licensed for |
1374 |
+evaluation purposes as described in Section 2.3, then this Agreement |
1375 |
+and the rights granted hereunder will automatically terminate in |
1376 |
+accordance with Section 2.2 above, or upon notice by Altera. |
1377 |
+Additionally, Altera may terminate this Agreement in accordance with |
1378 |
+its terms. Licensee may terminate it at any time by uninstalling and |
1379 |
+irrevocably destroying the Licensed Software, including all |
1380 |
+modifications, copies, and all portions of the foregoing, and |
1381 |
+certifying to such destruction in a writing signed by an officer of |
1382 |
+Licensee. Altera may terminate the license immediately if You or |
1383 |
+Licensee fail to comply with any material term or condition of this |
1384 |
+Agreement, including but not limited to Licensee's breach of the |
1385 |
+license rights granted in this Agreement, breach of Licensee's or Your |
1386 |
+obligation of confidentiality, or if Licensee: (a) ceases to do |
1387 |
+business or terminates its business operations; or (b) becomes |
1388 |
+insolvent or seeks protection under any bankruptcy or liquidation or |
1389 |
+similar proceedings. |
1390 |
+ |
1391 |
+ 7.3. Effect of Termination. Upon termination of this |
1392 |
+Agreement for any reason, the licenses and any rights granted under |
1393 |
+this Agreement shall terminate, and Licensee agrees to irrevocably |
1394 |
+destroy, and shall cause any Licensee employees and Authorized |
1395 |
+Contractors to irrevocably destroy, the Licensed Software and all |
1396 |
+portions thereof in Your and Licensee's possession or under Your or |
1397 |
+its control (including any portions thereof merged into a design or |
1398 |
+Licensed Product not already distributed), and certify the same to |
1399 |
+Altera in writing. You shall not continue to use the Licensed |
1400 |
+Software or any portion thereof in development after termination of |
1401 |
+the Agreement, but You may keep a single copy of the Licensed Software |
1402 |
+solely for archival purposes, or to provide support to end users or |
1403 |
+customers. |
1404 |
+ |
1405 |
+8. Maintenance and Support. |
1406 |
+ |
1407 |
+ 8.1. Unless Licensee has licensed the Licensed Software |
1408 |
+through the OpenCore Plus Evaluation Feature, Altera will provide |
1409 |
+support and maintenance for the Licensed Software until the date |
1410 |
+listed in the license file for a particular MegaCore Function "in the |
1411 |
+format YYYY.MM" (the "Maintenance Expiration Date"). After |
1412 |
+expiration of the Warranty Period, upon payment of the applicable |
1413 |
+support fee Altera or its Authorized Distributor, as the case may be, |
1414 |
+shall: (i) be obligated to provide Support for the Licensed Software |
1415 |
+(including bug fixes, error corrections and any other updates made |
1416 |
+generally available by Altera to licensees that purchase support and |
1417 |
+maintenance) for a period of 12 months from the date of the license |
1418 |
+purchase or renewal, or the date of the license activation, whichever |
1419 |
+is later; and (ii) use commercially reasonable efforts to provide to |
1420 |
+You fixes to defects in the Licensed Software that cause the Licensed |
1421 |
+Software not to conform in all material respects with the |
1422 |
+Specifications that are diagnosed as non-conformances, and are capable |
1423 |
+of replication by Altera; (iii) provide to You fixes and other updates |
1424 |
+to the Licensed Software that Altera, in its sole discretion, chooses |
1425 |
+to make generally available to its licensees without a separate |
1426 |
+charge; and (iv) respond by telephone or email to Your inquiries for |
1427 |
+support. |
1428 |
+ |
1429 |
+ 8.2. Exclusions. Altera is not and shall not be obligated |
1430 |
+to provide any maintenance or support for Licensed Software obtained |
1431 |
+through the OpenCore Plus Evaluation Feature. Except as described in |
1432 |
+Section 8.1 above, Altera will not have any obligation to provide any |
1433 |
+maintenance, support, or training, or to provide any error |
1434 |
+corrections, updates, upgrades, new versions, other modifications, or |
1435 |
+enhancements to the Licensed Software, the Altera Devices, or any |
1436 |
+Licensed Products. Licensee will be responsible, at its own expense, |
1437 |
+for providing technical support and training to any Licensee customers |
1438 |
+and any other end users of the Licensed Software or Licensed Products, |
1439 |
+and Altera will have no obligation to support any of the foregoing. |
1440 |
+Licensee will be solely responsible for, and Altera shall have no |
1441 |
+obligation to honor, any warranties that Licensee may provide to |
1442 |
+Licensee customers or to any other end users of the Licensed Products. |
1443 |
+ |
1444 |
+9. Indemnification. |
1445 |
+ |
1446 |
+ 9.1. Subject to the provisions of this Agreement, and |
1447 |
+provided Licensee has not acquired the Licensed Software through the |
1448 |
+OpenCore Plus Evaluation License (in which case Altera is not |
1449 |
+obligated to provide any defense or indemnification), Altera will |
1450 |
+defend Licensee from and to the extent based on a claim by a third |
1451 |
+party that the Licensed Software, in the form delivered by Altera or |
1452 |
+its Authorized Distributor and used by Licensee and You in accordance |
1453 |
+with this Agreement, infringes a third party's United States or |
1454 |
+European Union copyright, trade secret or trademark, and will pay any |
1455 |
+damages finally awarded as a result of the claim or amount agreed to |
1456 |
+by Altera as part of a settlement, provided that: (i) Licensee |
1457 |
+notifies Altera promptly in writing of any such claim, and (ii) |
1458 |
+reasonably cooperates, at Altera's expense, in the defense or |
1459 |
+settlement of such claim. Altera shall have sole authority to control |
1460 |
+the defense and all related settlement negotiations, but Licensee |
1461 |
+shall have the right to be represented by its own attorney, at its |
1462 |
+sole expense. The foregoing indemnity does not extend to claims |
1463 |
+resulting from: (a) any modifications of the Licensed Software by a |
1464 |
+party other than Altera and its Authorized Distributors; (b) use of |
1465 |
+the Licensed Software outside the scope of the licenses granted under |
1466 |
+this Agreement; (c) the combination or use of the Licensed Software |
1467 |
+with other products, software components or systems, to the extent |
1468 |
+that the claim of infringement results from such combination or use; |
1469 |
+(d) the use of other than the most recent version of the Licensed |
1470 |
+Software, if the infringement claim would have been avoided by use of |
1471 |
+the most recent version of Licensed Software; (e) any requirements |
1472 |
+specified by Licensee; (f) any unauthorized use of the Licensed |
1473 |
+Software, to the extent Altera has indicated in the Specifications |
1474 |
+that third-party licenses may be required to use such Licensed |
1475 |
+Software; or (g) any third party products, software, components, |
1476 |
+systems, or materials. |
1477 |
+ |
1478 |
+ 9.2. Remedies. If, in Altera's judgment, the Use and/or |
1479 |
+licensing of the Licensed Software is likely to be enjoined by a |
1480 |
+court, Altera shall, at its option and expense (but subject to the |
1481 |
+terms and conditions of this Agreement) either: (i) procure the right |
1482 |
+to allow Licensee the continued rights to use the Licensed Software; |
1483 |
+or (ii) replace or modify the Licensed Software so that it becomes |
1484 |
+non-infringing, provided that the replacement or modified version |
1485 |
+substantially meets the Specifications applicable to the original |
1486 |
+Licensed Software. If Altera is unable, after exercising reasonable |
1487 |
+commercial efforts, to obtain such license or provide such replacement |
1488 |
+or modification, Altera may in its sole discretion terminate this |
1489 |
+Agreement, in which case You and Licensee agree to irrevocably destroy |
1490 |
+the Licensed Software, including all copies and portions thereof in |
1491 |
+any form (including any portions thereof merged into a design or a |
1492 |
+product that has not been distributed), and certify the same in |
1493 |
+writing to Altera. Altera will refund the license fee paid during the |
1494 |
+previous one (1) calendar year for such Licensed Software. Upon |
1495 |
+performance by Altera of the remedies above, the liability of Altera |
1496 |
+for such alleged infringement shall terminate with respect to all |
1497 |
+damages arising from or relating to such alleged infringement after |
1498 |
+the date of Altera's performance. Sections 9.1 and 9.2 of the |
1499 |
+Agreement state Altera's entire liability, and Your and Licensee's |
1500 |
+sole and exclusive remedies, with regards to infringement claims. |
1501 |
+ |
1502 |
+10. Limitation of Liability. |
1503 |
+ |
1504 |
+ 10.1. OpenCore Plus Evaluation License Limitation of |
1505 |
+Liability. YOU UNDERSTAND AND AGREE THAT THE LICENSED SOFTWARE MAY BE |
1506 |
+FUNCTION-, TIME-, OR CLOCK CYCLE LIMITED, AND THEREFORE YOU AND |
1507 |
+LICENSEE ACKNOWLEDGE AND AGREE THAT IN NO EVENT WILL ALTERA BE HELD |
1508 |
+LIABLE FOR ANY DAMAGES, LOSSES, COSTS, LIABILITIES OR EXPENSES TO YOU |
1509 |
+OR TO ANY THIRD PARTY ARISING FROM OR RELATING TO THE AUTOMATIC |
1510 |
+DISABLING OF ANY LICENSED SOFTWARE FUNCTIONS OBTAINED THROUGH THE |
1511 |
+OPENCORE PLUS EVALUATION LICENSE. |
1512 |
+ |
1513 |
+ 10.2. No Indirect Damages. TO THE MAXIMUM EXTENT PERMITTED BY |
1514 |
+APPLICABLE LAW, UNDER NO CIRCUMSTANCES WILL ALTERA, ITS LICENSORS OR |
1515 |
+AUTHORIZED DISTRIBUTORS BE LIABLE TO YOU, TO LICENSEE, OR TO ANY THIRD |
1516 |
+PARTY FOR ANY INDIRECT, CONSEQUENTIAL, INCIDENTAL, PUNITIVE, OR |
1517 |
+SPECIAL DAMAGES OF ANY KIND OR NATURE INCLUDING BUT NOT LIMITED TO |
1518 |
+LOSS OF PROFITS, LOSS OR INACCURACY OF DATA, LOSS OF USE, COSTS OF |
1519 |
+PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES IN CONNECTION WITH THE |
1520 |
+SUBJECT MATTER OF THIS AGREEMENT OR USE OF THE LICENSED SOFTWARE, IN |
1521 |
+WHOLE OR IN PART, UNDER ANY THEORY OF LIABILITY, EVEN IF SUCH LOSSES |
1522 |
+WERE REASONABLY FORESEEABLE OR ALTERA HAS BEEN ADVISED OF THE |
1523 |
+POSSIBILITY OF OCCURRENCE OF SUCH DAMAGES. |
1524 |
+ |
1525 |
+ 10.3. Damages Cap. IN NO EVENT SHALL ALTERA'S TOTAL AGGREGATE |
1526 |
+LIABILITY UNDER THIS AGREEMENT EXCEED THE LICENSE FEE ACTUALLY PAID |
1527 |
+BY LICENSEE TO ALTERA FOR THE SPECIFIC LICENSE GIVING RISE TO THE |
1528 |
+CLAIM FOR THE PRECEDING ONE (1) YEAR PERIOD. |
1529 |
+ |
1530 |
+ 10.4. Failure of Essential Purpose. WITHOUT LIMITING THE |
1531 |
+FOREGOING, IT IS EXPRESSLY UNDERSTOOD AND AGREED BY THE PARTIES HERETO |
1532 |
+THAT EACH AND EVERY PROVISION OF THIS AGREEMENT WHICH PROVIDES FOR A |
1533 |
+LIMITATION OF LIABILITY, DISCLAIMER OF WARRANTY OR EXCLUSION OF |
1534 |
+DAMAGES IS INTENDED BY THE PARTIES TO BE SEVERABLE AND INDEPENDENT OF |
1535 |
+ANY OTHER SUCH PROVISION. FURTHER, IN THE EVENT THAT ANY REMEDY |
1536 |
+HEREUNDER IS DETERMINED TO HAVE FAILED OF ITS ESSENTIAL PURPOSE, ALL |
1537 |
+LIMITATIONS OF LIABILITY AND EXCLUSIONS OF DAMAGES SHALL REMAIN IN |
1538 |
+EFFECT, TO THE MAXIMUM EFFECT PERMITTED BY APPLICABLE LAW. |
1539 |
+ |
1540 |
+ 10.5. Hazardous Applications and Uses. THE LICENSED SOFTWARE |
1541 |
+IS NOT INTENDED OR DESIGNED TO BE FAIL-SAFE FOR USE IN ANY APPLICATION |
1542 |
+REQUIRING FAIL-SAFE PERFORMANCE, SUCH AS LIFE SUPPORT, SAFETY OR |
1543 |
+MEDICAL DEVICE SYSTEMS, NUCLEAR FACILITIES, OR ANY OTHER APPLICATIONS |
1544 |
+THAT COULD LEAD TO DEATH, PERSONAL INJURY, OR SEVERE PROPERTY OR |
1545 |
+ENVIRONMENTAL DAMAGE (COLLECTIVELY, "HAZARDOUS APPLICATIONS"). THE |
1546 |
+LICENSED SOFTWARE IS ALSO NOT DESIGNED OR INTENDED FOR USE WITH ANY |
1547 |
+APPLICATIONS THAT CONTROL VEHICLES OR AIRCRAFT. LICENSEE AGREES THAT |
1548 |
+PRIOR TO USING OR DISTRIBUTING ANY SYSTEMS DEVELOPED BY USE OF THE |
1549 |
+LICENSED SOFTWARE OR THAT INCORPORATE A PORTION OF THE LICENSED |
1550 |
+SOFTWARE, TO THOROUGHLY TEST SUCH SYSTEMS FOR SAFETY PURPOSES. TO THE |
1551 |
+MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, LICENSEE ASSUMES ALL RISK |
1552 |
+AND LIABILITY FOR ANY HAZARDOUS APPLICATIONS AND USES IN APPLICATONS |
1553 |
+THAT CONTROL VEHICLES OR AIRCRAFT. |
1554 |
+ |
1555 |
+ 10.6 Altera is willing to enter into this Agreement only in |
1556 |
+consideration of and in reliance of the terms and conditions contained |
1557 |
+herein limiting Altera's exposure to liability. Such provisions |
1558 |
+constitute an essential part of the bargain underlying this Agreement |
1559 |
+and have been reflected in the consideration hereto. The parties |
1560 |
+understand and agree that the exclusion of warranties, limitation of |
1561 |
+liability, and the limitation of remedies allocate risks between the |
1562 |
+parties as authorized under applicable law. |
1563 |
+ |
1564 |
+ 10.7. NOTWITHSTANDING THE FOREGOING, THE LIMITATIONS OF |
1565 |
+LIABILITY IN THIS SECTION 10 WILL NOT APPLY WITH RESPECT TO DEATH, |
1566 |
+SERIOUS BODILY INJURY, OR DAMAGE TO PERSONAL PROPERTY RESULTING FROM A |
1567 |
+PARTY'S GROSS NEGLIGENCE OR INTENTIONAL MISCONDUCT. |
1568 |
+ |
1569 |
+11. General Terms and Conditions. |
1570 |
+ |
1571 |
+ 11.1. General Terms. This Agreement is entered into for the |
1572 |
+benefit of Altera, its licensors, and Authorized Distributors, and all |
1573 |
+rights granted to Licensee, its Users, and Authorized Contractors, and |
1574 |
+obligations owed to Altera and the Authorized Distributors, shall be |
1575 |
+enforceable by Altera, its licensors and the Authorized Distributors. |
1576 |
+No modification of this Agreement will be binding unless in writing |
1577 |
+and signed by authorized representatives of each party. If any of |
1578 |
+the provisions of this Agreement are in violation of applicable law, |
1579 |
+void, or unenforceable, then such provisions shall be deemed to be |
1580 |
+deleted from the Agreement, but the remaining provisions shall remain |
1581 |
+in full force and effect. If You have any questions concerning this |
1582 |
+Agreement, including questions relating to software maintenance or |
1583 |
+warranty service, please contact Altera Corporation, 101 Innovation |
1584 |
+Drive, San Jose, CA 95134. |
1585 |
+ |
1586 |
+ 11.2. By downloading, installing, copying or using the |
1587 |
+Licensed Software, or by paying a license or other applicable fee, You |
1588 |
+acknowledge that You have read this Agreement, understand it, and |
1589 |
+agree to be bound by its terms and conditions. You further agree |
1590 |
+that the Agreement is the complete and entire agreement between You |
1591 |
+and Altera with respect to the subject matter hereof. No statements, |
1592 |
+promises or representations have been made by one party to the other, |
1593 |
+or are relied upon by either party when entering into this Agreement. |
1594 |
+All prior and contemporaneous discussions and negotiations, whether |
1595 |
+verbal or written, are merged into and superseded by the Agreement. |
1596 |
+No entity or person not a party hereto shall have any interest under |
1597 |
+this Agreement, or be deemed to be a third party beneficiary thereof. |
1598 |
+ |
1599 |
+ 11.3. Audit Rights. Licensee agrees to keep complete and |
1600 |
+accurate books and records which confirm its compliance with the terms |
1601 |
+and conditions of this Agreement. Altera shall have a right to audit |
1602 |
+Licensee's facilities and records, provided that such audit: (a) shall |
1603 |
+be conducted at reasonable times, upon reasonable prior written |
1604 |
+notice; (b) shall not unreasonably interfere with Licensee's normal |
1605 |
+business operations. This Section 11.3 shall survive for three (3) |
1606 |
+years after expiration or termination of this Agreement. |
1607 |
+ |
1608 |
+ 11.4. No Assignment. The license and rights granted to |
1609 |
+Licensee hereunder are personal in nature. Licensee may not |
1610 |
+sublicense, delegate, assign, or otherwise transfer this Agreement or |
1611 |
+any of the rights or obligations contained therein. Any attempt to do |
1612 |
+so will be void and shall have no force and effect, and shall |
1613 |
+immediately terminate all licenses and rights granted under this |
1614 |
+Agreement. Without limiting the foregoing, in the event of a merger, |
1615 |
+reorganization, or change in control of fifty percent (50%) or more of |
1616 |
+Licensee's equity or voting interest ("Change of Control") no transfer |
1617 |
+or assignment (including but not limited to by operation of law) of |
1618 |
+this Agreement may be made without Altera's prior written consent, |
1619 |
+which may be withheld at Altera's sole discretion. |
1620 |
+ |
1621 |
+ 11.5. Export Control. The Licensed Software, technical data, |
1622 |
+any products developed with or utilizing the Licensed Software, |
1623 |
+Confidential Information, or any modifications or portions thereto |
1624 |
+(collectively, the "Exported Software") is subject to U.S. and may be |
1625 |
+subject to non-U.S. export control laws and regulations. Licensee may |
1626 |
+not export, re-export, transfer or otherwise distribute the Exported |
1627 |
+Software, in violation of the export control laws and regulations of |
1628 |
+U.S. or non-U.S. laws and regulations, as may be amended from time to |
1629 |
+time. It is Licensee's responsibility, at its sole expense, to |
1630 |
+obtain all approvals, licenses and consents required from any |
1631 |
+government entity prior to any export or re-export of the Exported |
1632 |
+Software for any reason. |
1633 |
+ |
1634 |
+ 11.6. Governing Law/Venue. This Agreement will be governed |
1635 |
+by the laws of the State of California, United States of America, |
1636 |
+without reference to its choice of laws provisions. Licensee agrees |
1637 |
+to submit to the exclusive jurisdiction of the state and federal |
1638 |
+courts in the County of Santa Clara, State of California for the |
1639 |
+resolution of any dispute or claim arising out of or relating to this |
1640 |
+Agreement. The prevailing party in any legal action, settlement or |
1641 |
+arbitration arising out of this Agreement shall be entitled to |
1642 |
+reimbursement for its expenses, including court costs and reasonable |
1643 |
+attorneys' fees, in addition to any other rights and remedies such |
1644 |
+party may have. |
1645 |
+ |
1646 |
+ 11.7. U.S. Government Restricted Rights. Licensee |
1647 |
+acknowledges and agrees that all software and software-related items |
1648 |
+licensed by Altera pursuant to this Agreement are "Commercial Computer |
1649 |
+Software" or "Commercial Computer Software Documentation" as defined |
1650 |
+in FAR 12.212 for civilian agencies and DFARS 227-7202 for military |
1651 |
+agencies (as amended) and in the event Licensee is permitted under |
1652 |
+this Agreement to provide such items to the U.S. government, such |
1653 |
+items shall be provided under terms that are at least as restrictive |
1654 |
+as the provisions of this Agreement. The Contractor/manufacturer is |
1655 |
+Altera Corporation, 101 Innovation Drive, San Jose, CA 95134. |
1656 |
+ |
1657 |
+ 11.8. Survival. If the Agreement terminates for any reason, |
1658 |
+all definitions in this Agreement and the rights, obligations, and |
1659 |
+restrictions under Sections 1 (Definitions); 2.3 (Reservation of |
1660 |
+Rights) 2.6 (Intellectual Property Rights Notices); 2.9 (No Other |
1661 |
+Licenses or Grant of Intellectual Property Rights); 3 (Ownership and |
1662 |
+Future Development); 4 (Confidential Information); 5.3 (Disclaimer of |
1663 |
+Warranties); 6 (Third Party Licensors); 7.3 (Effect of Termination); 9 |
1664 |
+(Indemnification); 10 (Limitation of Liability); and 11 (General Terms |
1665 |
+and Conditions) shall survive termination of the Agreement. |
1666 |
+ |
1667 |
+[END OF MEGACORE FUNCTION V. 15.1 LICENSE TERMS AND |
1668 |
+CONDITIONS] |
1669 |
+ |
1670 |
+ |
1671 |
+ |
1672 |
+=================================================================== |
1673 |
+ |
1674 |
+THIRD-PARTY LICENSES |
1675 |
+ |
1676 |
+NOTE: The following third-party licenses and notices represent each |
1677 |
+third-party contributor's use requirements for Your usage of any third- |
1678 |
+party software incorporated into or provided in conjunction with the |
1679 |
+Altera product(s) licensed under the Altera Software License Agreement |
1680 |
+("Agreement"). The provisions contained in each such license apply |
1681 |
+only to the respective Third-Party Components (as such term is defined |
1682 |
+in the Agreement) and not to any Altera products licensed to You. |
1683 |
+ |
1684 |
+Quartus Prime THIRD-PARTY LICENSES |
1685 |
+------------------------------------------------------------------ |
1686 |
+1. Liberation Fonts 2.00.1 (SIL Open Font License, Version 1.1) |
1687 |
+2. Alphanum 1.0 (libpng/zlib License) |
1688 |
+3. AngularJS 1.0.8 (MIT License) |
1689 |
+4. AngularJS 1.2.0 (MIT License) |
1690 |
+5. Apache Xerces C++ 2.6 (Apache v. 2.0 license) |
1691 |
+6. autopep8 0.9.7 (MIT License) |
1692 |
+7. Base64 decoder 1.0 (Zlib License) |
1693 |
+8. boost 1.53.0 (MIT-style License) |
1694 |
+9. Bootstrap components for AngularJS 0.10.0 (MIT License) |
1695 |
+10. Bootstrap components for AngularJS 0.6.0 (MIT License) |
1696 |
+11. Bottle 0.12.7 (MIT License) |
1697 |
+12. buddy 2.2 (BSD-style License) |
1698 |
+13. bwidget 1.4.1 (BSD-style License) |
1699 |
+14. Cajun 2.0.1 (3 Clause BSD License) |
1700 |
+15. CherryPy 3.5.0 (3 Clause BSD License) |
1701 |
+16. Cygwin 1.7.32 (GPL v. 3.0) |
1702 |
+17. D3.js: Data-Driven Documents 2.10.3 (3 Clause BSD Licens) |
1703 |
+18. D3.js: Data-Driven Documents 3.0.0 (3 Clause BSD Licens) |
1704 |
+19. Django 1.6 (3 Clause BSD License) |
1705 |
+20. Editline Library (libedit) 0:42:0 (NetBSD License) |
1706 |
+21. Eigen3 3.2.1 (Mozilla Public License Version 2.0) |
1707 |
+22. Flake8 2.1.0 (MIT License) |
1708 |
+23. GD 2.0.34 (BSD-style License) |
1709 |
+24. Google Mock and Google Test 1.7 (BSD 3 Clause License) |
1710 |
+25. gzip 1.3.12 (GPL v. 2.0 License) |
1711 |
+26. HTTP-Parser 2.1 (MIT License) |
1712 |
+27. IBM.ICU 4.4.2 (IBM ICU License and additional Third Party terms) |
1713 |
+28. ICU 3.4 (IBM License and additional third party terms) |
1714 |
+29. INCR TCL 4.0 (BSD-Style License) |
1715 |
+30. javasysmon 0.3.5 (BSD 2 Clause License) |
1716 |
+31. jdbc sqlite 20120209 (Apache v. 2.0 license) |
1717 |
+32. jpeg 6b (Indedendent JPEG Group License) |
1718 |
+33. jQuery 1.9.1 (MIT License) |
1719 |
+34. jQuery UI 1.10.2 (MIT License) |
1720 |
+35. jQuery UI Layout Plug-in 1.3.0.rc30.79 (MIT License, GPL v.3 License) |
1721 |
+36. JRE Java SE 6 (Oracle Binary Code License) |
1722 |
+37. LIBCURL 7.36.0 (MIT/X Derivative License) |
1723 |
+38. Libelf 0.8.10 (LGPL v. 2.1 License) |
1724 |
+39. Liberty Parser 2.6 (SYNOPSYS Open Source License Version 1.0) |
1725 |
+40. libpng 1.2.18 (Libpng License) |
1726 |
+41. lpsolve 5.5.0.10 (LGPL v 2.1 License) |
1727 |
+42. make 3.81 (GPL v. 2.0 License) |
1728 |
+43. McCabe 0.2.1 (MIT License) |
1729 |
+44. metis 4.0.1 (GPL v. 2.0 License) |
1730 |
+45. MINISAT 2 2.2.0 (MIT License) |
1731 |
+46. mongoose 3.8 (MIT License) |
1732 |
+47. Normalize.css 2.1.3 (MIT License) |
1733 |
+48. OpenSSL 1.0.1h (BSD-style License) |
1734 |
+49. OpenSSL 1.0.1m (BSD-style License) |
1735 |
+50. Peewee 2.1.6 (MIT License) |
1736 |
+51. pep8 1.4.6 (MIT License) |
1737 |
+52. Perl 5.8.8 (GPL v. 1.0 or the Artistic License) |
1738 |
+53. PicNet Table Filter (MIT License) |
1739 |
+54. Protobuf 2.5.0 (BSD 3 Clause License) |
1740 |
+55. psutil 1.2.1 (3 Clause BSD License) |
1741 |
+56. pyflakes 3.2.2 (MIT License) |
1742 |
+57. Python 3.3.0 (PSF License for Python 3.3.0) |
1743 |
+58. pyzeromq 14.0.0 (Modified BSD License) |
1744 |
+59. Requests 2.3.0 (Apache v. 2.0 license) |
1745 |
+60. setuptools 2.0 (PSF or ZPL License) |
1746 |
+61. superlu 2.2.0 (BSD 3 Clause License) |
1747 |
+62. systemc 2.1 (SystemC Open Source License v. 3.3) |
1748 |
+63. Tablelist 5.5 (MIT style license) |
1749 |
+64. TableSorter 2.7.3 (MIT License, GPL v. 3.0 Licenses) |
1750 |
+65. tbb 4.2.2 (GPL v.2.0 License) |
1751 |
+66. TCL-TK 8.6 (BSD-style License) |
1752 |
+67. tcldom 3.0 (BSD Style License) |
1753 |
+68. tcllib 1.11 (BSD 4 Clause License) |
1754 |
+69. tclsoap 1.6.7 (MIT License) |
1755 |
+70. tclxml 3.2 (BSD style License) |
1756 |
+71. TinyXml 2.6.2 (zlib License) |
1757 |
+72. tktable 2.10 (Tcl/Tk license) |
1758 |
+73. TLS 1.6 (BSD License) |
1759 |
+74. Tufao 0.8 (LGPL v. 2.1 License (library) (documentation and examples under MIT License)) |
1760 |
+75. Twitter Bootstrap 2.3.1 (Apache v. 2.0 License) |
1761 |
+76. Twitter Bootstrap 2.3.2 (Apache v. 2.0 License) |
1762 |
+77. Twitter Bootstrap version 3.0.3 (Apache v. 2.0 License) |
1763 |
+78. Underscore.js 1.4.4 (MIT License) |
1764 |
+79. unzip 6.00 (BSD Style Info-Zip License) |
1765 |
+80. xmlgen 1.4 (Apache v. 2.0 license) |
1766 |
+81. ZeroMQ 4.0.3 (LGPL v. 3 License) |
1767 |
+82. ZLIB 1.2.3 (Zlib License) |
1768 |
+ |
1769 |
+MegaCore (IP) THIRD-PARTY LICENSES |
1770 |
+------------------------------------------------------------------ |
1771 |
+1. antlr 2.7.2 (BSD 4 Clause License) |
1772 |
+2. appframework 1.03 (LGPL v. 2.1 License) |
1773 |
+3. asm 3.1 (BSD 3 Clause License) |
1774 |
+4. avi2raw 1.1 (Mozilla Public License v. 1.1) |
1775 |
+5. beansbinding 1.2.1 (LGPL v. 2.1 License) |
1776 |
+6. JGoodies Binding 2.0.6 (BSD 3 Clause License) |
1777 |
+7. binutils 2.24 (GPL v. 2 License) |
1778 |
+8. boost 1.38.0 (MIT-style License) |
1779 |
+9. castor 1.0.3 (Apache v. 2.0 and Intalio BSD-style Licenses) |
1780 |
+10. castor 1.2 (Apache v. 2.0 and Intalio BSD-style Licenses) |
1781 |
+11. checker-framework 1.8.7 (GPL v. 2 License) |
1782 |
+12. checkstyle 4.2 (LGPL v. 2.1 License) |
1783 |
+13. cli 1.1 (Apache v. 2.0 License) |
1784 |
+14. cobertura 1.8 (GPL v. 2 License) |
1785 |
+15. commons-beanutils 1.6 (Apache v. 1.1 License) |
1786 |
+16. commons-collection 3 (Apache v. 2.0 License) |
1787 |
+17. commons-digester 1.5 (Apache v. 1.1 License) |
1788 |
+18. commons-lang 3.1 (Apache v. 2.0 License) |
1789 |
+19. commons-logging 1.1 (Apache v. 2.0 License) |
1790 |
+20. commons-logging 1.2 (Apache v. 2.0 License) |
1791 |
+21. commons-pool 1.2 (Apache v. 2.0 License) |
1792 |
+22. DockingFrames 1.1.2p12c (LGPL v. 2.1 License) |
1793 |
+23. eclipse-cpp-kepler-SR2 4.3.2 (Eclipse Public License v 1.0) |
1794 |
+24. expat 2.0.1 (MIT License) |
1795 |
+25. expat 2.1.0 (MIT License) |
1796 |
+26. explicitlayout 3.0 (LGPL v. 2.1 License) |
1797 |
+27. forms_rt 6.0 (Apache v. 2.0 License) |
1798 |
+28. gcc 4.9 (GNU Free Documentation v. 1.2 GPL License) |
1799 |
+29. gdb 7.7 (GPL v. 2 License) |
1800 |
+30. gmp 5.0.5 (LGPL v. 3 License) |
1801 |
+31. gnu 1.2.5 (GPL v. 2 License) |
1802 |
+32. guava-libraries 15.0 (Apache v. 2.0 License) |
1803 |
+33. hamcrest 1.3 (BSD 3 Clause License) |
1804 |
+34. jacl 1.3.2a (Jacl Software License) |
1805 |
+35. jacoco 0.6.3 (Eclipse Public License v 1.0) |
1806 |
+36. jaxb-ri 2.2.7 (CDDL v. 1.1; GPL v. 2 Classpath Exception) |
1807 |
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1808 |
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1809 |
+39. jaxb2-basics-tools 0.9.0 (BSD 3 Clause License) |
1810 |
+40. jaxen 1.1.1 (BSD 3 Clause License) |
1811 |
+41. jaxen 1.1.6 (BSD 3 Clause License) |
1812 |
+42. jaxen 1.3 (BSD 4 Clause License) |
1813 |
+43. jcommon 1.0.16 (LGPL v. 3 License) |
1814 |
+44. JDOM 1 (BSD-style License) |
1815 |
+45. JFreeChart 1.0.13 (LGPL v. 3 License) |
1816 |
+46. JGraphX 2.2.0.2 (BSD 3 Clause License) |
1817 |
+47. jline 2.12 (BSD 3 Clause License) |
1818 |
+48. jsap 2.0a (LGPL v. 2.1 License) |
1819 |
+49. jsr173 1.0 (Apache v. 2.0 License) |
1820 |
+50. junit 3.8.1 (Common Public License v. 1.0) |
1821 |
+51. junit 4.0 (Common Public License v. 1.0) |
1822 |
+52. junit 4.1 (Common Public License v. 1.0) |
1823 |
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1824 |
+54. libstdc v3 (GPL v. 3 License) |
1825 |
+55. looks 2.0.1 (BSD 2 Clause License) |
1826 |
+56. make 3.81 (GPL v. 2 License) |
1827 |
+57. miglayout15 3.0.3 (BSD 2 Clause License) |
1828 |
+58. mpc 1.0.1 (LGPL v. 3 License) |
1829 |
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1830 |
+60. mpfr 3.1.1 (LGPL v. 3 License) |
1831 |
+61. mpir 2.2.1 (LGPL v. 3 License) |
1832 |
+62. mydoggy 1.4.2 (LGPL v. 3 License) |
1833 |
+63. netbeans-swing-outline 6.9 (LGPL v. 2.1, GPL v. 2.0, and CDDL v. 1 Licenses plus Classpath Exception) |
1834 |
+64. newlib 2.1.0 (Red Hat and BSD 3 Clause Licenses) |
1835 |
+65. OpenCL 1.1 (MIT License) |
1836 |
+66. powermock 1.5 (Apache v. 2.0 license) |
1837 |
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1838 |
+68. stlport 7.1 (Stlport License) |
1839 |
+69. swingworker 3 (MPL v. 1.1 and LGPL v. 2.1 Licenses) |
1840 |
+70. symphony 5.4.5 (Eclipse Public License v. 1.0) |
1841 |
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1842 |
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1843 |
+73. wraplf 0.2 (Apache v. 2.0 License) |
1844 |
+74. xalan 1.2.2 (Apache v. 2.0 License) |
1845 |
+75. xerces 2.3.0 (Apache v. 1.1 License) |
1846 |
+76. xmlbeans 2.2.0 (Apache v. 2.0 License) |