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author | Michał Górny <mgorny@gentoo.org> | 2022-02-12 17:45:41 +0100 |
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committer | Michał Górny <mgorny@gentoo.org> | 2022-02-12 17:50:00 +0100 |
commit | 3a0a0f9f0bd1ec489781acf4864936c8d69bcf78 (patch) | |
tree | 1560caa3c7502b38bfc6f9a94295c70ac44eb769 /licenses | |
parent | profiles: Clean up obsolete entries (diff) | |
download | gentoo-3a0a0f9f0bd1ec489781acf4864936c8d69bcf78.tar.gz gentoo-3a0a0f9f0bd1ec489781acf4864936c8d69bcf78.tar.bz2 gentoo-3a0a0f9f0bd1ec489781acf4864936c8d69bcf78.zip |
licenses: Remove unused
Signed-off-by: Michał Górny <mgorny@gentoo.org>
Diffstat (limited to 'licenses')
-rw-r--r-- | licenses/ApE | 19 | ||||
-rw-r--r-- | licenses/CAPS | 300 | ||||
-rw-r--r-- | licenses/Quartus-prime-megacore | 1828 | ||||
-rw-r--r-- | licenses/Werken-1.1.1.1 | 40 | ||||
-rw-r--r-- | licenses/abyss | 232 | ||||
-rw-r--r-- | licenses/bea.ri.jsr173 | 122 | ||||
-rw-r--r-- | licenses/glut | 16 | ||||
-rw-r--r-- | licenses/htmlc | 68 | ||||
-rw-r--r-- | licenses/jlex | 17 | ||||
-rw-r--r-- | licenses/molscript | 25 | ||||
-rw-r--r-- | licenses/selfhtml | 69 | ||||
-rw-r--r-- | licenses/sun-bcla-jmi | 144 | ||||
-rw-r--r-- | licenses/sun-jlfgr | 31 | ||||
-rw-r--r-- | licenses/sun-jsr67 | 209 |
14 files changed, 0 insertions, 3120 deletions
diff --git a/licenses/ApE b/licenses/ApE deleted file mode 100644 index 2fe2cc32e9ec..000000000000 --- a/licenses/ApE +++ /dev/null @@ -1,19 +0,0 @@ -Copyright and Disclaimer -This software is copyright 2003-2004 by M. Wayne Davis. - -All copies are not for redistribution and should be obtained from the author. -The author hereby grants permission to use, copy, and modify this software for any purpose. Modifications to this software may only be used by their authors and may not be re-distributed in any form. No written agreement, license, or royalty fee is required for any of the authorized uses. - - -IN NO EVENT SHALL THE AUTHOR OR DISTRIBUTOR BE LIABLE TO ANY PARTY -FOR DIRECT, INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES -ARISING OUT OF THE USE OF THIS SOFTWARE, ITS DOCUMENTATION, OR ANY -DERIVATIVES THEREOF, EVEN IF THE AUTHORS HAVE BEEN ADVISED OF THE -POSSIBILITY OF SUCH DAMAGE. - -THE AUTHOR AND DISTRIBUTOR SPECIFICALLY DISCLAIM ANY WARRANTIES, -INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, -FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. THIS SOFTWARE -IS PROVIDED ON AN "AS IS" BASIS, AND THE AUTHOR AND DISTRIBUTOR HAVE -NO OBLIGATION TO PROVIDE MAINTENANCE, SUPPORT, UPDATES, ENHANCEMENTS, OR -MODIFICATIONS. diff --git a/licenses/CAPS b/licenses/CAPS deleted file mode 100644 index cfa94ce6d602..000000000000 --- a/licenses/CAPS +++ /dev/null @@ -1,300 +0,0 @@ -C.A.P.S. - The Classic Amiga Preservation Society -Freeware License Agreement (License, Copyright and Terms of Use) - - -ATTENTION: READ CAREFULLY: By using, copying, or distributing the -accompanying software you indicate your acceptance of the following -C.A.P.S. Freeware License Agreement ("Agreement"). - - -PREAMBLE - -The C.A.P.S. philosophy dictates that the technology associated with -allowing floppy disk based computer games (C.A.P.S. is not just an -Amiga focused organisation, even though it started out that way) to be -contained in a preservable form should be provided for free (free as -in "free beer"). No profit whatsoever should be made as a result of -this technology with exception of the original copyright holders. - -This license enforces this philosophy. It protects against misuse of -a technology that has been a long time in development and is provided -to the Amiga community or anyone else who would like to use it. It also -intends to protect C.A.P.S. itself from possible legal liability. - -The C.A.P.S. software should be thought of as an "enabler", a form of -distribution. It is just as a ZIP file, just as an ADF file, just as -your favourite writable CDROM brand. The data or content held by these -files or media is entirely the responsibility of you, the user. If you -do not own the product content then you are likely to be breaking the -license of the content provider or copyright owner. Ultimately, the -C.A.P.S. technology is just an abstract digital recording medium. - -You may notice that this license is very strict in pursuit of getting -it into the hands of people who wish to use it for free. You cannot -charge to give it to somebody, not even for media costs. You cannot -have it on a CDROM that is distributed for payment. You cannot use -it as part of providing a service that receives payment in any form. - -The only exception where the C.A.P.S. technology may be possibly used -with payment is by an original copyright holder (or appointed body). -They can of course contact C.A.P.S. for a special license for games -they own so long as proof of ownership is provided and such a license -will be restricted to these games. This special license will of course -be provided completely for free. - -Infringement of any of the terms of this license is breaching -international copyright laws, but it also hurts the communities -benefiting from the technology by risking its future improvement -and availability. - -This license was not produced for the fun of it, you should note that -only those who could possibly financially or otherwise benefit from the -product are being restricted. Free use (as a user) is not limited, it -is absolutely free and will stay free forever. - -If you do not agree with any of the terms in this license for the -Technology then you are obviously free to choose not to use it. - -The latest version of this license and libraries can be found on our -site: http://www.caps-project.org. - -It is very easy to comply with this license: Do not sell, modify or -abuse the software or images. That's it. Everything else mentioned is -here for those who may not understand these very simple rules. :) - - -1. CLARIFICATION. The software product and accompanying documentation - (the program's object code and documentation are collectively - referred to as the "Technology") is a technology and does not imply - any restrictions, warranty, license, obligation or any other link or - association with what it may contain (the data encapsulated by the - Technology is referred to as the "Content"). - - Unless otherwise noted, The Classic Amiga Preservation Society - ("C.A.P.S.") does not hold the copyright of the "Content", the data - being reproduced, preserved, represented using the Technology. All - copyright of Content provided using the Technology is held by its - respective owners. Terms and conditions may apply to the Content - that do not affect whatsoever the license agreement provided with - the Technology. - - -2. LICENSE. C.A.P.S. hereby grants you (each licensee is addressed as - "you") a non-exclusive, transferable license to use the Technology - on the following terms and only for non-profit purposes (see Section - 3 below). You may: - - a. use the Technology on any computer in your possession; - - b. make copies of the Technology; and - - c. distribute the Technology (subject to the requirements of Section - 3 and 4) only in the form originally furnished by C.A.P.S. with no - modifications whatsoever. However, the Technology may be distributed - as part of another software product provided that the particular - distribution that contains the Technology is provided for non-profit - purposes as defined in Section 3 below. Making or distributing any - for-profit distributions, versions, revisions or releases of said - software product that contains the Technology is prohibited. - - -3. LIMITATIONS ON LICENSE. The license granted in Section 2 is subject - to the following restrictions: - - a. The Technology is to be used only for non-profit purposes unless - you obtain prior written consent from C.A.P.S. Prohibited for-profit - and commercial purposes include, but are not limited to: - - (i) Selling, licensing or renting the Technology to third parties - for a fee (by payment of money or otherwise, whether direct or - indirect); - - (ii) Using the Technology to provide services or products to others - for which you are compensated in any manner (by payment of money - or otherwise, whether direct or indirect), including, without - limitation, providing support or maintenance for the Technology; - - (iii) Distribution or use from which any form of income is received - regardless of profits therefrom, or from which any revenue or - promotional value is received, as well as any distribution to or - use in a corporate environment. Use of the Technology to promote - or support a commercial venture is included in this restriction. - - (iv) Using the Technology to develop a similar application on any - platform for commercial distribution; or - - (v) Using the Technology in any manner that is generally - competitive with a C.A.P.S. product as defined by C.A.P.S. - - b. Media costs associated with the distribution of the Technology may - not be recovered. You shall use your best efforts to promptly notify - C.A.P.S. upon learning of any violation of the above commercial - restrictions. - - c. On each copy of the Technology you must conspicuously and - appropriately reproduce this license, copyright notice, and - disclaimer of warranty; keep intact this Agreement and all notices - that refer to this Agreement or any absence of warranty (whether - written or interactively displayed); and give any other recipients - of the Technology a copy of this Agreement. - - d. You may not modify, combine commercial applications with, or - otherwise prepare derivative works of the Technology. Derivative - works are defined as but not limited to: - - (i) Alternative support libraries. We are open to porting to other - platforms, and so third parties doing such is unnecessary and - violates the terms of this license. - - (ii) Alternative tools that operate on files of the format as - defined by the Technology. This includes but is not limited to: - mastering tools (tools that enable Content to be written back to - physical media like a floppy disk). Reproducing Content provided - through or by the Technology to any other kind of media, such as - alternative content provider technology (this also covers any kind - of converter with the intention of extracting the Content to held - by any other alternate media format that represents the same - independently working Content). Additions, removals or other - modification of data contained by the images. - - e. C.A.P.S., in its sole and absolute discretion, may have included - a portion of the source code or online documentation of the - Technology. Except for any such portions, you shall not REVERSE - ENGINEER, DECOMPILE, DISASSEMBLE, OR OTHERWISE REDUCE ANY PORTION OF - THE TECHNOLOGY TO ANY HUMAN PERCEIVABLE FORM, except to the extent - this restriction is prohibited by applicable law. - - f. Commercial software (as defined in this section 3) may not - contain any part of the Technology except for that part that is - defined as the "access API" (the header files that allow interaction - with the library itself, this is available separately from our site - and has its own license). This interface to the Technology "library" - is provided is by us to enable the users of the commercial software - to benefit from the Technology and still let the commercial software - comply with this license. In this way, the Technology itself need - not (and should not) be distributed with a commercial product. The - user should be advised that he can obtain this missing "plugin" from - the C.A.P.S. site and that it comes with its own license that is not - affected in any way by the license covering the commercial product. - This otherwise does not effect the assertion that the Technology may - not be used by commercial software as defined by this section 3. - - g. No distribution may include the totality or part of the - Technology (including the Content encapsulated by the technology), - changed, unchanged, encrypted, archived, in whatever form, unless - according to the Licence or special agreement with C.A.P.S. This - Technology, including Content must never be found on any paid-for - medium. - - -4. DISTRIBUTION: As used in this Agreement, the term "distribute" (and - its variants) includes making the Technology available (either - intentionally or unintentionally) to third parties for copying or - use, including providing timeshare access. Each time you distribute - the Technology, the recipient must expressly agree to comply with - these terms and conditions. The recipient automatically receives - this license to use, copy, or distribute the Technology subject to - these terms and conditions. You may not impose any further - restrictions on the recipients' exercise of the rights granted - herein. You are not responsible for enforcing compliance with this - Agreement by recipients. - - -5. TITLE. Title, ownership rights, and intellectual property rights in - and to the Technology, and each copy thereof (including all - copyrights therein), shall remain in C.A.P.S. The Technology is - protected by international copyright treaties. - - -6. NO C.A.P.S. OBLIGATION. You are solely responsible for all of your - costs and expenses incurred in connection with the distribution of - the Technology, and C.A.P.S. shall have no liability, obligation or - responsibility therefor. C.A.P.S. shall have no obligation to - provide maintenance, support, upgrades or new releases to you or - to any distributee of the Technology. - - -7. NO WARRANTY. THE SOFTWARE IS LICENSED FREE OF CHARGE, AND THERE IS - NO WARRANTY FOR THE TECHNOLOGY. C.A.P.S. PROVIDES THE TECHNOLOGY - "AS IS," AND C.A.P.S., AND ALL OTHER PERSONS WHO HAVE BEEN INVOLVED - IN THE CREATION, PRODUCTION, OR DELIVERY OF THE TECHNOLOGY, DISCLAIM - ALL CONDITIONS AND WARRANTIES OF ANY KIND, EITHER EXPRESS, IMPLIED, - STATUTORY, OR OTHERWISE, INCLUDING, BUT NOT LIMITED TO, ANY - CONDITIONS OR IMPLIED WARRANTIES OF MERCHANTABILITY, SATISFACTORY - QUALITY, AND FITNESS FOR A PARTICULAR PURPOSE. THE ENTIRE RISK AS TO - THE RESULTS, QUALITY AND PERFORMANCE OF THE TECHNOLOGY IS WITH YOU - AND YOUR DISTRIBUTEES. SHOULD THE TECHNOLOGY PROVE DEFECTIVE, YOU - AND YOUR DISTRIBUTEES (AND NOT C.A.P.S.) ASSUME THE COST OF ALL - NECESSARY SERVICING, REPAIR OR CORRECTION. C.A.P.S. MAKES NO - WARRANTY OF NONINFRINGEMENT OF THE INTELLECTUAL PROPERTY RIGHTS OF - THIRD PARTIES. - - -8. LIMITATION OF LIABILITY. UNDER NO CIRCUMSTANCES AND UNDER NO LEGAL - THEORY, TORT, CONTRACT, OR OTHERWISE, SHALL C.A.P.S., OR ANY OTHER - PERSON WHO HAS BEEN INVOLVED IN THE CREATION, PRODUCTION, OR - DELIVERY OF THE TECHNOLOGY BE LIABLE TO YOU OR ANY OTHER PERSON FOR - ANY GENERAL, DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, - OR OTHER DAMAGES OF ANY CHARACTER ARISING OUT OF THIS AGREEMENT OR - THE USE OF OR INABILITY TO USE THE TECHNOLOGY, INCLUDING BUT NOT - LIMITED TO PERSONAL INJURY, LOSS OF PROFITS, LOSS OF DATA, OUTPUT - FROM THE TECHNOLOGY OR DATA BEING RENDERED INACCURATE, FAILURE OF - THE TECHNOLOGY TO OPERATE WITH ANY OTHER PROGRAMS, DAMAGES FOR LOSS - OF GOODWILL, BUSINESS INTERRUPTION, COMPUTER FAILURE OR MALFUNCTION, - OR ANY AND ALL OTHER DAMAGES OR LOSSES OF WHATEVER NATURE, EVEN IF - C.A.P.S. HAS BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGES. - - -9. INDEMNIFICATION. You and your distributees shall defend, indemnify - and hold harmless C.A.P.S., and all other persons who have been - involved in the creation, production, or delivery of the Technology, - from any claim, demand, liability, damage award, suit, judgement, or - other legal action (including reasonable attorney's fees) arising - out of your use, distribution, modification, or duplication of the - Technology. - - -10 TERMINATION. The license granted hereunder is effective until - terminated by C.A.P.S.. You may terminate it at any time by - destroying the Technology. This license will terminate automatically - if you fail to comply with the limitations described above. On - termination, you must destroy all copies of the Technology. The - termination of your license will not result in the termination of - the licenses of any distributees who have received rights to the - Technology through you so long as they are in compliance with the - provisions of this Agreement. - - -11. MISCELLANEOUS. This Agreement represents the complete agreement - concerning this license between the parties and supersedes all - prior agreements and representations between them. It may not be - amended. If any provision of this Agreement is held to be - unenforceable for any reason, this Agreement shall terminate. - - The most current version of this license is kept on the C.A.P.S. - web site. Due notice shall be given if ever the license changes, - then all versions of the Technology will be constrained by the - newer license. - - Anything else not covered by this agreement must be agreed with - us before any action can be taken by any party. - - Address all correspondence regarding this license to: - - C.A.P.S. - license@caps-project.org - - -Copyright and Trademark Notices: --------------------------------- -The Technology is Copyright (c) C.A.P.S. 2003. All rights reserved. -The documentation and all computer files are also Copyright -(c) C.A.P.S. 2003. All rights reserved. These rights include but are -not limited to any foreign language translations of the documentation -or the Technology, and all derivative works of both. All other -trademarks are the property of their respective owners. - - -C.A.P.S. -The Classic Amiga Preservation Society -http://www.caps-project.org diff --git a/licenses/Quartus-prime-megacore b/licenses/Quartus-prime-megacore deleted file mode 100644 index bd37fed18380..000000000000 --- a/licenses/Quartus-prime-megacore +++ /dev/null @@ -1,1828 +0,0 @@ -QUARTUS(R) PRIME LICENSE AGREEMENT VERSION 15.1, ALL -DISTRIBUTIONS (WEB DOWNLOAD, DVDS) - - -Copyright (C) 1991-2015 Altera(R) Corporation. All rights -reserved. "Quartus" is a registered trademark of Altera Corporation -in the U.S. and other countries. Any other trademarks and trade names -referenced here are the property of their respective owners. Certain -files, programs, or other materials provided in connection with the -Licensed Software may originate or contain components from Third Party -Licensors and are licensed to You pursuant to the terms of the -applicable Third Party License appearing upon activation or -installation of the Licensed Software, and/or are contained or -described in associated release notes, header source files, or other -documentation. Any such additional terms, and conditions or -restrictions will also be listed in a separate file called "Third -Party Licenses document". You agree to carefully review and comply -with the terms of such Third Party Licenses. NOTWITHSTANDING ANYTHING -TO THE CONTRARY IN THE AGREEMENT, AS BETWEEN LICENSEE AND ALTERA, AND -TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, ALL SUCH THIRD -PARTY LICENSES SHALL BE SUBJECT TO PARAGRAPH 11 (DISCLAIMER OF -WARRANTIES), PARAGRAPH 13 (LIMITATION OF LIABILITY) AND PARAGRAPH 14 -(GOVERNING LAW). ALTERA OFFERS NO WARRANTIES (WHETHER EXPRESS OR -IMPLIED); INDEMNIFICATION; AND/OR SUPPORT OF ANY KIND WITH RESPECT TO -THIRD PARTY MATERIALS, EXCEPT THAT WE WILL PASS THROUGH TO YOU, IF AND -TO THE EXTENT AVAILABLE, ANY WARRANTIES EXPRESSLY PROVIDED TO US BY -THIRD PARTY LICENSORS RELATING TO SUCH THIRD PARTY MATERIALS. - -PLEASE REVIEW THE FOLLOWING TERMS AND CONDITIONS IN THIS QUARTUS PRIME -VERSION 15.1 STANDARD LICENSE AGREEMENT (THE "QUARTUS -AGREEMENT" OR "AGREEMENT") CAREFULLY BEFORE DOWNLOADING, INSTALLING OR -USING THE LICENSED SOFTWARE. BY (A) DOWNLOADING, INSTALLING OR USING -THE LICENSED SOFTWARE; OR (B) PAYING A LICENSE FEE OR OTHER FEE TO -ALTERA; OR (C) PAYING A FEE TO AN AUTHORIZED DISTRIBUTOR, YOU INDICATE -YOUR ACCEPTANCE OF THIS QUARTUS AGREEMENT OR THE AGREEMENT BETWEEN YOU -AND THE AUTHORIZED DISTRIBUTOR FROM WHICH YOU HAVE ACQUIRED THE -LICENSE. IN THE EVENT OF ANY INCONSISTENCY BETWEEN THE TERMS OF THIS -QUARTUS AGREEMENT AND YOUR AGREEMENT WITH AN AUTHORIZED DISTRIBUTOR, -THIS QUARTUS AGREEMENT WILL GOVERN AND CONTROL, EXCEPT WITH REGARDS TO -PAYMENT TERMS. - -IF YOU DO NOT AGREE WITH THE TERMS AND CONDITIONS OF THIS QUARTUS -AGREEMENT OR THE TERMS OF ANY THIRD PARTY LICENSES, DO NOT DOWNLOAD, -INSTALL, OR USE THE LICENSED SOFTWARE. IF YOU HAVE ALREADY -DOWNLOADED THE LICENSED SOFTWARE, PLEASE UNINSTALL IT AND IRREVOCABLY -DESTROY IT AND ANY COPIES YOU HAVE MADE AS SOON AS POSSIBLE. IF YOU -HAVE RECEIVED A COPY OF THE LICENSED SOFTWARE ON A DVD OR OTHER MANNER -THAN ELECTRONIC DOWNLOAD, PLEASE RETURN THE LICENSED SOFTWARE UNUSED -TO ALTERA OR THE AUTHORIZED DISTRIBUTOR FROM WHICH YOU OBTAINED THE -LICENSE PROMPTLY. - -1. Definitions. - -"Altera" means Altera Corporation, a Delaware corporation with a place -of business at 101 Innovation Drive, San Jose, California 95134 U.S.A. -including its affiliates and subsidiaries worldwide. - -"Altera Devices" means programmable logic devices, including field -programmable gate arrays ("FPGAs") devices, complex programmable logic -devices ("CPLDs"), SoC devices, and/or any other semiconductor -devices designed, developed or manufactured by or on behalf of Altera. - -"Authorized Distributor" means a reseller, OEM, ODM, or any -distributor that is authorized by Altera to license the Licensed -Software to end users in a valid agreement entered into between Altera -and such reseller or distributor. - -"Checkout License" means a time-limited license granted by Altera -associated with an existing Floating License to install and Use the -Licensed Software on a single fixed standalone computer for use by a -single user. This license shall expire after a specified time as -designated by Altera. The total number of Checkout Licenses that may -be granted in relation to a single Floating License may not exceed the -total number of individual Seats associated with such Floating -License. - -"Concurrent Users" means the number of simultaneous Users accessing -the Licensed Software. For example, a 20-use concurrent use license -would allow 20 Users to log in and use the Licensed Software at one -time, but the 21st User attempting to log in would be blocked and -unable to do so until one other User logs out. - -"Confidential Information" means and includes, but is not limited to: -(i) the Licensed Software (whether provided in source code or binary -form, including any modifications, derivatives, updates and upgrades -thereto) and the algorithms, concepts, techniques, methods, and -processes embodied therein; (ii) the Licensed Products and all -information and specifications associated therewith; (iii) any -business, marketing, technical, scientific or financial information -disclosed to Licensee or You by Altera or an Authorized Distributor; -or (iv) any information which, at the time of disclosure, is -designated in writing as confidential or proprietary, or similar -designation, is disclosed in circumstances of confidence, or would be -reasonably understood by a person, exercising business judgment, to be -confidential. - -"Designated Equipment" means the computer system that is owned or -leased by You and operated on Your premises, and identified by a -network interface card ("NIC") or host ID number on which the Licensed -Software is installed and Used, and which has the configuration, -capacity, operating system version level, and pre-requisite -applications described in the Documentation as necessary for the -operation of the Licensed Software, and is designated by the NIC/host -ID in the License Key as the computer system on which the License Key -management software will be installed. - -"Documentation" means technical data in human or machine readable form -furnished by Altera which: (i) provides operating instructions for -using the Licensed Software, or (ii) explains the capabilities and -functions of the Licensed Software, and any full or partial copies of -any such technical data. - -"Fixed with Companion License" means a license to install: the -Licensed Software on a fixed standalone computer for Use by a single -User, and (ii) the Licensed Software on up to two companion fixed -standalone computers. Under this license, only one Seat may be used -by a single User at any given time. - -"Floating Node Seat" is a license that allows the Licensed Software to -be: (i) installed on and accessed from any number of computers on a -network environment; (ii) Used by the permitted number of Concurrent -Users that is equal to the number of Seats licensed as determined by -the License Key; and (iii) Used for the sole purposes of developing, -programming, synthesizing, testing and verifying designs for Altera -Devices. - -"Intellectual Property Rights" means all (i) patents, patent -applications, patent disclosures and inventions (whether patentable or -not); (ii) trademarks, service marks, trade dress, trade names, logos, -corporate names, Internet domain names, and registrations and -applications for the registration for any of them, together with all -goodwill associated with any of them; (iii) copyrights and -copyrightable works (including computer programs and mask works) and -registrations and applications for registration; (iv) trade secrets, -know-how and other Confidential Information; (v) waivable or -assignable rights of publicity, waivable or assignable moral rights; -(vi) unregistered and registered design rights and any applications -for registration; (vii) database rights and all other forms of -intellectual property, such as data; and (viii) any and all similar or -equivalent rights throughout the world. - -"IP Megafunctions or Components" means one or more design files, -including encrypted net lists, RTL, test vectors, simulation models -(such as VHDL, Verilog HDL, Quartus simulation, Matlab, Simulink, -Verisity Specman, Synopsys Vera, etc.), and other models, which may be -provided either as unencrypted source code, or in encrypted netlist or -encrypted source code format, that are designed to implement or -support the design of at least one logic function into an Altera logic -device. "IP Megafunctions or Components" includes any modified -versions, or updates thereto as may be provided by Altera, in its sole -and absolute discretion, to You under this Agreement. However, for -purposes of this Agreement, the term "IP Megafunctions or Components" -does not include any software or design files for any MegaCore(R) -functions (including the Nios(R) II embedded processor) which are -covered by and licensed under a separate MegaCore(R) Agreement. - -"License Key" means a FlexNet license key, license file, license -manager, dongle or other key, code or information provided by Altera -that: (i) enables a User to download, install, operate and/or regulate -User access to the Licensed Software; and (ii) describes the version -number of the Licensed Software and lists the number of Concurrent -Users authorized to Use the Licensed Software. - -"License Period" means the period of time Licensee has Use of the -Licensed Software as governed by the License Key. - -"Licensee" means an individual, corporation or other legal entity to -which Altera has issued a Seat. - -"Licensed Software" means the specific software enabled via the -License Key, but does not include Unlicensed Software components, -files, or portions specifically identified as not being included, -licensed or enabled via the License Key. - -"Maintenance Expiration Date" is set as twelve (12) months from the -latter of date of license/ license renewal and license activation. -The Maintenance Expiration date for each seat license is noted in the -license key. Further description is provided in Paragraph 12 below. - -"Seat" means the right granted under this Agreement by Altera or under -a license agreement by an Authorized Distributor, to Use the Licensed -Software by a single User in accordance with the terms and conditions -of this Agreement or an Authorized Distributor's license agreement. A -Seat is either a Floating Node Seat or a Fixed with Companion License, -which is enabled via a License Key. - -"Support" means any support or maintenance services provided to -Licensee by Altera, an Authorized Distributor, and/or authorized -Altera representatives in responding to email, telephone, or other -inquiries from You for maintenance, technical, or other support -requests in connection with the Licensed Software. - -"Third Party Licenses" is a separate file, header, or release notes -that contains additional terms, conditions or restrictions imposed by -Third Party Licensors. Such Third Party Licenses will be identified -in a Third Party Licenses Document describing each Third Party License -associated with every Altera product. A hyperlink to an Altera -database containing the text of all Third Party Licenses may be -accessed by clicking on the applicable line in the Third Party -Licenses Document. - -"Third Party Licensors" means and includes any third party that -licenses or provides Third Party Materials to Altera. - -"Third Party Materials" are materials or components included in the -download or the DVD, as applicable, that include but are not limited -to software, code portions or files owned by Third Party Licensors, -and are provided subject to Third Party Licenses. - -"Unlicensed Software" means any Altera computer programs or code in -any format for which Licensee does not hold an active License Key -issued by Altera, including but not limited to any non-subscribed or -disabled features. - -"Use" means downloading, installing and copying all or any portion of -the Licensed Software into the Designated Equipment for processing the -instructions contained in the Licensed Software, and/or loading data -into or displaying, viewing or extracting output results from, or -otherwise operating, any portion of the Licensed Software. - -"User" or "You" means each individual identified by Licensee as a -person authorized to Use the Licensed Software on behalf of and for -the benefit of Licensee. If Licensee is an individual who obtained a -Seat for his/her individual use, Licensee and User are and will be one -and the same. - -2. Grant of License and License Key. - - 2.1 Grant of License. Subject to and conditioned upon -Licensee's compliance with the terms and conditions of this Agreement, -Altera hereby grants to Licensee, a personal, perpetual (but subject -to termination as otherwise described in this Agreement), worldwide, -non-exclusive, non-transferable license with no right to sublicense, -to Use under Altera's copyrights and trade secret rights in and to the -Licensed Software (and any updates or upgrades thereof for which -Licensee has paid a license fee or other applicable fee to Altera or -an Authorized Distributor) on the terms and conditions set forth in -this Agreement. Licensee may: (i) use the Licensed Software on a -single computer (or, if Licensee has purchased a Floating Node Seat, -the number of Concurrent Users for which Licensee has obtained -licenses from Altera may use the Licensed Software on networked -workstations); (ii) use the Licensed Software for the sole purpose of -creating, simulating, verifying, placing and routing, and programming -designs on logic devices manufactured by Altera and sold by Altera or -its Authorized Distributors (although if You have obtained the -Licensed Software through Altera's University Program , You are only -permitted to use the Licensed Software for educational and academic -purposes, and cannot use the Licensed Software for any commercial -purposes); (iii) make one copy of the Licensed Software in any -computer-readable or printed form for back-up or archival purposes, or -as otherwise permitted under this Agreement; and (iv) modify the -Licensed Software, provided all Intellectual Property Rights notices -(including all copyright and restricted rights notices on the -Licensed Software) are included on any modified, merged, or combined -portion of the Licensed Software. Any copy of the Licensed Software -or portions thereof merged or combined into another program will -continue to be subject to the terms and conditions of this Agreement. -Licensee's end customers may use Altera's logic devices that have been -programmed with the Licensed Software. - - 2.2 License Key. Altera will deliver the License Key to -Licensee after Altera's receipt of all information required to -generate the License Key, including the host identification number for -the designated equipment onto which You will install the License Key -management software. In accordance with its distribution method, -Altera may include with the Licensed Software additional Unlicensed -Software to which the License Key will not permit access. Inclusion -of such Unlicensed Software in no way implies a license from Altera to -access or use such Unlicensed Software, and You agree not to access or -Use such Unlicensed Software, unless the License Key specifically -authorizes such access and Use. - - 2.3 Transfer of Licensed Software. The Licensed Software may -be transferred to a third party, provided such third party agrees in -writing to accept the terms and conditions of this Agreement and You -notify Altera in writing of the identity of such third party. If You -transfer the Licensed Software in accordance with the foregoing, You -must: (i) at the same time either transfer all copies or portions -thereof, whether in printed or in computer-readable form, to such -third party, or (ii) destroy any copies not transferred, including all -portions of the Licensed Software contained or merged into another -program, and certify the same in writing to Altera. - - 2.4 Floating Node Seat. If Licensee has purchased a Floating -Node Seat, You may also copy the Licensed Software onto another -computer (or access it through networked workstations) for use by -another User or contractor, but only internally, with any remote -access limited solely to such Users or contractors; provided that all -Users agree to accept the terms and conditions of this Agreement in -writing. - - 2.5 IP Megafunctions or Components License. IP -Megafunctions or Components are provided to You free of charge, in -source code form, and You may modify, create derivative works of, and -freely distribute any such IP Megafunctions or Components, and any -modifications or derivative works thereof, provided that the IP -Megafunctions or Components may not be used to program any non-Altera -Devices. - -3. Delivery of Licensed Software. The Licensed Software will be -delivered electronically, and will be accepted upon delivery. - -4. Designated Equipment. For all accepted orders, You will provide -Altera with the Designated Equipment's host identification number, -which Altera will include in the applicable License Key. Any time -that the Designated Equipment is inoperative due to malfunction, -repair, or maintenance, You may submit a request to change the -Designated Equipment and receive a new License Key from Altera at no -additional charge. Except for such temporary transfer, You and/or -Licensee may not transfer or install the License Key on any other -server or relocate the Designated Equipment without prior written -consent of Altera. Whenever You receive a new License Key in order -to effect a transfer to new Designated Equipment, You will immediately -cease to use the Licensed Software under the previously issued License -Key. You acknowledge and agree that You will not operate more than -the number of seats of the Licensed Software associated with your -License Key. - -5. Confidential Information. The Confidential Information -constitutes trade secrets and confidential and proprietary information -of Altera and its licensors, and You and Licensee agree not to access -or Use the Licensed Software, directly or indirectly, except and to -the extent expressly permitted under this Agreement or by applicable -law. Altera and its licensors retain all rights in and to the -Licensed Software and Documentation, modifications, derivatives, -updates, and upgrades, and all Intellectual Property Rights associated -with any of the foregoing. You and Licensee agree not to remove, -alter or obscure any copyright, - patent, or other proprietary notices -in the Licensed Software or Documentation. No other rights or -licenses are granted by implication, estoppel or otherwise, to -Licensee, You or any third party. - - 5.1 With respect to Confidential Information, You and -Licensee agree: (a) to use at least the same degree of care as You use -with respect to Your own Confidential Information of similar -importance, but in no event less than reasonable care, to prevent any -Confidential Information from being disclosed to any third party, -except as otherwise permitted by this Agreement; (b) not to use or -disclose Confidential Information for any purpose except to the extent -necessary and for the purpose of programming Altera Devices with the -Licensed Software (the "Intended Purpose"); and (c) to restrict the -disclosure and possession of Confidential Information solely to those -of Licensee's Users, employees and Authorized Contractors with a need -to know/need to access for the Intended Purpose, who agree to be bound -by written confidentiality agreements no less strict than those this -Agreement. Licensee agrees to be liable to Altera for any breaches by -Licensee, its Users, employees and Authorized Contractors of the -confidentiality obligations in this Section. - - 5.2 You and Licensee will have no obligations of -confidentiality with respect to any Confidential Information to the -extent that it is: (a) already in the public domain or falls into the -public domain through no breach of this Agreement (or any other -obligation to Altera) by Licensee and Authorized Contractors; (b) -already rightfully known to Licensee without any obligation of -confidentiality; (c) is rightfully obtained by Licensee from a third -party; or (d) developed independently by Licensee, its employees or -Authorized Contractors without breach of Licensee's obligation of -confidentiality under this Agreement. With respect to a disclosure -required by order of a court or an authorized government agency, You -may disclose Confidential Information, provided: (i) that You give -prompt written notice of any such required disclosure to Altera; (ii) -You disclose the Confidential Information only to the extent required -by such court or governmental agency; and (iii) You provide reasonable -assistance to Altera in its efforts to protect the confidentiality of -the Confidential Information required to be disclosed. - - 5.3 Notwithstanding anything in this Agreement to the -contrary, You and Licensee agree that Altera may disclose Licensee's -identity by name and address, and identify the Licensed Software -licensed to Licensee, to the extent required by its agreement with its -licensors and Authorized Distributors. - -6. Restrictions on Use. You and Licensee may not use, copy, -modify, distribute, or otherwise transfer the Licensed Software or any -portions thereof, or permit any remote access thereof by any person or -entity, except as expressly provided for in this Agreement. You shall -not use the Licensed Software to program any device other than Altera -Devices. If You or Licensee transfer possession the Licensed -Software, or any modifications or portions thereof to another party -except as expressly provided herein, this license shall automatically -terminate. You and Licensee may not decompile, disassemble, reverse -engineer, or otherwise attempt to access the source code of the -Licensed Software or reduce it to a human readable form ("Reverse -Engineer") except as otherwise permitted by applicable law. In such -case, You or Licensee may Reverse Engineer, but only after giving -written notice to Altera, and only to the extent permitted by -applicable law. You or Licensee may not publish or disclose the -results of any benchmarking or testing of the Licensed Software, or -use such results for Licensee's own software development activities, -without the prior written permission of Altera. - -7. No Other Licenses or Intellectual Property Rights. The software -code licensed under the Agreement (the "Licensed Software") is -protected by copyright law and international treaties. Other than -the rights expressly granted to Licensee in the Agreement, Altera -and its licensors retain and own all right, title and interest in and -to the Licensed Software, including any modifications, derivatives -and updates thereof, and all Intellectual Property Rights in all of -the foregoing. Nothing in this Agreement shall be construed to: (i) -transfer any rights of ownership and/or interest in and to the -Documentation and Licensed Software or portions thereof, or any -derivative works of the foregoing to You, except as specifically -provided in the Agreement; or (ii) enable You to exercise the rights -granted herein with respect to the Licensed Software with: (A) -products other than Your products; or (B) using the Licensed Software -to program any non-Altera Devices. We expressly reserve all other -rights in and to the Licensed Software, Documentation, and -Intellectual Property Rights not granted to You under this Agreement. - - You acknowledge and agree that: (i) this Agreement does not grant You -or Licensee any right to practice, or any other right at all with -respect to any patent of Altera or its licensors, and a separate -license agreement from Altera or its licensors is needed to use or -practice any patent of Altera or its licensors. You, on behalf of -Licensee and its affiliates and subsidiaries, agree not to contend in -any context that, as a result of this Quartus Agreement, either Altera -or its licensors have any obligation to extend, or You, Licensee, or -any other party has obtained any right to, any license, whether -express or implied, with respect to any patent of Altera or its -licensors, for any purpose whatsoever. - -8. Third Party Licensors. The Licensed Software may contain or -include Third Party Materials licensed or provided to Altera by third -parties (the "Third Party Licensors") which may be subject to -additional terms and conditions or restrictions imposed by such Third -Party Licensors in a separate license agreement (the "Third Party -Licenses"). Such Third Party Licenses will be identified in the -Third Party Licenses document describing each such Third Party -Licenses associated with every Altera product. A hyperlink to an -Altera webpage containing the text of all Third Party Licenses may be -accessed at http://dl.altera.com/eula. - -9. Term and Termination. The license is effective until terminated -by either party, or terminated in accordance with its terms, whichever -occurs first. You may terminate it at any time by uninstalling and -irrevocably destroying the Licensed Software, including all -modifications, copies, and all portions of the foregoing, and -certifying to such destruction in a writing signed by an officer of -Licensee. Altera may terminate the license if You or Licensee fail to -comply with any material term or condition of this Agreement, -including but not limited to Licensee's or Your breach of the license -rights granted to Licensee in this Agreement, or breach of Licensee's -obligations of confidentiality, and may also terminate the license in -accordance with the terms of the Agreement. - -10. Limited Warranty and Remedies. - - 10.1 Limited Warranty. For a period of ninety (90) days from -the date of Licensee's first receipt from Altera or the Authorized -Distributor, as the case may be, of the License Key (the "Warranty -Period"), Altera warrants to Licensee that: (i) the Licensed Software -will perform substantially in accordance with Altera's Documentation, -if used in full compliance with the terms of this Agreement; and (ii) -the DVD (if applicable) on which the Licensed Software is installed -will be free from defects in materials and workmanship under normal -use. This warranty is personal in nature, provided only to Licensee, -and is not transferable to Licensee's end users, customers, or to any -third party. - - 10.2 Exceptions to Warranty. During the Warranty Period, (i) -Altera (either directly or through its Authorized Distributor) will -replace any Licensed Software or DVD not meeting the foregoing -warranty which is returned to Altera or the Authorized Distributor -with adequate proof of purchase; or (ii) if Altera (either directly or -through the Authorized Distributor) is unable to deliver replacement -Licensed Software that performs substantially in accordance with -Altera's Documentation or a DVD that is free of defects in materials -or workmanship, Licensee may terminate this Agreement by either -returning to Altera or irrevocably destroying the Licensed Software, -and providing the certification described in Paragraph 8 above. Any -replacement Licensed Software or DVD will be warranted for the -remainder of the original Warranty Period or thirty (30) days, -whichever is longer. The foregoing warranty extends only to the -Licensed Software in the form delivered by Altera to Licensee, and not -to any: (i) modifications not made by Altera or its Authorized -Distributor; (ii) misuse, abuse, or use of the Licensed Software in a -manner not contemplated by this Agreement; (iii) failure to use -compatible Altera Devices as set forth in the Documentation; (iv) -Third Party Materials; and (v) any DVD (if applicable) that has been -damaged as a result of accident, misuse, or abuse. - -11. Disclaimer of Warranties. EXCEPT AS EXPRESSLY SET FORTH ABOVE, -AND NOTWITHSTANDING ANYTHING TO THE CONTRARY IN THIS QUARTUS -AGREEMENT, NO OTHER WARRANTIES OR CONDITIONS, EITHER EXPRESS OR -IMPLIED, ARE MADE WITH RESPECT TO THE LICENSED SOFTWARE AND/OR SUPPORT -PROVIDED BY ALTERA, ITS LICENSORS, OR ANY AUTHORIZED DISTRIBUTOR, -INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF -MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND -NONINFRINGEMENT. ALTERA, ITS LICENSORS, AND AUTHORIZED DISTRIBUTORS -EXPRESSLY DISCLAIM ALL LIABILITY FOR DAMAGES, INCLUDING, BUT NOT -LIMITED TO, DIRECT, INDIRECT, SPECIAL, INCIDENTAL, AND CONSEQUENTIAL -DAMAGES, SUCH AS EXPENSES, RECALL COSTS, BUSINESS INTERRUPTION -DAMAGES, LOSS OF OR DAMAGE TO INFORMATION, LOSS OF GOODWILL, LOST -PROFITS, LOST SAVINGS, OTHER DAMAGES ARISING OUT OF THE USE OF OR -INABILITY TO USE THE LICENSED SOFTWARE; THAT THE FUNCTIONS CONTAINED -IN THE LICENSED SOFTWARE WILL MEET LICENSEE REQUIREMENTS; OR THAT THE -OPERATION OF THE LICENSED SOFTWARE WILL BE UNINTERRUPTED OR ERROR- -FREE. LICENSEE ALSO ASSUMES RESPONSIBILITY FOR THE SELECTION OF THE -LICENSED SOFTWARE TO ACHIEVE ITS INTENDED RESULTS AND FOR THE -INSTALLATION, USE, AND RESULTS OBTAINED FROM THE LICENSED SOFTWARE. -YOUR'S AND LICENSEE'S SOLE REMEDIES AND ALTERA'S, ITS LICENSORS' AND -THE AUTHORIZED DISTRIBUTORS' ENTIRE LIABILITY ARE AS SET FORTH ABOVE. -Some jurisdictions do not permit the exclusion of implied warranties, -so the above exclusion may not apply to You or Licensee, but shall be -interpreted to apply to the maximum extent permissible under -applicable law. - -12. Support Services. After expiration of the Warranty Period, upon -payment of the applicable support fee Altera or its Authorized -Distributor, as the case may be, Altera or the Authorized Distributor -shall: (i) be obligated to provide Support for the Licensed Software -(including bug fixes, error corrections and any other updates) made -generally available by Altera to licensees that purchase support and -maintenance for a period of 12 months from the date of the license -purchase or renewal, or the date of the license activation, whichever -is later; and (ii) use commercially reasonable efforts to respond by -telephone or email to Your inquiries for support for the Licensed -Software. Any information collected by Altera or the Authorized -Distributor arising from or relating to Your requests for Support, -including but not limited to design files compiled using the Licensed -Software provided by You or Licensee for purposes of design -assistance, enhancement, and troubleshooting, may be used internally -by Altera for the purpose of improving future versions of the Licensed -Software and developing future products. Any such information will -not be disclosed by Altera to any third parties other than its -subsidiaries, its Authorized Distributors, its authorized sales -representatives, and to You. - -13. Limitation of Liability. Under no circumstances shall Altera, -its licensors, or an Authorized Distributor be liable to You, Licensee -or to any third party in an amount greater than One Thousand Dollars -($1,000.00) or the subscription fee paid by Licensee to Altera or the -Authorized Distributor for the Licensed Software covered by this -Quartus Agreement. You or Licensee may not sublicense, assign, or -transfer the license rights granted herein, or disclose any trade -secrets associated with the Licensed Software, except as expressly -provided in this Quartus Agreement. Any attempt to sublicense, -assign, or transfer any of the rights, duties, or obligations -hereunder is void and shall automatically terminate any licenses and -rights granted under this Quartus Agreement. - -14. Choice of Law/Venue. This Agreement will be governed by the laws -of the State of California, United States of America, without -reference to its choice of laws provisions. You and Licensee agree -to submit to the exclusive jurisdiction of the state and federal -courts in the County of Santa Clara, State of California for the -resolution of any dispute or claim arising out of or relating to this -Agreement. The prevailing party in any legal action, settlement or -arbitration arising out of this Agreement shall be entitled to -reimbursement for its expenses, including court costs and reasonable -attorneys' fees, in addition to any other rights and remedies such -party may have. - -15. Export Control. You and Licensee shall not transfer any -Confidential Information, the Licensed Software, the Documentation or -any modifications or portions of any of the foregoing to any U.S. -sanctioned or embargoed country, or to nationals or residents of such -countries, including but not limited to a foreign national having a -last citizenship or permanent residency of Cuba, Iran, Lybia, North -Korea, Sudan, or Syria, and/or to any country subject to trade -sanctions, as may be revised from time to time; or transfer the -Licensed Software to any party where the end use involves hazardous -uses, including but not limited to nuclear, chemical, and/or -biological weapons, missiles, drones, or space launch systems capable -of delivering such weapons. - -16. U.S. Government Restricted Rights. You and Licensee acknowledge -and agree that all software and software-related items licensed to -Licensee by Altera pursuant to this Agreement are "Commercial Computer -Software" or "Commercial Computer Software Documentation" as defined -in FAR 12.212 for civilian agencies and DFARS 227-7202 for military -agencies (as amended) and in the event You are permitted under this -Quartus Agreement to provide such items to the U.S. government, such -items shall be provided under terms that are at least as restrictive -as the provisions of this Quartus Agreement. The -Contractor/manufacturer is Altera Corporation, 101 Innovation Drive, -San Jose, CA 95134 and its licensors. - -17. Assignment. Altera reserves the right to transfer any and all -information collected by the TalkBack feature from users of the -Licensed Software to a third party in the event that we sell, merge -or transfer all or substantially all of our assets related to the -Licensed Software to such third party. - -18. Access to Information on the ALTERA Cloud Site. If enabled, all -users have the ability to view the compile data transmitted by logging -into the https://cloud.altera.com ALTERA cloud site with the same user -account specified when enabling the Quartus Prime notifications feature. -From this site, any users can browse the compile status data, or -delete/purge results as they wish. - -19. TalkBack(TM) and Problem Reporter Notice, Consent and Opt-Out. - - 19.1 Information Collected and Transmission of Information. -TalkBack is a feature of the Licensed Software that electronically -transmits to Altera various data concerning Your Use of the Licensed -Software. No actual logic designs or machine-executable binary form -of cores used to program an Altera Device that are processed with the -Licensed Software will be collected or transmitted with TalkBack. The -types of data TalkBack transmits to Altera include: (i) constraint -data (location assignments, clock and timing requirement and -assignments, and any constraints set via the Quartus PRIME GUI -(graphical user interface); (ii) device data (targeted device and -family); (iii) compilation data (device, memory and I/O utilization, -and time of compilation); (iv) design data (the number of each type of -file used, name of top file, intellectual property cores/MegaCore -logic functions used, and intellectual property parametrization); (v) -Licensed Software tools (synthesis, simulation and timing analysis -tools used, and version and build of the Licensed Software); (vi) -platform data (operating system, speed and number of processors and -main memory); (vii) license file identification number (T-Guard, host -ID, NIC ID or C: drive); (viii) GUI activities and Licensed Software -errors log data (previous exit status); and (ix) help access data. -Altera may correlate the data collected by TalkBack primarily through -the FlexNet License Key to determine the identity of Licensee and -Users. - - 19.2 Transmission of Information. TalkBack functions by -bundling the collected data resulting from Your Use of the Licensed -Software and writing it to html and/or xml files which are -electronically transmitted over the internet to Altera by hypertext -transfer protocol secure post (https). TalkBack will only maintain up -to fifteen (15) files at any given time (i.e., the last five (5) sent -files and up to ten (10) unsent files). As new files are created, -prior files (whether or not previously transmitted) will be deleted. -Each saved file will be less than 500 KB in size and can be viewed as -text files found in the temporary directory on Your hard drive -(typically in /tmp, c:/temp, or c:\documents and -setting\username\local settings\temp). If the https transmission -fails, or an internet connection is not available at the time of the -attempted transmission, the data is stored as an html and/or xml file. -TalkBack will not initiate an internet connection. Once an internet -connection is achieved, the https transmission will be attempted again -upon re-compilation. Files that have not been successfully -transmitted will be named "quartus_talkback*.xml", while successfully -transmitted files will be renamed as "sent_quartus_talkback*.xml." -The performance of the Licensed Software will not be materially -affected by the operation of TalkBack. - - 19.3 Non-disclosure and Protection of Information Collected; Use -of Information. Altera uses the data received through TalkBack in -order to continuously improve the Licensed Software and other -products, technology and services Altera offers to customers. This -information will not be used to send You any sales and marketing -communications, and we will only send You such information if You have -previously consented to receive such communications. - - Altera uses all reasonable efforts to maintain the privacy of the -data during transmission and after receipt by Altera through firewalls -and other commonly available physical and technical security measures. -However, due to technological limitations and the transmission of data -through internet service providers not under contract with Altera, and -the risk of unlawful interceptions and accessing of transmissions -and/or data, Altera cannot guarantee, and You and Licensee should not -expect, that Licensee's information will be absolutely protected or be -maintained with absolute confidentiality at all times. The -information collected by the TalkBack feature will not be disclosed -to any third parties other than Altera's subsidiaries and the company -on behalf of whom You are using the Quartus Prime software (collectively, -"Partners"). In addition to disclosures to Altera Partners, Altera -may disclose data collected by Talkback related to Licensee and its -Users with or without prior notice, when Altera reasonably believes -applicable law requires such disclosure, in response to subpoenas or -official requests from governmental or administrative agencies, to -protect Altera's business or systems, or to respond to an emergency. - - 19.4 Enabling/Disabling TalkBack. TalkBack will collect -and provide certain information to Altera. By downloading, -installing, copying or using the Licensed Software, or by paying a -subscription fee, You hereby agree that you have been fully informed -about the purposes for which your information will be used, and You -give Your consent for Altera to use this information both within and -outside of the European Union for the purposes described in this -TalkBack disclosure notice. You may disable or enable TalkBack by -running QTB_INSTALL.EXE located in Licensee's Quartus/bin folder. - - 19.5 Enabling/Disabling Problem Reporter. Problem -Reporter will collect and provide certain information to Altera -concerning Your Use of the Licensed Software, in the event of a -software crash. No logic designs or machine-executable binary form -of cores used to program an Altera Device that are processed with the -Licensed Software will be collected or transmitted with Problem -Reporter. The types of data Problem Reporter transmits to Altera -include: (i) Licensed Software tools (tools used, and version and -build of the Licensed Software); (ii) platform data (operating -system); and (iii) Licensed Software errors log data (previous exit -status). By downloading, installing, copying or using the Licensed -Software, or by paying a subscription fee, You hereby agree that you -have been fully informed about the purposes for which your information -will be used, and You give Your consent for Altera to use this -information both within and outside of the European Union for the -purposes described in this Problem Reporter disclosure notice. You -may disable or enable Problem Reporter at any time by making the -appropriate setting in the Quartus Prime "Options > Internet -Connectivity" dialog box in the Quartus Prime software graphical user -interface. - -20. General Terms. This Quartus Agreement is entered into for the -benefit of Altera, its licensors and Authorized Distributors, and all -rights granted to You and Licensee, and all obligations owed to -Altera, its licensors and the Authorized Distributors shall be -enforceable by Altera, its licensors and the Authorized Distributors. -No modification of this Quartus Agreement will be binding unless in -writing and signed by authorized representatives of each party. If -any of the provisions of this Quartus Agreement are found to be in -violation of applicable law, void, or unenforceable, then such -provisions shall be deemed to be deleted from the Quartus Agreement, -but the remaining provisions of the Quartus Agreement shall remain in -full force and effect. If You have any questions concerning this -Quartus Agreement, including questions relating to software -maintenance or warranty service, please contact Altera Corporation, -101 Innovation Drive, San Jose, CA 95134. - -By downloading, installing, copying or using the Licensed Software, or -by paying a subscription or other applicable fee, You acknowledge that -You have read this Quartus Agreement, understand it, and agree to be -bound by its terms and conditions. You further agree that the -Quartus Agreement is the complete and entire agreement of the parties -with respect to the subject matter hereof. No statements, promises or -representations have been made by one party to the other, or are -relied upon by either party when entering into this Quartus Agreement. -All prior and contemporaneous discussions and negotiations, whether -verbal or written, are merged into and superseded by the Quartus -Agreement. No entity or person not a party hereto shall have any -interest under this Quartus Agreement, or be deemed to be a third -party beneficiary of the Quartus Agreement. If the Agreement -terminates for any reason, all definitions in this Agreement and the -rights, obligations, and restrictions under Paragraphs 1 -(Definitions); 5 (Confidential Information; 6 (Restrictions on Use); 7 -(No Other Licenses or Intellectual Property Rights); 8 (Third Party -Licensors); 10 (Limited Warranty and Remedies); 11 (Disclaimer of -Warranties); 13 (Limitation of Liability); 14 (Choice of Law/Venue); -15 (Export Control); 16 (U.S. Government Restricted Rights); 17 -(Assignment); and 20 (General Terms) shall survive termination of this -Agreement. - - -[END OF QUARTUS PRIME, VERSION 15.1 LICENSE AGREEMENT] - -MEGACORE(R) FUNCTION VERSION 15.1 LICENSE AGREEMENT - - -Copyright (C) 1991-2015 Altera(R) Corporation. All rights -reserved. "Megacore" is a registered trademark of Altera Corporation -in the U.S. and other countries. Any other trademarks and trade names -referenced here are the property of their respective owners. - -PLEASE REVIEW THE FOLLOWING TERMS AND CONDITIONS IN THIS MEGACORE -FUNCTION LICENSE AGREEMENT (THE "MEGACORE AGREEMENT" OR "AGREEMENT") -CAREFULLY BEFORE DOWNLOADING, INSTALLING OR USING THE LICENSED -SOFTWARE. BY: (A) DOWNLOADING, INSTALLING, COPYING OR USING THE -LICENSED SOFTWARE; OR (B) PAYING A LICENSE FEE OR OTHER FEE TO ALTERA; -OR (C) PAYING A FEE TO AN AUTHORIZED DISTRIBUTOR, YOU INDICATE YOUR -ACCEPTANCE OF THIS MEGACORE AGREEMENT. IN THE EVENT OF ANY -INCONSISTENCY BETWEEN THE TERMS OF THE MEGACORE AGREEMENT AND YOUR -AGREEMENT WITH AN AUTHORIZED DISTRIBUTOR, THIS MEGACORE AGREEMENT WILL -GOVERN AND CONTROL, EXCEPT WITH REGARDS TO PAYMENT TERMS. - -Certain files, programs, or other materials provided in connection -with the Licensed Software may originate or contain components from -Third Party Licensors and are licensed to Licensee pursuant to the -terms of the applicable Third Party License appearing upon activation -or installation of the Licensed Software, and/or are contained or -described in associated release notes, header source files, or other -documentation. Any such additional terms, and conditions or -restrictions will also be listed in a separate file called "Third -Party Licenses Document". You agree to carefully review and comply -with the terms of such Third Party Licenses. NOTWITHSTANDING ANYTHING -TO THE CONTRARY IN THE AGREEMENT, AS BETWEEN LICENSEE AND ALTERA, AND -TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, ALL SUCH THIRD -PARTY LICENSES SHALL BE SUBJECT TO SECTION 5.3 (DISCLAIMER OF -WARRANTIES), SECTION 10 (LIMITATION OF LIABILITY) AND SECTION 11.6 -(GOVERNING LAW). ALTERA OFFERS NO WARRANTIES (WHETHER EXPRESS OR -IMPLIED); INDEMNIFICATION; AND/OR SUPPORT OF ANY KIND WITH RESPECT TO -THIRD PARTY MATERIALS, EXCEPT THAT WE WILL PASS THROUGH TO YOU, IF AND -TO THE EXTENT AVAILABLE, ANY WARRANTIES EXPRESSLY PROVIDED TO US BY -THIRD PARTY LICENSORS RELATING TO SUCH THIRD PARTY MATERIALS. - -IF YOU DO NOT AGREE WITH THE TERMS AND CONDITIONS OF THIS MEGACORE -AGREEMENT OR THE TERMS OF ANY OF ITS THIRD PARTY LICENSES, DO NOT -DOWNLOAD, COPY, INSTALL OR USE THE LICENSED SOFTWARE. IF YOU HAVE -ALREADY DOWNLOADED THE LICENSED SOFTWARE, PLEASE UNINSTALL IT AND -IRREVOCABLY DESTROY ANY COPIES YOU HAVE MADE AS SOON AS POSSIBLE. IF -YOU HAVE RECEIVED A COPY OF THE LICENSED SOFTWARE ON DVD OR OTHER -MANNER THAN ELECTRONIC DOWNLOAD, PLEASE RETURN THE LICENSED SOFTWARE -UNUSED TO ALTERA OR THE AUTHORIZED DISTRIBUTOR FROM WHICH YOU OBTAINED -THE LICENSE PROMPTLY. - -1. Definitions. - -"Altera" means Altera Corporation, including its affiliates and -subsidiaries worldwide. - -"Altera Devices" means programmable logic devices, including field -programmable gate arrays ("FPGAs") devices or complex programmable -logic devices ("CPLDs") structured application specific integrated -circuit devices, and/or any other semiconductor devices designed, -developed or manufactured by or on behalf of Altera. - -"Authorized Contractors" means a person, company, or other entity -that: (i) provides design, testing, or integration services for -Licensee, but such integration services shall be performed solely for -implementation within Altera Devices; and who is (ii) is subject to a -written confidentiality agreement protecting Altera's Confidential -Information with restrictions no less restrictive than those contained -in this MegaCore Agreement, and Licensee shall enforce such agreement -in the same fashion as it would enforce its own confidentiality -agreements of similar importance. Any access to or use of the -Licensed Software or the Licensed Product by the Authorized Contractor -is subject to the following: (a) such access and/or use shall be for -the sole benefit of Licensee; (b) a breach of the MegaCore Agreement -or the terms of any other Altera agreement by the Authorized -Contractor shall be deemed to be a breach of such agreement(s) by -Licensee, and Licensee shall be liable for any acts or omissions of -the Authorized Contractor; (c) Licensee shall ensure that in no event -will any such Authorized Contractor be a competitor of Altera. - -"Authorized Distributor(s)" means a reseller, OEM, ODM, or any other -distributor that is authorized by Altera to license the Licensed -Software in a valid agreement entered into between Altera and such -reseller or distributor. - -"Checkout License" means a time-limited license granted by Altera -associated with an existing Floating License to install and Use the -Licensed Software on a single fixed standalone computer for use by a -single user. This license shall expire after a specified time as -designated by Altera. The total number of Checkout Licenses that may -be granted in relation to a single Floating License may not exceed the -total number of individual Seats associated with such Floating -License. - -"Concurrent Users" means the number of simultaneous users accessing -the Licensed Software. For example, a 20-seat concurrent use license -would allow 20 users to log in and use the Licensed Software at one -time, but the 21st user attempting to check in would be blocked and -unable to do so until one other user checks out. - -"Confidential Information" means and includes, but is not limited to: -(i) the Licensed Software (whether provided in source code or binary -form, including any modifications, derivatives, updates and upgrades -thereto) and the algorithms, concepts, techniques, methods and -processes embodied therein; (ii) the Licensed Products and all -information and specifications associated therewith; (iii) any -business, marketing, technical, scientific, or financial information -disclosed to You by Altera or an Authorized Distributor; or (iv) any -information which, at the time of disclosure, is designated in writing -as confidential or proprietary, or similar designation, is disclosed -in circumstances of confidence, or would be reasonably understood by a -person, exercising business judgment, to be confidential. - -"Designated Equipment" means the computer system that is owned or -leased by You and operated on Your premises, and identified by a -network interface card ("NIC") or host ID number on which the Licensed -Software is installed and Used, and which has the configuration, -capacity, operating system version level, and pre-requisite -applications described in the Documentation as necessary for the -operation of the Licensed Software, and is designated by the NIC /host -ID in the License Key as the computer system on which the License Key -management software will be installed. - -"Derivative Works" means any derivatives or modifications of the -Licensed Software created by You or by a third party on Your behalf, -including: (i) for copyrightable or copyrighted material, any -translation, abridgement, revision or other form in which an existing -work may be recast, transformed or adapted; (ii) for work protected by -topography or mask right, any translation, abridgement, revision or -other form in which an existing work may be recast, transformed or -adapted; (iii) for patentable or patented material, any improvements; -and (iv) for material protected by trade secret, any new material -derived from or employing such trade secret. - - "Fixed with Companion License" means a license to install: (i) the -Licensed Software on a fixed standalone computer for Use by a single -User; and (ii) the Licensed Software on up to two companion fixed -standalone computers. Under this license, only one Seat may be used -by a single User at any given time. - - "Floating Node Seat" is a license that allows the Licensed Software -to be: (i) installed on and accessed from any number of computers on a -network environment; (ii) Used by the permitted number of Concurrent -Users that is equal to the number of Seats licensed as determined by -the License Key; and (iii) Used for the sole purposes of developing, -programming, synthesizing, testing and verifying designs for Altera -Devices. - -"Intellectual Property Rights" means all (i) patents, patent -applications, patent disclosures and inventions (whether patentable or -not); (ii) trademarks, service marks, trade dress, trade names, logos, -corporate names, Internet domain names, and registrations and -applications for the registration for any of them, together with all -goodwill associated therewith; (iii) copyrights and copyrightable -works (including computer programs and mask works) and registrations -and applications for registration; (iv) trade secrets, know-how and -other such Confidential Information; (v) waivable or assignable rights -of publicity, waivable or assignable moral rights; (vi) unregistered -and registered design rights and any applications for registration; -(vii) database rights and all other forms of intellectual property, -such as data; and (viii) any and all similar or equivalent rights -throughout the world. - -"License Key" means a FlexNet license key, license file, license -manager, dongle or other key, code or information provided by Altera -that: (i) enables a User to, operate and/or regulate User access to -the Licensed Software; and (ii) describes the version number of the -Licensed Software and lists the number of Concurrent Users authorized -to Use the Licensed Software. - -"License Period" means the period of time Licensee has Use of the -Licensed Software as governed by the License Key. - -"Licensee" means an individual, corporation or other legal entity to -which Altera has issued a Seat of the Licensed Software. - -"Licensed Software" means (i) the applicable MegaCore Function; (ii) -any format test benches (if applicable) and/or suite of test vectors -(if applicable); and (iii) the Specification (if applicable) related -to the foregoing, and is enabled via the License Key, but does not -include Unlicensed Software components, files, or portions -specifically identified as not being included, licensed or enabled via -the License Key. - -"Licensed Products" means any Altera Device(s) in which the Licensed -Software, in whole or in part (or as modified by Licensee or an -Authorized Contractor) are incorporated or implemented pursuant to the -provisions of this MegaCore Agreement. - - -"Maintenance Expiration Date" is set as 12 months from the latter of -date of license/ license renewal and license activation. The -Maintenance Expiration date for each seat license is noted in the -license key. Further description is provided in Section 9.1 below. - -"MegaCore Function" means one or more design files, including -encrypted netlists, RTL, test vectors, simulation models (such as VHDL -, Verilog HDL, Quartus simulation, Matlab, Simulink, Verisity, -Specman, Synopsys, Vera, etc.) and other models, each of which may be -provided in either as unencrypted source code or object code formats, -or in encrypted netlist or encrypted source code formats, and memory -controllers provided in source code format, where each is designed to -implement or supports the design of a specific function into an Altera -Device, together with any updates Altera may provide to You pursuant -to this MegaCore Agreement, except for components, files, or portions -that are subject to any license agreement(s) set forth in any Third -Party Licenses document or file. - -"OpenCore Plus Evaluation Mode" means a limited licensing feature -offered by Altera that permits free evaluation of a MegaCore Function -upon installation and prior to payment of a licensing fee. - -"Seat" means the right granted under this Agreement by Altera to Use -the Licensed Software by a single User in accordance with the terms -and conditions of this Agreement or an Authorized Distributor's -license agreement. A Seat is either a Floating Node Seat or a Fixed -with Companion License, which is enabled via a License Key. - -"Specification" means technical data in human or machine readable -form furnished by Altera which: (i) provides operating instructions -for using the Licensed Software, or (ii) explains the capabilities and -functions of such items, and any full or partial copies of any such -technical data. - -"Support" means any support or maintenance services provided to -Licensee by Altera, an Authorized Distributor, and/or authorized -Altera representatives in responding to email, telephone, or other -inquiries from You for maintenance, technical, or other support -requests in connection with the Licensed Software or the Licensed -Products. - -"Third Party Licenses" is a separate file, header, or release notes -that contains additional terms, conditions or restrictions imposed by -Third Party Licensors. Such Third Party Licenses will be identified -in a Third Party Licenses Document describing each Third Party License -associated with every Altera product. A hyperlink to an Altera -database containing the text of all Third Party Licenses may be -accessed by clicking on the applicable line in the Third Party -Licenses Document. - -"Third Party Licensors" means and includes any third party that -licenses or provides Third Party Materials to Altera. - -"Third Party Materials" are materials or components included in the -download or the DVD, as applicable, that include but are not limited -to software, code portions or files owned by Third Party Licensors, -and are provided subject to Third Party Licenses. - -"Unlicensed Software" means any Altera computer programs or code in -any format for which Licensee does not hold an active License Key -issued by Altera, including but not limited to any non-subscribed or -disabled features. - -"Use" means downloading, installing, using and copying all or any -portion of the Licensed Software into the Designated Equipment for -processing the instructions contained in the Licensed Software, and/or -loading data into or displaying, viewing or extracting output results -from, or otherwise operating, any portion of the Licensed Software. - -"User" or "You" means an individual identified by Licensee as a person -authorized to Use the Licensed Software on behalf of and for the -benefit of Licensee. If Licensee is an individual who obtained a Seat -for his/her individual use, Licensee and User are and will be one and -the same. - -2. Grant of License, Restrictions and Limitations. - - 2.1. Altera License. Subject to and conditioned upon -Licensee's compliance with the terms and conditions of this Agreement, -including payment of the applicable license fee (unless You are using -the Licensed Software through the OpenCore Plus Evaluation Feature) -Altera hereby grants to Licensee a personal, worldwide, non-exclusive, -non-transferable, perpetual (but subject to termination as otherwise -described in this Agreement), royalty-free license with no right to -sublicense under Altera's copyright and trade secret rights embodied -in and to the Licensed Software to Use the Licensed Software during -the License Period solely to: - - (a) design with, parameterize, compile, route, and -generate programming files and netlists with the Licensed Software, -solely for implementation in Altera Devices, provided You have: (i) -obtained from Altera a Fixed with Companion License or Checkout -License; or (ii) if You have purchased a Floating License, multiple -users on networked workstations up to the number of Concurrent Users -for which You have obtained licenses from Altera; - - (b) program Altera Devices with the Licensed Software; - - (c) exercise the rights granted in Sections (a) and (c) of -this Section 2.1 through Authorized Contractors; - - (d) install the Licensed Software on one (1) or more -computers, as specified the Fixed with Companion License, Floating -License, or Checkout License (as applicable) You have obtained from -Altera. In accordance with the provisions of this Section 2.1 ; - - (e) Except as otherwise provided in Section 10.2 below, -You may manufacture or have manufactured, market, offer for sale, -sell, or otherwise distribute or have distributed Your products -containing one or more Licensed Software; and - - (f) Subject to Altera's prior written approval, upon the -negotiation of a mutually acceptable agreement and your payment to -Altera of license fees and royalties, You may incorporate the Licensed -Software within the approved ASIC for a specific project. - - 2.2 Use Restrictions. No right is granted under this -Agreement to use the Licensed Software or any machine-executable, -binary form of a core used to design, develop, or program a non-Altera -Devices. However, You may port ASIC designs to Altera Devices for the -sole purposes of prototyping and verification. Altera specifically -disclaims any liability for results obtained when using the Licensed -Software to program non-Altera Devices. Additionally, Licensee may -not: (i) modify or synthesize any simulation model output files -generated from or resulting from the Licensed Software, (ii) use, and -shall prevent any third parties or Authorized Contractors from using, -the Licensed Software to program programmable logic devices, field -programmable gate arrays ("FPGAs"), application specific integrated -circuits, application specific standard products, or any other -integrated circuit products designed or manufactured by any company or -entity other than Altera; (iii) except as otherwise permitted under -this Agreement, You may not sublicense or transfer the Licensed -Software and any rights granted under this Agreement. If Licensee -transfers possession or control of the Licensed Software (including -any modifications or portions thereof) or any rights granted under -this Agreement to a third party, this license shall automatically -terminate without notice; (iv) Licensee may not decompile, -disassemble, reverse engineer, or otherwise attempt to access or -derive the source code of the Licensed Software, or any algorithms, -concepts, techniques, methods or processes embodied therein, or reduce -the source code of the Licensed Software to a human readable form -("Reverse Engineer") except as otherwise permitted in this Agreement, -or as permitted by applicable law. In such case, Licensee may Reverse -Engineer, but only after giving written notice to Altera, and only to -the extent permitted by the Agreement or applicable law; and (v) You -or Licensee may not publish or disclose the results of any -benchmarking or testing of the Licensed Software or portions thereof, -or use such results for Licensee's own competing software development -activities, without the prior written permission of Altera. - - 2.3. OpenCore Plus Evaluation License. Notwithstanding -anything to the contrary in Section 2.1 above, if You are using the -Licensed Software through the OpenCore Plus Evaluation Feature, Your -license is more limited than the license granted by Altera in Section -2.1 above. Altera grants to You a temporary, limited, nonexclusive, -nontransferable, single Concurrent User right and license to: (a) -evaluate the logic designs of Altera Devices by performing the -following functions: design entry, timing, place and route, -compilation and verification of logic designs for Altera Devices; and -(b) evaluate the hardware in Altera Devices by programming the -MegaCore Function into such Altera Devices, but only for so long as -the Altera Device is continuously connected via a programming cable to -a host development computer that is running the Altera development -tool programmer software. Otherwise, the Licensed Software will -operate for a predetermined amount of time, after which the Licensed -Software is automatically disabled and will be inoperable. Certain -features and functions of the Licensed Software may be disabled by -Altera during the OpenCore Plus evaluation. In no event will Altera -be held liable for any damages or losses to You, Licensee or any -third-party resulting from the automatic disabling of any MegaCore -functions obtained through Altera's Opencore Plus evaluation license. - - 2.4. Reservation of Rights. Except for the licenses expressly -granted to You or Licensee in this Section 2, no other licenses are -granted to Licensee or You by implication, estoppel, or otherwise, and -all rights not expressly granted to Licensee or You in this Section 2 -are reserved by Altera. - - 2.5. Delivery of Licensed Software. The Licensed Software will -be delivered electronically, and will be accepted upon delivery. You -may copy the Licensed Software solely for back-up or archival -purposes, and may use the Licensed Software over a network. - - 2.6. License Key. Altera will deliver the License Key to You -after Altera's receipt of all information required to generate the -License Key, including the product name and quantity of Seats licensed -for the designated server or computer onto which You will install the -License Key management software. In accordance with its distribution -method, Altera may include with the Licensed Software additional -Unlicensed Software to which the License Key will not permit access. -Inclusion of such Unlicensed Software in no way implies a license from -Altera to access or use such Unlicensed Software, and You agree not to -access or use such Unlicensed Software, unless the License Key -specifically authorizes such access and use. - - 2.7. Intellectual Property Rights Notices. Any copies of the -Licensed Software made by or for Licensee or You shall include all -intellectual Property Rights notices. Licensee will not, and shall -cause its Authorized Contractors and its customers and/or end users to -not remove any Altera Intellectual Property Rights notices from the -Licensed Software. Any copy of the Licensed Software or portions -thereof, including but not limited to any modified versions, -Derivative Works, any portion merged into a design, and/or any design -or product that incorporates all or any portion of the Licensed -Software, will continue to be subject to the terms and conditions of -this Agreement. - - 2.8. Feedback. If You provide Altera with any comments or -suggestions with respect to the modification, correction, improvement, -or enhancement of: (i) the Licensed Software or portions thereof; (ii) -any Confidential Information disclosed by Altera to You; or (iii) -Licensed Products that may embody such Confidential Information -(collectively, the "Feedback") then You and Licensee agree to grant -and hereby grant to Altera a nonexclusive, irrevocable, perpetual, -worldwide, royalty-free, fully paid up right and license under any -Intellectual Property Rights You may have in and to the Feedback, -including but not limited to the following rights: (a) create -Derivative Works of the Feedback; (b) modify, enhance, and customize -the Feedback; (c) sublicense the Feedback to Altera licensees and -customers; and (d) market, perform, copy, have copied, make, have -made, Use, offer to sell, sell, and otherwise distribute Altera's and -its sublicensees' products including or embodying Feedback in any -manner and via any media Altera chooses. - - 2.9. No Other Licenses or Grant of Intellectual Property Rights. -Except as provided in this Agreement, neither party grants to the -other party, either directly or indirectly, by implication, or by way -of estoppel, any license or any other right under such party's -Intellectual Property Rights. You and Licensee acknowledge and agree -that: (i) this Agreement does not grant to Licensee any right to -practice, or any other right at all with respect to, any patent of -Altera or its licensors, and a separate license agreement from Altera -or its licensors is needed to use or practice any patent of Altera or -its licensors. Licensee, on behalf of its Users, affiliates and -subsidiaries, agrees not to contend in any context that, as a result -of this Agreement, either Altera or its licensors have any obligation -to extend, or Licensee, its Users or any other party has obtained any -right to, any license, whether express or implied, with respect to any -patent of Altera or its licensors, for any purpose whatsoever. - -3. Ownership and Future Development. - - 3.1. Ownership of Licensed Software. As between Licensee, You -and Altera, You and Licensee acknowledge and agree that Altera and -its licensors have and shall have exclusive ownership of all worldwide -right, title and interest in and to the Licensed Software and all -Intellectual Property Rights and industrial rights associated -therewith, including but not limited to enhancements, corrections, -improvements, modified versions, or Derivative Works of all the -foregoing, in whole or in part, whether developed or co-developed by -Altera, or developed or co-developed by Licensee pursuant to this -Agreement. To assist Altera in perfecting its ownership rights in and -to the intellectual property described in this Section 3.1, You and -Licensee agree to assign and hereby assign to Altera all Intellectual -Property Rights that You and Licensee may otherwise have acquired in -and to the intellectual property described herein, and You and -Licensee agree to assist and cooperate with Altera in all reasonable -respects in: (a) any actions to establish, transfer, or maintain such -ownership rights, including executing any documents associated -therewith; and (b) actions of enforcement of such ownership rights. -To the extent that any rights You and/or Licensee may have acquired -cannot be assigned under applicable law (for example, moral rights), -You and Licensee agree to waive and hereby waive any and all rights -related to the Intellectual Property Right described in this Section -3.1, including without limitation any and all rights of identification -of authorship and any and all rights of approval, restrictions or -limitation on use, or subsequent modification. - - 3.2. Licensee recognizes and acknowledges that Altera is or -may be independently developing for commercial use products that may -be complementary to or competitive with Licensee's products and may in -future independently develop products that may compete with Licensee's -products. Nothing in this Agreement shall limit Altera's independent -development and marketing or distribution of any products or systems, -provided such independent development is accomplished without use of -Licensee's confidential information. The existence of this Agreement -shall not prevent Altera from undertaking discussions with third -parties, including Licensee's competitors. - -4. Confidential Information. The Confidential Information -constitutes trade secrets and confidential and proprietary information -of Altera and its licensors, and You and Licensee agree not to access -or Use the Licensed Software or portions thereof, directly or -indirectly, except and to the extent expressly permitted under this -Agreement or by applicable law. Altera and its licensors retain all -rights in and to the Licensed Software, modifications, derivatives, -updates, and upgrades, and all Intellectual Property Rights associated -with any of the foregoing. No other rights or licenses are granted by -implication, estoppel or otherwise, to You, Licensee, or any third -party. - - 4.1. With respect to Confidential Information, You and -Licensee agree: (a) to use at least the same degree of care as -Licensee uses with respect to its own Confidential Information of -similar importance, but in no event less than reasonable care, to -prevent any Confidential Information from being disclosed to any third -party, except as otherwise permitted by this Agreement; (b) not to use -or disclose Confidential Information for any purpose except to the -extent necessary and for the purpose of programming Altera Devices -with the Licensed Software (the "Intended Purpose"); and (c) to -restrict the disclosure and possession of Confidential Information -solely to those of Licensee's Users, employees and Authorized -Contractors with a need to know/need to access for the Intended -Purpose, who agree to be bound by written confidentiality agreements -no less strict than those contained in this Agreement. Licensee -agrees to be liable to Altera for any breaches by Licensee, its Users, -employees and Authorized Contractors of the confidentiality -obligations in this Section 4.1. - - 4.2. You will have no obligations of confidentiality with -respect to any Confidential Information to the extent that it is: (a) -already in the public domain or falls into the public domain through -no breach of this Agreement (or any other obligation to Altera) by -You, Your employees and Authorized Contractors; (b) already rightfully -known to You without any obligation of confidentiality; (c) is -rightfully obtained by You from a third party; or (d) developed -independently by You, Your employees or Authorized Contractors without -breach of Your obligation of confidentiality under this Agreement. -With respect to a disclosure required by order of a court or an -authorized government agency, You may disclose Confidential -Information, provided: (i) that You give prompt written notice of any -such required disclosure to Altera; (ii) You disclose the Confidential -Information only to the extent required by such court or governmental -agency; and (iii) You provide reasonable assistance to Altera in its -efforts to protect the confidentiality of the Confidential Information -required to be disclosed. - - 4.3. Notwithstanding anything in this Agreement to the -contrary, Licensee agrees that Altera may disclose Licensee's identity -by name and address, and identify the Licensed Software licensed to -Licensee, to the extent required by its agreement with its licensors -and Authorized Distributors. - -5. Limited Warranty and Disclaimer of Warranties. - - 5.1. Limited Warranty. Unless You are using the Licensed -Software through the OpenCore Plus Evaluation Feature (in which case -the limited warranty described in this Section 5 will not apply, and -the Licensed Software is provided to You on an "AS-IS", "with all -faults", and on a "no warranty" basis) Altera warrants that, until -the Maintenance Expiration Date (the "Warranty Period"), the Licensed -Software will conform to the Specifications in all material respects -if used in compliance with the terms and conditions of this Agreement. -This warranty is personal to Licensee, and is not transferable to end- -user customers or to any third party. If the Licensed Software does -not materially conform to its Specifications, You agree to promptly -notify Altera in writing of such alleged nonconformance, and provide -sufficient details or evidence to allow Altera to reproduce the -alleged defect or nonconformance. Altera shall have no obligation to -remedy any nonconformance or defect it cannot replicate. During the -Warranty Period, Altera may, at Altera's sole option: (i) replace any -Licensed Software not meeting the foregoing warranty (either directly -or through its Authorized Distributor) provided the Licensed Software -is returned to Altera or the Authorized Distributor with adequate -proof of purchase; or (ii) if Altera is unable to remedy the defect or -nonconformance after reasonable commercial efforts, Altera may elect -to refund to Licensee the license fee actually paid for the Licensed -Software during the previous twelve (12) months. Any replacement -Licensed Software will be warranted for the remainder of the original -Warranty Period or thirty (30) days, whichever is longer. Your sole -remedy, and Altera's sole obligation for a breach of the warranty in -this Section 5.1 shall be replacement or the refund specified in -subsections (i) and (ii) above. If Altera refunds the license fee in -accordance with subsection (ii) above, Licensee's license and any -rights under this Agreement will terminate immediately, and You agree -to irrevocably destroy the nonconforming Licensed Software including -any copies thereof and portions thereof incorporated into a design or -product, and certify in writing to its destruction to Altera. - - 5.2. The foregoing warranty in Section 5.1 extends only to -the Licensed Software in the form delivered by Altera and its -Authorized Distributors to Licensee, and not to any: (a) -modifications not made by Altera or its Authorized Distributor; (b) -misuse, abuse, or use of the Licensed Software outside its Intended -Purpose; (c) failure to use compatible Altera Devices as set forth in -the Specifications; or (d) Third Party Materials. - - 5.3. Disclaimer of Warranties. THE FOREGOING WARRANTIES ARE -IN LIEU OF ALL OTHER WARRANTIES, EXPRESS OR IMPLIED, WITH RESPECT TO -THE LICENSED SOFTWARE OR SUPPORT SERVICES, INCLUDING BUT NOT LIMITED -TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A -PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, AND ANY IMPLIED -WARRANTIES ARISING FROM STATUTE, COURSE OF DEALING, COURSE OF -PERFORMANCE OR USAGE OF TRADE. ALTERA DOES NOT WARRANT THAT THE -FUNCTIONS IN THE LICENSED SOFTWARE WILL MEET LICENSEE'S REQUIREMENTS -OR THAT THE OPERATION OF THE LICENSED SOFTWARE WILL BE UNINTERRUPTED -OR ERROR-FREE, AND DOES NOT MAKE ANY REPRESENTATIONS REGARDING THE USE -OF THE LICENSED SOFTWARE FOR ACCURACY, RELIABILITY, OR OTHERWISE. -ALTERA EXPRESSLY DISCLAIMS ALL WARRANTIES NOT EXPRESSLY STATED IN THIS -AGREEMENT. EXCEPT AND TO THE EXTENT OTHERWISE PROVIDED UNDER THIS -AGREEMENT, LICENSEE ASSUMES THE ENTIRE RISK AS TO THE QUALITY AND -PERFORMANCE OF THE LICENSED SOFTWARE AND ANY DESIGN OR PRODUCT IN -WHICH THE LICENSED SOFTWARE MAY BE USED, INCLUDING, WITHOUT -LIMITATION, ANY LICENSED PRODUCTS. No representation or other -affirmation of fact, including but limited to statements regarding -capacity, suitability for use or performance of the Licensed Software, -whether made by Altera employees or otherwise, shall be deemed to be a -warranty for any purpose or give rise to any liability of Altera -whatsoever. Some jurisdictions do not allow the exclusion of implied -warranties, so the above exclusions may not apply to You or Licensee, -but shall be interpreted to apply to the maximum extent permissible -under applicable law. - -6. Third Party Licensors. The Licensed Software may contain or -include Third Party Materials licensed or provided to Altera by third -parties (the "Third Party Licensors") which may be subject to -additional terms and conditions or restrictions imposed by such Third -Party Licensors in a separate license agreement (the "Third Party -Licenses"). Such Third Party Licenses will be identified in a -separate file, header, or release notes, and the Third Party Licenses -document describing each such Third Party Licenses associated with -every Altera product. A hyperlink to an Altera database containing -the text of all Third Party Licenses may be accessed by clicking on -the applicable line in the Third Party Licenses document. With -respect to the Third Party Materials that are not governed by a -separate Third Party License, the Third Party Licensors of such Third -Party Materials are intended third party beneficiaries of the terms of -this Agreement. - -7. Term and Termination. - - 7.1. Term. This Agreement will commence when you download -and install the Licensed Software, and will remain in effect unless -terminated by either party, or terminated in accordance with its -terms, whichever occurs first. - - 7.2. Termination. If the Licensed Software is licensed for -evaluation purposes as described in Section 2.3, then this Agreement -and the rights granted hereunder will automatically terminate in -accordance with Section 2.2 above, or upon notice by Altera. -Additionally, Altera may terminate this Agreement in accordance with -its terms. Licensee may terminate it at any time by uninstalling and -irrevocably destroying the Licensed Software, including all -modifications, copies, and all portions of the foregoing, and -certifying to such destruction in a writing signed by an officer of -Licensee. Altera may terminate the license immediately if You or -Licensee fail to comply with any material term or condition of this -Agreement, including but not limited to Licensee's breach of the -license rights granted in this Agreement, breach of Licensee's or Your -obligation of confidentiality, or if Licensee: (a) ceases to do -business or terminates its business operations; or (b) becomes -insolvent or seeks protection under any bankruptcy or liquidation or -similar proceedings. - - 7.3. Effect of Termination. Upon termination of this -Agreement for any reason, the licenses and any rights granted under -this Agreement shall terminate, and Licensee agrees to irrevocably -destroy, and shall cause any Licensee employees and Authorized -Contractors to irrevocably destroy, the Licensed Software and all -portions thereof in Your and Licensee's possession or under Your or -its control (including any portions thereof merged into a design or -Licensed Product not already distributed), and certify the same to -Altera in writing. You shall not continue to use the Licensed -Software or any portion thereof in development after termination of -the Agreement, but You may keep a single copy of the Licensed Software -solely for archival purposes, or to provide support to end users or -customers. - -8. Maintenance and Support. - - 8.1. Unless Licensee has licensed the Licensed Software -through the OpenCore Plus Evaluation Feature, Altera will provide -support and maintenance for the Licensed Software until the date -listed in the license file for a particular MegaCore Function "in the -format YYYY.MM" (the "Maintenance Expiration Date"). After -expiration of the Warranty Period, upon payment of the applicable -support fee Altera or its Authorized Distributor, as the case may be, -shall: (i) be obligated to provide Support for the Licensed Software -(including bug fixes, error corrections and any other updates made -generally available by Altera to licensees that purchase support and -maintenance) for a period of 12 months from the date of the license -purchase or renewal, or the date of the license activation, whichever -is later; and (ii) use commercially reasonable efforts to provide to -You fixes to defects in the Licensed Software that cause the Licensed -Software not to conform in all material respects with the -Specifications that are diagnosed as non-conformances, and are capable -of replication by Altera; (iii) provide to You fixes and other updates -to the Licensed Software that Altera, in its sole discretion, chooses -to make generally available to its licensees without a separate -charge; and (iv) respond by telephone or email to Your inquiries for -support. - - 8.2. Exclusions. Altera is not and shall not be obligated -to provide any maintenance or support for Licensed Software obtained -through the OpenCore Plus Evaluation Feature. Except as described in -Section 8.1 above, Altera will not have any obligation to provide any -maintenance, support, or training, or to provide any error -corrections, updates, upgrades, new versions, other modifications, or -enhancements to the Licensed Software, the Altera Devices, or any -Licensed Products. Licensee will be responsible, at its own expense, -for providing technical support and training to any Licensee customers -and any other end users of the Licensed Software or Licensed Products, -and Altera will have no obligation to support any of the foregoing. -Licensee will be solely responsible for, and Altera shall have no -obligation to honor, any warranties that Licensee may provide to -Licensee customers or to any other end users of the Licensed Products. - -9. Indemnification. - - 9.1. Subject to the provisions of this Agreement, and -provided Licensee has not acquired the Licensed Software through the -OpenCore Plus Evaluation License (in which case Altera is not -obligated to provide any defense or indemnification), Altera will -defend Licensee from and to the extent based on a claim by a third -party that the Licensed Software, in the form delivered by Altera or -its Authorized Distributor and used by Licensee and You in accordance -with this Agreement, infringes a third party's United States or -European Union copyright, trade secret or trademark, and will pay any -damages finally awarded as a result of the claim or amount agreed to -by Altera as part of a settlement, provided that: (i) Licensee -notifies Altera promptly in writing of any such claim, and (ii) -reasonably cooperates, at Altera's expense, in the defense or -settlement of such claim. Altera shall have sole authority to control -the defense and all related settlement negotiations, but Licensee -shall have the right to be represented by its own attorney, at its -sole expense. The foregoing indemnity does not extend to claims -resulting from: (a) any modifications of the Licensed Software by a -party other than Altera and its Authorized Distributors; (b) use of -the Licensed Software outside the scope of the licenses granted under -this Agreement; (c) the combination or use of the Licensed Software -with other products, software components or systems, to the extent -that the claim of infringement results from such combination or use; -(d) the use of other than the most recent version of the Licensed -Software, if the infringement claim would have been avoided by use of -the most recent version of Licensed Software; (e) any requirements -specified by Licensee; (f) any unauthorized use of the Licensed -Software, to the extent Altera has indicated in the Specifications -that third-party licenses may be required to use such Licensed -Software; or (g) any third party products, software, components, -systems, or materials. - - 9.2. Remedies. If, in Altera's judgment, the Use and/or -licensing of the Licensed Software is likely to be enjoined by a -court, Altera shall, at its option and expense (but subject to the -terms and conditions of this Agreement) either: (i) procure the right -to allow Licensee the continued rights to use the Licensed Software; -or (ii) replace or modify the Licensed Software so that it becomes -non-infringing, provided that the replacement or modified version -substantially meets the Specifications applicable to the original -Licensed Software. If Altera is unable, after exercising reasonable -commercial efforts, to obtain such license or provide such replacement -or modification, Altera may in its sole discretion terminate this -Agreement, in which case You and Licensee agree to irrevocably destroy -the Licensed Software, including all copies and portions thereof in -any form (including any portions thereof merged into a design or a -product that has not been distributed), and certify the same in -writing to Altera. Altera will refund the license fee paid during the -previous one (1) calendar year for such Licensed Software. Upon -performance by Altera of the remedies above, the liability of Altera -for such alleged infringement shall terminate with respect to all -damages arising from or relating to such alleged infringement after -the date of Altera's performance. Sections 9.1 and 9.2 of the -Agreement state Altera's entire liability, and Your and Licensee's -sole and exclusive remedies, with regards to infringement claims. - -10. Limitation of Liability. - - 10.1. OpenCore Plus Evaluation License Limitation of -Liability. YOU UNDERSTAND AND AGREE THAT THE LICENSED SOFTWARE MAY BE -FUNCTION-, TIME-, OR CLOCK CYCLE LIMITED, AND THEREFORE YOU AND -LICENSEE ACKNOWLEDGE AND AGREE THAT IN NO EVENT WILL ALTERA BE HELD -LIABLE FOR ANY DAMAGES, LOSSES, COSTS, LIABILITIES OR EXPENSES TO YOU -OR TO ANY THIRD PARTY ARISING FROM OR RELATING TO THE AUTOMATIC -DISABLING OF ANY LICENSED SOFTWARE FUNCTIONS OBTAINED THROUGH THE -OPENCORE PLUS EVALUATION LICENSE. - - 10.2. No Indirect Damages. TO THE MAXIMUM EXTENT PERMITTED BY -APPLICABLE LAW, UNDER NO CIRCUMSTANCES WILL ALTERA, ITS LICENSORS OR -AUTHORIZED DISTRIBUTORS BE LIABLE TO YOU, TO LICENSEE, OR TO ANY THIRD -PARTY FOR ANY INDIRECT, CONSEQUENTIAL, INCIDENTAL, PUNITIVE, OR -SPECIAL DAMAGES OF ANY KIND OR NATURE INCLUDING BUT NOT LIMITED TO -LOSS OF PROFITS, LOSS OR INACCURACY OF DATA, LOSS OF USE, COSTS OF -PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES IN CONNECTION WITH THE -SUBJECT MATTER OF THIS AGREEMENT OR USE OF THE LICENSED SOFTWARE, IN -WHOLE OR IN PART, UNDER ANY THEORY OF LIABILITY, EVEN IF SUCH LOSSES -WERE REASONABLY FORESEEABLE OR ALTERA HAS BEEN ADVISED OF THE -POSSIBILITY OF OCCURRENCE OF SUCH DAMAGES. - - 10.3. Damages Cap. IN NO EVENT SHALL ALTERA'S TOTAL AGGREGATE -LIABILITY UNDER THIS AGREEMENT EXCEED THE LICENSE FEE ACTUALLY PAID -BY LICENSEE TO ALTERA FOR THE SPECIFIC LICENSE GIVING RISE TO THE -CLAIM FOR THE PRECEDING ONE (1) YEAR PERIOD. - - 10.4. Failure of Essential Purpose. WITHOUT LIMITING THE -FOREGOING, IT IS EXPRESSLY UNDERSTOOD AND AGREED BY THE PARTIES HERETO -THAT EACH AND EVERY PROVISION OF THIS AGREEMENT WHICH PROVIDES FOR A -LIMITATION OF LIABILITY, DISCLAIMER OF WARRANTY OR EXCLUSION OF -DAMAGES IS INTENDED BY THE PARTIES TO BE SEVERABLE AND INDEPENDENT OF -ANY OTHER SUCH PROVISION. FURTHER, IN THE EVENT THAT ANY REMEDY -HEREUNDER IS DETERMINED TO HAVE FAILED OF ITS ESSENTIAL PURPOSE, ALL -LIMITATIONS OF LIABILITY AND EXCLUSIONS OF DAMAGES SHALL REMAIN IN -EFFECT, TO THE MAXIMUM EFFECT PERMITTED BY APPLICABLE LAW. - - 10.5. Hazardous Applications and Uses. THE LICENSED SOFTWARE -IS NOT INTENDED OR DESIGNED TO BE FAIL-SAFE FOR USE IN ANY APPLICATION -REQUIRING FAIL-SAFE PERFORMANCE, SUCH AS LIFE SUPPORT, SAFETY OR -MEDICAL DEVICE SYSTEMS, NUCLEAR FACILITIES, OR ANY OTHER APPLICATIONS -THAT COULD LEAD TO DEATH, PERSONAL INJURY, OR SEVERE PROPERTY OR -ENVIRONMENTAL DAMAGE (COLLECTIVELY, "HAZARDOUS APPLICATIONS"). THE -LICENSED SOFTWARE IS ALSO NOT DESIGNED OR INTENDED FOR USE WITH ANY -APPLICATIONS THAT CONTROL VEHICLES OR AIRCRAFT. LICENSEE AGREES THAT -PRIOR TO USING OR DISTRIBUTING ANY SYSTEMS DEVELOPED BY USE OF THE -LICENSED SOFTWARE OR THAT INCORPORATE A PORTION OF THE LICENSED -SOFTWARE, TO THOROUGHLY TEST SUCH SYSTEMS FOR SAFETY PURPOSES. TO THE -MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, LICENSEE ASSUMES ALL RISK -AND LIABILITY FOR ANY HAZARDOUS APPLICATIONS AND USES IN APPLICATONS -THAT CONTROL VEHICLES OR AIRCRAFT. - - 10.6 Altera is willing to enter into this Agreement only in -consideration of and in reliance of the terms and conditions contained -herein limiting Altera's exposure to liability. Such provisions -constitute an essential part of the bargain underlying this Agreement -and have been reflected in the consideration hereto. The parties -understand and agree that the exclusion of warranties, limitation of -liability, and the limitation of remedies allocate risks between the -parties as authorized under applicable law. - - 10.7. NOTWITHSTANDING THE FOREGOING, THE LIMITATIONS OF -LIABILITY IN THIS SECTION 10 WILL NOT APPLY WITH RESPECT TO DEATH, -SERIOUS BODILY INJURY, OR DAMAGE TO PERSONAL PROPERTY RESULTING FROM A -PARTY'S GROSS NEGLIGENCE OR INTENTIONAL MISCONDUCT. - -11. General Terms and Conditions. - - 11.1. General Terms. This Agreement is entered into for the -benefit of Altera, its licensors, and Authorized Distributors, and all -rights granted to Licensee, its Users, and Authorized Contractors, and -obligations owed to Altera and the Authorized Distributors, shall be -enforceable by Altera, its licensors and the Authorized Distributors. -No modification of this Agreement will be binding unless in writing -and signed by authorized representatives of each party. If any of -the provisions of this Agreement are in violation of applicable law, -void, or unenforceable, then such provisions shall be deemed to be -deleted from the Agreement, but the remaining provisions shall remain -in full force and effect. If You have any questions concerning this -Agreement, including questions relating to software maintenance or -warranty service, please contact Altera Corporation, 101 Innovation -Drive, San Jose, CA 95134. - - 11.2. By downloading, installing, copying or using the -Licensed Software, or by paying a license or other applicable fee, You -acknowledge that You have read this Agreement, understand it, and -agree to be bound by its terms and conditions. You further agree -that the Agreement is the complete and entire agreement between You -and Altera with respect to the subject matter hereof. No statements, -promises or representations have been made by one party to the other, -or are relied upon by either party when entering into this Agreement. -All prior and contemporaneous discussions and negotiations, whether -verbal or written, are merged into and superseded by the Agreement. -No entity or person not a party hereto shall have any interest under -this Agreement, or be deemed to be a third party beneficiary thereof. - - 11.3. Audit Rights. Licensee agrees to keep complete and -accurate books and records which confirm its compliance with the terms -and conditions of this Agreement. Altera shall have a right to audit -Licensee's facilities and records, provided that such audit: (a) shall -be conducted at reasonable times, upon reasonable prior written -notice; (b) shall not unreasonably interfere with Licensee's normal -business operations. This Section 11.3 shall survive for three (3) -years after expiration or termination of this Agreement. - - 11.4. No Assignment. The license and rights granted to -Licensee hereunder are personal in nature. Licensee may not -sublicense, delegate, assign, or otherwise transfer this Agreement or -any of the rights or obligations contained therein. Any attempt to do -so will be void and shall have no force and effect, and shall -immediately terminate all licenses and rights granted under this -Agreement. Without limiting the foregoing, in the event of a merger, -reorganization, or change in control of fifty percent (50%) or more of -Licensee's equity or voting interest ("Change of Control") no transfer -or assignment (including but not limited to by operation of law) of -this Agreement may be made without Altera's prior written consent, -which may be withheld at Altera's sole discretion. - - 11.5. Export Control. The Licensed Software, technical data, -any products developed with or utilizing the Licensed Software, -Confidential Information, or any modifications or portions thereto -(collectively, the "Exported Software") is subject to U.S. and may be -subject to non-U.S. export control laws and regulations. Licensee may -not export, re-export, transfer or otherwise distribute the Exported -Software, in violation of the export control laws and regulations of -U.S. or non-U.S. laws and regulations, as may be amended from time to -time. It is Licensee's responsibility, at its sole expense, to -obtain all approvals, licenses and consents required from any -government entity prior to any export or re-export of the Exported -Software for any reason. - - 11.6. Governing Law/Venue. This Agreement will be governed -by the laws of the State of California, United States of America, -without reference to its choice of laws provisions. Licensee agrees -to submit to the exclusive jurisdiction of the state and federal -courts in the County of Santa Clara, State of California for the -resolution of any dispute or claim arising out of or relating to this -Agreement. The prevailing party in any legal action, settlement or -arbitration arising out of this Agreement shall be entitled to -reimbursement for its expenses, including court costs and reasonable -attorneys' fees, in addition to any other rights and remedies such -party may have. - - 11.7. U.S. Government Restricted Rights. Licensee -acknowledges and agrees that all software and software-related items -licensed by Altera pursuant to this Agreement are "Commercial Computer -Software" or "Commercial Computer Software Documentation" as defined -in FAR 12.212 for civilian agencies and DFARS 227-7202 for military -agencies (as amended) and in the event Licensee is permitted under -this Agreement to provide such items to the U.S. government, such -items shall be provided under terms that are at least as restrictive -as the provisions of this Agreement. The Contractor/manufacturer is -Altera Corporation, 101 Innovation Drive, San Jose, CA 95134. - - 11.8. Survival. If the Agreement terminates for any reason, -all definitions in this Agreement and the rights, obligations, and -restrictions under Sections 1 (Definitions); 2.3 (Reservation of -Rights) 2.6 (Intellectual Property Rights Notices); 2.9 (No Other -Licenses or Grant of Intellectual Property Rights); 3 (Ownership and -Future Development); 4 (Confidential Information); 5.3 (Disclaimer of -Warranties); 6 (Third Party Licensors); 7.3 (Effect of Termination); 9 -(Indemnification); 10 (Limitation of Liability); and 11 (General Terms -and Conditions) shall survive termination of the Agreement. - -[END OF MEGACORE FUNCTION V. 15.1 LICENSE TERMS AND -CONDITIONS] - - - -=================================================================== - -THIRD-PARTY LICENSES - -NOTE: The following third-party licenses and notices represent each -third-party contributor's use requirements for Your usage of any third- -party software incorporated into or provided in conjunction with the -Altera product(s) licensed under the Altera Software License Agreement -("Agreement"). The provisions contained in each such license apply -only to the respective Third-Party Components (as such term is defined -in the Agreement) and not to any Altera products licensed to You. - -Quartus Prime THIRD-PARTY LICENSES ------------------------------------------------------------------- -1. Liberation Fonts 2.00.1 (SIL Open Font License, Version 1.1) -2. Alphanum 1.0 (libpng/zlib License) -3. AngularJS 1.0.8 (MIT License) -4. AngularJS 1.2.0 (MIT License) -5. Apache Xerces C++ 2.6 (Apache v. 2.0 license) -6. autopep8 0.9.7 (MIT License) -7. Base64 decoder 1.0 (Zlib License) -8. boost 1.53.0 (MIT-style License) -9. Bootstrap components for AngularJS 0.10.0 (MIT License) -10. Bootstrap components for AngularJS 0.6.0 (MIT License) -11. Bottle 0.12.7 (MIT License) -12. buddy 2.2 (BSD-style License) -13. bwidget 1.4.1 (BSD-style License) -14. Cajun 2.0.1 (3 Clause BSD License) -15. CherryPy 3.5.0 (3 Clause BSD License) -16. Cygwin 1.7.32 (GPL v. 3.0) -17. D3.js: Data-Driven Documents 2.10.3 (3 Clause BSD Licens) -18. D3.js: Data-Driven Documents 3.0.0 (3 Clause BSD Licens) -19. Django 1.6 (3 Clause BSD License) -20. Editline Library (libedit) 0:42:0 (NetBSD License) -21. Eigen3 3.2.1 (Mozilla Public License Version 2.0) -22. Flake8 2.1.0 (MIT License) -23. GD 2.0.34 (BSD-style License) -24. Google Mock and Google Test 1.7 (BSD 3 Clause License) -25. gzip 1.3.12 (GPL v. 2.0 License) -26. HTTP-Parser 2.1 (MIT License) -27. IBM.ICU 4.4.2 (IBM ICU License and additional Third Party terms) -28. ICU 3.4 (IBM License and additional third party terms) -29. INCR TCL 4.0 (BSD-Style License) -30. javasysmon 0.3.5 (BSD 2 Clause License) -31. jdbc sqlite 20120209 (Apache v. 2.0 license) -32. jpeg 6b (Indedendent JPEG Group License) -33. jQuery 1.9.1 (MIT License) -34. jQuery UI 1.10.2 (MIT License) -35. jQuery UI Layout Plug-in 1.3.0.rc30.79 (MIT License, GPL v.3 License) -36. JRE Java SE 6 (Oracle Binary Code License) -37. 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Requests 2.3.0 (Apache v. 2.0 license) -60. setuptools 2.0 (PSF or ZPL License) -61. superlu 2.2.0 (BSD 3 Clause License) -62. systemc 2.1 (SystemC Open Source License v. 3.3) -63. Tablelist 5.5 (MIT style license) -64. TableSorter 2.7.3 (MIT License, GPL v. 3.0 Licenses) -65. tbb 4.2.2 (GPL v.2.0 License) -66. TCL-TK 8.6 (BSD-style License) -67. tcldom 3.0 (BSD Style License) -68. tcllib 1.11 (BSD 4 Clause License) -69. tclsoap 1.6.7 (MIT License) -70. tclxml 3.2 (BSD style License) -71. TinyXml 2.6.2 (zlib License) -72. tktable 2.10 (Tcl/Tk license) -73. TLS 1.6 (BSD License) -74. Tufao 0.8 (LGPL v. 2.1 License (library) (documentation and examples under MIT License)) -75. Twitter Bootstrap 2.3.1 (Apache v. 2.0 License) -76. Twitter Bootstrap 2.3.2 (Apache v. 2.0 License) -77. Twitter Bootstrap version 3.0.3 (Apache v. 2.0 License) -78. Underscore.js 1.4.4 (MIT License) -79. unzip 6.00 (BSD Style Info-Zip License) -80. xmlgen 1.4 (Apache v. 2.0 license) -81. ZeroMQ 4.0.3 (LGPL v. 3 License) -82. ZLIB 1.2.3 (Zlib License) - -MegaCore (IP) THIRD-PARTY LICENSES ------------------------------------------------------------------- -1. antlr 2.7.2 (BSD 4 Clause License) -2. appframework 1.03 (LGPL v. 2.1 License) -3. asm 3.1 (BSD 3 Clause License) -4. avi2raw 1.1 (Mozilla Public License v. 1.1) -5. beansbinding 1.2.1 (LGPL v. 2.1 License) -6. JGoodies Binding 2.0.6 (BSD 3 Clause License) -7. binutils 2.24 (GPL v. 2 License) -8. boost 1.38.0 (MIT-style License) -9. castor 1.0.3 (Apache v. 2.0 and Intalio BSD-style Licenses) -10. castor 1.2 (Apache v. 2.0 and Intalio BSD-style Licenses) -11. checker-framework 1.8.7 (GPL v. 2 License) -12. checkstyle 4.2 (LGPL v. 2.1 License) -13. cli 1.1 (Apache v. 2.0 License) -14. cobertura 1.8 (GPL v. 2 License) -15. commons-beanutils 1.6 (Apache v. 1.1 License) -16. commons-collection 3 (Apache v. 2.0 License) -17. commons-digester 1.5 (Apache v. 1.1 License) -18. commons-lang 3.1 (Apache v. 2.0 License) -19. commons-logging 1.1 (Apache v. 2.0 License) -20. commons-logging 1.2 (Apache v. 2.0 License) -21. commons-pool 1.2 (Apache v. 2.0 License) -22. 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JDOM 1 (BSD-style License) -45. JFreeChart 1.0.13 (LGPL v. 3 License) -46. JGraphX 2.2.0.2 (BSD 3 Clause License) -47. jline 2.12 (BSD 3 Clause License) -48. jsap 2.0a (LGPL v. 2.1 License) -49. jsr173 1.0 (Apache v. 2.0 License) -50. junit 3.8.1 (Common Public License v. 1.0) -51. junit 4.0 (Common Public License v. 1.0) -52. junit 4.1 (Common Public License v. 1.0) -53. l2fprod 7.3 (Apache v. 2.0 License) -54. libstdc v3 (GPL v. 3 License) -55. looks 2.0.1 (BSD 2 Clause License) -56. make 3.81 (GPL v. 2 License) -57. miglayout15 3.0.3 (BSD 2 Clause License) -58. mpc 1.0.1 (LGPL v. 3 License) -59. mpfr 3.1.0 (LGPL v. 3 License) -60. mpfr 3.1.1 (LGPL v. 3 License) -61. mpir 2.2.1 (LGPL v. 3 License) -62. mydoggy 1.4.2 (LGPL v. 3 License) -63. netbeans-swing-outline 6.9 (LGPL v. 2.1, GPL v. 2.0, and CDDL v. 1 Licenses plus Classpath Exception) -64. newlib 2.1.0 (Red Hat and BSD 3 Clause Licenses) -65. OpenCL 1.1 (MIT License) -66. powermock 1.5 (Apache v. 2.0 license) -67. quickserver 1.4.7 (LGPL v.2.1 License) -68. stlport 7.1 (Stlport License) -69. swingworker 3 (MPL v. 1.1 and LGPL v. 2.1 Licenses) -70. symphony 5.4.5 (Eclipse Public License v. 1.0) -71. systemc 2.2.0 (SystemC Open Source License v. 3.3) -72. velocity 1.4 (Apache v. 2.0 License) -73. wraplf 0.2 (Apache v. 2.0 License) -74. xalan 1.2.2 (Apache v. 2.0 License) -75. xerces 2.3.0 (Apache v. 1.1 License) -76. xmlbeans 2.2.0 (Apache v. 2.0 License) diff --git a/licenses/Werken-1.1.1.1 b/licenses/Werken-1.1.1.1 deleted file mode 100644 index e61de402f967..000000000000 --- a/licenses/Werken-1.1.1.1 +++ /dev/null @@ -1,40 +0,0 @@ -Copyright 2001 (C) The Werken Company. All Rights Reserved. - -Redistribution and use of this software and associated documentation -("Software"), with or without modification, are permitted provided -that the following conditions are met: - -1. Redistributions of source code must retain copyright - statements and notices. Redistributions must also contain a - copy of this document. - -2. Redistributions in binary form must reproduce the - above copyright notice, this list of conditions and the - following disclaimer in the documentation and/or other - materials provided with the distribution. - -3. The name "Forehead" must not be used to endorse or promote - products derived from this Software without prior written - permission of The Werken Company. For written permission, - please contact bob@werken.com. - -4. Products derived from this Software may not be called "Forehead" - nor may "Forehead" appear in their names without prior written - permission of The Werken Company. Forehead is a registered - trademark of The Werken Company. - -5. Due credit should be given to the Forehead Project - (http://drools.org/). - -THIS SOFTWARE IS PROVIDED BY THE WERKEN COMPANY AND CONTRIBUTORS -``AS IS'' AND ANY EXPRESSED OR IMPLIED WARRANTIES, INCLUDING, BUT -NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND -FITNESS FOR A PARTICULAR PURPOSE ARE DISCLAIMED. IN NO EVENT SHALL -THE WERKEN COMPANY OR ITS CONTRIBUTORS BE LIABLE FOR ANY DIRECT, -INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, OR CONSEQUENTIAL DAMAGES -(INCLUDING, BUT NOT LIMITED TO, PROCUREMENT OF SUBSTITUTE GOODS OR -SERVICES; LOSS OF USE, DATA, OR PROFITS; OR BUSINESS INTERRUPTION) -HOWEVER CAUSED AND ON ANY THEORY OF LIABILITY, WHETHER IN CONTRACT, -STRICT LIABILITY, OR TORT (INCLUDING NEGLIGENCE OR OTHERWISE) -ARISING IN ANY WAY OUT OF THE USE OF THIS SOFTWARE, EVEN IF ADVISED -OF THE POSSIBILITY OF SUCH DAMAGE. diff --git a/licenses/abyss b/licenses/abyss deleted file mode 100644 index 8e9f366c40c0..000000000000 --- a/licenses/abyss +++ /dev/null @@ -1,232 +0,0 @@ -ABySS -Copyright 2009 Genome Sciences Centre -All rights reserved. - -Abyss SOFTWARE LICENSE AGREEMENT (ACADEMIC USE) -CAREFULLY READ THE FOLLOWING TERMS AND CONDITIONS. This License -Agreement (the "Agreement") is a legal contract between you, your -employer, educational institution or organization (collectively, "You") -and the British Columbia Cancer Agency ("BCCA") with respect to the -license of ABySS, including all associated -documentation (collectively, the "Product"). - -BCCA is willing to license the Product to You only if You accept the -terms and conditions of this Agreement. By clicking on the "I ACCEPT" -button, or by copying, downloading, accessing or otherwise using the -Product, You automatically agree to be bound by the terms of this -Agreement. IF YOU DO NOT WISH TO BE BOUND BY THE TERMS OF THIS -AGREEMENT, DO NOT COPY, DOWNLOAD, ACCESS OR OTHERWISE USE THE -PRODUCT. - -1. AUTHORITY: In the event that You are an educational institution or - organization, Your representative who is clicking the "I ACCEPT" - button, or otherwise copying, downloading, accessing or using the - Product hereby, in their personal capacity, represents and warrants - that they possess the legal authority to enter into this Agreement - on Your behalf and to bind You to the terms of this Agreement. - -2. LICENSE TO USE: BCCA hereby grants to You a personal, - non-exclusive, non-transferable, limited license to use the Product - solely for internal, non-commercial use for non-profit research or - educational purposes only on the terms and conditions contained in - this Agreement. The Product may be installed on a maximum of one - machine per Qualified User at Your premises only. A copy of the - Product installed on a single common machine may be shared for - internal use by Qualified Users only. In order to be a "Qualified - User", an individual must be a student, researcher, professor, - instructor or staff member of a non-profit educational institution - or organization who uses the Product solely for non-profit research - or educational purposes. - -3. RESTRICTIONS: You acknowledge and agree that You shall not, and -shall not authorize any third party to: -(a) make copies of the Product, except as provided in Section 2 and -except for a single backup copy, and any such copy together with the -original must be kept in Your possession or control; -(b) modify, adapt, decompile, disassemble, translate into another -computer language, create derivative works of, or otherwise reverse -engineer the Product, or disclose any trade secrets relating to the -Product, except as permitted in Section 5; -(c) license, sublicense, distribute, sell, lease, transfer, assign, -trade, rent or publish the Product or any part thereof and/or copies -thereof, to any third party; -(d) use the Product to process any data other than Your own; -(e) use the Product or any part thereof for any commercial or -for-profit purpose or any other purpose other than as permitted in -Section 2; or -(f) use, without its express permission, the name of BCCA. - -4. INTELLECTUAL PROPERTY RIGHTS: Subject to Section 5 below, all - patents, copyrights, trade secrets, service marks, trademarks and - other proprietary rights in or related to the Product and any - improvements, modifications and enhancements thereof are and will - remain the exclusive property of BCCA or its licensors. You agree - that You will not, either during or after the termination of this - Agreement, contest or challenge the title to or the intellectual - property rights of BCCA or its licensors in the Product or any - portion thereof. - -5. OWNERSHIP OF IMPROVEMENTS: In the event that the Product, in the - form provided to You, includes source code (the "Source Code"), - You are entitled to make improvements, modifications and - enhancements to the Source Code (collectively, "Improvements") - which Improvements are to be used by You for non-profit research - and educational purposes only and You shall be the owner of those - Improvements that You directly make and of all intellectual - property rights to such Improvements, subject to the foregoing - limits on Your use and distribution of such Improvements. You - hereby grant to BCCA a perpetual, non-exclusive, worldwide, - fully-paid, irrevocable license to use such Improvements for any - purposes whatsoever, and to sublicense such Improvements including - the right for third parties to sublicense the same, in perpetuity - to the extent such rights are not limited in duration under - applicable law, without identifying or seeking Your - consent. Notwithstanding the foregoing, You acknowledge that BCCA - and its licensors will retain or own all rights in and to any - pre-existing code or other technology, content and data that may be - incorporated in the Improvements. For greater certainty, this - Section applies solely to the Source Code and shall not give You - any rights with respect to the object code or any other portion or - format of the Product which use, for greater certainty, is limited - as set forth in this Agreement including as set out in Section 3(b) - above. You acknowledge and agree that you will provide copies of - Improvements to BCCA in such format as reasonably requested by BCCA - at any time upon the request of BCCA. - -6. CONFIDENTIALITY: You acknowledge that the Product is and - incorporates confidential and proprietary information developed, - acquired by or licensed to BCCA. You will take all reasonable - precautions necessary to safeguard the confidentiality of the - Product, and will not disclose any information about the Product to - any other person without BCCA's prior written consent. You will - not allow the removal or defacement of any confidential or - proprietary notice placed on the Product. You acknowledge that any - breach of this Section 6 will cause irreparable harm to BCCA and - its licensors. - -7. NO WARRANTIES: THIS PRODUCT IS PROVIDED TO YOU BY BCCA IN ORDER TO -ALLOW YOU TO OBTAIN ACCESS TO LEADING ACADEMIC RESEARCH. THE PRODUCT -IS PROVIDED TO YOU ON AN "AS IS" BASIS WITHOUT WARRANTY OF ANY -KIND. NO WARRANTY, REPRESENTATION OR CONDITION EITHER EXPRESS OR -IMPLIED, INCLUDING WITHOUT LIMITATION, ANY IMPLIED WARRANTY OR -CONDITION OF MERCHANTABILITY, NON-INFRINGEMENT, PERFORMANCE, -DURABILITY OR FITNESS FOR A PARTICULAR PURPOSE OR USE SHALL -APPLY. BCCA DOES NOT WARRANT THAT THE PRODUCT WILL OPERATE ON A -CONTINUOUS OR TROUBLE FREE BASIS. - -8. LIMITATION OF LIABILITY: TO THE MAXIMUM EXTENT PERMITTED BY -APPLICABLE LAW, IN NO EVENT SHALL THE AGGREGATE LIABILITY OF BCCA TO -YOU EXCEED THE AMOUNT YOU HAVE PAID TO ACQUIRE THE PRODUCT ("MAXIMUM -AMOUNT") AND WHERE YOU HAVE NOT PAID ANY AMOUNT FOR THE PRODUCT THEN -THE MAXIMUM AMOUNT SHALL BE DEEMED TO BE CDN$100.00. IN NO EVENT SHALL -BCCA BE LIABLE FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, OR SPECIAL -DAMAGES, INCLUDING WITHOUT LIMITATION ANY DAMAGES FOR LOST PROFITS OR -SAVINGS, REGARDLESS OF WHETHER THEY HAVE BEEN ADVISED OF THE -POSSIBILITY OF SUCH DAMAGE. EXCEPT TO THE EXTENT THAT THE LAWS OF A -COMPETENT JURISDICTION REQUIRE LIABILITIES BEYOND AND DESPITE THESE -LIMITATIONS, EXCLUSIONS AND DISCLAIMERS, THESE LIMITATIONS, EXCLUSIONS -AND DISCLAIMERS SHALL APPLY WHETHER AN ACTION, CLAIM OR DEMAND ARISES -FROM A BREACH OF WARRANTY OR CONDITION, BREACH OF CONTRACT, -NEGLIGENCE, STRICT LIABILITY OR ANY OTHER KIND OF CIVIL OR STATUTORY -LIABILITY CONNECTED WITH OR ARISING FROM THIS AGREEMENT. YOU AGREE -THAT THE FOREGOING DISCLAIMER OF WARRANTIES AND LIMITATION OF -LIABILITY ARE FAIR IN LIGHT OF THE NATURE OF THE RIGHTS GRANTED HEREIN -AND THE AMOUNT OF FEES PAID BY YOU IN RESPECT OF THE PRODUCT. - -9. INDEMNITY: You will indemnify, defend and hold harmless BCCA, its - board of directors, staff and agents from and against any and all - liability, loss, damage, action, claim or expense (including - attorney's fees and costs at trial and appellate levels) in - connection with any claim, suit, action, demand or judgement - (collectively, "Claim") arising out of, connected with, resulting - from, or sustained as a result of Your use of the Product or the - downloading of the Product, including without limitation, any Claim - relating to infringement of BCCA's intellectual property rights or - the intellectual property rights of any third party. - -10. SUPPORT AND MAINTENANCE: You acknowledge and agree that, unless - and to the extent expressly agreed by BCCA in a separate written - document, the Product is provided to You without any support or - maintenance from BCCA and, for greater certainty, BCCA shall have - no obligation to issue any update or upgrade to any Product. - -11. TERM: This Agreement is effective until terminated. You may - terminate this Agreement at any time by ceasing use of the Product - and destroying or deleting any copies of the Product. This - Agreement will terminate immediately without notice from BCCA if - You fail to comply with any provision of this Agreement. BCCA may - terminate this Agreement at any time upon notice to you where BCCA - determines, in its sole discretion, that any continued use of the - Product could infringe the rights of any third parties. Upon - termination of this Agreement, and in any event upon BCCA - delivering You notice of termination, You shall immediately purge - all Products from Your computer system(s), return to BCCA all - copies of the Product that are in Your possession or control, and - cease any further development of any Improvements. On any - termination of this Agreement Sections 1, 4, 6, 7, 8, 9, 13 and 14 - shall survive such termination. - -12. GOVERNMENT END USERS: Where any of the Product is used, duplicated - or disclosed by or to the United States government or a government - contractor or sub contractor, it is provided with RESTRICTED - RIGHTS as defined in Title 48 CFR 52.227-19 and is subject to the - following: Title 48 CFR 2.101, 52.227-19, 227.7201 through - 227.7202-4, FAR 52.227-14, and FAR 52.227-19(c)(1-2) and (6/87), - and where applicable, the customary software license, as described - in Title 48 CFR 227-7202 with respect to commercial software and - commercial software documentation including DFAR 252.227-7013, - DFAR 252,227-7014, DFAR 252.227-7015 and DFAR 252.7018, all as - applicable. - -13. USE OF THE DOWNLOAD SERVICE: You acknowledge and agree that you - will be responsible for all costs, charges and taxes (where - applicable) arising out of Your use of the Product and the - downloading of the Product. You acknowledge that You are - responsible for supplying any hardware or software necessary to - use the Product pursuant to this Agreement. - -14. GENERAL PROVISIONS: -(a) This Agreement will be governed by the laws of the Province of -British Columbia, and the laws of Canada applicable therein, excluding -any rules of private international law that lead to the application of -the laws of any other jurisdiction. The United Nations Convention on -Contracts for the International Sale of Goods (1980) does not apply to -this Agreement. The courts of the Province of British Columbia shall -have non-exclusive jurisdiction to hear any matter arising in -connection with this Agreement. -(b) USE OF THE PRODUCT IS PROHIBITED IN ANY JURISDICTION WHICH DOES -NOT GIVE EFFECT TO THE TERMS OF THIS AGREEMENT. -(c) You agree that no joint venture, partnership, employment, -consulting or agency relationship exists between You and BCCA as a -result of this Agreement or Your use of the Product. -(d) You hereby consent to Your contact information and any other -personally identifiable information that You provide to us being -disclosed to and maintained and used by us and our business partners -for the purposes of (i) managing and developing our respective -businesses and operations; (ii) marketing products and services to You -and your staff; and (iii) developing new and enhancing existing -products. You further agree that we may provide this information to -other persons as required to satisfy any legal requirements and to any -person that acquires some or all of the assets of BCCA. Where any of -the personally identifiable information that You provide to us is in -respect of individuals other than Yourself (such as Your staff) then -You represent and warrant to use that You have obtained all necessary -consents and authorizations from such individuals in order to comply -with this provision. Please see the BCCA website for further -information regarding personally identifiable information. -(e) This Agreement is the entire Agreement between You and BCCA -relating to this subject matter. You will not contest the validity of -this Agreement merely because it is in electronic form. No -modification of this Agreement will be binding, unless in writing and -accepted by an authorized representative of each party. -(f) The provisions of this Agreement are severable in that if any -provision in the Agreement is determined to be invalid or -unenforceable under any controlling body of law, that will not affect -the validity or enforceability of the remaining provisions of the -Agreement. -(g) You agree to print out or download a copy of this Agreement and -retain it for Your records. -(h) You consent to the use of the English language in this Agreement. -(i) You may not assign this Agreement or any of Your rights or -obligations hereunder without BCCA's prior written consent. BCCA, at -its sole discretion may assign this Agreement without notice to You. diff --git a/licenses/bea.ri.jsr173 b/licenses/bea.ri.jsr173 deleted file mode 100644 index db026f53b4a9..000000000000 --- a/licenses/bea.ri.jsr173 +++ /dev/null @@ -1,122 +0,0 @@ -Streaming API for XML (JSR-173) Specification -Reference Implementation -License Agreement - -READ THE TERMS OF THIS (THE "AGREEMENT") CAREFULLY BEFORE VIEWING OR USING THE SOFTWARE LICENSED HEREUNDER. BY VIEWING OR USING THE SOFTWARE, YOU AGREE TO THE TERMS OF THIS AGREEMENT. IF YOU ARE ACCESSING THE SOFTWARE ELECTRONICALLY, INDICATE YOUR ACCEPTANCE OF THESE TERMS BY SELECTING THE "ACCEPT" BUTTON AT THE END OF THIS AGREEMENT. IF YOU DO NOT AGREE TO ALL THESE TERMS, PROMPTLY RETURN THE UNUSED SOFTWARE TO ORIGINAL CONTRIBUTOR, DEFINED HEREIN. - -1.0 DEFINITIONS. - -1.1. "BEA" means BEA Systems, Inc., the licensor of the Original Code. - -1.2. "Contributor" means BEA and each entity that creates or contributes to the creation of Modifications. - -1.3. "Covered Code" means the Original Code or Modifications or the combination of the Original Code and Modifications, in each case including portions thereof and corresponding documentation released with the source code. - -1.4. "Executable" means Covered Code in any form other than Source Code. - -1.5. "FCS" means first commercial shipment of a product. - -1.6. "Modifications" means any addition to or deletion from the substance or structure of either the Original Code or any previous Modifications. When Covered Code is released as a series of files, a Modification is: - -(a) Any addition to or deletion from the contents of a file containing Original Code or previous Modifications. - -(b) Any new file that contains any part of the Original Code or previous Modifications. - -1.7. "Original Code" means Source Code of computer software code Reference Implementation. - -1.8. "Patent Claims" means any patent claim(s), now owned or hereafter acquired, including without limitation, method, process, and apparatus claims, in any patent for which the grantor has the right to grant a license. - -1.9. “Reference Implementation” means the prototype or “proof of concept” implementation of the Specification developed and made available for license by or on behalf of BEA. - -1.10. "Source Code" means the preferred form of the Covered Code for making modifications to it, including all modules it contains, plus any associated documentation, interface definition files, scripts used to control compilation and installation of an Executable, or source code differential comparisons against either the Original Code or another well known, available Covered Code of the Contributor's choice. - -1.11. “Specification” means the written specification for the Streaming API for XML , Java technology developed pursuant to the Java Community Process. -1.12. "Technology Compatibility Kit" or “TCK” means the documentation, testing tools and test suites associated with the Specification as may be revised by BEA from time to time, that is provided so that an implementer of the Specification may determine if its implementation is compliant with the Specification. - -1.13. "You" (or "Your") means an individual or a legal entity exercising rights under, and complying with all of the terms of, this Agreement or a future version of this Agreement issued under Section 6.1. For legal entities, "You" includes any entity which controls, is controlled by, or is under common control with You. For purposes of this definition, "control" means (a) the power, direct or indirect, to cause the direction or management of such entity, whether by contract or otherwise, or (b) ownership of more than fifty percent (50%) of the outstanding shares or beneficial ownership of such entity. - -2.0 SOURCE CODE LICENSE. - -2.1. Copyright Grant. Subject to the terms of this Agreement, each Contributor hereby grants You a non-exclusive, worldwide, royalty-free copyright license to reproduce, prepare derivative works of, publicly display, publicly perform, distribute and sublicense the Covered Code of such Contributor, if any, and such derivative works, in Source Code and Executable form. - -2.2. Patent Grant. Subject to the terms of this Agreement, each Contributor hereby grants You a non-exclusive, worldwide, royalty-free patent license under the Patent Claims to make, use, sell, offer to sell, import and otherwise transfer the Covered Code prepared and provided by such Contributor, if any, in Source Code and Executable form. This patent license shall apply to the Covered Code if, at the time a Modification is added by the Contributor, such addition of the Modification causes such combination to be covered by the Patent Claims. The patent license shall not apply to any other combinations which include the Modification. - -2.3. Conditions to Grants. You understand that although each Contributor grants the licenses to the Covered Code prepared by it, no assurances are provided by any Contributor that the Covered Code does not infringe the patent or other intellectual property rights of any other entity. Each Contributor disclaims any liability to You for claims brought by any other entity based on infringement of intellectual property rights or otherwise. As a condition to exercising the rights and licenses granted hereunder, You hereby assume sole responsibility to secure any other intellectual property rights needed, if any. For example, if a third party patent license is required to allow You to distribute Covered Code, it is Your responsibility to acquire that license before distributing such code. - -2.4. Contributors’ Representation. Each Contributor represents that to its knowledge it has sufficient copyright rights in the Covered Code it provides , if any, to grant the copyright license set forth in this Agreement. - -3.0 DISTRIBUION RESTRICTIONS. - -3.1. Application of Agreement. - -The Modifications which You create or to which You contribute are governed by the terms of this Agreement, including without limitation Section 2.0. The Source Code version of Covered Code may be distributed only under the terms of this Agreement or a future version of this Agreement released under Section 6.1, and You must include a copy of this Agreement with every copy of the Source Code You distribute. You may not offer or impose any terms on any Source Code version that alters or restricts the applicable version of this Agreement or the recipients' rights hereunder. However, You may include an additional document offering the additional rights described in Section 3.3. - -3.2. Description of Modifications. - -You must cause all Covered Code to which You contribute to contain a file documenting the changes You made to create that Covered Code and the date of any change. You must include a prominent statement that the Modification is derived, directly or indirectly, from Original Code provided by BEA and including the name of BEA in (a) the Source Code, and (b) in any notice in an Executable version or related documentation in which You describe the origin or ownership of the Covered Code. - -3.3. Required Notices. - -You must duplicate the following notice in each file of the Source Code: - -“(c) 2002, 2003 BEA Systems, Inc. All rights Reserved. The contents of this file are subject to the BEA Streaming API for XML Specification Reference Implementation License Agreement (the “Agreement”); you may not use this file except in compliance with the Agreement. A copy of the Agreement is available at http://www.bea.com/” - -If You created one or more Modification(s) You may add your name as a Contributor to the copyright portion of the notice above. You must also duplicate this Agreement in any documentation for the Source Code where You describe recipients' rights or ownership rights relating to Covered Code. You may choose to offer, and to charge a fee for, warranty, support, indemnity or liability obligations to one or more recipients of Covered Code. However, You may do so only on Your own behalf, and not on behalf of BEA or any other Contributor. You must make it absolutely clear than any such warranty, support, indemnity or liability obligation is offered by You alone, and You hereby agree to indemnify BEA and every other Contributor for any liability incurred by BEA or such other Contributor as a result of warranty, support, indemnity or liability terms You offer. - -3.4. Distribution of Executable Versions. - -You may choose to distribute Covered Code in Executable form under its own license agreement, provided that: - - (a) You comply with the terms and conditions of this Agreement; and - -(b) Your license agreement: (i) effectively disclaims on behalf of all Contributors all warranties and conditions, express and implied, including warranties or conditions of title and non-infringement, and implied warranties or conditions of merchantability and fitness for a particular purpose; (ii) effectively excludes on behalf of all Contributors all liability for damages, including direct, indirect, special, incidental and consequential damages, such as lost profits; (iii) states that any provisions which differ from this Agreement are offered by that Contributor alone and not by any other party; and (iv) states that Source Code for the Covered Code is available from such Contributor, and informs licensees how to obtain it in a reasonable manner on or through a medium customarily used for software exchange. - -(c) You do not use any marks, brands or logos associated with the JCP Specification, or otherwise promote or market any Covered Code, as being compatible, compliant, conformant or otherwise consistent with the Specification unless such product passes, in accordance with the documentation (including the TCK Users Guide, if any), the most current TCK applicable to the latest version of the Specification and available from BEA one hundred twenty (120) days before FCS of such version of the product; provided, however, that if You elect to use a version of the TCK also provided by BEA that is newer than that which is required under this Section 2.1(b)(v), then You agree to pass such TCK. - -3.5. Distribution of Source Code Versions. - -When You make Covered Code available in Source Code form: - - (a) it must be made available under this Agreement; and - - (b) a copy of this Agreement must be included with each copy of the Covered Code. - -You may not remove or alter any copyright notices contained within the Covered Code. Each Contributor must identify itself as the originator of its contribution to the Covered Code, if any, in a manner that reasonably allows subsequent licensees to identify the originator of each portion of the Covered Code. - - - -4.0 DISCLAIMER OF WARRANTY. - -COVERED CODE IS PROVIDED UNDER THIS LICENSE ON AN "AS IS'' BASIS, WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING, WITHOUT LIMITATION, WARRANTIES THAT THE COVERED CODE IS FREE OF DEFECTS, MERCHANTABLE, FIT FOR A PARTICULAR PURPOSE OR NON-INFRINGING. THE ENTIRE RISK AS TO THE QUALITY AND PERFORMANCE OF THE COVERED CODE IS WITH YOU. SHOULD ANY COVERED CODE PROVE DEFECTIVE IN ANY RESPECT, YOU (NOT BEA OR ANY OTHER CONTRIBUTOR) ASSUME THE COST OF ANY NECESSARY SERVICING, REPAIR OR CORRECTION. THIS DISCLAIMER OF WARRANTY CONSTITUTES AN ESSENTIAL PART OF THIS LICENSE. NO USE OF ANY COVERED CODE IS AUTHORIZED HEREUNDER EXCEPT UNDER THIS DISCLAIMER. - -5.0 TERMINATION. - -5.1. This Agreement and the rights granted hereunder will terminate automatically if You fail to comply with terms herein and fail to cure such breach within 30 days of becoming aware of the breach. All sublicenses to the Covered Code which are properly granted shall survive any termination of this Agreement. Provisions which, by their nature, must remain in effect beyond the termination of this Agreement shall survive. - -5.2. If You initiate litigation by asserting a patent infringement claim (excluding declaratory judgment actions) against BEA or a Contributor (BEA or Contributor against whom You file such action is referred to as "Participant") alleging that: - -(a) such Participant's Covered Code directly or indirectly infringes any patent, then any and all rights granted by such Participant to You under Sections 2.0of this Agreement shall, upon 60 days notice from Participant terminate prospectively, unless if within 60 days after receipt of notice You either: (i) agree in writing to pay Participant a mutually agreeable reasonable royalty for Your past and future use of Modifications made by such Participant, or (ii) withdraw Your litigation claim with respect to the Covered Code against such Participant. If within 60 days of notice, a reasonable royalty and payment arrangement are not mutually agreed upon in writing by the parties or the litigation claim is not withdrawn, the rights granted by Participant to You under Section 2.0 automatically terminate at the expiration of the 60 day notice period specified above. - -(b) any software, hardware, or device, other than such Participant's Covered Code, directly or indirectly infringes any patent, then any rights granted to You by such Participant under Sections 2.0 are revoked effective as of the date You first made, used, sold, distributed, or had made, Modifications made by that Participant. - -5.3. If You assert a patent infringement claim against Participant alleging that such Participant's Covered Code directly or indirectly infringes any patent where such claim is resolved (such as by license or settlement) prior to the initiation of patent infringement litigation, then the reasonable value of the licenses granted by such Participant under Sections 2.0 shall be taken into account in determining the amount or value of any payment or license. - -5.4. In the event of termination under Sections 5.1 or 5.2 above, all end user license agreements (excluding distributors and resellers) which have been validly granted by You or any distributor hereunder prior to termination shall survive termination. - -6.0 LIMITATION OF LIABILITY. - -UNDER NO CIRCUMSTANCES AND UNDER NO LEGAL THEORY, WHETHER TORT (INCLUDING NEGLIGENCE), CONTRACT, OR OTHERWISE, SHALL YOUBEA, ANY OTHER CONTRIBUTOR, OR ANY DISTRIBUTOR OF COVERED CODE, OR ANY SUPPLIER OF ANY OF SUCH PARTIES, BE LIABLE TO ANY PERSON FOR ANY INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES OF ANY CHARACTER INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF GOODWILL, WORK STOPPAGE, COMPUTER FAILURE OR MALFUNCTION, OR ANY AND ALL OTHER COMMERCIAL DAMAGES OR LOSSES, EVEN IF SUCH PARTY SHALL HAVE BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGES. THIS LIMITATION OF LIABILITY SHALL NOT APPLY TO LIABILITY FOR DEATH OR PERSONAL INJURY RESULTING FROM SUCH PARTY'S NEGLIGENCE TO THE EXTENT APPLICABLE LAW PROHIBITS SUCH LIMITATION. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THIS EXCLUSION AND LIMITATION MAY NOT APPLY TO YOU. - -7.0 U.S. GOVERNMENT END USERS. - -The Covered Code is a "commercial item," as that term is defined in 48 C.F.R. 2.101 (Oct. 1995), consisting of "commercial computer software" and "commercial computer software documentation," as such terms are used in 48 C.F.R. 12.212 (Sept. 1995). Consistent with 48 C.F.R. 12.212 and 48 C.F.R. 227.7202-1 through 227.7202-4 (June 1995), all U.S. Government End Users acquire Covered Code with only those rights set forth herein. - -8.0 MISCELLANEOUS. - -This Agreement represents the complete agreement concerning subject matter hereof. If any provision of this Agreement is held to be unenforceable, such provision shall be reformed only to the extent necessary to make it enforceable. This Agreement shall be governed by California law provisions (except to the extent applicable law, if any, provides otherwise), excluding its conflict-of-law provisions. With respect to disputes in which at least one party is a citizen of, or an entity chartered or registered to do business in the United States of America, any litigation relating to this Agreement shall be subject to the jurisdiction of the Federal Courts of the Northern District of California, with venue lying in Santa Clara County, California, with the losing party responsible for costs, including without limitation, court costs and reasonable attorneys' fees and expenses. The application of the United Nations Convention on Contracts for the International Sale of Goods is expressly excluded. Any law or regulation which provides that the language of a contract shall be construed against the drafter shall not apply to this Agreement. - -9.0 RESPONSIBILITY FOR CLAIMS. - -As between BEA and the other Contributors, each party is responsible for claims and damages arising, directly or indirectly, out of its utilization of rights under this Agreement and You agree to work with BEA and Contributors to distribute such responsibility on an equitable basis. Nothing herein is intended or shall be deemed to constitute any admission of liability. - - diff --git a/licenses/glut b/licenses/glut deleted file mode 100644 index ea22469c7878..000000000000 --- a/licenses/glut +++ /dev/null @@ -1,16 +0,0 @@ -NOTICE: The OpenGL Utility Toolkit (GLUT) distribution contains source -code published in a book titled "Programming OpenGL for the X Window -System" (ISBN: 0-201-48359-9) published by Addison-Wesley. The -programs and associated files contained in the distribution were -developed by Mark J. Kilgard and are Copyright 1994, 1995, 1996, 1997, 1998 -by Mark J. Kilgard (unless otherwise noted). The programs are not in the -public domain, but they are freely distributable without licensing -fees. These programs are provided without guarantee or warrantee -expressed or implied. - -I acknowledge the assistance provided by William Mitchell in developing -GLUT's "fbc" interface for use by the f90gl Fortran 90 binding. - -- Mark Kilgard - August 28, 1998 - diff --git a/licenses/htmlc b/licenses/htmlc deleted file mode 100644 index a99e627a4c9a..000000000000 --- a/licenses/htmlc +++ /dev/null @@ -1,68 +0,0 @@ -LEGAL NOTICE - -Software: Htmlc, version 2.21 of September 2009. -hereinafter referred to as "the software". - -The software has been designed and produced by Pierre Weis, -research worker for the Institut National de Recherche en Informatique -et en Automatique (INRIA) - Domaine de Voluceau - Rocquencourt - 78153 -Le Chesnay Cedex - France. - -INRIA holds all ownership rights to Htmlc. - -Preamble: - -The software is currently being developed and INRIA desires -that it be used by the scientific community so as to test, evaluate -and develop it. To this end, INRIA has decided to have a prototype of -the software distributed on the Internet. - -a- Extent of the rights granted by the INRIA to the user of the software: - -INRIA freely grants the right to use, modify and integrate the -software in another software, provided that all derivative works are -distributed under the conditions described in point b- below. - -b- Reproduction of the software: - -INRIA grants any user of the software the right to reproduce it so as -to circulate it in accordance with the same purposes and conditions as -those defined at point a- above. Any copy of the software and/or relevant -documentation must comprise reference to the ownership of INRIA and -the present file. - -The user undertakes to distribute the software either as unmodified -source files, identical to those originally made public by INRIA, or as -executable binaries obtained by compiling the original source files. - -Source distribution of derivative works obtained by modifying the -software or integrating it in another software is allowed, only if the -distribution consists of the unmodified, original source files for the -software, along with difference files (patches) to be applied by the -user of the derivative work. - -Binary distribution of derivative works obtained by modifying the -software or integrating it in another software is allowed, only if the -distribution explicitely contains the following sentance - -``Htmlc code is used into this software; htmlc is copyrighted INRIA - and can be downloaded from http://htmlc.inria.fr/.'' - -Typical place for this phrase being the About-dialog and the -documentation of the derivative work. - -As regards any other type of distribution, the user undertakes to -apply to obtain the express approval of INRIA. - -c- Guarantees: - -Please note that the software is a product currently being developed. -INRIA shall not be responsible in any way concerning conformity, and in -particular shall not be liable should the software not comply with the -requirements of the user, INRIA not being obliged to repair any -possible direct or indirect damage. - -d- Distribution of files generated by Htmlc: - -INRIA freely grants the right to distribute the files generated -by Htmlc. diff --git a/licenses/jlex b/licenses/jlex deleted file mode 100644 index d780bcfd8124..000000000000 --- a/licenses/jlex +++ /dev/null @@ -1,17 +0,0 @@ -Permission to use, copy, modify, and distribute this software and its documentation for any -purpose and without fee is hereby granted, provided that the above copyright notice appear in -all copies and that both the copyright notice and this permission notice and warranty -disclaimer appear in supporting documentation, and that the name of the authors or their -employers not be used in advertising or publicity pertaining to distribution of the software -without specific, written prior permission. - - -The authors and their employers disclaim all warranties with regard to this software, -including all implied warranties of merchantability and fitness. In no event shall the authors -or their employers be liable for any special, indirect or consequential damages or any damages -whatsoever resulting from loss of use, data or profits, whether in an action of contract, -negligence or other tortious action, arising out of or in connection with the use or -performance of this software. - -Java is a trademark of Sun Microsystems, Inc. References to the Java programming language in -relation to JLex are not meant to imply that Sun endorses this product. diff --git a/licenses/molscript b/licenses/molscript deleted file mode 100644 index 40dd71ca8c9d..000000000000 --- a/licenses/molscript +++ /dev/null @@ -1,25 +0,0 @@ -MolScript v2.1: Academic license -This is a license for MolScript, academic software version 2.1 (copyright © 1997-1998 Per J. Kraulis), a program for creating images of molecular structures. - -This license is to be signed by you (hereinafter referred to as the "LICENSEE"), and submitted to Avatar Software AB (hereinafter referred to as the "LICENSOR"). The computer program, including source code and documentation, as well as any modifications or derivative works made by the LICENSEE, are hereinafter referred to collectively as the "SOFTWARE". - -Terms -1. A non-exclusive, non-transferable license is granted to the LICENSEE to install and use the SOFTWARE on an appropriate computer system or systems located at LICENSEE's institution to which the LICENSEE has authorized access. Use of the SOFTWARE is restricted to LICENSEE and collaborators at his institution who have agreed to accept the terms of this license. - -2. The LICENSOR retains ownership of the SOFTWARE delivered to LICENSEE. Any modifications or derivative works based on the SOFTWARE are considered part of the SOFTWARE and ownership thereof is retained by the LICENSOR, and are to be made available to him upon request. - -3. The LICENSEE may make a reasonable number of copies of the SOFTWARE for the purposes of backup, maintenance of the SOFTWARE, or development of derivative works based on the SOFTWARE. These additional copies will carry the copyright notice and will be controlled by this license. - -4. The LICENSEE shall not use SOFTWARE for any purpose (research or otherwise) that is supported by a "for profit" organization without prior written authorization from the LICENSOR. - -5. The LICENSEE shall not disclose in any form either the delivered SOFTWARE or any modifications or derivative works based on the SOFTWARE to third parties without prior written authorization from the LICENSOR. - -6. If the LICENSEE receives a request to furnish all or any portion of the SOFTWARE to any third party, he will not fulfill such a request, and will refer it in writing to the LICENSOR. - -7. The LICENSEE agrees that the SOFTWARE is furnished on an "as is" basis, and that the LICENSOR in no way warrants the SOFTWARE or any of its results and is in no way liable for any use LICENSEE makes of the SOFTWARE. - -8. LICENSEE agrees that any reports or publications of results obtained with the SOFTWARE will acknowledge its use by an appropriate citation. This would refer to the following publication: - - Per J. Kraulis, "MOLSCRIPT: A Program to Produce Both Detailed and Schematic Plots of Protein Structures", Journal of Applied Crystallography (1991) vol 24, pp 946-950. - -9. The terms of this license shall not be limited in time. diff --git a/licenses/selfhtml b/licenses/selfhtml deleted file mode 100644 index 99fece8568c4..000000000000 --- a/licenses/selfhtml +++ /dev/null @@ -1,69 +0,0 @@ -http://selfhtml.teamone.de/editorial/copyright.htm - - -Urheberrecht - -Die Texte von SELFHTML sind durch das Urheberrecht geschützt. Das Verwenden von -Texten aus SELFHTML auf eigenen Webseiten oder in anderen Medien verletzt das -Urheberrecht und wird bei Entdecken zunächst persönlich durch den Autor -abgemahnt (kostenlos). Sollte das nichts bewirken, wird anwaltlich abgemahnt -(kostenpflichtig). Sollte auch das nichts bewirken, werden gerichtliche -Schritte eingeleitet. Da SELFHTML auch als Buch erscheint, entstehen im Falle -von Textklau außerdem Rechtsansprüche des Buchverlags. - -Web-Anwender werden dazu ermutigt, entdeckte Verstöße an die SELFHTML Redaktion -(Mail-Adresse siehe Seitenende) zu melden. 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All Rights Reserved. - -Sun grants you ("Licensee") a non-exclusive, royalty free, license to -use, and redistribute this software graphics artwork, as individual -graphics or as a collection, as part of software code or programs that -you develop, provided that i) this copyright notice and license -accompany the software graphics artwork; and ii) you do not utilize -the software graphics artwork in a manner which is disparaging to Sun. -Unless enforcement is prohibited by applicable law, you may not modify -the graphics, and must use them true to color and unmodified in every -way. - -This software graphics artwork is provided "AS IS," without a warranty -of any kind. ALL EXPRESS OR IMPLIED CONDITIONS, REPRESENTATIONS AND -WARRANTIES, INCLUDING ANY IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS -FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT, ARE HEREBY EXCLUDED. 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("SUN") IS WILLING TO LICENSE THIS SPECIFICATION TO YOU -ONLY UPON THE CONDITION THAT YOU ACCEPT ALL OF THE TERMS CONTAINED IN THIS -AGREEMENT. PLEASE READ THE TERMS AND CONDITIONS OF THIS AGREEMENT CAREFULLY. BY -DOWNLOADING THIS SPECIFICATION, YOU ACCEPT THE TERMS AND CONDITIONS OF THE -AGREEMENT. IF YOU ARE NOT WILLING TO BE BOUND BY IT, SELECT THE "DECLINE" BUTTON -AT THE BOTTOM OF THIS PAGE. - - -Specification: JSR 67 Java APIs for XML Messaging 1.0 ("Specification") - - -Version: 1.3 - - -Status: Final Release - - -Release: 7 April 2006 - - -Copyright 2006 SUN MICROSYSTEMS, INC. - -4150 Network Circle, Santa Clara, California 95054, U.S.A - -All rights reserved. - - -LIMITED LICENSE GRANTS - - -1. License for Evaluation Purposes. 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