| LATTICE SEMICONDUCTOR CORPORATION |
| LatticeMico TM System License Agreement |
| |
| This is a legal agreement between you, the end user, and Lattice Semiconductor |
| Corporation. By proceeding with the installation or use of the Software, you |
| agree to be bound by the terms of this Agreement. If you do not agree to the |
| terms of this Agreement, do not use, download or install the Software, and if you |
| have already obtained the Software from an authorized source, promptly return the |
| media package and all accompanying items (including written materials and |
| binders or other containers) to the place you obtained them for a full refund |
| of any applicable license fees. |
| |
| Lattice Semiconductor Corporation ("Lattice") and the individual or entity |
| acquiring the Software ("Licensee") agree as follows: |
| |
| 1. DEFINITIONS |
| "Software" means the LatticeMico System computer program(s) other than the |
| open source programs identified in Section 11 herein in machine-readable form |
| furnished to Licensee by Lattice, in whatever media and by whatever method, |
| which are enabled for use pursuant to Lattice's software protection mechanism, |
| and for which Licensee has paid any applicable license fees. Software includes |
| any related update or upgrade programs that may be added from time to time. |
| |
| 2. SOFTWARE LICENSE |
| a. Lattice hereby grants to Licensee a non-exclusive, nontransferable license |
| to use the Software for Licensee's internal purposes only on any computer |
| possessed by Licensee on which the Software is designed to operate, such use |
| to be in accordance with and subject to the terms and conditions of this |
| Agreement. |
| |
| b. Pursuant to this Agreement, Licensee may (i) physically transfer any |
| Software from one computer to another provided that the Software is used on |
| only one such computer at a time and (ii) use the Software and any output |
| files generated by the Software for the sole purpose of designing and |
| programming semiconductor components (the "Permitted Use") and (iii) make |
| one (1) copy of the Software for Licensee's own use solely for backup or |
| archive purposes. Licensee may also merge the Software (or a portion thereof) |
| into any other software to form an updated work; provided that, upon |
| termination of Licensee's license, the Software shall be completely removed |
| from the updated work and treated as if permission to merge had never been |
| granted. The use of any portion of the Software included in any such updated |
| work remains at all times subject to the terms and conditions of this Agreement. |
| |
| c. Licensee shall include Lattice's (and Lattice's suppliers', as applicable) |
| copyrights, trademarks, and other proprietary notices on any copies and merged |
| versions of the Software. |
| |
| d. Licensee shall not distribute, copy, transfer, lend, incorporate, modify, |
| or use the Software for any purpose except as expressly provided herein. |
| |
| e. If Licensee fails to comply with the provisions of this Agreement, the |
| License is automatically terminated. |
| |
| f. Except for the rights expressly granted herein to Licensee, the title and |
| all intellectual property rights in and to the Software and any copy of the |
| Software which may be made by Licensee hereunder remain the sole and exclusive |
| property of Lattice and/or Lattice's licensors. |
| |
| 3. LIMITED WARRANTY AND REMEDIES |
| a. Lattice warrants to Licensee that the media containing the Software will |
| be free from defects in materials and workmanship under normal use and service |
| for a period of ninety (90) days from the date of delivery. Lattice further |
| warrants that the Software will substantially conform to Lattice's published |
| specifications for the Software at the time of delivery for a period of ninety |
| (90) days from the date of delivery. |
| |
| b. During the 90-day warranty period, (1) Lattice will replace any Software |
| not meeting the foregoing warranty that is returned to Lattice; or (2) if |
| Lattice is unable to deliver replacement Software which performs substantially |
| in accordance with current program documentation or Software on a media which |
| is free of defects in materials or workmanship, Licensee may terminate this |
| Agreement by returning the Software and any applicable license fee paid by |
| Licensee to Lattice will be refunded. Any replacement Software or media will |
| be warranted for the remainder of the original warranty period or thirty (30) |
| days, whichever is longer. |
| |
| c. Any products which are not returned to Lattice within the warranty period |
| or which have been subject to accident, abuse, misuse, alteration, neglect, or |
| unauthorized repair or installation are not covered by warranty. |
| |
| 4. WARRANTY DISCLAIMER |
| EXCEPT FOR THE ABOVE EXPRESSED LIMITED WARRANTIES, LATTICE MAKES NO WARRANTIES |
| ON THE SOFTWARE, WHETHER EXPRESSED, IMPLIED, STATUTORY, OR IN ANY OTHER |
| PROVISION OF THIS AGREEMENT OR COMMUNICATION WITH LICENSEE, AND LATTICE |
| SPECIFICALLY DISCLAIMS ANY IMPLIED WARRANTY OF MERCHANTABILITY OR FITNESS |
| FOR A PARTICULAR PURPOSE. LATTICE DOES NOT WARRANT THAT THE OPERATION OF |
| THE SOFTWARE BY LICENSEE WILL BE UNINTERRUPTED OR ERROR FREE. LICENSEE |
| ASSUMES RESPONSIBILITY FOR SELECTION OF THE SOFTWARE TO ACHIEVE ITS INTENDED |
| RESULTS, AND FOR THE PROPER INSTALLATION, USE, AND RESULTS OBTAINED FROM THE |
| SOFTWARE. EXCEPT FOR THE ABOVE EXPRESSED LIMITED WARRANTIES, LICENSEE ASSUMES |
| THE ENTIRE RISK OF THE SOFTWARE PROVING DEFECTIVE OR FAILING TO PERFORM |
| PROPERLY AND IN SUCH EVENT, LICENSEE SHALL ASSUME THE ENTIRE COST AND RISK |
| OF ANY REPAIR, SERVICE, CORRECTION, OR ANY OTHER LIABILITIES OR DAMAGES CAUSED |
| BY OR ASSOCIATED WITH THE SOFTWARE. LATTICE'S SOLE LIABILITY, AND LICENSEE'S |
| SOLE REMEDY, IS SET FORTH ABOVE. |
| |
| 5. SOURCE CODE |
| Licensee shall not attempt to reverse translate, decompile or otherwise |
| attempt to derive the source code of the Software. In the event any source |
| code is explicitly licensed to Licensee as part of the Software, such |
| limitation will not apply to such source code. Licensee shall not alter or |
| remove from the Software any copyright, trademark or other proprietary |
| notices of Lattice and/or Lattice's licensors. Any use or attempted use of |
| the Software in violation of the foregoing restrictions is a breach of the |
| Agreement which will cause irreparable harm to Lattice, entitling Lattice to |
| injunctive relief in addition to all legal remedies. |
| |
| 6. LIMITATION OF LIABILITY |
| a. Licensee agrees that Lattice's entire liability to Licensee and Licensee's |
| sole remedy hereunder for any cause whatsoever, regardless of the form of the |
| action, shall be limited to the price paid to Lattice for the Software. |
| |
| b. IN NO EVENT WILL LATTICE OR ANY OF ITS SUPPLIERS BE LIABLE TO LICENSEE |
| OR ANY OTHER PERSON FOR ANY DAMAGES, INCLUDING ANY DIRECT, INDIRECT, |
| INCIDENTAL, CONSEQUENTIAL, OR SPECIAL DAMAGES, INCLUDING EXPENSES, LOST |
| PROFITS, LOST SAVINGS, OR OTHER DAMAGES OF ANY SORT ARISING OUT OF THE USE |
| OF OR INABILITY TO USE THE SOFTWARE, EVEN IF LATTICE HAS BEEN ADVISED OF THE |
| POSSIBILITY OF SUCH DAMAGES. |
| |
| SOME STATES DO NOT ALLOW THE LIMITATION OR EXCLUSION OF INCIDENTAL OR |
| CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATIONS OR EXCLUSIONS MAY NOT |
| APPLY TO YOU. |
| |
| 7. DEFAULT AND TERMINATION |
| This Agreement will continue indefinitely, until and unless terminated; it |
| will terminate automatically in the event Licensee fails to perform any of |
| its obligations hereunder. Licensee may terminate this Agreement at any time |
| by returning to Lattice the original and all copies of the Software or by |
| destroying the Software together with all copies thereof, including all |
| modifications and merged portions in any form. Upon termination of this |
| Agreement for any reason, Licensee shall either return to Lattice the original |
| and all copies of the Software, or, upon Lattice's request, destroy such |
| original and copies and provide Lattice with written certification of their |
| destruction. |
| |
| 8. EXPORT CONTROL |
| Licensee shall not export the Software or the direct product thereof without |
| first obtaining any necessary U.S. or other governmental licenses and |
| approvals. In connection with such export control compliance, Licensee |
| certifies as follows: |
| - that Licensee is not on the Denied Persons List maintained by the U.S. |
| Bureau of Industry and Security; |
| |
| - that Licensee is not on the list of Specially Designated Nationals and |
| Blocked Persons maintained by the U.S. Department of the Treasury; |
| - that Licensee is not a citizen or resident of, or an agent of, Cuba, Iran, |
| Iraq, North Korea, Sudan, or Syria, or any other country to which |
| export of the referenced Software is prohibited; and |
| - that Licensee is legally permitted, under all applicable export and |
| commerce control laws and regulations, to receive the referenced Software. |
| |
| 9. U.S. GOVERNMENT RESTRICTED RIGHTS |
| The Software and any accompanying documentation provided to agencies of the |
| U.S. Government are "commercial computer software" and "commercial computer |
| software documentation" pursuant to DFARS 227.7202 and FAR 12.212, and their |
| successors. All use, reproduction, release, performance, display or disclosure |
| of the Software and related documentation by or for the U.S. Government shall |
| be in strict accordance with the terms and conditions of this Agreement. |
| Contractor/manufacturer is Lattice Semiconductor Corporation, 5555 NE Moore |
| Court, Hillsboro, Oregon 97124 and its licensors. |
| |
| 10. ADDITIONAL TERMS AND CONDITIONS APPLICABLE TO LATTICE PROGRAMMING HARDWARE |
| Lattice programmers, ispDOWNLOADTM cables, and other hardware sold for use in |
| conjunction with Lattice software ("Programming Hardware") are designed and |
| intended for use solely with semiconductor components manufactured by Lattice |
| Semiconductor Corporation. Programming Hardware is warranted to meet Lattice |
| Specifications only for a period of ninety (90) days; in all other respects |
| the terms and conditions of sale of Programming Hardware shall be Lattice's |
| standard terms and conditions set forth in Lattice's Sales Order |
| Acknowledgement. Furthermore, Lattice Specifications for the ispDOWNLOAD |
| cable limit its use to low-volume engineering applications only, and not for |
| volume production use. As with all other Programming Hardware, Lattice shall |
| not be liable for any use of the ispDOWNLOAD cable in production, or use of |
| worn or improperly installed hardware or use with incompatible systems or |
| components. |
| |
| 11. OPEN SOURCE SOFTWARE |
| a. Your use of the Software is governed by the terms of this Agreement. |
| However, certain separate source code modules identified in Section 11(b) |
| and Section 11(c) below that are installed with, but not integrated with, the |
| Software have been provided by third parties. By proceeding with the |
| installation and use of such open source code, you are also agreeing to use |
| this code in accordance with the terms of the agreements under which such |
| code has been licensed. |
| |
| b. Certain open source code is licensed under the Eclipse Public License |
| v. 1.0, a copy of which is attached hereto as Appendix A. |
| |
| c. Certain open source code is licensed pursuant to the terms of the notice |
| attached hereto as Appendix B. |
| |
| d. Certain portion of the Software are licensed under the Mozilla Public License, |
| Version 1.1. pursuant to the terms of the notice attached hereto as Appendix C. |
| |
| 12. OPEN SOURCE LICENSE AGREEMENT FOR OUTPUT FILES GENERATED BY THE |
| LATTICEMICO SYSTEM |
| By proceeding with the installation and use of the LatticeMico System, you |
| are agreeing to use the output files generated by it in accordance with the |
| terms of the Lattice Semiconductor Corporation Open Source License Agreement, |
| a copy of which is attached hereto as Appendix D. |
| |
| 13. INFORMATION REGARDING PERSONAL DATA |
| If you downloaded this Software from our website, we have collected |
| information about you, including your name and contact information, from the |
| information you provided when you registered to use the website. |
| |
| If you acquired the Software from a source other than our website, we will ask |
| you for certain information, including your name and contact information, as |
| part of the installation procedure. |
| |
| Some of our Software comes bundled with software from third party providers, |
| including Aldec, Inc. and Synopsys, Inc. If you obtain a |
| license key from us for such Software, we will provide your name, corporate |
| affiliation, address, phone number, fax number, and email address, along with |
| information about the software version you have chosen, to the appropriate |
| third party provider. |
| |
| 14. GENERAL |
| THIS AGREEMENT WILL BE GOVERNED BY THE LAWS OF THE STATE OF OREGON, WITHOUT |
| REGARD TO ITS CONFLICT OF LAWS PROVISIONS. |
| |
| The prevailing party in any legal action or arbitration arising out of this |
| Agreement shall be entitled to reimbursement for reasonable attorneys' fees |
| and expenses, in addition to any other rights and remedies such party may have. |
| |
| Lattice reserves the right in its sole discretion to discontinue third party |
| software tools that come bundled with the Software at any time. |
| |
| Licensee may not sublicense, assign, or transfer this license or the Software. |
| Any attempted assignment, transfer or sublicense by Licensee in violation of |
| this provision shall be void. Subject to the foregoing, this Agreement shall |
| be binding upon and inure to the benefit of the successors and permitted |
| assigns of the parties. |
| |
| This Agreement is the entire agreement between the parties with respect to use |
| of the Software and supersedes any other communications or prior agreements, |
| oral or written, regarding the Software. |
| |
| If any provision of this Agreement is held invalid, the remainder of the |
| Agreement shall continue in full force and effect. |
| |
| Please direct all inquiries, in writing, to Lattice Semiconductor Corporation, |
| 5555 N.E. Moore Court, Hillsboro, Oregon 97124. |
| |
| (c)2006-2011 Lattice Semiconductor Corporation. All rights reserved. |
| |
| Intellectual Property Notice |
| |
| The software governed by this License Agreement is: |
| |
| Copyright (c), 2006-2011, Lattice Semiconductor Corporation, All Rights Reserved |
| |
| |
| |
| |
| APPENDIX A |
| |
| Eclipse Public License v 1.0 |
| |
| THE ACCOMPANYING PROGRAM IS PROVIDED UNDER THE TERMS OF THIS ECLIPSE PUBLIC |
| LICENSE ("AGREEMENT"). ANY USE, REPRODUCTION OR DISTRIBUTION OF THE PROGRAM |
| CONSTITUTES RECIPIENT'S ACCEPTANCE OF THIS AGREEMENT. |
| |
| 1. DEFINITIONS |
| |
| "Contribution" means: |
| |
| a) in the case of the initial Contributor, the initial code and documentation |
| distributed under this Agreement, and |
| |
| b) in the case of each subsequent Contributor: i) changes to the Program, and |
| ii) additions to the Program; where such changes and/or additions to the |
| Program originate from and are distributed by that particular Contributor. |
| A Contribution 'originates' from a Contributor if it was added to the Program |
| by such Contributor itself or anyone acting on such Contributor's behalf. |
| Contributions do not include additions to the Program which: (i) are separate |
| modules of software distributed in conjunction with the Program under their |
| own license agreement, and (ii) are not derivative works of the Program. |
| |
| "Contributor" means any person or entity that distributes the Program. |
| |
| "Licensed Patents" mean patent claims licensable by a Contributor which are |
| necessarily infringed by the use or sale of its Contribution alone or when |
| combined with the Program. |
| |
| "Program" means the Contributions distributed in accordance with this |
| Agreement. |
| |
| "Recipient" means anyone who receives the Program under this Agreement, |
| including all Contributors. |
| |
| 2. GRANT OF RIGHTS |
| |
| a) Subject to the terms of this Agreement, each Contributor hereby grants |
| Recipient a non-exclusive, worldwide, royalty-free copyright license to |
| reproduce, prepare derivative works of, publicly display, publicly perform, |
| distribute and sublicense the Contribution of such Contributor, if any, and |
| such derivative works, in source code and object code form. |
| |
| b) Subject to the terms of this Agreement, each Contributor hereby grants |
| Recipient a non-exclusive, worldwide, royalty-free patent license under |
| Licensed Patents to make, use, sell, offer to sell, import and otherwise |
| transfer the Contribution of such Contributor, if any, in source code and |
| object code form. This patent license shall apply to the combination of the |
| Contribution and the Program if, at the time the Contribution is added by the |
| Contributor, such addition of the Contribution causes such combination to be |
| covered by the Licensed Patents. The patent license shall not apply to any |
| other combinations which include the Contribution. No hardware per se is |
| licensed hereunder. |
| |
| c) Recipient understands that although each Contributor grants the licenses |
| to its Contributions set forth herein, no assurances are provided by any |
| Contributor that the Program does not infringe the patent or other |
| intellectual property rights of any other entity. Each Contributor disclaims |
| any liability to Recipient for claims brought by any other entity based on |
| infringement of intellectual property rights or otherwise. As a condition to |
| exercising the rights and licenses granted hereunder, each Recipient hereby |
| assumes sole responsibility to secure any other intellectual property rights |
| needed, if any. For example, if a third party patent license is required to |
| allow Recipient to distribute the Program, it is Recipient's responsibility to |
| acquire that license before distributing the Program. |
| |
| d) Each Contributor represents that to its knowledge it has sufficient |
| copyright rights in its Contribution, if any, to grant the copyright license |
| set forth in this Agreement. |
| |
| 3. REQUIREMENTS |
| |
| A Contributor may choose to distribute the Program in object code form under |
| its own license agreement, provided that: |
| a) it complies with the terms and conditions of this Agreement; and |
| b) its 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 Program 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. |
| When the Program is made 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 Program. |
| Contributors may not remove or alter any copyright notices contained within |
| the Program. |
| Each Contributor must identify itself as the originator of its Contribution, |
| if any, in a manner that reasonably allows subsequent Recipients to identify |
| the originator of the Contribution. |
| |
| 4. COMMERCIAL DISTRIBUTION |
| |
| Commercial distributors of software may accept certain responsibilities with |
| respect to end users, business partners and the like. While this license is |
| intended to facilitate the commercial use of the Program, the Contributor |
| who includes the Program in a commercial product offering should do so in a |
| manner which does not create potential liability for other Contributors. |
| Therefore, if a Contributor includes the Program in a commercial product |
| offering, such Contributor ("Commercial Contributor") hereby agrees to defend |
| and indemnify every other Contributor ("Indemnified Contributor") against any |
| losses, damages and costs (collectively "Losses") arising from claims, |
| lawsuits and other legal actions brought by a third party against the |
| Indemnified Contributor to the extent caused by the acts or omissions of such |
| Commercial Contributor in connection with its distribution of the Program in a |
| commercial product offering. The obligations in this section do not apply to |
| any claims or Losses relating to any actual or alleged intellectual property |
| infringement. In order to qualify, an Indemnified Contributor must: a) |
| promptly notify the Commercial Contributor in writing of such claim, and b) |
| allow the Commercial Contributor to control, and cooperate with the Commercial |
| Contributor in, the defense and any related settlement negotiations. The |
| Indemnified Contributor may participate in any such claim at its own expense. |
| |
| For example, a Contributor might include the Program in a commercial product |
| offering, Product X. That Contributor is then a Commercial Contributor. If |
| that Commercial Contributor then makes performance claims, or offers |
| warranties related to Product X, those performance claims and warranties are |
| such Commercial Contributor's responsibility alone. Under this section, the |
| Commercial Contributor would have to defend claims against the other |
| Contributors related to those performance claims and warranties, and if a |
| court requires any other Contributor to pay any damages as a result, the |
| Commercial Contributor must pay those damages. |
| |
| 5. NO WARRANTY |
| |
| EXCEPT AS EXPRESSLY SET FORTH IN THIS AGREEMENT, THE PROGRAM IS PROVIDED ON |
| AN "AS IS" BASIS, WITHOUT WARRANTIES OR CONDITIONS OF ANY KIND, EITHER EXPRESS |
| OR IMPLIED INCLUDING, WITHOUT LIMITATION, ANY WARRANTIES OR CONDITIONS OF |
| TITLE, NON-INFRINGEMENT, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. |
| |
| Each Recipient is solely responsible for determining the appropriateness of |
| using and distributing the Program and assumes all risks associated with its |
| exercise of rights under this Agreement , including but not limited to the |
| risks and costs of program errors, compliance with applicable laws, damage to |
| or loss of data, programs or equipment, and unavailability or interruption of |
| operations. |
| |
| 6. DISCLAIMER OF LIABILITY |
| |
| EXCEPT AS EXPRESSLY SET FORTH IN THIS AGREEMENT, NEITHER RECIPIENT NOR ANY |
| CONTRIBUTORS SHALL HAVE ANY LIABILITY FOR ANY DIRECT, INDIRECT, INCIDENTAL, |
| SPECIAL, EXEMPLARY, OR CONSEQUENTIAL DAMAGES (INCLUDING WITHOUT LIMITATION |
| LOST PROFITS), HOWEVER CAUSED AND ON ANY THEORY OF LIABILITY, WHETHER IN |
| CONTRACT, STRICT LIABILITY, OR TORT (INCLUDING NEGLIGENCE OR OTHERWISE) |
| ARISING IN ANY WAY OUT OF THE USE OR DISTRIBUTION OF THE PROGRAM OR THE |
| EXERCISE OF ANY RIGHTS GRANTED HEREUNDER, EVEN IF ADVISED OF THE POSSIBILITY |
| OF SUCH DAMAGES. |
| |
| 7. GENERAL |
| |
| If any provision of this Agreement is invalid or unenforceable under |
| applicable law, it shall not affect the validity or enforceability of the |
| remainder of the terms of this Agreement, and without further action by the |
| parties hereto, such provision shall be reformed to the minimum extent |
| necessary to make such provision valid and enforceable. |
| |
| If Recipient institutes patent litigation against any entity (including a |
| cross-claim or counterclaim in a lawsuit) alleging that the Program itself |
| (excluding combinations of the Program with other software or hardware) |
| infringes such Recipient's patent(s), then such Recipient's rights granted |
| under Section 2(b) shall terminate as of the date such litigation is filed. |
| |
| All Recipient's rights under this Agreement shall terminate if it fails to |
| comply with any of the material terms or conditions of this Agreement and |
| does not cure such failure in a reasonable period of time after becoming |
| aware of such noncompliance. If all Recipient's rights under this Agreement |
| terminate, Recipient agrees to cease use and distribution of the Program as |
| soon as reasonably practicable. However, Recipient's obligations under this |
| Agreement and any licenses granted by Recipient relating to the Program shall |
| continue and survive. |
| |
| Everyone is permitted to copy and distribute copies of this Agreement, but in |
| order to avoid inconsistency the Agreement is copyrighted and may only be |
| modified in the following manner. The Agreement Steward reserves the right |
| to publish new versions (including revisions) of this Agreement from time to |
| time. No one other than the Agreement Steward has the right to modify this |
| Agreement. The Eclipse Foundation is the initial Agreement Steward. The |
| Eclipse Foundation may assign the responsibility to serve as the Agreement |
| Steward to a suitable separate entity. Each new version of the Agreement will |
| be given a distinguishing version number. The Program (including |
| Contributions) may always be distributed subject to the version of the |
| Agreement under which it was received. In addition, after a new version of the |
| Agreement is published, Contributor may elect to distribute the Program |
| (including its Contributions) under the new version. Except as expressly |
| stated in Sections 2(a) and 2(b) above, Recipient receives no rights or |
| licenses to the intellectual property of any Contributor under this Agreement, |
| whether expressly, by implication, estoppel or otherwise. All rights in the |
| Program not expressly granted under this Agreement are reserved. |
| |
| This Agreement is governed by the laws of the State of New York and the |
| intellectual property laws of the United States of America. No party to this |
| Agreement will bring a legal action under this Agreement more than one year |
| after the cause of action arose. Each party waives its rights to a jury trial |
| in any resulting litigation. |
| |
| |
| APPENDIX B |
| |
| Copyright (C) 2001 Richard Herveille |
| richard@asics.ws |
| |
| This source file may be used and distributed without restriction provided that |
| this copyright statement is not removed from the file and that any derivative |
| work contains the original copyright notice and the associated disclaimer. |
| |
| THIS SOFTWARE IS PROVIDED "AS IS" AND WITHOUT ANY EXPRESS OR IMPLIED |
| WARRANTIES, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF |
| MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. IN NO EVENT SHALL |
| THE AUTHOR OR 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. |
| |
| |
| APPENDIX C |
| |
| The following terms only apply to the executable code version of the SeaMonkey |
| program made available with the Software ("the Product"): |
| |
| The Product is subject to the Mozilla Public License, Version 1.1 (the "License"); |
| you may not use the Product except in compliance with this License. You may |
| obtain a copy of the License at http://www.mozilla.org/MPL/ |
| |
| The Product distributed under this license is distributed on an "AS IS" basis, |
| WITHOUT WARRANTY OF ANY KIND, either express or implied. See the License for |
| specific language governing rights and limitations under the License. |
| |
| A source code version of the SeaMonkey program is available to you from: |
| http://www.seamonkey-project.org/releases/1.0.1 |
| |
| |
| APPENDIX D |
| |
| LATTICE SEMICONDUCTOR CORPORATION OPEN SOURCE LICENSE AGREEMENT |
| |
| This is a legal agreement between You (Licensee, either a company or an |
| individual), and Lattice Semiconductor Corporation, the Provider (Licensor) |
| of the Software. If a component covered by this Agreement can be |
| included in the output files generated by the Provider's LatticeMico |
| System or any other Provider source code generation tool, then Software |
| refers to such output files that includes that component. Otherwise, |
| Software refers to the component on a standalone basis. By |
| proceeding with the installation, modification, use or distribution in whole |
| or in part of Software that identifies itself as licensed under the Lattice |
| Semiconductor Corporation Open Source License Agreement, You agree to be |
| bound by the terms of this Agreement. If You do not agree to the terms of this |
| Agreement, You are not permitted to use, modify or distribute the Software. |
| |
| 1. The Provider grants to You a personal, non-exclusive right to use and |
| distribute the source code of the Software provided that: |
| - You make distributions free of charge under these license terms |
| - You ensure that the original copyright notices and limitations of liability |
| and warranty sections remain intact. |
| |
| 2. The Provider grants to You a personal, non-exclusive right to modify the |
| source code of the Software and incorporate it with other source code to |
| create a Derivative Work (as defined below). At Your discretion, You may |
| distribute this Derivative Work under terms of Your choosing provided: |
| - You arrange Your design such that the Derivative Work is an identifiable |
| module within Your overall design. |
| - You distribute the source code associated with the modules containing the |
| Derivative Work in a customarily accepted machine-readable format, free of |
| charge under a license agreement that contains these license terms. |
| - You ensure that the original copyright notices and limitations of liability |
| and warranty sections remain intact. |
| - You clearly identify areas of the source code that You have modified. |
| |
| "Derivative Work" means a version of the Software in source code form that |
| contains modifications or additions to the original source code and includes all |
| Software files used to implement Your design. Derivative Work does not include |
| identifiable modules within Your design that are not derived from the Software |
| and that can be reasonably considered independent and separate modules from |
| the Software. |
| |
| 3. The Provider grants to You a personal, non-exclusive right to use object |
| code created from the Software or a Derivative Work to physically implement |
| the design in devices such as a programmable logic devices or application |
| specific integrated circuits. You may distribute these devices without |
| accompanying them with a copy of this license or source code. |
| |
| 4. This Software is provided free of charge. IN NO EVENT WILL THE PROVIDER |
| OR ANY OF ITS SUPPLIERS BE LIABLE TO YOU OR ANY OTHER PERSON FOR ANY |
| DAMAGES, INCLUDING ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, OR |
| SPECIAL DAMAGES, WHETHER CHARACTERIZED AS EXPENSES, LOST PROFITS, LOST |
| SAVINGS, OR OTHER DAMAGES OF ANY SORT, ARISING OUT OF THE USE OF OR INABILITY |
| TO USE THE SOFTWARE, EVEN IF THE PROVIDER HAS BEEN ADVISED OF THE POSSIBILITY |
| OF SUCH DAMAGES. |
| |
| 5. THE PROVIDER MAKES NO WARRANTIES WITH RESPECT TO THE SOFTWARE, WHETHER |
| EXPRESSED, IMPLIED, STATUTORY, OR IN ANY OTHER PROVISION OF THIS AGREEMENT OR |
| COMMUNICATION WITH YOU, AND THE PROVIDER SPECIFICALLY DISCLAIMS ANY IMPLIED |
| WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE OR |
| NON-INFRINGEMENT OF THIRD PARTY RIGHTS. THE PROVIDER DOES NOT WARRANT THAT USE |
| OF THE SOFTWARE WILL BE UNINTERRUPTED OR ERROR FREE. YOU ASSUME RESPONSIBILITY |
| FOR SELECTION OF THE SOFTWARE TO ACHIEVE ITS INTENDED RESULTS AND FOR THE |
| PROPER INSTALLATION, USE, AND RESULTS OBTAINED FROM THE SOFTWARE. YOU ASSUME |
| THE ENTIRE RISK OF THE SOFTWARE PROVING DEFECTIVE OR FAILING TO PERFORM |
| PROPERLY, AND IN SUCH EVENT, YOU ASSUME THE ENTIRE COST AND RISK OF ANY |
| REPAIR, SERVICE, CORRECTION, OR ANY OTHER LIABILITIES OR DAMAGES CAUSED BY OR |
| ASSOCIATED WITH THE SOFTWARE. THE SOLE LIABILITIES AND REMEDIES ASSOCIATED |
| WITH THE SOFTWARE ARE SET FORTH ABOVE. |
| |
| 6. Export Control. You agree that neither the Software nor any Derivative |
| Work will be exported, directly or indirectly, into any country or to any |
| person or entity, in violation of laws or regulations of the United States |
| government. This Agreement will be governed by the substantive laws of the |
| State of Oregon, USA. |
| |
| 7. Default and Termination. This Agreement will continue indefinitely, until |
| and unless terminated. You may terminate this Agreement by destroying all |
| copies of the materials to which this Agreement applies. The Agreement will |
| terminate automatically if due to any event, including court judgment, You |
| fail to perform any of Your obligations hereunder. In the event of termination, |
| others that have received software from You under the terms of this Agreement |
| may continue to use it provided they remain in compliance with the terms of |
| this Agreement. |
| |
| 8. Your use of this Software is governed by this Lattice Semiconductor |
| Corporation Open Source License Agreement. However, depending on your design, |
| the output files generated by the LatticeMico System or by any |
| other Provider source code generation tool may contain open |
| source code provided by a third party. Specifically, the output files may |
| contain open source code that is licensed pursuant to the terms attached to |
| the Lattice Semiconductor Corporation LatticeMico System License Agreement |
| as Appendix B. By agreeing to the terms of this Lattice Semiconductor |
| Corporation Open Source License Agreement, you are also agreeing to use such |
| code in accordance with the terms of the agreement under which such code has |
| been licensed, if applicable. |
| |
| 9. From time to time Lattice Semiconductor Corporation may issue revised |
| versions of the Lattice Semiconductor Open Source License Agreement. |
| Revisions will follow the spirit of this version but will contain adjustments |
| and clarifications to address issues and concerns of Lattice and the user |
| community. |
| |
| 10. Any conflict between the terms of this Agreement and the licensing terms |
| included in the header files provided with the Software will be resolved in |
| favor of this Agreement. |
| |
| (c)2006-2011 Lattice Semiconductor Corporation. You may freely distribute |
| the text of this Agreement provided you include this copyright notice. |
| However, modifications to the substantive terms herein are not permitted. |