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Gentoo's Bugzilla – Attachment 37735 Details for
Bug 60901
New ebuild for app-sci/synplify-7.6.1
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Synplicity license
synplicity (text/plain), 16.30 KB, created by
Michael Hordijk
on 2004-08-19 07:55:31 UTC
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Description:
Synplicity license
Filename:
MIME Type:
Creator:
Michael Hordijk
Created:
2004-08-19 07:55:31 UTC
Size:
16.30 KB
patch
obsolete
>Synplicity Software License Agreement >-------------------------------------------------------------------------------- > >BY INDICATING YOUR ACCEPTANCE OF THE TERMS OF THIS >AGREEMENT, YOU ARE REPRESENTING THAT YOU HAVE THE RIGHT >AND AUTHORITY TO LEGALLY BIND YOURSELF OR YOUR COMPANY, AS >APPLICABLE, AND CONSENTING TO BE LEGALLY BOUND BY ALL OF THE >TERMS OF THIS AGREEMENT. IF YOU DO NOT AGREE TO ALL THESE >TERMS DO NOT INSTALL OR USE THE SOFTWARE, AND RETURN THE >SOFTWARE TO THE LOCATION OF PURCHASE FOR A REFUND. >This is a legal agreement governing use of the software program ("SOFTWARE") >provided to you ("Licensee") by Synplicity. The term "SOFTWARE" also >includes related documentation (whether in print or electronic form) and any >updates or upgrades of the SOFTWARE provided by Synplicity, but does not >include certain software licensed by third party licensors and made available >to you by Synplicity under the terms of such third party licensor's license >(including software licensed under the General Public License (GPL)). If >Licensee is a participant in the University Program or has been granted an >Evaluation License, then some of the following terms and conditions may not >apply (refer to the sections entitled, respectively, Evaluation License and >University Program, below). > >Evaluation License >If Licensee has obtained the SOFTWARE pursuant to an evaluation license, >then, in addition to all other terms and conditions, the following restrictions >apply: (a) The license to the SOFTWARE terminates after 20 days (unless >otherwise agreed to in writing by Synplicity); and (b) Licensee may use the >SOFTWARE only for the sole purpose of internal testing and evaluation to >determine whether Licensee wishes to license the SOFTWARE on a commercial >basis. Licensee shall not use the SOFTWARE to design any integrated >circuits for production or pre-production purposes or any other commercial use >including, but not limited to, for the benefit of Licensee's customers. If >Licensee breaches any of the foregoing restrictions, then Licensee shall pay >to Synplicity a license fee equal to Synplicity's standard license fee for >the commercial version of the SOFTWARE. > >License >Synplicity grants to Licensee a non-exclusive right to install the SOFTWARE and >to use or authorize use of the SOFTWARE by up to the number of nodes for >which Licensee has a license and for which Licensee has the security key(s) or >authorization code(s) provided by Synplicity or its agents. If Licensee has >obtained the SOFTWARE under a node-locked license, then a "node" refers to a >specific machine, and the SOFTWARE may be installed only on the number of >"nodes" or machines authorized, must be used only on the machine(s) on which it >is installed, and may be accessed only by users who are physically present at >that node or machine. A node-locked license may only be used by one user at a >time running one instance of the software at a time. If Licensee has obtained >the SOFTWARE under a "floating" license, then a "node" refers to a concurrent >user or session, and the SOFTWARE may be used concurrently by up to the >number of users or sessions indicated. All SOFTWARE must be used within the >country for which the systems were licensed and at Licensee's Site (contained >within a one kilometer radius); however, if Licensee has a floating license then >remote use is permitted by employees who work at the site but are temporarily >telecommuting to that same site from less than 50 miles away (for example, an >employee who works at a home office on occasion), but the maximum number of >concurrent sessions or nodes still applies. In addition, Synplicity grants to >Licensee a non-exclusive license to copy and distribute internally the >documentation portion of the SOFTWARE in support of its license to use the >program portion of the SOFTWARE. For purposes of this Agreement the >"Licensee's Site" means the location of the server on which the SOFTWARE >resides, or when a server is not required, the location of the client computer >for which the license was issued. > >Copy Restrictions >This SOFTWARE is protected by United States copyright laws and international >treaty provisions and Licensee may copy the SOFTWARE only as follows: >(i) to directly support authorized use under the license, and (ii) in order to >make a copy of the SOFTWARE for backup purposes. Copies must include all >copyright and trademark notices. > >Use Restrictions >This SOFTWARE is licensed to Licensee for internal use only. Licensee shall not >(and shall not allow any third party to): (i) decompile, disassemble, reverse >engineer or attempt to reconstruct, identify or discover any source code, >underlying ideas, underlying user interface techniques or algorithms of the >SOFTWARE by any means whatever, or disclose any of the foregoing; (ii) provide, >lease, lend, or use the SOFTWARE for timesharing or service bureau purposes, >on an application service provider basis, or otherwise circumvent the internal >use restrictions; (iii) modify, incorporate into or with other software, or >create a derivative work of any part of the SOFTWARE; (iv) disclose the >results of any benchmarking of the SOFTWARE, or use such results for its >own competing software development activities, without the prior written >permission of Synplicity; or (v) attempt to circumvent any user limits, maximum >gate count limits or other license, timing or use restrictions that are built >into the SOFTWARE. > >Transfer Restrictions/No Assignment >The SOFTWARE may only be used under this license at the designated locations >and designated equipment as set forth in the license grant above, and may not >be moved to other locations or equipment or otherwise transferred without the >prior written consent of Synplicity. Any permitted transfer of the SOFTWARE >will require that Licensee executes a "Software Authorization Transfer >Agreement" provided by Synplicity. Further, Licensee shall not sublicense, or >assign this Agreement or any of the rights or licenses granted under this >Agreement, without the prior written consent of Synplicity. > >Security >Licensee agrees to take all appropriate measures to safeguard the SOFTWARE >and prevent unauthorized access or use thereof, including without limitation: >(i) implementation of firewalls and other security applications, (ii) use of >FLEXlm options file that restricts access to the SOFTWARE to identified users; >(iii) maintaining and storing license information in paper format only; (iv) >changing TCP port numbers every three (3) months; and (v) communicating to all >authorized users that use of the SOFTWARE is subject to the restrictions set >forth in this Agreement. > >Ownership of the SOFTWARE >Synplicity retains all right, title, and interest in the SOFTWARE >(including all copies), and all worldwide intellectual property rights therein. >Synplicity reserves all rights not expressly granted to Licensee. This License >is not a sale of the original SOFTWARE or of any copy. > >Ownership of Design Techniques >"Design" means the representation of an electronic circuit or device(s), derived >or created by Licensee through the use of the SOFTWARE in its various formats, >including, but not limited to, equations, truth tables, schematic diagrams, >textual descriptions, hardware description languages, and netlists. "Design >Techniques" means the data, circuit and logic elements, libraries, algorithms, >search strategies, rule bases, and technical information incorporated in the >SOFTWARE and employed in the process of creating Designs. Synplicity retains >all right, title and interest in and to Design Techniques incorporated into the >SOFTWARE, including all intellectual property rights embodied therein. >Licensee acknowledges that Synplicity has an unrestricted, royalty-free right to >incorporate any Design Techniques disclosed by Licensee into its software, >documentation and other products, and to sublicense third parties to use those >incorporated design techniques. > >Termination >Synplicity may terminate this Agreement immediately if Licensee breaches any >provision, including without limitation, failure by Licensee to implement the >Security measures set forth above. Upon notice of termination by Synplicity, all >rights granted to Licensee under this Agreement will immediately terminate, and >Licensee shall cease using the SOFTWARE and return or destroy all copies (and >partial copies) of the SOFTWARE and documentation. > >Limited Warranty and Disclaimer >Synplicity warrants that the program portion of the SOFTWARE will perform >substantially in accordance with the accompanying documentation for a period of >90 days from the date of receipt. Synplicity's entire liability and Licensee's >exclusive remedy for a breach of the preceding limited warranty shall be, at >Synplicity's option, either (a) return of the license fee, or (b) providing a >fix, patch, work-around, or replacement of the SOFTWARE that does not meet >such limited warranty. In either case, Licensee must return the SOFTWARE to >Synplicity with a copy of the purchase receipt or similar document. Replacements >are warranted for the remainder of the original warranty period or 30 days, >whichever is longer. Some states/jurisdictions do not allow limitations, so the >above limitation may not apply. EXCEPT AS EXPRESSLY SET FORTH ABOVE, >NO OTHER WARRANTIES OR CONDITIONS, EITHER EXPRESS, IMPLIED, >STATUTORY OR OTHERWISE, ARE MADE BY SYNPLICITY OR ITS >LICENSORS WITH RESPECT TO THE SOFTWARE AND THE >ACCOMPANYING DOCUMENTATION, AND SYNPLICITY EXPRESSLY >DISCLAIMS ALL WARRANTIES AND CONDITIONS NOT EXPRESSLY >STATED HEREIN, INCLUDING BUT NOT LIMITED TO THE IMPLIED >WARRANTIES OR CONDITIONS OF MERCHANTABILITY, >NONINFRINGEMENT, AND FITNESS FOR A PARTICULAR PURPOSE. >SYNPLICITY AND ITS LICENSORS DO NOT WARRANT THAT THE >FUNCTIONS CONTAINED IN THE SOFTWARE WILL MEET LICENSEE'S >REQUIREMENTS, BE UNINTERRUPTED OR ERROR FREE, OR THAT ALL >DEFECTS IN THE PROGRAM WILL BE CORRECTED. Licensee assumes the >entire risk as to the results and performance of the SOFTWARE. Some >states/jurisdictions do not allow the exclusion of implied warranties, so the >above exclusion may not apply. > >Limitation of Liability >IN NO EVENT SHALL SYNPLICITY OR ITS LICENSORS OR THEIR >AGENTS BE LIABLE FOR ANY INDIRECT, SPECIAL, CONSEQUENTIAL OR >INCIDENTAL DAMAGES WHATSOEVER (INCLUDING, WITHOUT >LIMITATION, DAMAGES FOR LOSS OF BUSINESS PROFITS, BUSINESS >INTERRUPTIONS, LOSS OF BUSINESS INFORMATION, OR OTHER >PECUNIARY LOSS) ARISING OUT OF THE USE OF OR INABILITY TO USE >THE SOFTWARE, EVEN IF SYNPLICITY AND/OR ITS LICENSORS HAVE >BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. FURTHER, IN >NO EVENT SHALL SYNPLICITY'S LICENSORS BE LIABLE FOR ANY DIRECT >DAMAGES ARISING OUT OF LICENSEE'S USE OF THE SOFTWARE. >In no event will Synplicity or its licensors be liable to Licensee for damages >in an amount greater than the fees paid for the use of the SOFTWARE. >Some states/jurisdictions do not allow the limitation or exclusion of incidental >or consequential damages, so the above limitations or exclusions may not apply. > >Intellectual Property Right Infringement >If a claim alleging infringement of an intellectual property right arises >concerning the SOFTWARE (including but not limited to patent, trade secret, >copyright or trademark rights), Synplicity in its sole discretion may elect to >defend or settle such claim, and/or terminate this Agreement and all rights to >use the SOFTWARE, and require the return or destruction of the SOFTWARE, >with a refund of the fees paid for use of the SOFTWARE less a reasonable >allowance for use and shipping. > >Export >Licensee warrants that it is not prohibited from receiving the SOFTWARE under >U.S. export laws; that it is not a national of a country subject to U.S. trade >sanctions; that it will not use the SOFTWARE in a location that is the subject >of U.S. trade sanctions that would cover the SOFTWARE; and that to its >knowledge it is not on the U.S. Department of Commerce's table of deny orders or >otherwise prohibited from obtaining goods of this sort from the United States. > >Miscellaneous >This Agreement is the entire agreement between Licensee and Synplicity with >respect to the license to the SOFTWARE, and supersedes any previous oral >or written communications or documents (including, if you are obtaining an >update, any agreement that may have been included with the initial version of >the SOFTWARE). This Agreement is governed by the laws of the State of >California, USA excluding its conflicts of laws principals. This Agreement will >not be governed by the U. N. Convention on Contracts for the International Sale >of Goods and will not be governed by any statute based on or derived from the >Uniform Computer Information Transactions Act (UCITA). If any provision, or >portion thereof, of this Agreement is found to be invalid or unenforceable, it >will be enforced to the extent permissible and the remainder of this Agreement >will remain in full force and effect. Failure to prosecute a party's rights with >respect to a default hereunder will not constitute a waiver of the right to >enforce rights with respect to the same or any other breach. > >Government Users >The Software contains commercial computer software and commercial computer >software documentation. In accordance with FAR 12.212 and DFARS 227.7202, >use, duplication or disclosure is subject to restrictions under >paragraph (c)(1)(ii) of the Rights in Technical Data and Computer Software >clause at 252.227-7013, and further restricted by this Agreement. Synplicity, >Inc., 600 W. California Avenue, Sunnyvale, CA 94086, U. S. A. > >University Program >The following section applies only if Licensee is a participant in Synplicity's >University Program; it does not replace the remainder of the Agreement and >supersedes only those terms that directly conflict. > >University Program: License >Subject to the terms and conditions of this Agreement, Synplicity hereby grants >to Licensee (a University) for the License Term (defined below), a non-exclusive >license, only for purposes of course work or teaching in connection with a >university-sponsored class, or for academic research either sponsored by or >conducted under the auspices of Licensee, to (a) install and use the SOFTWARE, >and (b) reproduce and distribute copies of the documentation included in the >SOFTWARE subject only to payment for those copies (which may be based on >the number of users, the number and type of copies, or both). If the SOFTWARE >is licensed pursuant to a node-locked license, then the Licensee may install and >use the SOFTWARE on the authorized workstations. If the SOFTWARE is >licensed pursuant to a floating license, then the Licensee may install the >SOFTWARE on the authorized server and use the SOFTWARE on up to the >number of nodes for which Licensee has paid license fees and Synplicity has >granted authorization. > >University Program: License Term and Termination >For purposes of the University Program, "License Term" means one year unless >otherwise agreed to in writing. This Agreement will terminate at the end of the >License Term, unless earlier terminated in accordance with this Agreement. > >University Program: License Restrictions >As Licensee, University may not (i) allow access to the SOFTWARE by any user >not registered for a course or participating in an academic research project for >which use of the SOFTWARE has been authorized; (ii) use the SOFTWARE to >design any commercial products; or (iii) disclose the results of any >benchmarking of the SOFTWARE, or use such results for its own competing >software development activities, without the prior written permission of >Synplicity. > >University Program: Technical Liaison >Licensee shall appoint a Technical Liaison who will serve as the single point of >contact between Synplicity and Licensee with respect to the subject matter of >this Agreement. The Technical Liaison will coordinate installation and >maintenance of the SOFTWARE, communicate with Synplicity regarding license >procedures, administer Licensee's obligations under this Agreement and respond >to inquiries by Synplicity related to the subject matter of this Agreement. > >University Program: Technical Support in North America >Unless otherwise agreed in writing, Synplicity will accept calls only from the >appointed Technical Liaison. No technical support will be provided other than >calls from the Technical Liaison relating to installation of the SOFTWARE. >SOFTWARE upgrades may be obtained from the Synplicity Web Site. > >University Program: International Technical Support >Technical support is provided through Synplicity's authorized distributors in >accordance with their applicable policies. > > >revised 7/03 >
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bug 60901
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