SPIN-Commercial (needs to go in /usr/portage/licenses)

SPIN-Commercial (text/plain), 18.87 KB, created by joes5532 on 2006-10-17 13:10:43 UTC

SPIN Commercial License

LUCENT TECHNOLOGIES INC.
SPIN SOFTWARE PUBLIC LICENSE AGREEMENT

PLEASE READ THIS AGREEMENT CAREFULLY BEFORE PROCEEDING.
BY CLICKING ON THE "ACCEPT" BUTTON BELOW, OR BY DOWNLOADING,
INSTALLING, USING, COPYING, MODIFYING OR DISTRIBUTING THE
SOFTWARE OR DERIVATIVE WORKS THEREOF, YOU ARE CONSENTING TO
BE BOUND BY THIS AGREEMENT.
IF YOU DO NOT AGREE TO ALL OF THE TERMS OF THIS AGREEMENT,
CLICK ON THE "DO NOT ACCEPT" BUTTON BELOW AND THE
INSTALLATION/DOWNLOAD PROCESS WILL NOT CONTINUE.

1. DEFINITIONS
1.1
"Agreement" means this Lucent Technologies Inc. SPIN Software Public License Agreement.

1.2
"Contributor(s)" means any individual or entity that creates or contributes to a
Modification of the Original Software.

1.3 
"Licensee" means an individual or a legal entity entering into and exercising rights
under this Agreement or future versions thereof.
For the purposes hereunder, Licensee includes any entity that controls, is controlled by,
or is under common control with Licensee.  For purposes of this definition, "control"
means (i) the power, direct or indirect, to cause the direction or management of such
entity, whether by contract or otherwise;
or (ii) ownership of fifty percent (50%) or more of the controlling shares or beneficial
ownership of such entity.  Licensee is also referred to herein as "You".

1.4
"Licensed Software" means the Original Software, Modifications, or any combination
of the Original Software and Modifications.

1.5
"LUCENT" means Lucent Technologies Inc., a Delaware corporation having an office
at 600 Mountain Ave., Murray Hill, NJ 07974, its related companies and/or affiliates.

1.6
"SPIN Software" means the source code for the logic model checking system named SPIN,
developed, copyrighted, and distributed by LUCENT.

1.7
"Modification(s)" means any addition, deletion, change, or improvement to the Original
Software or prior Modifications thereto.  Modifications do not include additions to the
Original Software or prior Modifications which (i) are separate modules of software which
may be distributed in conjunction with Licensed Software; or (ii) are not derivative works
of the Licensed Software itself.

1.8
"Object Code" means machine readable software code.

1.9
"Original Contributor" means LUCENT.

1.10
"Original Software" means the SPIN Software, in both Source Code form and Object Code
form, and any associated documentation as originally developed by Original Contributor,
and as originally furnished under this Agreement.

1.11
"Recipient" means any individual or legal entity receiving the Licensed Software under
this Agreement, including all Contributors, or receiving the Licensed Software under
another license agreement as authorized herein.

1.12
"Source Code" means human readable software code.

2.0 GRANT of Rights
2.1
Subject to the terms of this Agreement, Original Contributor grants to Licensee, a royalty-free, nonexclusive,
non-transferable, worldwide license, subject to third party intellectual property claims, to use, reproduce,
modify, execute, display, perform, distribute and sublicense, the Original Software (with or without
Modifications) in Source Code form and/or Object Code form for commercial and/or non-commercial purposes
subject to the terms of this Agreement.  This grant includes a nonexclusive and non-transferable license under
any patents which Original Contributor has a right to license and which, but for this license, are unavoidably
and necessarily infringed by the execution of the inherent functionality of the Original Software in the form
furnished under this Agreement. Nothing contained herein shall be construed as conferring by implication,
estoppel or otherwise any license or right under any existing or future patent claim which is directed to a
combination of the functionality of the Original Software with the functionality of any other software programs,
or a combination of hardware systems other than the combination of the Original Software and the hardware or
firmware into which the Original Software is loaded. Distribution of Licensed Software to third parties pursuant
to this grant shall be subject to the same terms and conditions as set forth in this Agreement, and may, at your
option, include a reasonable charge for the cost of any media.  You may also, at your option, charge for any
other software, product or service which includes or incorporates the Original Software as a part thereof.

2.2
Subject to the terms of this Agreement, each Contributor grants to Licensee, a royalty-free, nonexclusive, non-
transferable, worldwide license, subject to third party intellectual property claims, to use, reproduce, modify,
execute, display, perform, distribute and sublicense, Modifications created by such Contributor in Source Code
form and/or Object Code form for commercial and/or non-commercial purposes subject to the terms of this
Agreement.  This grant includes a nonexclusive and non-transferable license under any patents which such
Contributor has a right to license and which, but for this license, are unavoidably and necessarily infringed by
the execution of the inherent functionality of the Modifications in the form furnished under this Agreement.
Nothing contained herein shall be construed as conferring by implication, estoppel or otherwise any license or
right under any existing  or future patent claim which is directed to a combination of the functionality of the
Modifications with the functionality of any other software programs, or a combination of hardware systems
other than the combination of Modifications and the hardware or firmware into which the Modifications are
loaded.   Distribution of Modifications to third parties pursuant to this grant shall be subject to the same terms
and conditions as set forth in this Agreement, and may, at your option, include a reasonable charge for the cost
of any media.  You may also, at your option, charge for any other software, product or service which includes or
incorporates the Original Software as a part thereof.

3.0 DISTRIBUTION OBLIGATIONS
3.1
Modifications which You create or to which You contribute are governed by the terms of this Agreement and
must be made available under the terms this Agreement in at least the same form as the Source Code version of
Licensed Software furnished hereunder.  Any distribution by You of the Source Code version of Licensed
Software must be made under the terms of this Agreement or any future version of this Agreement under
Section 11.0, and You must include a copy of this Agreement with each and every copy of such Source Code
version of Licensed Software which You distribute.  You may not offer or impose any terms on any such
Source Code version of Licensed Software that alters or restricts the terms of the applicable version of this
Agreement or the Recipients" rights and obligations hereunder.

3.2
You must cause all Licensed Software to which You contribute, i.e. Your Modifications, to contain a clear
identification, e.g., a separate file, documenting the changes made by You and identifying You as the
Contributor that reasonably allows subsequent Recipients to identify the originator of the Modification.  To the
extent You create at least one Modification, You may add Your name as a Contributor to the requisite notice
described in Section 3.3.

3.3
With respect to Your distribution of Licensed Software (or any portion thereof), You must include the following
information in a conspicuous location governing such distribution (e.g., a separate file) and on all copies of any
Source Code version of Licensed Software You distribute:
"The contents herein includes software initially developed by Bell Laboratories, Lucent Technologies Inc.,
and is subject to the terms of the Lucent Technologies Inc. SPIN Software Public License Agreement.
A copy of the SPIN Software Public License Agreement is available at:

http://cm.bell-labs.com/cm/cs/what/spin/SPIN_public_license.txt

or by contacting Lucent Technologies at [e-mail].

All software distributed under such Agreement is distributed on an "AS IS" basis,
WITHOUT WARRANTY OF ANY KIND, either express or implied.  See the SPIN Software
Public License Agreement for the specific language governing all rights, obligations
and limitations under such Agreement.
Portions of the software developed by Lucent Technologies Inc. are Copyright 1989-2001.
All rights reserved.
Contributor(s):___________________________"

3.4
You may distribute Licensed Software in Object Code form using this Agreement, or under a license of Your
choice provided that You are in compliance with this Agreement and Your license: (a) complies with the terms
and conditions of this Agreement; (b) does not limit or alter the Recipient"s rights and obligations in the Source
Code version of the Licensed Software set forth in this Agreement; (c) states that the Source Code version of
the Licensed Software is available from You, and describes how to it may be obtained by Recipient; (d)
effectively disclaims on behalf of Original Contributor and all Contributors all warranties and conditions,
express or implied, including warranties or conditions of title or non-infringement, and implied warranties or
conditions of merchantability and fitness for a particular purpose; (e) effectively excludes on behalf of Original
Contributor and all Contributors all liability for damages, including direct, indirect, special, incidental, and
consequential damages; and (f) clearly states that any terms which differ from this Agreement are offered by
You alone, not by Original Contributor or any other Contributor.  You hereby agree to indemnify Original
Contributor or any other Contributor for any liability incurred by Original Contributor or any other Contributor
as result of any such differing terms You offer in Your license.

3.5
You may not use the names "Lucent Technologies", "Bell Labs" or any other name associated with LUCENT
or any LUCENT trademark for any purposes other than as specifically provided in Section 3.0.

3.6
You must include all of the original copyright, labels or other notices on the Licensed Software on any copies of
the Licensed Software which You make; and include with the distribution of any Modifications You create a
copy (or an offer to provide such a copy at no charge) of the Licensed Software, on the same terms as set forth
in this Agreement.

3.7
While this Agreement contemplates the commercial use and distribution of Licensed Software, commercial
distributors of software may, for a variety of reasons, accept certain responsibilities with respect to customers,
licensees, business partners and the like.  As such, if You or any Contributor include Licensed Software in a
commercial offering ("Commercial Contributor"), such Commercial Contributor agrees to defend and
indemnify Original Contributor and all other Contributors  (collectively "Indemnified Contributors") against
any liability, losses, damages and costs arising from claims, lawsuits and other legal actions brought by any
third party against the Indemnified Contributors to the extent caused by the acts or omissions of such
Commercial Contributor in connection with its use or distribution of Licensed Software in a commercial
offering of any kind.

4.0 MODIFICATIONS.
You agree to provide the Original Contributor, at its request, with a copy of the complete
Source Code version, Object Code version and related documentation for Modifications created or contributed to by
You.  Original Contributor and/or other Contributors shall have unrestricted, nonexclusive, worldwide, perpetual,
royalty-free rights, to use, reproduce, modify, display, perform, sublicense and distribute Your Modifications, and to
grant third parties the right to do so, including without limitation as a part of or with the Licensed Software; and
Original Contributor and/or other Contributors shall have the right to license or to otherwise transfer to third parties
Your  Modifications without notice, obligation or recourse to You.  You grant to Original Contributor, Contributors
and their respective licensees all rights and licenses (including patents) as are necessary to incorporate the
Modifications created or contribute by You into the Licensed Software and to use, distribute or otherwise exploit
such Licensed Software without payment or accounting to You.

5.0  TITLE.
Title, ownership rights, and intellectual property rights in the Original Software shall remain in the
Original Contributor. Original Contributor and/or the other Contributors reserve all rights not expressly granted to
You, and no other licenses are granted or implied.
The Licensed Software is protected by copyright laws and treaties.

6.0  TERMINATION
6.1
The licenses and rights granted under this Agreement shall terminate automatically if (i) You fail to comply
with all of the terms and conditions herein; or (ii) You initiate or participate in any intellectual property action
against Original Contributor and/or another Contributor.

6.2
The rights and obligations of the parties hereto which by their nature would continue beyond termination of this
Agreement shall survive and continue after any such termination of this Agreement.

6.3
Upon termination for any reason, You must destroy all copies of the Licensed Software in your possession.  All
sublicenses of Licensed Software which were validly granted by You to third parties under this Agreement shall
survive such termination.

7.0 DISCLAIMER OF WARRANTY.
YOU UNDERSTAND AND ACKNOWLEDGE THAT, TO THE
FULLEST EXTENT PERMITTED BY LAW, THE LICENSED SOFTWARE IS LICENSED UNDER THIS
AGREEMENT FREE OF CHARGE ON AN "AS IS" BASIS WITH ALL FAULTS, LATENT AND PATENT
AND WITHOUT ANY WARRANTY OF ANY TYPE. ORIGINAL CONTRIBUTOR AND THE OTHER
CONTRIBUTORS MAKE NO REPRESENTATIONS OR WARRANTIES, EXPRESSED OR IMPLIED.  BY
WAY OF EXAMPLE, BUT NOT OF LIMITATION, ORIGINAL CONTRIBUTOR AND THE OTHER
CONTRIBUTORS MAKE NO REPRESENTATIONS OF MERCHANTABILITY OR FITNESS FOR A
PARTICULAR PURPOSE OR THAT THE USE OF THE LICENSED SOFTWARE WILL NOT INFRINGE ANY
PATENT OR OTHER INTELLECTUAL PROPERTY RIGHT OF ANY THIRD PARTY AND IT SHALL BE
THE SOLE RESPONSIBILITY OF YOU TO MAKE SUCH DETERMINATION AS IS NECESSARY WITH
RESPECT TO THE ACQUISITION OF LICENSES UNDER PATENTS OR OTHER INTELLECTUAL
PROPERTY RIGHTS OF THIRD PARTIES. ORIGINAL CONTRIBUTOR AND THE OTHER
CONTRIBUTORS DO NOT WARRANT THAT THE FUNCTIONS OF THE LICENSED SOFTWARE WILL
MEET YOUR REQUIREMENTS OR THAT LICENSED SOFTWARE OPERATION WILL BE ERROR-FREE
OR UNINTERRUPTED.  YOU ASSUME THE RISK OF ANY AND ALL DAMAGE OR LOSS FROM USE, OR
INABILITY TO USE, THE LICENSED SOFTWARE.  ORIGINAL CONTRIBUTOR AND THE OTHER
CONTRIBUTORS BEAR NO RESPONSIBILITY FOR CORRECTING THE LICENSED SOFTWARE,
SUPPLYING ASSISTANCE FOR FIXING, OR FOR COMMUNICATING KNOWN ERRORS TO YOU
PERTAINING TO THE LICENSED SOFTWARE FURNISHED HEREUNDER.

ORIGINAL CONTRIBUTOR AND THE OTHER CONTRIBUTORS SHALL NOT BE HELD TO ANY
LIABILITY WITH RESPECT TO ANY PATENT INFRINGEMENT OR ANY OTHER CLAIM MADE BY YOU
OR ANY THIRD PARTY ON ACCOUNT OF, OR ARISING FROM THE USE OF, THE LICENSED
SOFTWARE PROVIDED HEREUNDER.

SOME STATES DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE
EXCLUSION MAY NOT APPLY TO YOU.  YOU MAY ALSO HAVE OTHER RIGHTS WHICH VARY FROM
JURISDICTION TO JURISDICTION.

8.0  LIMITATION OF LIABILITY.
UNDER NO CIRCUMSTANCES AND UNDER NO LEGAL THEORY,
TORT, CONTRACT, OR OTHERWISE, SHALL ORIGINAL CONTRIBUTOR AND/OR THE OTHER
CONTRIBUTORS BE LIABLE TO YOU OR ANY OTHER THIRD PARTY FOR DAMAGES OF ANY KIND
INCLUDING, BUT NOT LIMITED TO, ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, OR
CONSEQUENTIAL DAMAGES OF ANY CHARACTER WHATSOEVER 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 THE
ORIGINAL CONTRIBUTOR AND/OR ANY OTHER CONTRIBUTORS SHALL HAVE BEEN INFORMED OF
THE POSSIBILITY OF SUCH DAMAGES, OR FOR ANY CLAIM BY ANY OTHER PARTY.
FURTHERMORE, SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF
INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THIS LIMITATION AND EXCLUSION MAY NOT
APPLY TO YOU.  TO THE EXTENT THAT ANY EXCLUSION OF DAMAGES ABOVE IS NOT VALID, YOU
AGREE THAT IN NO EVENT WILL ORIGINAL CONTRIBUTOR"S AND ALL OTHER CONTRIBUTORS"
TOTAL LIABILITY UNDER OR RELATED TO THIS AGREEMENT EXCEED ONE THOUSAND DOLLARS
($1000.00 US).

9.0  EXPORT CONTROL.
You acknowledge that the Licensed Software hereunder is "publicly available" as the
term is defined under the United States export administration regulations and is not subject to export control under
such laws and regulations.  However, if You modify the Licensed Software to change (or otherwise affect) such
publicly available status You agree that You alone are responsible for compliance with the United States export
administration regulations and hereby indemnify the Original Contributor and all other Contributors for any liability
incurred as a result of Your actions which resulted in any change in the export status of the Licensed Software as
furnished hereunder.

10.0  U.S. GOVERNMENT RIGHTS.
You may only acquire the Licensed Software on behalf of, or for delivery
to, any part of the United States Government, if the Licensed Software is treated as commercial computer software
and licensed to the Government under the terms and conditions of this Agreement, pursuant to the policies stated in
48 C.F.R. Section 12.212 (October 1995) or 48 C.F.R. Section 227.7202 (June 1995), as applicable.

11.0 LICENSE VERSIONS.
LUCENT, at its sole discretion, may from time to time publish a revised and/or new
version of this Agreement (each such revised or new version shall carry a distinguishing version number) which
shall govern  all copies of Licensed Software downloaded after the posting of such revised or new version of this
Agreement.

12.0  MISCELLANEOUS.
This Agreement sets forth the entire agreement and understanding between the parties
as to the subject matter hereof and merges all prior discussions between them. This Agreement shall be governed by
the laws of the State of New York, USA, excluding its conflict of law provisions.  The application of the United
Nations Convention of Contracts for the International Sale of Goods is expressly excluded.
YOUR DOWNLOAD, INSTALLATION AND USE, MODIFICATION OR DISTRIBUTION OF THE LICENSED SOFTWARE IS
EXPRESSLY MADE CONDITIONAL ON YOUR ASSENT TO THE TERMS SET FORTH HEREIN. You further
agree and acknowledge that by clicking on the "ACCEPT" button below, You shall have manifested acceptance to
enter into this Agreement and shall be deemed to have manually signed and executed this Agreement making this an
enforceable Agreement between the parties.  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.
YOU ACKNOWLEDGE THAT YOU HAVE READ THIS AGREEMENT AND UNDERSTAND IT, AND THAT
BY CLICKING ON THE "ACCEPT" BUTTON BELOW AND INSTALLING/DOWNLOADING THE
SOFTWARE YOU ACCEPT AND AGREE TO BE BOUND BY THE TERMS AND CONDITIONS OF THIS AGREEMENT.

SPIN Software Public License " Version 1.0 " 05/15/01

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