| 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. LIBCURL 7.36.0 (MIT/X Derivative License) |
| 38. Libelf 0.8.10 (LGPL v. 2.1 License) |
| 39. Liberty Parser 2.6 (SYNOPSYS Open Source License Version 1.0) |
| 40. libpng 1.2.18 (Libpng License) |
| 41. lpsolve 5.5.0.10 (LGPL v 2.1 License) |
| 42. make 3.81 (GPL v. 2.0 License) |
| 43. McCabe 0.2.1 (MIT License) |
| 44. metis 4.0.1 (GPL v. 2.0 License) |
| 45. MINISAT 2 2.2.0 (MIT License) |
| 46. mongoose 3.8 (MIT License) |
| 47. Normalize.css 2.1.3 (MIT License) |
| 48. OpenSSL 1.0.1h (BSD-style License) |
| 49. OpenSSL 1.0.1m (BSD-style License) |
| 50. Peewee 2.1.6 (MIT License) |
| 51. pep8 1.4.6 (MIT License) |
| 52. Perl 5.8.8 (GPL v. 1.0 or the Artistic License) |
| 53. PicNet Table Filter (MIT License) |
| 54. Protobuf 2.5.0 (BSD 3 Clause License) |
| 55. psutil 1.2.1 (3 Clause BSD License) |
| 56. pyflakes 3.2.2 (MIT License) |
| 57. Python 3.3.0 (PSF License for Python 3.3.0) |
| 58. pyzeromq 14.0.0 (Modified BSD License) |
| 59. 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. DockingFrames 1.1.2p12c (LGPL v. 2.1 License) |
| 23. eclipse-cpp-kepler-SR2 4.3.2 (Eclipse Public License v 1.0) |
| 24. expat 2.0.1 (MIT License) |
| 25. expat 2.1.0 (MIT License) |
| 26. explicitlayout 3.0 (LGPL v. 2.1 License) |
| 27. forms_rt 6.0 (Apache v. 2.0 License) |
| 28. gcc 4.9 (GNU Free Documentation v. 1.2 GPL License) |
| 29. gdb 7.7 (GPL v. 2 License) |
| 30. gmp 5.0.5 (LGPL v. 3 License) |
| 31. gnu 1.2.5 (GPL v. 2 License) |
| 32. guava-libraries 15.0 (Apache v. 2.0 License) |
| 33. hamcrest 1.3 (BSD 3 Clause License) |
| 34. jacl 1.3.2a (Jacl Software License) |
| 35. jacoco 0.6.3 (Eclipse Public License v 1.0) |
| 36. jaxb-ri 2.2.7 (CDDL v. 1.1; GPL v. 2 Classpath Exception) |
| 37. jaxb-xew-plugin 1.4 (LGPL v. 3 License) |
| 38. jaxb2-basics-annotate 1.0.1 (BSD 2 Clause License) |
| 39. jaxb2-basics-tools 0.9.0 (BSD 3 Clause License) |
| 40. jaxen 1.1.1 (BSD 3 Clause License) |
| 41. jaxen 1.1.6 (BSD 3 Clause License) |
| 42. jaxen 1.3 (BSD 4 Clause License) |
| 43. jcommon 1.0.16 (LGPL v. 3 License) |
| 44. 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) |