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