Softwarelizenzvereinbarung

Fraunhofer-Institut für Eingebettete Systeme und Kommunikationstechnik ESK

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Softwarelizenzvereinbarung

ERNEST Software

 

This Software License Agreement (hereinafter referred to as this "Agreement") dated as of the EFFECTIVE DATE (as hereafter defined) is made and entered into

between

Fraunhofer-Gesellschaft zur Foerderung der angewandten Forschung e.V., a non-profit organization duly organized and existing under the laws of the Federal Republic of Germany and having its principal office at Hansastraße 27c, 80686 München, Germany,

(hereinafter referred to as "FHG")

acting on behalf of its

Fraunhofer Institute for Embedded Systems and Communication Technologies (ESK) having its principal officee at Hansastr. 32, 80686 München, Germany

(hereinafter referred to as "ESK")

and

the user who download the COMPUTER PROGRAM (as hereinafter defined) from the internet site http://www.esk.fraunhofer.de/de/projekte/ERNEST/ and accept this agreement.

(hereinafter referred to as "LICENSEE")

 

I.     PREAMBLE

1.     LICENSEE wishes to obtain a non-exclusive right to use the COMPUTER PROGRAM solely for use in accordance with the terms of this Agreement.

2.     In the course of granting a non-exclusive license in the COMPUTER PROGRAM LICENSEE will receive a desktop software package which includes the COMPUTER PROGRAM as well as several OPEN SOURCE SOFTWARE components.

3.     FHG is the owner of a certain ”COMPUTER PROGRAM” (as hereinafter defined), and allows LICENSEE to utilize this COMPUTER PROGRAM as detailed in this Agreement.

Except as explicitly granted in this Agreement, LICENSEE shall have no other rights in the COMPUTER PROGRAM. Under no circumstances will anything in this Agreement be construed as granting, by implication or otherwise, a license to any technology owned by FHG other than the COMPUTER PROGRAM.

As far as OPEN SOURCE SOFTWARE is concerned LICENSEE has to review the licenses within the individual packages of OPEN SOURCE SOFTWARE in order to understand its rights and obligations under them. The respective licenses can be found in materials accompanying the software package, the documentation or corresponding source files. Upon LICENSEE'S request the latter will be made available to LICENSEE by FHG/ESK. Copyrights to the OPEN SOURCE SOFTWARE are held by the copyright holders indicated in the copyright notices in the corresponding source files or other materials accompanying the respective OPEN SOURCE SOFTWARE package.

In no event LICENSEE will obtain under this Agreement a license from FHG to use the OPEN SOURCE SOFTWARE components.

 

II.     Definitions

For the purpose of this Agreement, the following terms shall have the respective meanings set forth below:

1.     "EFFECTIVE DATE" shall mean the date at which the Licensee accepted this license.

2.     "PARTY" or "PARTIES" shall mean LICENSEE and/or FHG.

3.     "COMPUTER PROGRAM" shall mean the Computer Program called ERNEST as described in Annex I of this Agreement. Annex I shall be deemed part of this Agreement.

5.     "OPEN SOURCE SOFTWARE" shall mean the Open Source Software as described in Annex II of this Agreement. Annex II shall be deemed part of this Agreement.

6.     "SOURCE CODE" shall mean software in human-readable, high-level language form, which when compiled or assembled, becomes the executable "OBJECT CODE" (as later defined herein) of a software program.

7.     "OBJECT CODE" shall mean machine-executable code in binary format, typically the result of processing the SOURCE CODE with an assembler or compiler.

 

III.     Scope of License

1.     Grant of License and Restriction of Rights

1.1     FHG hereby grants to LICENSEE for the term of this Agreement a non-exclusive, non-transferable and non-assignable limited license, without the right to sublicense.

LICENSEE is entitled to:

  • use the COMPUTER PROGRAM (in object code only) up to the for LICENSEE'S own internal information processing services and computing needs;

1.2     LICENSEE is not entitled to

  • (i) sell, lease, offer to lease, sublicense, distribute or otherwise transfer in whole or in part the COMPUTER PROGRAM to third parties;
  • (ii) provide, disclose, divulge or make available to, or permit use of COMPUTER PROGRAM in whole or in part to/by any third party without the prior written consent of FHG/ESK;
  • (iii) modify or create derivative works based on COMPUTER PROGRAM;
  • (iv) use COMPUTER PROGRAM to provide network, application hosting or oth-er services to third parties, or otherwise use COMPUTER PROGRAM on a service bureau or hosting basis for LICENSEE'S customers;
  • (v) decompile, disassemble, reverse engineer, or otherwise attempt to derive source code from the COMPUTER PROGRAM, in whole or in part;
  • (vi) copy COMPUTER PROGRAM except for a reasonable number of machine-readable copies of COMPUTER PROGRAM for backup or archival purposes and except as expressly permitted in paragraph III, Article 1.1 above;
  • (vii) remove any titles, trademarks or trade names, copyright notices, legends, or other proprietary markings on the COMPUTER PROGRAM.

1.3     For clarification reasons: FHG does not sell the COMPUTER PROGRAM to LICENSEE. FHG does solely grant a temporary license to LICENSEE according to the terms of this Agreement.

2.     Royalties

This license is granted free of charge.

 

IV.     MISCELLANEOUS

1.     Duration and Termination of Agreement

1.1     This Agreement shall enter into force at the EFFECTIVE DATE.

1.2     In the event LICENSEE substantially fails to comply with any of its obligations under this Agreement, especially with its obligations according to paragraph III, Article 1 and does not remedy the violation of its obligation within one (1) month after it has been notified in writing thereof, this Agreement terminated automatically.

1.3     Upon termination or expiration of this Agreement for any reason, nothing herein shall be construed to release either PARTY from any obligation that matured prior to the effective date of such termination; and paragraph II, paragraph IV Articles 2 shall survive any such termination.

1.4     Upon termination or expiration of this Agreement for any reason, LICENSEE is obliged to destroy all copies of the COMPUTER PROGRAM. In addition, LICENSEE is obliged to remove all copies of the FHG SOFTWARE from the Personal computer on which it is installed.

2.     Warranty, Limitations

2.1     The COMPUTER PROGRAM has been developed in observance of scientific care and accepted technological principles, particularly accepted programming principles.

2.2     FHG assumes no warranty with regard to defects or errors of any third party's software, including but not limited to the OPEN SOURCE SOFTWARE components.

2.3     FHG shall retain all rights, title and interest in and to the COMPUTER PROGRAM, subject to the license granted in paragraph III, Article 1. FHG shall be entitled to establish all proprietary rights for itself in the intellectual property represented by FHG-created enhancements and new features, whether in the nature of copyrights, patent rights or other rights.

2.4     Nothing in this Agreement shall constitute or be construed as a liability by FHG or indemnification of any kind, expressed or implied, nor assumes any responsibilities whatsoever with respect to:

(a) the correctness and/or accuracy of any results and/or evaluation that LICENSEE achieves by using the COMPUTER PROGRAM and/or any of the OPEN SOURCE SOFTWARE components; or

(b) the commercial utility and/or merchantability of the COMPUTER PROGRAM and/or of any of the OPEN SOURCE SOFTWARE components; or

(c) the fitness, quality and performance of the COMPUTER PROGRAM and/or of any of the OPEN SOURCE SOFTWARE components.

2.5     Nothing in this Agreement shall constitute or be construed as a liability by FHG that the COMPUTER PROGRAM is free from any claim of infringement of any patent or any other intellectual property right owned by any third party arising out of the use of the COMPUTER PROGRAM. At the EFFECTIVE DATE FHG is not aware of any such rights that might be infringed by using the COMPUTER PROGRAM.

2.6     No warranty and liability is provided by FHG that utilization of the licenses granted according to paragraph III, Article 1.1 will not interfere with third-party patent rights or any other intellectual property right or will not cause damage to third parties. This shall not apply to cases where FHG is aware of contradictory third-party rights or damages prior to the EFFECTIVE DATE or is unaware of them as a result of gross negligence. FHG is not currently aware of any such rights.

2.7     Liability of FHG shall be limited to typical, foreseeable damages caused with intent or with gross negligence, to the extent it is not a matter of the infringement of life or of personal injury or of injury to health or of product liability.

2.8     LICENSEE shall at all times during the term of the licenses and thereafter, indemnify, defend and hold FHG, its trustees, officers, employees and affiliates, harmless against all claims and expenses, including legal expenses and reasonable attorneys' fees, arising out of the death of or injury to any person or persons or out of any damage to property and against any other claim, proceeding, demand, expense and liability of any kind whatsoever resulting from the use of any of the OPEN SOURCE SOFTWARE components by LICENSEE or resulting from the use of the COMPUTER PROGRAM according to the provisions of this Agreement or arising from any obligation of LICENSEE.

3.     Infringement

LICENSEE shall inform FHG promptly in writing of any alleged infringement of the COMPUTER PROGRAM by a third party and of any available evidence thereof.

4.     Other Provisions

4.1     Amendment

This Agreement or any provision thereof may be amended or modified only with the mutual consent of the PARTIES as set out in a written instrument, signed by a duly authorized representative of each of the PARTIES, and expressly stating the PARTIES' intent to amend this Agreement.

4.2     Transfer of Agreement

LICENSEE may not transfer this Agreement in part or in its entirety to any third party without the prior written confirmation of FHG.

4.3     Applicable Law

This Agreement shall be construed, governed, interpreted and applied in accordance with the laws of the Federal Republic of Germany.

4.4     Dispute Settlement

Any dispute arising in connection with this Agreement shall be submitted to the competent courts of Munich (Germany).

4.5     Export controls

It is understood that the export of software for the LICENSEE under this Agreement is subject to export laws and regulations. FHG does not warrant that if any import or export license is required for the fulfillment of any of its contractual obligations, such license shall be issued in due time. In case the fulfillment of any contractual obligation of FHG would violate import or export laws and regulations, FHG is not obliged to fulfill that obligation. In any such case each PARTY shall be entitled to terminate this Agreement with immediate effect. Compensation claims shall be excluded in case of any restriction resulting from import or export laws and regulations and/or any delay of the granting of the import or export license.

4.6     Entire Agreement

This Agreement including its Annexes embodies the entire understanding of the PARTIES and cancels and supersedes any prior representations, warranties, or agreement between the PARTIES relating hereto, and this Agreement is executed and delivered upon the basis of this understanding.

4.7     Severability

Should any part or provision of this Agreement be held unenforceable or in conflict with the law of any jurisdiction, the validity of the remaining parts or provisions shall not be affected by this holding. Such unenforceable part or provision shall then be replaced, upon mutual written consent between the PARTIES hereto, by other enforceable part or provision which, in its effect, corresponds or comes closest to the effect of such unenforceable part or provision. The same shall apply in case of a gap.

 

Annex I – Software Description

ERNEST is an open tool-chain framework to enable the early verification of component-based software in the area of networked embedded systems. Based on a specific simulation framework, written in SystemC, ERNEST provides flexible mechanism to verify non-functional properties in early design stages. The framework allows to analyze and verify the networked embedded system which includes the modeled hardware, software and communication behavior.

 

Annex II

For open SOURCE SOFTWARE apply the following conditions:

  • Apache Xerces C++ under the license: Apache License, Version 2.0
    Apache License, Version 2.0
    Apache License

Version 2.0, January 2004

http://www.apache.org/licenses/

TERMS AND CONDITIONS FOR USE, REPRODUCTION, AND DISTRIBUTION

1.     Definitions.

"License" shall mean the terms and conditions for use, reproduction, and distribution as defined by Sections 1 through 9 of this document.

"Licensor" shall mean the copyright owner or entity authorized by the copyright owner that is granting the License.

"Legal Entity" shall mean the union of the acting entity and all other entities that control, are controlled by, or are under common control with that entity. For the purposes of this definition, "control" means (i) the power, direct or indirect, to cause the direction or management of such entity, whether by contract or otherwise, or (ii) ownership of fifty percent (50%) or more of the outstanding shares, or (iii) beneficial ownership of such entity.

"You" (or "Your") shall mean an individual or Legal Entity exercising permissions granted by this License.

"Source" form shall mean the preferred form for making modifications, including but not limited to software source code, documentation source, and configuration files.

"Object" form shall mean any form resulting from mechanical transformation or translation of a Source form, including but not limited to compiled object code, generated documentation, and conversions to other media types.

"Work" shall mean the work of authorship, whether in Source or Object form, made available under the License, as indicated by a copyright notice that is included in or attached to the work (an example is provided in the Appendix below).

"Derivative Works" shall mean any work, whether in Source or Object form, that is based on (or derived from) the Work and for which the editorial revisions, annotations, elaborations, or other modifications represent, as a whole, an original work of authorship. For the purposes of this License, Derivative Works shall not include works that remain separable from, or merely link (or bind by name) to the interfaces of, the Work and Derivative Works thereof.

"Contribution" shall mean any work of authorship, including the original version of the Work and any modifications or additions to that Work or Derivative Works thereof, that is intentionally submitted to Licensor for inclusion in the Work by the copyright owner or by an individual or Legal Entity authorized to submit on behalf of the copyright owner. For the purposes of this definition, "submitted" means any form of electronic, verbal, or written communication sent to the Licensor or its representatives, including but not limited to communication on electronic mailing lists, source code control systems, and issue tracking systems that are managed by, or on behalf of, the Licensor for the purpose of discussing and improving the Work, but excluding communication that is conspicuously marked or otherwise designated in writing by the copyright owner as "Not a Contribution."

"Contributor" shall mean Licensor and any individual or Legal Entity on behalf of whom a Contribution has been received by Licensor and subsequently incorporated within the Work.

2.     Grant of Copyright License.

Subject to the terms and conditions of this License, each Contributor hereby grants to You a perpetual, worldwide, non-exclusive, no-charge, royalty-free, irrevocable copyright license to reproduce, prepare Derivative Works of, publicly display, publicly perform, sublicense, and distribute the Work and such Derivative Works in Source or Object form.

3.     Grant of Patent License.

Subject to the terms and conditions of this License, each Contributor hereby grants to You a perpetual, worldwide, non-exclusive, no-charge, royalty-free, irrevocable (except as stated in this section) patent license to make, have made, use, offer to sell, sell, import, and otherwise transfer the Work, where such license applies only to those patent claims licensable by such Contributor that are necessarily infringed by their Contribution(s) alone or by combination of their Contribution(s) with the Work to which such Contribution(s) was submitted. If You institute patent litigation against any entity (including a cross-claim or counterclaim in a lawsuit) alleging that the Work or a Contribution incorporated within the Work constitutes direct or contributory patent infringement, then any patent licenses granted to You under this License for that Work shall terminate as of the date such litigation is filed.

4.     Redistribution.

You may reproduce and distribute copies of the Work or Derivative Works thereof in any medium, with or without modifications, and in Source or Object form, provided that You meet the following conditions:

1. You must give any other recipients of the Work or Derivative Works a copy of this License; and

2. You must cause any modified files to carry prominent notices stating that You changed the files; and

3. You must retain, in the Source form of any Derivative Works that You distribute, all copyright, patent, trademark, and attribution notices from the Source form of the Work, excluding those notices that do not pertain to any part of the Derivative Works; and

4. If the Work includes a "NOTICE" text file as part of its distribution, then any Derivative Works that You distribute must include a readable copy of the attribution notices contained within such NOTICE file, excluding those notices that do not pertain to any part of the Derivative Works, in at least one of the following places: within a NOTICE text file distributed as part of the Derivative Works; within the Source form or documentation, if provided along with the Derivative Works; or, within a display generated by the Derivative Works, if and wherever such third-party notices normally appear. The contents of the NOTICE file are for informational purposes only and do not modify the License. You may add Your own attribution notices within Derivative Works that You distribute, alongside or as an addendum to the NOTICE text from the Work, provided that such additional attribution notices cannot be construed as modifying the License. You may add Your own copyright statement to Your modifications and may provide additional or different license terms and conditions for use, reproduction, or distribution of Your modifications, or for any such Derivative Works as a whole, provided Your use, reproduction, and distribution of the Work otherwise complies with the conditions stated in this License.

5.     Submission of Contributions.

Unless You explicitly state otherwise, any Contribution intentionally submitted for inclusion in the Work by You to the Licensor shall be under the terms and conditions of this License, without any additional terms or conditions. Notwithstanding the above, nothing herein shall supersede or modify the terms of any separate license agreement you may have executed with Licensor regarding such Contributions.

6.     Trademarks.

This License does not grant permission to use the trade names, trademarks, service marks, or product names of the Licensor, except as required for reasonable and customary use in describing the origin of the Work and reproducing the content of the NOTICE file.

7.     Disclaimer of Warranty.

Unless required by applicable law or agreed to in writing, Licensor provides the Work (and each Contributor provides its Contributions) 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. You are solely responsible for determining the appropriateness of using or redistributing the Work and assume any risks associated with Your exercise of permissions under this License.

8.     Limitation of Liability.

In no event and under no legal theory, whether in tort (including negligence), contract, or otherwise, unless required by applicable law (such as deliberate and grossly negligent acts) or agreed to in writing, shall any Contributor be liable to You for damages, including any direct, indirect, special, incidental, or consequential damages of any character arising as a result of this License or out of the use or inability to use the Work (including but not limited to damages for loss of goodwill, work stoppage, computer failure or malfunction, or any and all other commercial damages or losses), even if such Contributor has been advised of the possibility of such damages.

9.     Accepting Warranty or Additional Liability.

While redistributing the Work or De-rivative Works thereof, You may choose to offer, and charge a fee for, acceptance of support, warranty, indemnity, or other liability obligations and/or rights consistent with this License. However, in accepting such obligations, You may act only on Your own behalf and on Your sole responsibility, not on behalf of any other Contributor, and only if You agree to indemnify, defend, and hold each Contributor harmless for any liability incurred by, or claims asserted against, such Contributor by reason of your accepting any such warranty or additional liability.

 

END OF TERMS AND CONDITIONS

 

APPENDIX: How to apply the Apache License to your work

To apply the Apache License to your work, attach the following boilerplate notice, with the fields enclosed by brackets "[]" replaced with your own identifying information. (Don't include the brackets!) The text should be enclosed in the appropriate comment syntax for the file format. We also recommend that a file or class name and description of purpose be included on the same "printed page" as the copyright notice for easier identification within third-party archives.

Copyright [yyyy] [name of copyright owner]

Licensed under the Apache License, Version 2.0 (the "License");
you may not use this file except in compliance with the License.
You may obtain a copy of the License at

http://www.apache.org/licenses/LICENSE-2.0

Unless required by applicable law or agreed to in writing, software
distributed under the License is distributed on an "AS IS" BASIS,
WITHOUT WARRANTIES OR CONDITIONS OF ANY KIND, either express or implied.

See the License for the specific language governing permissions and
limitations under the License.

  • SystemC 2.3 under the license: Systemc Open Source License
    http://panoramis.free.fr/search.systemc.org/download/sc220/systemc-220-License.pdf
  • Boost.Function under the license: Boost Software License, Version 1.0
    http://www.boost.org/LICENSE_1_0.txt)

Boost Software License - Version 1.0 - August 17th, 2003

Permission is hereby granted, free of charge, to any person or organization obtaining a copy of the software and accompanying documentation covered by this license (the "Software") to use, reproduce, display, distribute, execute, and transmit the Software, and to prepare derivative works of the Software, and to permit third-parties to whom the Software is furnished to do so, all subject to the following:

The copyright notices in the Software and this entire statement, including the above license grant, this restriction and the following disclaimer, must be included in all copies of the Software, in whole or in part, and all derivative works of the Software, unless such copies or derivative works are solely in the form of machine-executable object code generated by a source language processor.

THE SOFTWARE IS PROVIDED "AS IS", WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT. IN NO EVENT SHALL THE COPYRIGHT HOLDERS OR ANYONE DISTRIBUTING THE SOFTWARE BE LIABLE FOR ANY DAMAGES OR OTHER LIABILITY, WHETHER IN CONTRACT, TORT OR OTHERWISE, ARISING FROM, OUT OF OR IN CONNECTION WITH THE SOFTWARE OR THE USE OR OTHER DEALINGS IN THE SOFTWARE.

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