LICENSE-UPMC-Avertec.rst

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  12 .. |VHDL|                             replace:: :sc:`vhdl`
  13 .. |Verilog|                          replace:: :sc:`Verilog`
  14 .. |HiTas|                            replace:: :sc:`HiTas`
  15 .. |Tas|                              replace:: :sc:`Tas`
  16 .. |Yagle|                            replace:: :sc:`Yagle`
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  19 .. raw:: latex
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  24
  25 =========================
  26 SOFWARE LICENSE AGREEMENT
  27 =========================
  28
  29 :raw-latex:`\noindent`
  30 Between
  31
  32   **Université Pierre et Marie Curie  (Paris 6)**, a not for profit corporation
  33   under  the laws of  France, N°  SIRET :  19751722000012 -  Code APE  : 8542Z,
  34   having  its place  of business  at  4, place  Jussieu, 75252  Paris cedex  5,
  35   France,  represented by  its  President Mr  Jean :sc:`Chambaz`,  (hereinafter
  36   called "UPMC"),
  37
  38   **CNRS**
  39
  40 :raw-latex:`\medskip\noindent`
  41 On the one hand,
  42
  43 :raw-latex:`\medskip\noindent`
  44 And
  45
  46   **The RECIPIENT**
  47
  48 :raw-latex:`\medskip\noindent`
  49 On the other hand,
  50
  51 :raw-latex:`\medskip\noindent`
  52 Hereinafter solely or collectively designed "Party/Parties"
  53
  54 :raw-latex:`\medskip`
  55 Whereas the  Laboratoire LIP6 (UMR 7606)  at UPMC has developed  a new software
  56 called  HITAS/YAGLE, hereafter  referred  to as  the  "SOFTWARE", which  allows
  57 hierarchical static timing analysis of VLSI designs.
  58
  59 |HiTas| is a static timing analysis tool.  Its strength lies in its transparent
  60 hierarchical  approach combined  with the  ability to  perform analysis  at the
  61 transistor-level, cell-level or a mixture of the two.
  62
  63 The  transistor-level analysis  brings the  possiblity of  handling full-custom
  64 circuits not individually but also as  blocks within the hierachy of a complete
  65 chip.  In addition, working at transistor level removes the need for costly and
  66 time consuming  re-characterization when  performing the analysis  at different
  67 corners.  The fact that delays are dynamically calculated throughout the design
  68 means  that the  differences  in  local context  are  automatically taken  into
  69 account  such as  power  supply variations  due  to IR  drop,  or simply  using
  70 different voltages for low-power applications.
  71
  72 |Yagle|  provides automatic  generation  of  a behaviral  model  (in |VHDL|  or
  73 |Verilog|)  directly from  a transistor  netlist.   Its major  strength is  the
  74 ability  to take  into account  functional correlation  between  signals.  This
  75 optimizes the partitioning and functional characterization as well as providing
  76 the means for automatically identifying  and characterizing most kind of memory
  77 elements.   Yagle  is  able  to  mix  the totally  automatic  approach  with  a
  78 pattern-matching  approach.   This allows  functional  abstraction of  circuits
  79 containing a  mixture of analog and digital.   This can be used  to handle RAMs
  80 which contain sense amplifiers for example.
  81
  82 :raw-latex:`\medskip`
  83 Whereas UPMC desire to make the SOFTWARE available for public use and benefit.
  84
  85 :raw-latex:`\medskip`
  86 Whereas the RECIPIENT, wishes to use the SOFTWARE **for research purposes** and
  87 asked UPMC for a copy of the SOFTWARE.
  88
  89 :raw-latex:`\medskip`
  90 **NOW THEREFORE, IT IS HEREBY AGREED BETWEEN THE PARTIES:**
  91
  92
  93 1. GRANT OF RIGHTS:
  94 ===================
  95
  96 Subject  to the  provisions contained  herein, UPMC  hereby grants  RECIPIENT a
  97 non-exclusive royalty-free non-transferable rights  to use the SOFTWARE and all
  98 relating  documentations  for  research  purposes  for a  period  of  2  years,
  99 effective from the date of download of the SOFTWARE and the present agreement.
 100
 101 Upon execution of  the present agreement by the  RECIPIENT, UPMC authorizes the
 102 download of the SOFTWARE by the RECIPIENT.
 103
 104 In  the event  that the  RECIPIENT wishes  to use  the SOFTWARE  for commercial
 105 and/or industrialization  purpose, it recognizes that this  action requires the
 106 express  and prior authorization  of UPMC,  in accordance  with article  6. The
 107 terms  of obtaining  a commercial  license have  to be  negotiated  between the
 108 Parties, on a case by case base.
 109
 110 All  rights, title, interest  and copyright  to the  SOFTWARE, to  all portions
 111 thereof,  and to any  associated documentation  shall at  all times  remain the
 112 property of  UPMC. RECIPIENT  agrees that  to use the  SOFTWARE solely  for non
 113 commercial purposes and in full  compliance with the disposition of the present
 114 agreement.
 115
 116 No  part  of the  SOFTWARE  or  of the  accompanying  written  material may  be
 117 reproduced, transmitted to another location or to any other person, stored in a
 118 retrieval system, or  translated into any language or  computer language in any
 119 form other than  granted above by any means,  electronic, mechanical, magnetic,
 120 optical, chemical, manual, or  otherwise without the express written permission
 121 of UPMC.
 122
 123 The RECIPIENT  may not modify,  reverse engineer, decompile or  disassemble the
 124 SOFTWARE or related documentations. The RECIPIENT may not use, copy, modify, or
 125 transfer the SOFTWARE or documentation or any copy except as expressly provided
 126 in this agreement.
 127
 128
 129 2. FDA AND OTHER APPROVALS
 130 ==========================
 131
 132 The RECIPIENT  agrees that  this SOFTWARE has  not been reviewed,  nor received
 133 clearance for marketing from any health- regulation-agency such as the Food and
 134 Drug Administration,  Health Canada or  Agence Française de  Sécurité Sanitaire
 135 des Produits de Santé, in any country.
 136
 137
 138 3. DISCLAIMER OF WARRANTY:
 139 ==========================
 140
 141 This SOFTWARE is ©  copyright UPMC – 2011. UPMC holds all  the ownership on the
 142 SOFTWARE.
 143
 144 UPMC and the authors of the SOFTWARE are hereinafter called the “DISCLOSERS”.
 145
 146 RECIPIENT acknowledges that  the SOFTWARE is a research tool,  that it is being
 147 supplied "as is" and that DISCLOSERS are not committed to provide any services,
 148 improvements or updates.
 149
 150 DISCLOSERS make no representation or  warranties, express or implied. By way of
 151 example, but not limitation to, DISCLOSERS make no representation or warranties
 152 of merchantability or fitness for any particular purpose or that the use of the
 153 SOFTWARE  will  not infringe  any  patents,  copyrights,  trademarks, or  other
 154 rights.  DISCLOSERS shall  not  be liable  for  any liability  or damages  with
 155 respect to any claim by RECIPIENT or  any third party on account of, or arising
 156 from, this licence or use of the SOFTWARE.
 157
 158 DISCLOSERS  shall not  be held  liable for  any liability  nor for  any direct,
 159 indirect, or  consequential damages with respect  to any claim  by RECIPIENT or
 160 any third party on account of or arising from the use of the SOFTWARE.
 161
 162 DISCLOSERS are not liable for  any hardware components used in conjunction with
 163 this SOFTWARE. DISCLOSERS are not liable for any failure of hardware components
 164 used  with this  SOFTWARE. If  failure of  the disk  or hardware  component has
 165 resulted from  accident, abuse, or  misapplication of the  SOFTWARE, DISCLOSERS
 166 shall have  no responsibility to replace  the disk or  hardware component under
 167 this limited warranty.
 168
 169 The entire risk as to the results and performance of the SOFTWARE is assumed by
 170 the RECIPIENT. Should  the SOFTWARE prove defective, the  RECIPIENT will assume
 171 all costs of  necessary service, repair, or correction.  Further, DISCLOSERS do
 172 not warrant,  guarantee, or make any  representations regarding the  use of the
 173 SOFTWARE  in  terms  of  correctness, accuracy,  reliability,  currentness,  or
 174 otherwise ; and the RECIPIENT relies on  the SOFTWARE and the results solely at
 175 his own risk.
 176
 177
 178 4. LIMITATION OF LIABILITY - INDEMNITY:
 179 =======================================
 180
 181 Under no circumstances and under no  legal theory, whether in tort, contract or
 182 otherwise, shall  UPMC or anyone  else who has  been involved in  the creation,
 183 production, or  delivery of this SOFTWARE  be liable to RECIPIENT  or any other
 184 person for any direct,  indirect, special, incidental, or consequential damages
 185 of any character  including, without limitation, damages for  loss of goodwill,
 186 work stoppage, computer failure or malfunction, or any and all other damages or
 187 losses, arising out  of the use, the  results of use, or inability  to use such
 188 product,  even if  UPMC shall  have been  informed of  the possibility  of such
 189 damages, or for any claim by any other party.
 190
 191 To the  extent allowed  by law, RECIPIENT  shall indemnify, hold  harmless, and
 192 defend UPMC, its officers, employees,  students, and agents against any and all
 193 claims  arising  out  of the  exercise  of  any  rights under  this  agreement,
 194 including,  without  limiting the  generality  of  the  foregoing, against  any
 195 damages, losses, or  liabilities whatsoever with respect to  death or injury to
 196 person or  damage to property  arising from or  out of the possession,  use, or
 197 operation of the SOFTWARE by the RECIPIENT.
 198
 199
 200 5. PUBLICATION - ACKNOWLEDGMENT OF CONTRIBUTION - USE OF NAME
 201 =============================================================
 202
 203 For  any publication  or  communication of  results,  information or  knowledge
 204 obtained with the utilization of the SOFTWARE, and for any published work based
 205 on the  SOFTWARE, the RECIPIENT commits  itself to indicating  that the results
 206 are obtained using **"HITAS/YAGLE SOFTWARE, UPMC/LIP6"**.
 207
 208 5.2 Nothing however  in this agreement shall be  construed as conferring rights
 209 to use in advertising, publicity, or otherwise  the name of UPMC, of any of its
 210 employees or any of its marks.
 211
 212
 213 6. NOTICES
 214 ==========
 215
 216 Any notices or disclosures required or  provided by the terms of this agreement
 217 shall be in writing, and shall  be delivered personally or sent by certified or
 218 registered   mail,   return   receipt   requested,  postage   prepaid   or   by
 219 internationally-recognized   express  mail   service   providing  evidence   of
 220 delivery. The effective  date of any notice shall be the  date of first receipt
 221 by the receiving Party or the date of refusal of receipt. Notices shall be sent
 222 to the addresses/addressees given below:
 223
 224 - Technical Contact:
 225
 226     | Laboratoire LIP6
 227     | Département SoC
 228     | Équipe CIAN
 229     | 4, place Jussieu
 230     | F-75252 Paris cedex 05
 231     | c/o: Mr. Jean-Paul Chaput
 232
 233 - Administrative Contact:
 234
 235     | Université Pierre et Marie Curie (Paris 6)
 236     | Direction de la Recherche et du Transfert de Technologies
 237     | Tour Zamansky
 238     | 4, Place Jussieu
 239     | 75252 Paris cedex 05
 240     | c/o: Mr Laurent BUISSON - Ref. UPMC : X11xxx
 241
 242
 243 7. TERMINATION
 244 ==============
 245
 246 This  Agreement will  be terminated  by  UPMC two  (2) years  after a  SOFTWARE
 247 download by  the RECIPIENT. Upon such termination,  RECIPIENT shall immediately
 248 cease all uses of the Software and destroy the SOFTWARE and all copies thereof.
 249
 250 The provisions of Articles 3, 4, 5, 8 and 9 shall survive any termination.
 251
 252
 253 8. GOVERNING LAW
 254 ================
 255
 256 This agreement shall  be construed, interpreted and applied  in accordance with
 257 the laws of France. If any claims or lawsuits concerning this license agreement
 258 of the  SOFTWARE are brought  against UPMC, the  Parties agree to  endeavour to
 259 seek  an amicable  solution to  any disagreements  or disputes  that  may arise
 260 during the  performance of the  agreement. Failing an amicable  solution within
 261 three (3) months as from their occurrence, and unless emergency proceedings are
 262 necessary, the disagreements or disputes  shall be referred to the jurisdiction
 263 of Paris which will be exclusively competent.
 264
 265 9. MISCELLANEOUS:
 266 =================
 267
 268 This Agreement  constitutes the complete  and exclusive agreement  between UPMC
 269 and the RECIPIENT with respect to the subject matter hereof, and supersedes all
 270 prior  oral  or  written   understandings,  communications  or  agreements  not
 271 specifically incorporated  herein. This agreement  may not be modified.  If any
 272 provision of  this agreement is held  to be unenforceable for  any reason, such
 273 provision  shall  be  reformed  only   to  the  extent  necessary  to  make  it
 274 enforceable, and such decision shall  not affect the enforceability (i) of such
 275 provision under other circumstances, or (ii) of the remaining provisions hereof
 276 under all circumstances.