debian/copyright

   1
   2 Format:           http://dep.debian.net/deps/dep5
   3 Upstream-Name:    tasyag
   4 Upstream-Contact: Jean-Paul Chaput <Jean-Paul.Chaput@lip6.fr>
   5 Source:           https://soc-extras.lip6.fr/en/tasyag-abstract-en/
   6 Copyright:        1990-2012 Universite Pierre & Marie Curie (UPMC)
   7 Comment:
   8   Tas/Yagle was formerly developped by Avertec.
   9   Authors:
  10     Anthony LESTER, Karim DIOURY, Pirouz BAZARGAN, Gregoire AVOT
  11
  12
  13 Files:     *
  14 Copyright: 1990-2012 Université Pierre & Marie Curie (UPMC)
  15 License:   UPMC-Non-Commercial
  16
  17 License: UPMC-Non-Commercial
  18                             SOFWARE LICENSE AGREEMENT
  19  .
  20  Between
  21  .
  22  Université Pierre et Marie Curie (Paris  6), a not for profit corporation under
  23  the laws of  France, N° SIRET :  19751722000012 - Code APE :  8542Z, having its
  24  place of business at 4, place Jussieu, 75252 Paris cedex 5, France, represented
  25  by its President Mr Jean CHAMBAZ, (hereinafter called "UPMC"),
  26  .
  27  CNRS
  28  .
  29  On the one hand,
  30  .
  31  And
  32  .
  33  The RECIPIENT
  34  .
  35  On the other hand,
  36  .
  37  Hereinafter solely or collectively designed "Party/Parties"
  38  .
  39  Whereas the  Laboratoire LIP6 (UMR 7606)  at UPMC has developed  a new software
  40  called  HITAS/YAGLE, hereafter  referred  to as  the  "SOFTWARE", which  allows
  41  hierarchical static timing analysis of VLSI designs. The SOFTWARE is registered
  42  at the Agence  de Protection des Programmes (APP) under  the references ### and
  43  ###
  44  .
  45  Whereas UPMC desire to make the SOFTWARE available for public use and benefit.
  46  .
  47  Whereas the  RECIPIENT, wishes  to use the  SOFTWARE for research  purposes and
  48  asked UPMC for a copy of the SOFTWARE.
  49  .
  50  NOW THEREFORE, IT IS HEREBY AGREED BETWEEN THE PARTIES:
  51  .
  52  1. GRANT OF RIGHTS:
  53  .
  54  Subject  to the  provisions contained  herein, UPMC  hereby grants  RECIPIENT a
  55  non-exclusive royalty-free non-transferable rights  to use the SOFTWARE and all
  56  relating  documentations  for  research  purposes  for a  period  of  2  years,
  57  effective from the date of download of the SOFTWARE and the present agreement.
  58  .
  59  Upon execution of  the present agreement by the  RECIPIENT, UPMC authorizes the
  60  download of the SOFTWARE by the RECIPIENT.
  61  .
  62  In  the event  that the  RECIPIENT wishes  to use  the SOFTWARE  for commercial
  63  and/or industrialization  purpose, it recognizes that this  action requires the
  64  express  and prior authorization  of UPMC,  in accordance  with article  6. The
  65  terms  of obtaining  a commercial  license have  to be  negotiated  between the
  66  Parties, on a case by case base.
  67  .
  68  All  rights, title, interest  and copyright  to the  SOFTWARE, to  all portions
  69  thereof,  and to any  associated documentation  shall at  all times  remain the
  70  property of  UPMC. RECIPIENT  agrees that  to use the  SOFTWARE solely  for non
  71  commercial purposes and in full  compliance with the disposition of the present
  72  agreement.
  73  .
  74  No  part  of the  SOFTWARE  or  of the  accompanying  written  material may  be
  75  reproduced, transmitted to another location or to any other person, stored in a
  76  retrieval system, or  translated into any language or  computer language in any
  77  form other than  granted above by any means,  electronic, mechanical, magnetic,
  78  optical, chemical, manual, or  otherwise without the express written permission
  79  of UPMC.
  80  .
  81  The RECIPIENT  may not modify,  reverse engineer, decompile or  disassemble the
  82  SOFTWARE or related documentations. The RECIPIENT may not use, copy, modify, or
  83  transfer the SOFTWARE or documentation or any copy except as expressly provided
  84  in this agreement.
  85  .
  86  2. FDA AND OTHER APPROVALS
  87  .
  88  The RECIPIENT  agrees that  this SOFTWARE has  not been reviewed,  nor received
  89  clearance for marketing from any health- regulation-agency such as the Food and
  90  Drug Administration,  Health Canada or  Agence Française de  Sécurité Sanitaire
  91  des Produits de Santé, in any country.
  92  .
  93  3. DISCLAIMER OF WARRANTY:
  94  .
  95  This SOFTWARE is ©  copyright UPMC – 2011. UPMC holds all  the ownership on the
  96  SOFTWARE.
  97  .
  98  UPMC and the authors of the SOFTWARE are hereinafter called the “DISCLOSERS”.
  99  .
 100  RECIPIENT acknowledges that  the SOFTWARE is a research tool,  that it is being
 101  supplied "as is" and that DISCLOSERS are not committed to provide any services,
 102  improvements or updates.
 103  .
 104  DISCLOSERS make no representation or  warranties, express or implied. By way of
 105  example, but not limitation to, DISCLOSERS make no representation or warranties
 106  of merchantability or fitness for any particular purpose or that the use of the
 107  SOFTWARE  will  not infringe  any  patents,  copyrights,  trademarks, or  other
 108  rights.  DISCLOSERS shall  not  be liable  for  any liability  or damages  with
 109  respect to any claim by RECIPIENT or  any third party on account of, or arising
 110  from, this licence or use of the SOFTWARE.
 111  .
 112  DISCLOSERS  shall not  be held  liable for  any liability  nor for  any direct,
 113  indirect, or  consequential damages with respect  to any claim  by RECIPIENT or
 114  any third party on account of or arising from the use of the SOFTWARE.
 115  .
 116  DISCLOSERS are not liable for  any hardware components used in conjunction with
 117  this SOFTWARE. DISCLOSERS are not liable for any failure of hardware components
 118  used  with this  SOFTWARE. If  failure of  the disk  or hardware  component has
 119  resulted from  accident, abuse, or  misapplication of the  SOFTWARE, DISCLOSERS
 120  shall have  no responsibility to replace  the disk or  hardware component under
 121  this limited warranty.
 122  .
 123  The entire risk as to the results and performance of the SOFTWARE is assumed by
 124  the RECIPIENT. Should  the SOFTWARE prove defective, the  RECIPIENT will assume
 125  all costs of  necessary service, repair, or correction.  Further, DISCLOSERS do
 126  not warrant,  guarantee, or make any  representations regarding the  use of the
 127  SOFTWARE  in  terms  of  correctness, accuracy,  reliability,  currentness,  or
 128  otherwise ; and the RECIPIENT relies on  the SOFTWARE and the results solely at
 129  his own risk.
 130  .
 131  4. LIMITATION OF LIABILITY - INDEMNITY:
 132  .
 133  Under no circumstances and under no  legal theory, whether in tort, contract or
 134  otherwise, shall  UPMC or anyone  else who has  been involved in  the creation,
 135  production, or  delivery of this SOFTWARE  be liable to RECIPIENT  or any other
 136  person for any direct,  indirect, special, incidental, or consequential damages
 137  of any character  including, without limitation, damages for  loss of goodwill,
 138  work stoppage, computer failure or malfunction, or any and all other damages or
 139  losses, arising out  of the use, the  results of use, or inability  to use such
 140  product,  even if  UPMC shall  have been  informed of  the possibility  of such
 141  damages, or for any claim by any other party.
 142  .
 143  To the  extent allowed  by law, RECIPIENT  shall indemnify, hold  harmless, and
 144  defend UPMC, its officers, employees,  students, and agents against any and all
 145  claims  arising  out  of the  exercise  of  any  rights under  this  agreement,
 146  including,  without  limiting the  generality  of  the  foregoing, against  any
 147  damages, losses, or  liabilities whatsoever with respect to  death or injury to
 148  person or  damage to property  arising from or  out of the possession,  use, or
 149  operation of the SOFTWARE by the RECIPIENT.
 150  .
 151  5. PUBLICATION - ACKNOWLEDGMENT OF CONTRIBUTION - USE OF NAME
 152  .
 153  For  any publication  or  communication of  results,  information or  knowledge
 154  obtained with the utilization of the SOFTWARE, and for any published work based
 155  on the  SOFTWARE, the RECIPIENT commits  itself to indicating  that the results
 156  are obtained using "HITAS/YAGLE SOFTWARE, UPMC/LIP6".
 157  .
 158  5.2 Nothing however  in this agreement shall be  construed as conferring rights
 159  to use in advertising, publicity, or otherwise  the name of UPMC, of any of its
 160  employees or any of its marks.
 161  .
 162  6. NOTICES
 163  .
 164  Any notices or disclosures required or  provided by the terms of this agreement
 165  shall be in writing, and shall  be delivered personally or sent by certified or
 166  registered   mail,   return   receipt   requested,  postage   prepaid   or   by
 167  internationally-recognized   express  mail   service   providing  evidence   of
 168  delivery. The effective  date of any notice shall be the  date of first receipt
 169  by the receiving Party or the date of refusal of receipt. Notices shall be sent
 170  to the addresses/addressees given below:
 171  .
 172  - Technical Contact:
 173        Laboratoire LIP6
 174        Département SoC
 175        Équipe CIAN
 176        4, place Jussieu
 177        F-75252 Paris cedex 05
 178        c/o: Mr. Jean-Paul Chaput
 179  .
 180  - Administrative Contact:
 181        Université Pierre et Marie Curie (Paris 6)
 182        Direction de la Recherche et du Transfert de Technologies
 183        Tour Zamansky
 184        4, Place Jussieu
 185        75252 Paris cedex 05
 186        c/o: Mr Laurent BUISSON - Ref. UPMC : X11xxx
 187  .
 188  7. TERMINATION
 189  .
 190  This  Agreement will  be terminated  by  UPMC two  (2) years  after a  SOFTWARE
 191  download by  the RECIPIENT. Upon such termination,  RECIPIENT shall immediately
 192  cease all uses of the Software and destroy the SOFTWARE and all copies thereof.
 193  .
 194  The provisions of Articles 3, 4, 5, 8 and 9 shall survive any termination.
 195  .
 196  8. GOVERNING LAW
 197  .
 198  This agreement shall  be construed, interpreted and applied  in accordance with
 199  the laws of France. If any claims or lawsuits concerning this license agreement
 200  of the  SOFTWARE are brought  against UPMC, the  Parties agree to  endeavour to
 201  seek  an amicable  solution to  any disagreements  or disputes  that  may arise
 202  during the  performance of the  agreement. Failing an amicable  solution within
 203  three (3) months as from their occurrence, and unless emergency proceedings are
 204  necessary, the disagreements or disputes  shall be referred to the jurisdiction
 205  of Paris which will be exclusively competent.
 206  .
 207  9. MISCELLANEOUS:
 208  .
 209  This Agreement  constitutes the complete  and exclusive agreement  between UPMC
 210  and the RECIPIENT with respect to the subject matter hereof, and supersedes all
 211  prior  oral  or  written   understandings,  communications  or  agreements  not
 212  specifically incorporated  herein. This agreement  may not be modified.  If any
 213  provision of  this agreement is held  to be unenforceable for  any reason, such
 214  provision  shall  be  reformed  only   to  the  extent  necessary  to  make  it
 215  enforceable, and such decision shall  not affect the enforceability (i) of such
 216  provision under other circumstances, or (ii) of the remaining provisions hereof
 217  under all circumstances.