305 lines
19 KiB
Text
305 lines
19 KiB
Text
SPIN Commercial License
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(Required for commercial use of SPIN only, e.g., resale or use for
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any commercial purpose going beyond research in model checking
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or educational uses. No fee is required for the use of SPIN.)
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LUCENT TECHNOLOGIES INC.
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SPIN SOFTWARE PUBLIC LICENSE AGREEMENT
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PLEASE READ THIS AGREEMENT CAREFULLY BEFORE PROCEEDING.
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BY DOWNLOADING, INSTALLING, USING, COPYING, MODIFYING OR DISTRIBUTING THE
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SOFTWARE OR DERIVATIVE WORKS THEREOF, YOU ARE CONSENTING TO
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BE BOUND BY THIS AGREEMENT.
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IF YOU DO NOT AGREE TO ALL OF THE TERMS OF THIS AGREEMENT,
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DO NOT DOWNLOAD, INSTALL, OR USE THIS SOFTWARE.
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1. DEFINITIONS
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1.1
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"Agreement" means this Lucent Technologies Inc. SPIN Software Public License Agreement.
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1.2
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"Contributor(s)" means any individual or entity that creates or contributes to a
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Modification of the Original Software.
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1.3
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"Licensee" means an individual or a legal entity entering into and exercising rights
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under this Agreement or future versions thereof.
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For the purposes hereunder, Licensee includes any entity that controls, is controlled by,
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or is under common control with Licensee. For purposes of this definition, "control"
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means (i) the power, direct or indirect, to cause the direction or management of such
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entity, whether by contract or otherwise;
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or (ii) ownership of fifty percent (50%) or more of the controlling shares or beneficial
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ownership of such entity. Licensee is also referred to herein as "You".
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1.4
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"Licensed Software" means the Original Software, Modifications, or any combination
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of the Original Software and Modifications.
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1.5
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"LUCENT" means Lucent Technologies Inc., a Delaware corporation having an office
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at 600 Mountain Ave., Murray Hill, NJ 07974, its related companies and/or affiliates.
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1.6
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"SPIN Software" means the source code for the logic model checking system named SPIN,
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developed, copyrighted, and distributed by LUCENT.
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1.7
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"Modification(s)" means any addition, deletion, change, or improvement to the Original
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Software or prior Modifications thereto. Modifications do not include additions to the
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Original Software or prior Modifications which (i) are separate modules of software which
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may be distributed in conjunction with Licensed Software; or (ii) are not derivative works
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of the Licensed Software itself.
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1.8
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"Object Code" means machine readable software code.
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1.9
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"Original Contributor" means LUCENT.
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1.10
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"Original Software" means the SPIN Software, in both Source Code form and Object Code
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form, and any associated documentation as originally developed by Original Contributor,
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and as originally furnished under this Agreement.
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1.11
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"Recipient" means any individual or legal entity receiving the Licensed Software under
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this Agreement, including all Contributors, or receiving the Licensed Software under
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another license agreement as authorized herein.
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1.12
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"Source Code" means human readable software code.
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2.0 GRANT of Rights
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2.1
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Subject to the terms of this Agreement, Original Contributor grants to Licensee, a royalty-free, nonexclusive,
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non-transferable, worldwide license, subject to third party intellectual property claims, to use, reproduce,
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modify, execute, display, perform, distribute and sublicense, the Original Software (with or without
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Modifications) in Source Code form and/or Object Code form for commercial and/or non-commercial purposes
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subject to the terms of this Agreement. This grant includes a nonexclusive and non-transferable license under
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any patents which Original Contributor has a right to license and which, but for this license, are unavoidably
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and necessarily infringed by the execution of the inherent functionality of the Original Software in the form
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furnished under this Agreement. Nothing contained herein shall be construed as conferring by implication,
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estoppel or otherwise any license or right under any existing or future patent claim which is directed to a
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combination of the functionality of the Original Software with the functionality of any other software programs,
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or a combination of hardware systems other than the combination of the Original Software and the hardware or
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firmware into which the Original Software is loaded. Distribution of Licensed Software to third parties pursuant
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to this grant shall be subject to the same terms and conditions as set forth in this Agreement, and may, at your
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option, include a reasonable charge for the cost of any media. You may also, at your option, charge for any
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other software, product or service which includes or incorporates the Original Software as a part thereof.
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2.2
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Subject to the terms of this Agreement, each Contributor grants to Licensee, a royalty-free, nonexclusive, non-
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transferable, worldwide license, subject to third party intellectual property claims, to use, reproduce, modify,
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execute, display, perform, distribute and sublicense, Modifications created by such Contributor in Source Code
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form and/or Object Code form for commercial and/or non-commercial purposes subject to the terms of this
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Agreement. This grant includes a nonexclusive and non-transferable license under any patents which such
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Contributor has a right to license and which, but for this license, are unavoidably and necessarily infringed by
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the execution of the inherent functionality of the Modifications in the form furnished under this Agreement.
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Nothing contained herein shall be construed as conferring by implication, estoppel or otherwise any license or
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right under any existing or future patent claim which is directed to a combination of the functionality of the
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Modifications with the functionality of any other software programs, or a combination of hardware systems
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other than the combination of Modifications and the hardware or firmware into which the Modifications are
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loaded. Distribution of Modifications to third parties pursuant to this grant shall be subject to the same terms
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and conditions as set forth in this Agreement, and may, at your option, include a reasonable charge for the cost
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of any media. You may also, at your option, charge for any other software, product or service which includes or
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incorporates the Original Software as a part thereof.
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3.0 DISTRIBUTION OBLIGATIONS
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3.1
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Modifications which You create or to which You contribute are governed by the terms of this Agreement and
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must be made available under the terms this Agreement in at least the same form as the Source Code version of
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Licensed Software furnished hereunder. Any distribution by You of the Source Code version of Licensed
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Software must be made under the terms of this Agreement or any future version of this Agreement under
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Section 11.0, and You must include a copy of this Agreement with each and every copy of such Source Code
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version of Licensed Software which You distribute. You may not offer or impose any terms on any such
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Source Code version of Licensed Software that alters or restricts the terms of the applicable version of this
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Agreement or the Recipients" rights and obligations hereunder.
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3.2
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You must cause all Licensed Software to which You contribute, i.e. Your Modifications, to contain a clear
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identification, e.g., a separate file, documenting the changes made by You and identifying You as the
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Contributor that reasonably allows subsequent Recipients to identify the originator of the Modification. To the
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extent You create at least one Modification, You may add Your name as a Contributor to the requisite notice
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described in Section 3.3.
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3.3
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With respect to Your distribution of Licensed Software (or any portion thereof), You must include the following
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information in a conspicuous location governing such distribution (e.g., a separate file) and on all copies of any
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Source Code version of Licensed Software You distribute:
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"The contents herein includes software initially developed by Bell Laboratories, Lucent Technologies Inc.,
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and is subject to the terms of the Lucent Technologies Inc. SPIN Software Public License Agreement.
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A copy of the SPIN Software Public License Agreement is available at:
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http://cm.bell-labs.com/cm/cs/what/spin/SPIN_public_license.txt
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or by contacting Lucent Technologies at spin_list@research.bell-labs.com.
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All software distributed under such Agreement is distributed on an "AS IS" basis,
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WITHOUT WARRANTY OF ANY KIND, either express or implied. See the SPIN Software
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Public License Agreement for the specific language governing all rights, obligations
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and limitations under such Agreement.
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Portions of the software developed by Lucent Technologies Inc. are Copyright 1989-2001.
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All rights reserved.
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Contributor(s):___________________________"
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3.4
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You may distribute Licensed Software in Object Code form using this Agreement, or under a license of Your
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choice provided that You are in compliance with this Agreement and Your license: (a) complies with the terms
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and conditions of this Agreement; (b) does not limit or alter the Recipient"s rights and obligations in the Source
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Code version of the Licensed Software set forth in this Agreement; (c) states that the Source Code version of
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the Licensed Software is available from You, and describes how to it may be obtained by Recipient; (d)
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effectively disclaims on behalf of Original Contributor and all Contributors all warranties and conditions,
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express or implied, including warranties or conditions of title or non-infringement, and implied warranties or
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conditions of merchantability and fitness for a particular purpose; (e) effectively excludes on behalf of Original
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Contributor and all Contributors all liability for damages, including direct, indirect, special, incidental, and
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consequential damages; and (f) clearly states that any terms which differ from this Agreement are offered by
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You alone, not by Original Contributor or any other Contributor. You hereby agree to indemnify Original
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Contributor or any other Contributor for any liability incurred by Original Contributor or any other Contributor
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as result of any such differing terms You offer in Your license.
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3.5
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You may not use the names "Lucent Technologies", "Bell Labs" or any other name associated with LUCENT
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or any LUCENT trademark for any purposes other than as specifically provided in Section 3.0.
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3.6
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You must include all of the original copyright, labels or other notices on the Licensed Software on any copies of
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the Licensed Software which You make; and include with the distribution of any Modifications You create a
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copy (or an offer to provide such a copy at no charge) of the Licensed Software, on the same terms as set forth
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in this Agreement.
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3.7
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While this Agreement contemplates the commercial use and distribution of Licensed Software, commercial
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distributors of software may, for a variety of reasons, accept certain responsibilities with respect to customers,
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licensees, business partners and the like. As such, if You or any Contributor include Licensed Software in a
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commercial offering ("Commercial Contributor"), such Commercial Contributor agrees to defend and
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indemnify Original Contributor and all other Contributors (collectively "Indemnified Contributors") against
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any liability, losses, damages and costs arising from claims, lawsuits and other legal actions brought by any
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third party against the Indemnified Contributors to the extent caused by the acts or omissions of such
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Commercial Contributor in connection with its use or distribution of Licensed Software in a commercial
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offering of any kind.
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4.0 MODIFICATIONS.
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You agree to provide the Original Contributor, at its request, with a copy of the complete
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Source Code version, Object Code version and related documentation for Modifications created or contributed to by
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You. Original Contributor and/or other Contributors shall have unrestricted, nonexclusive, worldwide, perpetual,
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royalty-free rights, to use, reproduce, modify, display, perform, sublicense and distribute Your Modifications, and to
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grant third parties the right to do so, including without limitation as a part of or with the Licensed Software; and
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Original Contributor and/or other Contributors shall have the right to license or to otherwise transfer to third parties
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Your Modifications without notice, obligation or recourse to You. You grant to Original Contributor, Contributors
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and their respective licensees all rights and licenses (including patents) as are necessary to incorporate the
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Modifications created or contribute by You into the Licensed Software and to use, distribute or otherwise exploit
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such Licensed Software without payment or accounting to You.
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5.0 TITLE.
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Title, ownership rights, and intellectual property rights in the Original Software shall remain in the
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Original Contributor. Original Contributor and/or the other Contributors reserve all rights not expressly granted to
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You, and no other licenses are granted or implied.
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The Licensed Software is protected by copyright laws and treaties.
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6.0 TERMINATION
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6.1
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The licenses and rights granted under this Agreement shall terminate automatically if (i) You fail to comply
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with all of the terms and conditions herein; or (ii) You initiate or participate in any intellectual property action
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against Original Contributor and/or another Contributor.
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6.2
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The rights and obligations of the parties hereto which by their nature would continue beyond termination of this
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Agreement shall survive and continue after any such termination of this Agreement.
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6.3
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Upon termination for any reason, You must destroy all copies of the Licensed Software in your possession. All
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sublicenses of Licensed Software which were validly granted by You to third parties under this Agreement shall
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survive such termination.
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7.0 DISCLAIMER OF WARRANTY.
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YOU UNDERSTAND AND ACKNOWLEDGE THAT, TO THE
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FULLEST EXTENT PERMITTED BY LAW, THE LICENSED SOFTWARE IS LICENSED UNDER THIS
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AGREEMENT FREE OF CHARGE ON AN "AS IS" BASIS WITH ALL FAULTS, LATENT AND PATENT
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AND WITHOUT ANY WARRANTY OF ANY TYPE. ORIGINAL CONTRIBUTOR AND THE OTHER
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CONTRIBUTORS MAKE NO REPRESENTATIONS OR WARRANTIES, EXPRESSED OR IMPLIED. BY
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WAY OF EXAMPLE, BUT NOT OF LIMITATION, ORIGINAL CONTRIBUTOR AND THE OTHER
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CONTRIBUTORS MAKE NO REPRESENTATIONS OF MERCHANTABILITY OR FITNESS FOR A
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PARTICULAR PURPOSE OR THAT THE USE OF THE LICENSED SOFTWARE WILL NOT INFRINGE ANY
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PATENT OR OTHER INTELLECTUAL PROPERTY RIGHT OF ANY THIRD PARTY AND IT SHALL BE
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THE SOLE RESPONSIBILITY OF YOU TO MAKE SUCH DETERMINATION AS IS NECESSARY WITH
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RESPECT TO THE ACQUISITION OF LICENSES UNDER PATENTS OR OTHER INTELLECTUAL
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PROPERTY RIGHTS OF THIRD PARTIES. ORIGINAL CONTRIBUTOR AND THE OTHER
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CONTRIBUTORS DO NOT WARRANT THAT THE FUNCTIONS OF THE LICENSED SOFTWARE WILL
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MEET YOUR REQUIREMENTS OR THAT LICENSED SOFTWARE OPERATION WILL BE ERROR-FREE
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OR UNINTERRUPTED. YOU ASSUME THE RISK OF ANY AND ALL DAMAGE OR LOSS FROM USE, OR
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INABILITY TO USE, THE LICENSED SOFTWARE. ORIGINAL CONTRIBUTOR AND THE OTHER
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CONTRIBUTORS BEAR NO RESPONSIBILITY FOR CORRECTING THE LICENSED SOFTWARE,
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SUPPLYING ASSISTANCE FOR FIXING, OR FOR COMMUNICATING KNOWN ERRORS TO YOU
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PERTAINING TO THE LICENSED SOFTWARE FURNISHED HEREUNDER.
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ORIGINAL CONTRIBUTOR AND THE OTHER CONTRIBUTORS SHALL NOT BE HELD TO ANY
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LIABILITY WITH RESPECT TO ANY PATENT INFRINGEMENT OR ANY OTHER CLAIM MADE BY YOU
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OR ANY THIRD PARTY ON ACCOUNT OF, OR ARISING FROM THE USE OF, THE LICENSED
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SOFTWARE PROVIDED HEREUNDER.
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SOME STATES DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE
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EXCLUSION MAY NOT APPLY TO YOU. YOU MAY ALSO HAVE OTHER RIGHTS WHICH VARY FROM
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JURISDICTION TO JURISDICTION.
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8.0 LIMITATION OF LIABILITY.
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UNDER NO CIRCUMSTANCES AND UNDER NO LEGAL THEORY,
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TORT, CONTRACT, OR OTHERWISE, SHALL ORIGINAL CONTRIBUTOR AND/OR THE OTHER
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CONTRIBUTORS BE LIABLE TO YOU OR ANY OTHER THIRD PARTY FOR DAMAGES OF ANY KIND
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INCLUDING, BUT NOT LIMITED TO, ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, OR
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CONSEQUENTIAL DAMAGES OF ANY CHARACTER WHATSOEVER INCLUDING, WITHOUT
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LIMITATION, DAMAGES FOR LOSS OF GOODWILL, WORK STOPPAGE, COMPUTER FAILURE OR
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MALFUNCTION, OR ANY AND ALL OTHER COMMERCIAL DAMAGES OR LOSSES, EVEN IF THE
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ORIGINAL CONTRIBUTOR AND/OR ANY OTHER CONTRIBUTORS SHALL HAVE BEEN INFORMED OF
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THE POSSIBILITY OF SUCH DAMAGES, OR FOR ANY CLAIM BY ANY OTHER PARTY.
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FURTHERMORE, SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF
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INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THIS LIMITATION AND EXCLUSION MAY NOT
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APPLY TO YOU. TO THE EXTENT THAT ANY EXCLUSION OF DAMAGES ABOVE IS NOT VALID, YOU
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AGREE THAT IN NO EVENT WILL ORIGINAL CONTRIBUTOR"S AND ALL OTHER CONTRIBUTORS"
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TOTAL LIABILITY UNDER OR RELATED TO THIS AGREEMENT EXCEED ONE THOUSAND DOLLARS
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($1000.00 US).
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9.0 EXPORT CONTROL.
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You acknowledge that the Licensed Software hereunder is "publicly available" as the
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term is defined under the United States export administration regulations and is not subject to export control under
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such laws and regulations. However, if You modify the Licensed Software to change (or otherwise affect) such
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publicly available status You agree that You alone are responsible for compliance with the United States export
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administration regulations and hereby indemnify the Original Contributor and all other Contributors for any liability
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incurred as a result of Your actions which resulted in any change in the export status of the Licensed Software as
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furnished hereunder.
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10.0 U.S. GOVERNMENT RIGHTS.
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You may only acquire the Licensed Software on behalf of, or for delivery
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to, any part of the United States Government, if the Licensed Software is treated as commercial computer software
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and licensed to the Government under the terms and conditions of this Agreement, pursuant to the policies stated in
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48 C.F.R. Section 12.212 (October 1995) or 48 C.F.R. Section 227.7202 (June 1995), as applicable.
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11.0 LICENSE VERSIONS.
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LUCENT, at its sole discretion, may from time to time publish a revised and/or new
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version of this Agreement (each such revised or new version shall carry a distinguishing version number) which
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shall govern all copies of Licensed Software downloaded after the posting of such revised or new version of this
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Agreement.
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12.0 MISCELLANEOUS.
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This Agreement sets forth the entire agreement and understanding between the parties
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as to the subject matter hereof and merges all prior discussions between them. This Agreement shall be governed by
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the laws of the State of New York, USA, excluding its conflict of law provisions. The application of the United
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Nations Convention of Contracts for the International Sale of Goods is expressly excluded.
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YOUR DOWNLOAD, INSTALLATION AND USE, MODIFICATION OR DISTRIBUTION OF THE LICENSED SOFTWARE IS
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EXPRESSLY MADE CONDITIONAL ON YOUR ASSENT TO THE TERMS SET FORTH HEREIN. You further
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agree and acknowledge that by clicking on the "ACCEPT" button below, You shall have manifested acceptance to
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enter into this Agreement and shall be deemed to have manually signed and executed this Agreement making this an
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enforceable Agreement between the parties. If any provision of this Agreement is held to be unenforceable, such
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provision shall be reformed only to the extent necessary to make it enforceable.
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YOU ACKNOWLEDGE THAT YOU HAVE READ THIS AGREEMENT AND UNDERSTAND IT, AND THAT
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BY CLICKING ON THE "ACCEPT" BUTTON BELOW AND INSTALLING/DOWNLOADING THE
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SOFTWARE YOU ACCEPT AND AGREE TO BE BOUND BY THE TERMS AND CONDITIONS OF THIS AGREEMENT.
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SPIN Software Public License " Version 1.0 " 05/15/01
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By downloading, installing, and using the SPIN software
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you signify that you accept the terms of this agreement.
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This acceptance is only required for commercial use of SPIN.
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Non-commercial use is restricted to educational use only.
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In all cases, no guarantee whatsoever is expressed
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or implied by the distribution of this code or any part thereof.
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