' V. Version:=1.0
|Type :||Type::Copyleft Copyleft::Standard|
- La licence est l’une des « DFSG-incompatibles ».
SPIN Commercial License _________________________________________________________________
LUCENT TECHNOLOGIES INC. SPIN SOFTWARE PUBLIC LICENSE AGREEMENT
PLEASE READ THIS AGREEMENT CAREFULLY BEFORE PROCEEDING. BY CLICKING ON THE "ACCEPT" BUTTON BELOW, OR BY DOWNLOADING, INSTALLING, USING, COPYING, MODIFYING OR DISTRIBUTING THE SOFTWARE OR DERIVATIVE WORKS THEREOF, YOU ARE CONSENTING TO BE BOUND BY THIS AGREEMENT. IF YOU DO NOT AGREE TO ALL OF THE TERMS OF THIS AGREEMENT, CLICK ON THE "DO NOT ACCEPT" BUTTON BELOW AND THE INSTALLATION/DOWNLOAD PROCESS WILL NOT CONTINUE.
1. DEFINITIONS 1.1 "Agreement" means this Lucent Technologies Inc. SPIN Software Public License Ag reement.
1.2 "Contributor(s)" means any individual or entity that creates or contributes to a Modification of the Original Software.
1.3 "Licensee" means an individual or a legal entity entering into and exercising r ights under this Agreement or future versions thereof. For the purposes hereunder, Licensee includes any entity that controls, is cont rolled by, or is under common control with Licensee. For purposes of this definition, "co ntrol" means (i) the power, direct or indirect, to cause the direction or management o f such entity, whether by contract or otherwise; or (ii) ownership of fifty percent (50%) or more of the controlling shares or b eneficial ownership of such entity. Licensee is also referred to herein as "You".
1.4 "Licensed Software" means the Original Software, Modifications, or any combinat ion of the Original Software and Modifications.
1.5 "LUCENT" means Lucent Technologies Inc., a Delaware corporation having an offic e at 600 Mountain Ave., Murray Hill, NJ 07974, its related companies and/or affil iates.
1.6 "SPIN Software" means the source code for the logic model checking system named
developed, copyrighted, and distributed by LUCENT.
1.7 "Modification(s)" means any addition, deletion, change, or improvement to the O riginal Software or prior Modifications thereto. Modifications do not include addition s to the Original Software or prior Modifications which (i) are separate modules of soft ware which may be distributed in conjunction with Licensed Software; or (ii) are not deriv ative works of the Licensed Software itself.
1.8 "Object Code" means machine readable software code.
1.9 "Original Contributor" means LUCENT.
1.10 "Original Software" means the SPIN Software, in both Source Code form and Objec t Code form, and any associated documentation as originally developed by Original Cont ributor, and as originally furnished under this Agreement.
1.11 "Recipient" means any individual or legal entity receiving the Licensed Softwar e under this Agreement, including all Contributors, or receiving the Licensed Software under another license agreement as authorized herein.
1.12 "Source Code" means human readable software code.
2.0 GRANT of Rights 2.1 Subject to the terms of this Agreement, Original Contributor grants to Licensee , a royalty-free, nonexclusive, non-transferable, worldwide license, subject to third party intellectual proper ty claims, to use, reproduce, modify, execute, display, perform, distribute and sublicense, the Original Soft ware (with or without Modifications) in Source Code form and/or Object Code form for commercial and/o r non-commercial purposes subject to the terms of this Agreement. This grant includes a nonexclusive and
non-transferable license under
any patents which Original Contributor has a right to license and which, but fo r this license, are unavoidably and necessarily infringed by the execution of the inherent functionality of the
Original Software in the form
furnished under this Agreement. Nothing contained herein shall be construed as conferring by implication, estoppel or otherwise any license or right under any existing or future patent claim which is directed to a combination of the functionality of the Original Software with the functionalit y of any other software programs, or a combination of hardware systems other than the combination of the Original
Software and the hardware or
firmware into which the Original Software is loaded. Distribution of Licensed S oftware to third parties pursuant to this grant shall be subject to the same terms and conditions as set forth in
this Agreement, and may, at your
option, include a reasonable charge for the cost of any media. You may also, a t your option, charge for any other software, product or service which includes or incorporates the Original Software as a part thereof.
2.2 Subject to the terms of this Agreement, each Contributor grants to Licensee, a royalty-free, nonexclusive, non- transferable, worldwide license, subject to third party intellectual property c laims, to use, reproduce, modify, execute, display, perform, distribute and sublicense, Modifications created by such Contributor in Source Code form and/or Object Code form for commercial and/or non-commercial purposes subj ect to the terms of this Agreement. This grant includes a nonexclusive and non-transferable license und er any patents which such Contributor has a right to license and which, but for this license, are unavoid ably and necessarily infringed by the execution of the inherent functionality of the Modifications in the form fu rnished under this Agreement. Nothing contained herein shall be construed as conferring by implication, estop pel or otherwise any license or right under any existing or future patent claim which is directed to a combina tion of the functionality of the Modifications with the functionality of any other software programs, or a combi nation of hardware systems other than the combination of Modifications and the hardware or firmware into w hich the Modifications are loaded. Distribution of Modifications to third parties pursuant to this grant
shall be subject to the same terms
and conditions as set forth in this Agreement, and may, at your option, include
a reasonable charge for the cost
of any media. You may also, at your option, charge for any other software, pro duct or service which includes or incorporates the Original Software as a part thereof.
3.0 DISTRIBUTION OBLIGATIONS 3.1 Modifications which You create or to which You contribute are governed by the t erms of this Agreement and must be made available under the terms this Agreement in at least the same form
as the Source Code version of
Licensed Software furnished hereunder. Any distribution by You of the Source C ode version of Licensed Software must be made under the terms of this Agreement or any future version o f this Agreement under Section 11.0, and You must include a copy of this Agreement with each and every
copy of such Source Code
version of Licensed Software which You distribute. You may not offer or impose
any terms on any such
Source Code version of Licensed Software that alters or restricts the terms of the applicable version of this Agreement or the Recipients" rights and obligations hereunder.
3.2 You must cause all Licensed Software to which You contribute, i.e. Your Modific ations, to contain a clear identification, e.g., a separate file, documenting the changes made by You and identifying You as the Contributor that reasonably allows subsequent Recipients to identify the origin ator of the Modification. To the extent You create at least one Modification, You may add Your name as a Contrib utor to the requisite notice described in Section 3.3.
3.3 With respect to Your distribution of Licensed Software (or any portion thereof) , You must include the following information in a conspicuous location governing such distribution (e.g., a sepa rate file) and on all copies of any Source Code version of Licensed Software You distribute: "The contents herein includes software initially developed by Bell Laboratories , Lucent Technologies Inc., and is subject to the terms of the Lucent Technologies Inc. SPIN Software Publi c License Agreement. A copy of the SPIN Software Public License Agreement is available at:
or by contacting Lucent Technologies at email@example.com.
All software distributed under such Agreement is distributed on an "AS IS" basi s, WITHOUT WARRANTY OF ANY KIND, either express or implied. See the SPIN Software Public License Agreement for the specific language governing all rights, obliga tions and limitations under such Agreement. Portions of the software developed by Lucent Technologies Inc. are Copyright 19 89-2001. All rights reserved. Contributor(s):___________________________"
3.4 You may distribute Licensed Software in Object Code form using this Agreement, or under a license of Your choice provided that You are in compliance with this Agreement and Your license : (a) complies with the terms and conditions of this Agreement; (b) does not limit or alter the Recipient"s r ights and obligations in the Source Code version of the Licensed Software set forth in this Agreement; (c) states t hat the Source Code version of the Licensed Software is available from You, and describes how to it may be obt ained by Recipient; (d) effectively disclaims on behalf of Original Contributor and all Contributors al l warranties and conditions, express or implied, including warranties or conditions of title or non-infringe ment, and implied warranties or conditions of merchantability and fitness for a particular purpose; (e) effecti vely excludes on behalf of Original Contributor and all Contributors all liability for damages, including direct, i ndirect, special, incidental, and consequential damages; and (f) clearly states that any terms which differ from this Agreement are offered by You alone, not by Original Contributor or any other Contributor. You hereby ag ree to indemnify Original Contributor or any other Contributor for any liability incurred by Original Con tributor or any other Contributor as result of any such differing terms You offer in Your license.
3.5 You may not use the names "Lucent Technologies", "Bell Labs" or any other name associated with LUCENT or any LUCENT trademark for any purposes other than as specifically provided in
3.6 You must include all of the original copyright, labels or other notices on the Licensed Software on any copies of the Licensed Software which You make; and include with the distribution of any Modifications You create a copy (or an offer to provide such a copy at no charge) of the Licensed Software , on the same terms as set forth in this Agreement.
3.7 While this Agreement contemplates the commercial use and distribution of Licens ed Software, commercial distributors of software may, for a variety of reasons, accept certain responsi bilities with respect to customers, licensees, business partners and the like. As such, if You or any Contributor include Licensed Software in a commercial offering ("Commercial Contributor"), such Commercial Contributor agr ees to defend and indemnify Original Contributor and all other Contributors (collectively "Indem nified Contributors") against any liability, losses, damages and costs arising from claims, lawsuits and othe r legal actions brought by any third party against the Indemnified Contributors to the extent caused by the ac ts or omissions of such Commercial Contributor in connection with its use or distribution of Licensed S oftware in a commercial offering of any kind.
4.0 MODIFICATIONS. You agree to provide the Original Contributor, at its request, with a copy of t he complete Source Code version, Object Code version and related documentation for Modifica tions created or contributed to by You. Original Contributor and/or other Contributors shall have unrestricted, n onexclusive, worldwide, perpetual, royalty-free rights, to use, reproduce, modify, display, perform, sublicense an d distribute Your Modifications, and to grant third parties the right to do so, including without limitation as a part of or with the Licensed Software; and Original Contributor and/or other Contributors shall have the right to license or to otherwise transfer to third parties Your Modifications without notice, obligation or recourse to You. You grant t o Original Contributor, Contributors and their respective licensees all rights and licenses (including patents) as a re necessary to incorporate the Modifications created or contribute by You into the Licensed Software and to us e, distribute or otherwise exploit such Licensed Software without payment or accounting to You.
5.0 TITLE. Title, ownership rights, and intellectual property rights in the Original Softw are shall remain in the Original Contributor. Original Contributor and/or the other Contributors reserv e all rights not expressly granted to You, and no other licenses are granted or implied. The Licensed Software is protected by copyright laws and treaties.
6.0 TERMINATION 6.1 The licenses and rights granted under this Agreement shall terminate automatica lly if (i) You fail to comply with all of the terms and conditions herein; or (ii) You initiate or participat e in any intellectual property action against Original Contributor and/or another Contributor.
6.2 The rights and obligations of the parties hereto which by their nature would co ntinue beyond termination of this Agreement shall survive and continue after any such termination of this Agreeme nt.
6.3 Upon termination for any reason, You must destroy all copies of the Licensed So ftware in your possession. All sublicenses of Licensed Software which were validly granted by You to third par ties under this Agreement shall survive such termination.
7.0 DISCLAIMER OF WARRANTY. YOU UNDERSTAND AND ACKNOWLEDGE THAT, TO THE FULLEST EXTENT PERMITTED BY LAW, THE LICENSED SOFTWARE IS LICENSED UNDER THIS AGREEMENT FREE OF CHARGE ON AN "AS IS" BASIS WITH ALL FAULTS, LATENT AND PATENT AND WITHOUT ANY WARRANTY OF ANY TYPE. ORIGINAL CONTRIBUTOR AND THE OTHER CONTRIBUTORS MAKE NO REPRESENTATIONS OR WARRANTIES, EXPRESSED OR IMPLIED. BY WAY OF EXAMPLE, BUT NOT OF LIMITATION, ORIGINAL CONTRIBUTOR AND THE OTHER CONTRIBUTORS MAKE NO REPRESENTATIONS OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE OR THAT THE USE OF THE LICENSED SOFTWARE WILL NOT INFRINGE A NY PATENT OR OTHER INTELLECTUAL PROPERTY RIGHT OF ANY THIRD PARTY AND IT SHALL BE THE SOLE RESPONSIBILITY OF YOU TO MAKE SUCH DETERMINATION AS IS NECESSARY WITH RESPECT TO THE ACQUISITION OF LICENSES UNDER PATENTS OR OTHER INTELLECTUAL PROPERTY RIGHTS OF THIRD PARTIES. ORIGINAL CONTRIBUTOR AND THE OTHER CONTRIBUTORS DO NOT WARRANT THAT THE FUNCTIONS OF THE LICENSED SOFTWARE WILL MEET YOUR REQUIREMENTS OR THAT LICENSED SOFTWARE OPERATION WILL BE ERROR-FREE OR UNINTERRUPTED. YOU ASSUME THE RISK OF ANY AND ALL DAMAGE OR LOSS FROM USE, OR INABILITY TO USE, THE LICENSED SOFTWARE. ORIGINAL CONTRIBUTOR AND THE OTHER CONTRIBUTORS BEAR NO RESPONSIBILITY FOR CORRECTING THE LICENSED SOFTWARE, SUPPLYING ASSISTANCE FOR FIXING, OR FOR COMMUNICATING KNOWN ERRORS TO YOU PERTAINING TO THE LICENSED SOFTWARE FURNISHED HEREUNDER.
ORIGINAL CONTRIBUTOR AND THE OTHER CONTRIBUTORS SHALL NOT BE HELD TO ANY LIABILITY WITH RESPECT TO ANY PATENT INFRINGEMENT OR ANY OTHER CLAIM MADE BY YO U OR ANY THIRD PARTY ON ACCOUNT OF, OR ARISING FROM THE USE OF, THE LICENSED SOFTWARE PROVIDED HEREUNDER.
SOME STATES DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU. YOU MAY ALSO HAVE OTHER RIGHTS WHICH VARY FROM JURISDICTION TO JURISDICTION.
8.0 LIMITATION OF LIABILITY. UNDER NO CIRCUMSTANCES AND UNDER NO LEGAL THEORY, TORT, CONTRACT, OR OTHERWISE, SHALL ORIGINAL CONTRIBUTOR AND/OR THE OTHER CONTRIBUTORS BE LIABLE TO YOU OR ANY OTHER THIRD PARTY FOR DAMAGES OF ANY KIND INCLUDING, BUT NOT LIMITED TO, ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES OF ANY CHARACTER WHATSOEVER INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF GOODWILL, WORK STOPPAGE, COMPUTER FAILURE OR MALFUNCTION, OR ANY AND ALL OTHER COMMERCIAL DAMAGES OR LOSSES, EVEN IF THE ORIGINAL CONTRIBUTOR AND/OR ANY OTHER CONTRIBUTORS SHALL HAVE BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGES, OR FOR ANY CLAIM BY ANY OTHER PARTY. FURTHERMORE, SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THIS LIMITATION AND EXCLUSION MAY NOT APPLY TO YOU. TO THE EXTENT THAT ANY EXCLUSION OF DAMAGES ABOVE IS NOT VALID, YOU AGREE THAT IN NO EVENT WILL ORIGINAL CONTRIBUTOR"S AND ALL OTHER CONTRIBUTORS" TOTAL LIABILITY UNDER OR RELATED TO THIS AGREEMENT EXCEED ONE THOUSAND DOLLARS ($1000.00 US).
9.0 EXPORT CONTROL. You acknowledge that the Licensed Software hereunder is "publicly available" as
term is defined under the United States export administration regulations and i s not subject to export control under such laws and regulations. However, if You modify the Licensed Software to cha nge (or otherwise affect) such publicly available status You agree that You alone are responsible for complian ce with the United States export administration regulations and hereby indemnify the Original Contributor and al l other Contributors for any liability incurred as a result of Your actions which resulted in any change in the export
status of the Licensed Software as
10.0 U.S. GOVERNMENT RIGHTS. You may only acquire the Licensed Software on behalf of, or for delivery to, any part of the United States Government, if the Licensed Software is treat ed as commercial computer software and licensed to the Government under the terms and conditions of this Agreement , pursuant to the policies stated in 48 C.F.R. Section 12.212 (October 1995) or 48 C.F.R. Section 227.7202 (June 199 5), as applicable.
11.0 LICENSE VERSIONS. LUCENT, at its sole discretion, may from time to time publish a revised and/or new version of this Agreement (each such revised or new version shall carry a disti nguishing version number) which shall govern all copies of Licensed Software downloaded after the posting of s uch revised or new version of this Agreement.
12.0 MISCELLANEOUS. This Agreement sets forth the entire agreement and understanding between the pa rties as to the subject matter hereof and merges all prior discussions between them. This Agreement shall be governed by the laws of the State of New York, USA, excluding its conflict of law provision s. The application of the United Nations Convention of Contracts for the International Sale of Goods is expressl y excluded. YOUR DOWNLOAD, INSTALLATION AND USE, MODIFICATION OR DISTRIBUTION OF THE LICENS ED SOFTWARE IS EXPRESSLY MADE CONDITIONAL ON YOUR ASSENT TO THE TERMS SET FORTH HEREIN. You fu rther agree and acknowledge that by clicking on the "ACCEPT" button below, You shall have manifested acceptance to enter into this Agreement and shall be deemed to have manually signed and execu ted this Agreement making this an enforceable Agreement between the parties. If any provision of this Agreement is held to be unenforceable, such provision shall be reformed only to the extent necessary to make it enforceable . YOU ACKNOWLEDGE THAT YOU HAVE READ THIS AGREEMENT AND UNDERSTAND IT, AND THAT BY CLICKING ON THE "ACCEPT" BUTTON BELOW AND INSTALLING/DOWNLOADING THE SOFTWARE YOU ACCEPT AND AGREE TO BE BOUND BY THE TERMS AND CONDITIONS OF THIS A GREEMENT.
SPIN Software Public License " Version 1.0 " 05/15/01