MicroCore Exploratory LicenseVersion 1.0
This license is about synthesizable hardware code, compilers, hardware interfaces and application programming interfaces.
This license allows you to do two things:
a) to use the code or modifications thereof in an embedded form to create Prototypes free of charge and free of any obligations, and
b) to contribute to the code and to release modified or extended versions under the same license terms, including the use, and/or granting the use of patents which may be necessary to use said code.
This license does NOT allow you to create and offer for sale a Product. The latter requires a unilateral license agreement with the Initial Developer, which will be granted free of charge without restriction under the condition that You are co-operating with a support entity (e.g. university) that supports your use of Covered Code.
As the initial developer I reserve the right to authorize entities to certify compatibility of modified or extended code with the original code at a reasonable charge. This is the Initial Developer's only business interest in the Original Code or Executables thereof besides using it to create smart products.
2 Definitions2.1 "Contributor"
means each entity that creates or contributes to the creation of Modifications for any use except to create a Product.2.2 "Contributor Version"
means the combination of the Original Code, prior Modifications used by a Contributor, and the Modifications made by that particular Contributor.2.3 "Covered Code"
means the Original Code or Modifications or the combination of the Original Code and Modifications, in each case including portions thereof.2.4 "Electronic Distribution Mechanism"
means a mechanism generally accepted in the Software development community for the electronic transfer of data.2.5 "Executable"
means Covered Code in any form other than Source Code. This includes FPGA configuration bit images as well as technology specific netlists.2.6 "Initial Developer"
means the individual or entity identified as the Initial Developer in the Source Code notice required by Exhibit A.2.7 "Larger Work"
means a work which combines Covered Code or portions thereof with code not governed by the terms of this License.2.8 "License"
means this document.2.9 "Modifications"
means any addition to or deletion from the substance or structure of either the Original Code or any previous Modifications. When Covered Code is released as a series of files instead of just being used to create a Prototype, a Modification is:
(a) Any addition to or deletion from the contents of a file containing Original Code or previous Modifications.
(b) Any new file that contains any part
of the Original Code or previous Modifications.2.10 "Original Code"
means Source Code of hardware description or computer software code which is described in the Source Code notice required by Exhibit A as Original Code, and which, at the time of its release under this License is not already Covered Code governed by this License.2.11 "Product"
means any entity, which You create or manufacture, or which has been created or manufactured on your behalf using Covered Code in the development process and that is not itself Covered Code or a Larger Work, which is offered for sale in any form.2.12 "Prototype"
means any entity, which You create using Covered Code in the development process and that is not itself Covered Code or a Larger Work.2.13 "Source Code"
means the preferred form of the Covered Code for making modifications to it, including all modules it contains, plus any associated interface definition files, scripts used to control synthesis, compilation, simulation or installation of an Executable, or a list of source code differential comparisons against either the Original Code or another well known, available Covered Code of the Contributor's choice. The Source Code can be in a compressed or archival form, provided the appropriate decompression or dearchiving software is widely available for no charge.2.14 "Validator"
means each entity that has been authorized by the Initial Developer to certify compatibility of a specific Covered Code with the Original Code.2.15 "You"
means an individual or a legal entity exercising rights under, and complying with all of the terms of this License or a future version of this License issued under Section 6.1. For legal entities, "You" includes any entity which controls, is controlled by, or is under common control with You. For purposes of this definition, "control" means (a) the power, direct or indirect, to cause the direction or management of such entity, whether by contract or otherwise, or (b) ownership of fifty percent (50%) or more of the outstanding shares or beneficial ownership of such entity.
3 Source Code License.3.1 The Initial Developer Grant
The Initial Developer hereby grants You a world-wide, royalty-free, non-exclusive license, subject to third party intellectual property claims:
(a) to use, reproduce, modify, display, perform, sublicense and distribute the Original Code (or portions thereof) with or without Modifications, or as part of a Larger Work; and
(b) under Patents now or hereafter owned or controlled by Initial Developer, to make, have made, and use the Original Code (or portions thereof), but solely to the extent that any such patent is reasonably necessary to enable You to utilize the Original Code (or portions thereof) and not to any greater extent that may be necessary to utilize further Modifications or combinations,
(c) under the condition that You may not claim compatibility of Covered Code with the Original Code unless certified by a Validator.3.2 Contributor Grant
Each Contributor hereby grants You a world-wide, royalty-free, non-exclusive license, subject to third party intellectual property claims:
(a) to use, reproduce, modify, display, perform, sublicense and distribute the Modifications created by such Contributor (or portions thereof) either on an unmodified basis, with other Modifications, as Covered Code or as part of a Larger Work; and
(b) under patents now or hereafter owned or controlled by Contributor, to Utilize the Contributor Version (or portions thereof), but solely to the extent that any such patent is reasonably necessary to enable You to Utilize the Contributor Version (or portions thereof), and not to any greater extent that may be necessary to Utilize further Modifications or combinations,
(c) under the condition that You may not claim compatibility of Covered Code with the Contributor Version unless certified by a Validator.
4 Distribution Obligations4.1 Application of License
The Modifications which You create or to which You contribute are governed by the terms of this License, including without limitation Section 3.2 unless solely used to create a Prototype. The Source Code version of Covered Code may be distributed only under the terms of this License or a future version of this License released under Section 7.1, and You must include a copy of this License with every copy of the Source Code You distribute. You may not offer or impose any terms on any Source Code version that alters or restricts the applicable version of this License or the recipients' rights hereunder. However, You may include an additional document offering the additional rights described in Section 126.96.36.199 Availability of Source Code
Any Modifications which You create or to which You contribute to be released as a series of files must be made available in Source Code form under the terms of this License via an accepted Electronic Distribution Mechanism to anyone to whom you made an Executable version available; and if made available via Electronic Distribution Mechanism, must remain available for at least twelve (12) months after the date it initially became available, or at least six (6) months after a subsequent version of that particular Modification has been made available to such recipients. You are responsible for ensuring that the Source Code version remains available even if the Electronic Distribution Mechanism is maintained by a third party.4.3 Description of Modifications
You must cause all Covered Code to which you contribute to contain a file documenting the changes You made to create that Covered Code and the date of any change. You must include a prominent statement that the Modification is derived, directly or indirectly, from Original Code provided by the Initial Developer and including the name of the Initial Developer in (a) the Source Code, and (b) in any notice in an Executable version or related documentation in which You describe the origin or ownership of the Covered Code. Under no circumstances may you claim compatibility with the Original Version unless certified by a Validator.4.4 Intellectual Property Matters
(a) Third Party Claims.
(b) Contributor APIs.
You must duplicate the notice in Exhibit A in each file of the Source Code, and this License in any documentation for the Source Code, where You describe recipients' rights relating to Covered Code. If You created one or more Modification(s), You may add your name as a Contributor to the notice described in Exhibit A. If it is not possible to put such notice in a particular Source Code file due to its structure, then you must include such notice in a location (such as a relevant directory file) where a user would be likely to look for such a notice. You may choose to offer, and to charge a fee for, warranty, support, validation, indemnity or liability obligations to one or more recipients of Covered Code. However, You may do so only on Your own behalf, and not an behalf of the Initial Developer or any Contributor. You must make it absolutely clear that any such warranty, support, indemnity or liability obligation is offered by You alone, and You hereby agree to indemnify the Initial Developer and every Contributor for any liability incurred by the Initial Developer or such Contributor as a result of warranty, support, validation, indemnity or liability terms You offer.4.6 Distribution of Executable Versions.
You may distribute Covered Code in Executable form only if the requirements of Section 4.1-4.5 have been met for that Covered Code, and if You include a notice stating that the Source Code version of the Covered Code is available under the terms of this License, including a description of how and where You have fulfilled the obligations of Section 4.2. The notice must be conspicuously included in any notice in an Executable version, related documentation or collateral in which You describe recipients' rights relating to the Covered Code. You may distribute the Executable version of Covered Code under a license of Your choice, which may contain terms different from this License, provided that You are in compliance with the terms of this License and that the license for the Executable version does not attempt to limit or alter the recipient's rights in the Source Code version from the rights set forth in this License. If You distribute the Executable version under a different license You must make it absolutely clear that any terms which differ from this License are offered by You alone, not by the Initial Developer or any Contributor. You hereby agree to indemnify the Initial Developer and every Contributor for any liability incurred by the Initial Developer or such Contributor as a result of any such terms You offer.4.7 Larger Works.
You may create a Larger Work by combining Covered Code with other code not governed by the terms of this License and distribute the Larger Work as a single product. In such a case, You must make sure the requirements of this License are fulfilled for the Covered Code.
5 Inability to Comply Due to Statute or Regulation.
If it is impossible for You to comply with any of the terms of this License with respect to some or all of the Covered Code due to statute or regulation then You must: (a) comply with the terms of this License to the maximum extent possible; and (b) describe the limitations and the code they affect. Such description must be included in the LEGAL file described in Section 3.4 and must be included with all distributions of the Source Code. Except to the extent prohibited by statute or regulation, such description must be sufficiently detailed for a recipient of ordinary skill to be able to understand it.
6 Application of this License
This License applies to code to which the Initial Developer has attached the notice in Exhibit A, and to related Covered Code.
7 Versions of the License7.1 New Versions
The Initial Developer may publish revised and/or new versions of the License from time to time. Each version will be given a distinguishing version number.7.2 Effect of New Versions
Once Covered Code has been published under a particular version of the License, You may always continue to use it under the terms of that version. You may also choose to use such Covered Code under the terms of any subsequent version of the License published by Initial Developer. No one other than Initial Developer has the right to modify the terms applicable to Covered Code created under this License.7.3 Derivative Works
If you create or use a modified version of this License (which you may only do in order to apply it to code which is not already Covered Code governed by this License), you must (a) rename Your license so that the phrase "MicroCore" or any confusingly similar phrase does not appear anywhere in your license and (b) otherwise make it clear that your version of the license contains terms which differ from the MicroCore Exploratory License. (Filling in the name of the Initial Developer, Original Code or Contributor in the notice described in Exhibit A shall not of themselves be deemed to be modifications of this License.)
8 Disclaimer of Warranty
COVERED CODE IS PROVIDED UNDER THIS LICENSE ON AN "AS IS" BASIS, WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING, WITHOUT LIMITATION, WARRANTIES THAT THE COVERED CODE IS FREE OF DEFECTS, MERCHANTABLE, FIT FOR A PARTICULAR PURPOSE OR DOES NOT INFRINGE THE INTELLECTUAL PROPERTY RIGHTS (COPYRIGHT, PATENT, OR ANY OTHER RIGHT) OF ANY THIRD PARTY. THE ENTIRE RISK AS TO THE QUALITY AND PERFORMANCE OF THE COVERED CODE IS WITH YOU. SHOULD ANY COVERED CODE PROVE DEFECTIVE IN ANY RESPECT, YOU (NOT THE INITIAL DEVELOPER OR ANY OTHER CONTRIBUTOR) ASSUME THE COST OF ANY NECESSARY SERVICING, REPAIR OR CORRECTION. THIS DISCLAIMER OF WARRANTY CONSTITUTES AN ESSENTIAL PART OF THIS LICENSE. NO USE OF ANY COVERED CODE IS AUTHORIZED HEREUNDER EXCEPT UNDER THIS DISCLAIMER.
This License and the rights granted hereunder will terminate automatically if You fail to comply with terms herein and fail to cure such breach within 30 days of becoming aware of the breach. All sublicenses to the Covered Code which are properly granted shall survive any termination of this License. Provisions which, by their nature, must remain in effect beyond the termination of this License shall survive.
10 Limitation of Liability
EXCEPT AS EXPRESSLY PROVIDED IN THIS AGREEMENT, IN NO EVENT SHALL THE INITIAL DEVELOPER, ANY OTHER CONTRIBUTOR, OR ANY DISTRIBUTOR OF COVERED CODE, OR ANY SUPPLIER OF ANY OF SUCH PARTIES BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES RESULTING FROM ITS PERFORMANCE OR FAILURE TO PERFORM UNDER THIS AGREEMENT, OR THE FURNISHING, PERFORMANCE, OR USE OF: (I) ANY HARDWARE DESCRIPTION CODE, SOFTWARE, INTELLECTUAL PROPERTY, AND TRANSFER MATERIALS LICENSED HEREBY, OR (II) THE DELIVERABLES ASSIGNED HEREBY. HOWEVER, THIS DOES NOT EXCLUDE LIABILITY FOR DEATH OR PERSONAL INJURY RESULTING FROM EITHER PARTY'S NEGLIGENCE.
This License represents the complete agreement concerning subject matter hereof. If any provision of this License is held to be unenforceable, such provision shall be reformed only to the extent necessary to make it enforceable. This License shall be governed by German law provisions (except to the extent applicable law, if any, provides otherwise), excluding its conflict-of-law provisions. With respect to disputes in which at least one party is a citizen of, or an entity chartered or registered to do business in, Europe: (a) unless otherwise agreed in writing, all disputes relating to this License (excepting any dispute relating to intellectual property rights) shall be subject to final and binding arbitration, with the losing party paying all costs of arbitration; (b) any arbitration relating to this Agreement shall be held in Hamburg, Germany, under the auspices of the German Maritime Arbitration Association (www.gmaa.de); and (c) any litigation relating to this Agreement shall be subject to the jurisdiction of the Court of Hamburg, with the losing party responsible for costs, including without limitation, court costs and reasonable attorneys fees and expenses. The application of the United Nations Convention on Contracts for the International Sale of Goods is expressly excluded. Any law or regulation which provides that the language of a contract shall be construed against the drafter shall not apply to this License.
12 Responsibility for Claims
Except in cases where another Contributor has failed to comply with Section 4.4, You are solely responsible for damages arising, directly or indirectly, out of Your utilization of rights under this License, based on the number of copies of Covered Code you made available, the revenues you received from utilizing such rights, and other relevant factors. You agree to work with affected parties to distribute responsibility on an equitable basis.
-- Do not use this file except in compliance with the License. You may -- obtain a copy of the License at http://www.microcore.org/License/ -- Software distributed under the License is distributed on an "AS IS" basis, -- WITHOUT WARRANTY OF ANY KIND, either express or implied. -- See the License for the specific language governing rights and limitations -- under the License. -- The Original Code is