XILINX LOGICORE™ PCI PRODUCTS LICENSE AGREEMENT
PLEASE READ THIS DOCUMENT CAREFULLY BEFORE USING THE XILINX LOGICORE PCI MASTER INTERFACE OR PCI SLAVE INTERFACE
DESIGN. UNLESS YOU HAVE A SEPARATE WRITTEN LICENSE EXECUTED BY XILINX COVERING YOUR USE OF THE DESIGN, BY USING
THE DESIGN, YOU ARE AGREEING TO BE BOUND BY THE TERMS OF THIS LICENSE.
1. License. XILINX, INC. ("XILINX") hereby grants you a nonexclusive, non-transferable license
to use the LOGICORE PCI MASTER/SLAVE INTERFACE design (the "Design"), solely for your use in developing
designs for XILINX programmable logic devices or XILINX HardWire™ devices. Use of the Design in non-XILINX devices
or technologies is prohibited unless you have entered into a separate written agreement with XILINX for such use.
XILINX retains title to the Design and to any patents, copyrights, trade secrets and other intellectual property
rights therein. To protect such intellectual property rights, you may not decompile, reverse engineer, disassemble,
or otherwise reduce the Design to a human - perceivable form. You may not modify or prepare derivative works of
the Design in whole or in part, except with respect to any source code for the Design supplied by XILINX. This
License allows you to make an unlimited number of copies of any source code, schematics and other documentation
supplied by XILINX for the Design for internal use only, including without limitation modified versions thereof,
provided you reproduce on each such copy the copyright and any other proprietary legends that were on the original
copy.
2. Termination. This License is effective until terminated. You may terminate this License at any time
by destroying the Design and all copies thereof. This License will terminate immediately without notice from XILINX
if you fail to comply with any provision of this License. Upon termination you must destroy the Design and all
copies thereof.
3. Governmental Use. The Design is commercial computer software developed exclusively at Xilinx's expense.
Accordingly, pursuant to the Federal Acquisition Regulations (FAR) Section 12.212 and Defense FAR Supplement Section
227.7202, use, duplication and disclosure of the Design by or for the Government is subject to the restrictions
set forth in this License Agreement. Manufacturer is XILINX, INC., 2100 Logic Drive, San Jose, California 95124
4. Limited Warranty and Disclaimer. THE DESIGN IS PROVIDED TO YOU "AS IS". XILINX AND ITS LICENSORS
MAKE AND YOU RECEIVE NO WARRANTIES OR CONDITIONS, EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, AND XILINX SPECIFICALLY
DISCLAIMS ANY IMPLIED WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT, OR FITNESS FOR A PARTICULAR PURPOSE. XILINX
does not warrant that the functions contained in the Design will meet your requirements, or that the operation
of the Design will be uninterrupted or error free, or that defects in the Design will be corrected. Furthermore,
XILINX does not warrant or make any representations regarding use or the results of the use of the Design in terms
of correctness, accuracy, reliability or otherwise.
5. Limitation of Liability. IN NO EVENT WILL XILINX OR ITS LICENSORS BE LIABLE FOR ANY LOSS OF DATA,
LOST PROFITS, COST OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES, OR FOR ANY SPECIAL, INCIDENTAL, CONSEQUENTIAL
OR INDIRECT DAMAGES ARISING FROM THE USE OR OPERATION OF THE DESIGN OR ACCOMPANYING DOCUMENTATION, HOWEVER CAUSED
AND ON ANY THEORY OF LIABILITY. THIS LIMITATION WILL APPLY EVEN IF XILINX HAS BEEN ADVISED OF THE POSSIBILITY OF
SUCH DAMAGE. THIS LIMITATION SHALL APPLY NOTWITHSTANDING THE FAILURE OF THE ESSENTIAL PURPOSE OF ANY LIMITED REMEDIES
HEREIN.
6. Export Restriction. You agree that you will not export or re-export the Design, reference images or
accompanying documentation in any form without the appropriate United States and foreign government licenses. Your
failure to comply with this provision is a material breach of this Agreement.
7. Third Party Beneficiary. You understand that portions of the Design and related documentation may
have been licensed to XILINX from third parties and that such third parties are intended third party beneficiaries
of the provisions of this Agreement.
8. Non-Transferable. You may not provide design source information including, but not limited to, schematics,
hardware description language source code, or netlist files, to a third party without prior written approval from
XILINX. You may provide device programming files-XILINX bit-stream files or PROM files-or the resulting HardWire
gate array to third parties without prior approval.
9. Interoperability. If you acquired the Design in the European Union (EU), even if you believe you require
information related to the interoperability of the Design with other programs, you shall not de-compile or disassemble
the Design to obtain such information, and you agree to request such information from Xilinx at the address listed
above. Upon receiving such a request, Xilinx shall determine whether you require such information for a legitimate
purpose and, if so, Xilinx will provide such information to you within a reasonable time and on reasonable conditions.
10. Governing Law. This License shall be governed by the laws of the State of California, without reference
to conflict of laws principles, provided that if the Design is acquired in the EU, this License shall be governed
by the laws of the Republic of Ireland. The local language version of this License shall apply to any Design acquired
in the EU. Irish law provides that certain conditions and warranties may be implied in contracts for the sale of
goods and in contracts for the supply of services. Such conditions and warranties are hereby excluded, to the extent
such exclusion, in the context of this transaction, is lawful under Irish law. Conversely, such conditions and
warranties, insofar as they may not be lawfully excluded, shall apply. Accordingly nothing in this License shall
prejudice any rights that you may enjoy by virtue of Sections 12, 13, 14 or 15 of the Irish Sale of Goods Act 1893
(as amended).
11. General. If for any reason a court of competent jurisdiction finds any provision of this License,
or portion thereof, to be unenforceable, that provision of the License shall be replaced to the maximum extent
permissible so as to effectuate the intent of the parties, and the remainder of this License shall continue in
full force and effect. This License constitutes the entire agreement between the parties with respect to the use
of this Design and related documentation, and supersedes all prior or contemporaneous understandings or agreements,
written or oral, regarding such subject matter.
Rev. 4/99
|
