Synogate Free IP Core License

License for Non-Commercial Use and Evaluation Version: 20230821

Preamble

This contract determines the use of “Anti-Replay Core”, referred to as “Synogate IP Core”, “IP Core”, or “Product” in this agreement.

Parties

This license for non-commercial use and evaluation is given to the user of Product, referred to as “User”, by

Synogate UG (haftungsbeschränkt)
Wegedornstr. 32
12524 Berlin
Germany

referred to as “Synogate” or “License Giver”.

Both parties can be referred to together as “Parties”.

Product

Subject of this agreement is Anti-Replay Core, an IP core implementing an algorithm as described in the corresponding documentation.

Product is delivered as an archive file (i.e. .zip file) referred to as the Distribution Package.

Product consists of the software embodied in the content of the Distribution Package and the immaterial property rights to use them. This includes but is not limited to documentation, sample configurations, and a configurable implementation of the algorithm for use in high level integrated digital circuits (“IP Core”). The latter is implemented as a Generator program, provided in Distribution Package as source code, as well as precompiled executable binaries. The Generator program can be executed with a configuration file to generate a configured variation of the IP-Core (“IP Core Variation”), and output this variation as VHDL code.

Product also includes all potential derivatives of the Generator source code, including but not limited to: The Generator executable, the Generator’s output VHDL code, as well as any netlist or other representation derived from the Generator’s output VHDL code.

All Synogate’s copyrights, patents, industry rights and other exclusive or non-exclusive, immaterial, and other rights applying to every part of Product and Product as a whole, as well as all pre-, by- and post-products such as design patterns and architectural designs of afore-mentioned code, remain with License Giver. User is merely granted the right to use Product as defined by the terms of License.

Gatery and other 3rd party Libraries

Product uses Gatery and other 3rd party libraries, identifiable by their respective license disclaimers in their source code files.

Gatery is designed to facilitate more effective development of hardware designs. Gatery is published under its own open-source license. As far as immaterial rights that are part of Gatery are part of Product, this license includes the use of these parts of Gatery. Gatery itself is not part of this license.

The license terms for using Gatery are not affected by this agreement. Any changes made to Gatery must be published as per the license terms applying to Gatery.

Equally, the license terms of the other 3rd party libraries are not affected by this license.

License

Subject of this agreement is the non-transferrable, non-exclusive permission to use Product as described in this agreement, referred to in this agreement as “License”, or “Non-commercial License”. License becomes valid with starting of the download of Product or transferring it by any other means, executing the Generator, implementing or reverse-engineering or otherwise using Product by User.

Terms of Use

Internal Use

User is allowed to copy, modify, and execute Product and all its components and derivatives for non-commercial use.

Non-commercial use is defined as any use of Product that is either

• academic use, such as learning and researching, teaching, or presenting in universities or other institutions dedicated to promotion of knowledge, if the results of this work are not sold or monetized in other forms
• private use, such as the use by a natural person for an activity that they are not being directly rewarded for monetarily and that does not primarily pursue a commercial advantage or
• demonstration, in that the use of Product may indirectly ultimately pursue commercial purposes, but the primary goal of its use is presenting and studying its workings, and a discrete, significant effort or process step separates demonstration from productive use,
• evaluation, such as the use for a limited time by a natural or a legal person with the aim of understanding parts or all of Product or its use workings, specifications, compatibility, or fitness for a commercial purpose.

Under no circumstance may Product be used in a setting where it is actually put into operation for its intended uses by end users, or as part of User‘s value chain as part of Non-commercial License.

Under no circumstance may Product be used for military or defense purposes.

Sub-license

User is not allowed to sub-license any part of Product.

Extent of License

User is allowed by the terms of this agreement to use Synogate IP Core for use as described above without limitation of time or territory. The right to use includes the right to use Synogate’s immaterial and other exclusive rights (copyrights, patents, trademarks etc.) as far as required by the use case defined in this agreement.

User does not acquire any copyrights, patents, or any other rights than the individual, non-exclusive right to use Product, as described in this agreement.

License is granted irrevocably (with the exceptions stated in this agreement, e. g. in case of violation of terms) and is not limited by time or territory.

This agreement does not allow to transfer User’s license to another party or create new licenses of their own.

All other intellectual property and other rights remain with Synogate.

User is allowed to modify or reverse-engineer all parts of Product. Any immaterial rights created by User by modifying Product will not extend License in any way. Modifications may not be sold by User, protected by immaterial property rights by User or used by User to its own profit in any other way than the use described in this agreement.

Obligations of Parties

User is obligated to ensure that their use and handling of Product does not infringe upon rights of any other party and that it does not infringe upon any applicable law. User is obligated to carefully study all 3rd party licenses and to make sure their use of Product does not infringe upon any of them. User is obligated to inform Synogate of any infringement of this agreement.

User is liable for all taxes caused by its use or handling of Product.

User must adequately attribute the use of Product in all its Product related publications.

User must not incorporate parts or all of Product and must not use them in a way that will award rights to any party not included in License, especially third-party licenses.

User is obligated to undertake all reasonable efforts to protect Synogate’s interests, especially the protection of Synogate’s immaterial property rights and confidentiality of Synogate’s technology and processes.

Violation of Terms

If any part of Product is used by User or any person or legal entity within User’s sphere of control in a way that violates the terms of this agreement, all rights transferred or created by this agreement will become null or fall back to Synogate. Any obligations of Synogate, whether explicitly stated in this agreement or not, will be null and void to the maximum extent allowed by law. Any immaterial rights arising from using Product in a way that violates the terms of this agreement will be awarded exclusively to Synogate. User will be obligated to cease all use of Product and all its parts and destroy all copies and modifications of Product and any of its parts.

If User infringes on any of their obligations according to this agreement and thereby causes damage to Synogate’s assets and interests, especially, but not exclusive to

• selling, or otherwise distributing or offering Product or any of its parts
• issuing, or offering sub-licenses for Consumer End Product that exceed the limitations stated in this agreement,

User will be liable to pay Synogate a penalty to be set by the court finding User to have violated the terms of this agreement.

Extent of Warranty

Synogate refuses any liability, guarantees, or warranties regarding all of Product’s documentation, especially its completeness or correctness. Synogate provides Product “as is” with exclusion to the maximum allowable extent of any warranty or guarantee regarding Product; Synogate does not take any warranty whatsoever for Product overall as well as all its components and products and rejects any responsibility to the greatest extent permitted by law. Synogate explicitly excludes any warranty or liability for any 3rd-party components within Product. In the same way, any warranty or liability is excluded to the maximum permittable extent for the functionality of Product in general or for any specific purpose, monetizability or monetary value, safety, compliance with all applicable laws and regulations of all territories world-wide.

If User were to be awarded any claim against Synogate regarding Product, Synogate may choose to cancel this agreement with the consequence of all rights awarded becoming null and void. Any further claims between Parties will be canceled in this case.

User must ensure the observation of best practices and adequate safety measures to avoid and minimize damage in the event of any malfunctions or other behavior of Product. User must further ensure the compliance of its possession, taxation, modification, transport, transmission, incorporation of Product or parts of Product, or any other use of Product, with any applicable law. User is reminded that design and development of Product was conducted solely with the described use case in mind; any other use of Product or any of its parts was not considered during its design and development, and is not recommended.

Closing Terms

Modifications

Modifications and deviations of this agreement must be concluded in written form. No oral or other agreements between the parties exist regarding the subject matter of this agreement.

Termination

Synogate reserves the right to revoke the license described in this agreement or any part of it in the case of a violation of these terms.

Third-party licenses

Licenses of any third parties affected using Product are in no way part of or affected by this agreement.

No use of trademarks and names

Names and Trademarks of Synogate and its products may not be used without prior written consent of Synogate; no such permission is part of this agreement.

Applicable law

Applicable law is German law. Legal disputes must be brought to the courts of Berlin, Germany.

Severability Clause

If any part of this agreement is found to be not applicable in a court of law for any reason whatsoever, the rest of the agreement remains valid, and the invalid part is to be replaced by a valid clause that reflects best the intent and interest of Parties.