IMPORTANT:
Before downloading this software carefully read the following terms and
conditions. This Software End-User License Agreement is a binding agreement
between you, the end-user, and NXP B.V. (hereinafter referred to as "NXP")
regarding the use of the software accompanying this Agreement, which includes
computer software and provided documentation (together "SOFTWARE").
By installing, copying or otherwise using the SOFTWARE, you agree to be bound
by the terms of this License Agreement.
End User License Agreement (EULA)
Compact Model Acknowledgement and Copyright Notices
COPYRIGHTS OF MEXTRAM ARE WITH NXP, DELFT UNIVERSITY OF TECHNOLOGY, SILVACO AND
AUBURN UNIVERSITY.
- UNTIL 2007 MEXTRAM HAS BEEN DEVELOPED BY NXP.
- FROM 2007 TO 2014 MEXTRAM HAS BEEN DEVELOPED BY DELFT UNIVERSITY OF
TECHNOLOGY.
- FROM 2014 TO 2015 MEXTRAM HAS BEEN DEVELOPED BY SILVACO.
- SINCE 2015 UNTIL TODAY MEXTRAM HAS BEEN DEVELOPED BY AUBURN UNIVERSITY.
- SEE ALSO: https://www.eng.auburn.edu/~niuguof/mextram
COPYRIGHTS OF PSP AND JUNCAP2 ARE WITH NXP, ARIZONA STATE UNIVERSITY, DELFT
UNIVERSITY OF TECHNOLOGY AND CEA-LETI.
- UNTIL 2011 PSP AND JUNCAP2 HAVE BEEN DEVELOPED JOINTLY BY NXP AND ARIZONA
STATE UNIVERSITY.
- FROM 2011 TO 2015 PSP AND JUNCAP2 HAVE BEEN DEVELOPED JOINTLY BY NXP AND
DELFT UNIVERSITY OF TECHNOLOGY.
- SINCE 2015 UNTIL TODAY PSP AND JUNCAP2 HAVE BEEN DEVELOPED JOINTLY BY NXP
AND CEA-LETI.
- SEE ALSO: https://www.cea.fr/cea-tech/leti/pspsupport/Pages/Welcome.aspx
COPYRIGHTS OF PSPHV ARE WITH NXP, ARIZONA STATE UNIVERSITY, DELFT UNIVERSITY
OF TECHNOLOGY AND CEA-LETI.
COPYRIGHTS OF ALL OTHER MODELS IN THE SOFTWARE ARE WITH NXP.
SUBJECT TO THE ABOVE, THIS SOFTWARE IS THE PROPERTY OF NXP B.V., ALL RIGHTS
RESERVED.
UNDER NO CIRCUMSTANCES IS THIS SOFTWARE TO BE EXPOSED TO OR PLACED UNDER AN
OPEN SOURCE LICENSE OF ANY TYPE WITHOUT THE EXPRESSED WRITTEN PERMISSION OF
NXP B.V.
1. OBJECT AND SCOPE OF THE AGREEMENT
Subject to the terms and conditions of this Agreement, NXP grants to you a
non-exclusive, worldwide, personal, non-transferable, royalty-free license
under NXP's relevant intellectual property rights embedded in the
SOFTWARE, to:
(a) internally test, evaluate, use and make modifications of the source code
portions of the SOFTWARE, and to compile such source code portions and
modifications into object code form, for use with your products;
(b) test, evaluate, use and reproduce the above-mentioned object code as well
as the object code portions of the SOFTWARE, for use with your products;
and
(c) incorporate the SOFTWARE and modifications, in object code form only, into
your products and to distribute such products.
2. LICENSE LIMITATIONS AND RESTRICTIONS
2.1 The licenses granted above in Section 1 only extend to NXP intellectual
property rights that would be infringed by the unmodified SOFTWARE prior
to your preparation of any modifications.
2.2 The SOFTWARE is licensed to you, not sold. Title to the SOFTWARE delivered
hereunder remains vested in NXP or NXP's licensor and cannot be assigned
or transferred. You are expressly forbidden from selling or otherwise
distributing the SOFTWARE or any portion thereof, except as expressly
permitted herein. This Agreement does not grant to you any implied rights
under any NXP or third party intellectual property rights.
2.3 You may not translate, reverse engineer, decompile, or disassemble the
SOFTWARE except to the extent applicable law specifically prohibits such
restriction. You must prohibit your subcontractors or customers (if
distribution is permitted) from translating, reverse engineering,
decompiling, or disassembling the SOFTWARE except to the extent applicable
law specifically prohibits such restriction.
2.4 You must reproduce any and all of NXP's (or its third-party licensor's)
copyright notices and other proprietary legends on copies of SOFTWARE.
2.5 If you distribute the SOFTWARE to the United States Government, then the
SOFTWARE is "restricted computer software" and is subject to FAR 52.227-19.
2.6 You grant to NXP a non-exclusive, non-transferable, irrevocable,
perpetual, worldwide, royalty-free, sub-licensable license under your
intellectual property rights to use without restriction and for any
purpose any suggestion, comment or other feedback related to the SOFTWARE
(including, but not limited to, error corrections and bug fixes).
2.7 You will not take or fail to take any action that could subject the
SOFTWARE to an Excluded License. An Excluded License means any license
that requires, as a condition of use, modification or distribution of
software subject to the Excluded License, that such software or other
software combined and/or distributed with the software be:
(i) disclosed or distributed in source code form;
(ii) licensed for the purpose of making derivative works; or
(iii) redistributable at no charge.
2.8 You may not publish or distribute reports associated with the use of
SOFTWARE to anyone other than NXP. You may advise NXP of any results
obtained from your use of the SOFTWARE, including any problems or
suggested improvements thereof, and NXP retains the right to use such
results and related information in any manner it deems appropriate.
2.9 Open source software included in the SOFTWARE is not licensed under the
terms of this Agreement but is instead licensed under the terms of the
applicable open source license(s), such as the BSD License, Apache License
or the GNU Lesser General Public License. Your use of the open source
software is subject to the terms of each applicable license. You must
agree to the terms of each applicable license, or you cannot use the open
source software.
2.10 Upon request, you must provide NXP the source code of any derivative of
the SOFTWARE. Unless prohibited by law, the following paragraph shall
apply:
Your modifications to the SOFTWARE, and all intellectual property rights
associated with, and title thereto, will be the property of NXP.
You agree to assign all, and hereby do assign all rights, title, and
interest to any such modifications to the SOFTWARE to NXP and agree to
provide all assistance reasonably requested by NXP to establish, preserve
or enforce such right.
Further, you agree to waive all moral rights relating to your
modifications to the SOFTWARE, including, without limitation, all rights
of identification of authorship and all rights of approval, restriction,
or limitation on use or subsequent modification.
Notwithstanding the foregoing, you will have the license rights granted in
Section 1 hereto to any such modifications made by you or your licensees.
Otherwise, you agree to grant an irrevocable, worldwide, and perpetual
license to NXP to make, have made, use, sell, offer to sell, import,
commercialize, sublicense and reproduce your modifications or derivative
works to the SOFTWARE without any payment to Licensee. You agree to
provide all assistance reasonably requested by NXP to establish, preserve
or enforce such right.
3. DISCLAIMER OF WARRANTIES
TO THE MAXIMUM EXTENT PERMITTED BY LAW, NXP EXPRESSLY DISCLAIMS ANY
WARRANTY FOR THE SOFTWARE. THE SOFTWARE IS PROVIDED "AS IS", WITHOUT
WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING WITHOUT
LIMITATION THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A
PARTICULAR PURPOSE, OR NON-INFRINGEMENT. YOU ASSUME THE ENTIRE RISK
ARISING OUT OF THE USE OR PERFORMANCE OF THE SOFTWARE, OR ANY SYSTEMS YOU
DESIGN USING THE SOFTWARE (IF ANY). NXP DOES NOT WARRANT THAT THE
FUNCTIONS CONTAINED WILL MEET YOUR REQUIREMENTS OR THAT THE OPERATION WILL
BE UNINTERRUPTED OR ERROR FREE. THEY ARE NOT OPTIMISED IN TERMS OF SPEED
OR SIZE. THE ENTIRE RISK AS TO THE RESULTS AND PERFORMANCE OF USE IS
ASSUMED BY YOU.
4. LIMITATION OF LIABILITY
IN NO EVENT WILL NXP BE LIABLE TO YOU FOR ANY LOSS OF USE, INTERRUPTION OF
BUSINESS, OR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL
DAMAGES OF ANY KIND (INCLUDING LOST PROFITS) REGARDLESS OF THE FORM OF
ACTION WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT PRODUCT
LIABILITY OR OTHERWISE, EVEN IF ENDUSER HAS BEEN ADVISED OF THE
POSSIBILITY OF SUCH DAMAGES.
Some states or jurisdictions do not allow the exclusion or limitation of
incidental or consequential damages, so the above limitation, exclusion or
parts of it may not apply to you.
5. EXPORT COMPLIANCE.
Each party shall comply with all applicable export and import control laws
and regulations including but not limited to the US Export Administration
Regulation (including restrictions on certain military end uses and
military end users as specified in Section 15 C.F.R. § 744.21 and
prohibited party lists issued by other federal governments), Catch-all
regulations and all national and international embargoes. Each party
further agrees that it will not knowingly transfer, divert, export or
re-export, directly or indirectly, any product, software, including
software source code, or technology restricted by such regulations or by
other applicable national regulations, received from the other party under
this Agreement, or any direct product of such software or technical data
to any person, firm, entity, country or destination to which such
transfer, diversion, export or re-export is restricted or prohibited,
without obtaining prior written authorization from the applicable
competent government authorities to the extent required by those laws.
6. CHOICE OF LAW; VENUE This Agreement will be governed by, construed, and
enforced in accordance with the laws of The Netherlands, without regard to
conflicts of laws principles, will apply to all matters relating to this
Agreement or the SOFTWARE, and you agree that any litigation will be
subject to the exclusive jurisdiction of the courts of Amsterdam, The
Netherlands. The United Nations Convention on Contracts for the
International Sale of Goods will not apply to this document