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1 vapier 1.1 SOFTWARE LICENSE AGREEMENT
2    
3     IMPORTANT – USE OF THIS SOFTWARE IS SUBJECT TO LICENSE RESTRICTIONS
4     CAREFULLY READ THIS LICENSE AGREEMENT BEFORE USING THE SOFTWARE
5    
6     This license is a legal “Agreement” concerning the use of Software between you, the end user,
7     either individually or as an authorized representative of the company purchasing the license, and Mentor
8     Graphics Corporation, Mentor Graphics (Ireland) Limited, Mentor Graphics (Singapore) Private Limited, and
9     their majority-owned subsidiaries (“Mentor Graphics”). USE OF SOFTWARE INDICATES YOUR COMPLETE AND
10     UNCONDITIONAL ACCEPTANCE OF THE TERMS AND CONDITIONS SET FORTH IN THIS AGREEMENT. If you do not agree to
11     these terms and conditions, promptly return or, if received electronically, certify destruction of Software
12     and all accompanying items within 10 days after receipt of Software and receive a full refund of any
13     license fee paid.
14    
15     END USER LICENSE AGREEMENT
16    
17     1. GRANT OF LICENSE. The software programs you are installing, downloading, or have acquired with this
18     Agreement, including any updates, modifications, revisions, copies, and documentation (“Software”)
19     are copyrighted, trade secret and confidential information of Mentor Graphics or its licensors who maintain
20     exclusive title to all Software and retain all rights not expressly granted by this Agreement. Mentor
21     Graphics or its authorized distributor grants to you, subject to payment of appropriate license fees, a
22     nontransferable, nonexclusive license to use Software solely: (a) in machine-readable, object-code form;
23     (b) for your internal business purposes; and (c) on the computer hardware or at the site for which an
24     applicable license fee is paid, or as authorized by Mentor Graphics. A site is restricted to a one-half
25     mile (800 meter) radius. Mentor Graphics’ then-current standard policies, which vary depending on
26     Software, license fees paid or service plan purchased, apply to the following and are subject to change:
27     (a) relocation of Software; (b) use of Software, which may be limited, for example, to execution of a
28     single session by a single user on the authorized hardware or for a restricted period of time (such
29     limitations may be communicated and technically implemented through the use of authorization codes or
30     similar devices); (c) eligibility to receive updates, modifications, and revisions; and (d) support
31     services provided. Current standard policies are available upon request.
32    
33     2. ESD SOFTWARE. If you purchased a license to use embedded software development (“ESD”) Software,
34     Mentor Graphics or its authorized distributor grants to you a nontransferable, nonexclusive license to
35     reproduce and distribute executable files created using ESD compilers, including the ESD run-time libraries
36     distributed with ESD C and C++ compiler Software that are linked into a composite program as an integral
37     part of your compiled computer program, provided that you distribute these files only in conjunction with
38     your compiled computer program. Mentor Graphics does NOT grant you any right to duplicate or incorporate
39     copies of Mentor Graphics' real-time operating systems or other ESD Software, except those explicitly
40     granted in this section, into your products without first signing a separate agreement with Mentor Graphics
41     for such purpose.
42    
43     3. BETA CODE.
44     3.1 Portions or all of certain Software may contain code for experimental testing and evaluation (“Beta
45     Code”), which may not be used without Mentor Graphics’ explicit authorization. Upon Mentor
46     Graphics’ authorization, Mentor Graphics grants to you a temporary, nontransferable, nonexclusive
47     license for experimental use to test and evaluate the Beta Code without charge for a limited period of time
48     specified by Mentor Graphics. This grant and your use of the Beta Code shall not be construed as marketing
49     or offering to sell a license to the Beta Code, which Mentor Graphics may choose not to release
50     commercially in any form.
51     3.2 If Mentor Graphics authorizes you to use the Beta Code, you agree to evaluate and test the Beta Code
52     under normal conditions as directed by Mentor Graphics. You will contact Mentor Graphics periodically
53     during your use of the Beta Code to discuss any malfunctions or suggested improvements. Upon completion of
54     your evaluation and testing, you will send to Mentor Graphics a written evaluation of the Beta Code,
55     including its strengths, weaknesses and recommended improvements.
56     3.3 You agree that any written evaluations and all inventions, product improvements, modifications or
57     developments that Mentor Graphics conceives or makes during or subsequent to this Agreement, including
58     those based partly or wholly on your feedback, will be the exclusive property of Mentor Graphics. Mentor
59     Graphics will have exclusive rights, title and interest in all such property. The provisions of this
60     subsection shall survive termination or expiration of this Agreement.
61    
62    
63     4. RESTRICTIONS ON USE. You may copy Software only as reasonably necessary to support the authorized use.
64     Each copy must include all notices and legends embedded in Software and affixed to its medium and container
65     as received from Mentor Graphics. All copies shall remain the property of Mentor Graphics or its licensors.
66     You shall maintain a record of the number and primary location of all copies of Software, including copies
67     merged with other software, and shall make those records available to Mentor Graphics upon request. You
68     shall not make Software available in any form to any person other than your employer's employees and
69     contractors, excluding Mentor Graphics' competitors, whose job performance requires access. You shall take
70     appropriate action to protect the confidentiality of Software and ensure that any person permitted access
71     to Software does not disclose it or use it except as permitted by this Agreement. Except as otherwise
72     permitted for purposes of interoperability as specified by the European Union Software Directive or local
73     law, you shall not reverse-assemble, reverse-compile, reverse-engineer or in any way derive from Software
74     any source code. You may not sublicense, assign or otherwise transfer Software, this Agreement or the
75     rights under it without Mentor Graphics’ prior written consent. The provisions of this section shall
76     survive the termination or expiration of this Agreement.
77    
78     5. LIMITED WARRANTY.
79     5.1 Mentor Graphics warrants that during the warranty period Software, when properly installed, will
80     substantially conform to the functional specifications set forth in the applicable user manual. Mentor
81     Graphics does not warrant that Software will meet your requirements or that operation of Software will be
82     uninterrupted or error free. The warranty period is 90 days starting on the 15th day after delivery or upon
83     installation, whichever first occurs. You must notify Mentor Graphics in writing of any nonconformity
84     within the warranty period. This warranty shall not be valid if Software has been subject to misuse,
85     unauthorized modification or installation. MENTOR GRAPHICS' ENTIRE LIABILITY AND YOUR EXCLUSIVE REMEDY
86     SHALL BE, AT MENTOR GRAPHICS' OPTION, EITHER (A) REFUND OF THE PRICE PAID UPON RETURN OF SOFTWARE TO MENTOR
87     GRAPHICS OR (B) MODIFICATION OR REPLACEMENT OF SOFTWARE THAT DOES NOT MEET THIS LIMITED WARRANTY, PROVIDED
88     YOU HAVE OTHERWISE COMPLIED WITH THIS AGREEMENT. MENTOR GRAPHICS MAKES NO WARRANTIES WITH RESPECT TO: (A)
89     SERVICES; (B) SOFTWARE WHICH IS LOANED TO YOU FOR A LIMITED TERM OR AT NO COST; OR (C) EXPERIMENTAL BETA
90     CODE; ALL OF WHICH ARE PROVIDED “AS IS.”
91     5.2 THE WARRANTIES SET FORTH IN THIS SECTION 5 ARE EXCLUSIVE. NEITHER MENTOR GRAPHICS NOR ITS LICENSORS
92     MAKE ANY OTHER WARRANTIES, EXPRESS OR IMPLIED, WITH RESPECT TO SOFTWARE OR OTHER MATERIAL PROVIDED UNDER
93     THIS AGREEMENT. MENTOR GRAPHICS AND ITS LICENSORS SPECIFICALLY DISCLAIM ALL IMPLIED WARRANTIES OF
94     MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE.
95    
96    
97     6. LIMITATION OF LIABILITY. EXCEPT WHERE THIS EXCLUSION OR RESTRICTION OF LIABILITY WOULD BE VOID OR
98     INEFFECTIVE UNDER APPLICABLE STATUTE OR REGULATION, IN NO EVENT SHALL MENTOR GRAPHICS OR ITS LICENSORS BE
99     LIABLE FOR INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES (INCLUDING LOST PROFITS OR SAVINGS)
100     WHETHER BASED ON CONTRACT, TORT OR ANY OTHER LEGAL THEORY, EVEN IF MENTOR GRAPHICS OR ITS LICENSORS HAVE
101     BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT SHALL MENTOR GRAPHICS' OR ITS LICENSORS'
102     LIABILITY UNDER THIS AGREEMENT EXCEED THE AMOUNT PAID BY YOU FOR THE SOFTWARE OR SERVICE GIVING RISE TO THE
103     CLAIM. IN THE CASE WHERE NO AMOUNT WAS PAID, MENTOR GRAPHICS AND ITS LICENSORS SHALL HAVE NO LIABILITY FOR
104     ANY DAMAGES WHATSOEVER.
105    
106     7. LIFE ENDANGERING ACTIVITIES. NEITHER MENTOR GRAPHICS NOR ITS LICENSORS SHALL BE LIABLE FOR ANY DAMAGES
107     RESULTING FROM OR IN CONNECTION WITH THE USE OF SOFTWARE IN ANY APPLICATION WHERE THE FAILURE OR INACCURACY
108     OF THE SOFTWARE MIGHT RESULT IN DEATH OR PERSONAL INJURY. YOU AGREE TO INDEMNIFY AND HOLD HARMLESS MENTOR
109     GRAPHICS AND ITS LICENSORS FROM ANY CLAIMS, LOSS, COST, DAMAGE, EXPENSE, OR LIABILITY, INCLUDING ATTORNEYS'
110     FEES, ARISING OUT OF OR IN CONNECTION WITH SUCH USE.
111    
112     8. INFRINGEMENT.
113     8.1 Mentor Graphics will defend or settle, at its option and expense, any action brought against you
114     alleging that Software infringes a patent or copyright in the United States, Canada, Japan, Switzerland,
115     Norway, Israel, Egypt, or the European Union. Mentor Graphics will pay any costs and damages finally
116     awarded against you that are attributable to the claim, provided that you: (a) notify Mentor Graphics
117     promptly in writing of the action; (b) provide Mentor Graphics all reasonable information and assistance to
118     settle or defend the claim; and (c) grant Mentor Graphics sole authority and control of the defense or
119     settlement of the claim.
120    
121     8.2 If an infringement claim is made, Mentor Graphics may, at its option and expense, either (a) replace or
122     modify Software so that it becomes noninfringing, or (b) procure for you the right to continue using
123     Software. If Mentor Graphics determines that neither of those alternatives is financially practical or
124     otherwise reasonably available, Mentor Graphics may require the return of Software and refund to you any
125     license fee paid, less a reasonable allowance for use.
126     8.3 Mentor Graphics has no liability to you if the alleged infringement is based upon: (a) the combination
127     of Software with any product not furnished by Mentor Graphics; (b) the modification of Software other than
128     by Mentor Graphics; (c) the use of other than a current unaltered release of Software; (d) the use of
129     Software as part of an infringing process; (e) a product that you design or market; (f) any Beta Code
130     contained in Software; or (g) any Software provided by Mentor Graphics’ licensors which do not provide
131     such indemnification to Mentor Graphics’ customers.
132     8.4 THIS SECTION 8 STATES THE ENTIRE LIABILITY OF MENTOR GRAPHICS AND ITS LICENSORS AND YOUR SOLE AND
133     EXCLUSIVE REMEDY WITH RESPECT TO ANY ALLEGED PATENT OR COPYRIGHT INFRINGEMENT BY ANY SOFTWARE LICENSED
134     UNDER THIS AGREEMENT.
135    
136     9. TERM. This Agreement remains effective until expiration or termination. This Agreement will
137     automatically terminate if you fail to comply with any term or condition of this Agreement or if you fail
138     to pay for the license when due and such failure to pay continues for a period of 30 days after written
139     notice from Mentor Graphics. If Software was provided for limited term use, this Agreement will
140     automatically expire at the end of the authorized term. Upon any termination or expiration, you agree to
141     cease all use of Software and return it to Mentor Graphics or certify deletion and destruction of Software,
142     including all copies, to Mentor Graphics’ reasonable satisfaction.
143    
144     10. EXPORT. Software is subject to regulation by local laws and United States government agencies, which
145     prohibit export or diversion of certain products, information about the products, and direct products of
146     the products to certain countries and certain persons. You agree that you will not export in any manner any
147     Software or direct product of Software, without first obtaining all necessary approval from appropriate
148     local and United States government agencies.
149    
150     11. RESTRICTED RIGHTS NOTICE. Software has been developed entirely at private expense and is commercial
151     computer software provided with RESTRICTED RIGHTS. Use, duplication or disclosure by the U.S. Government or
152     a U.S. Government subcontractor is subject to the restrictions set forth in the license agreement under
153     which Software was obtained pursuant to DFARS 227.7202-3(a) or as set forth in subparagraphs (c)(1) and (2)
154     of the Commercial Computer Software - Restricted Rights clause at FAR 52.227-19, as applicable.
155     Contractor/manufacturer is Mentor Graphics Corporation, 8005 Boeckman Road, Wilsonville, Oregon 97070-7777
156     USA.
157    
158     12. Third Party Beneficiary. For any Software under this Agreement licensed by Mentor Graphics from
159     Microsoft or other licensors, Microsoft or the applicable licensor is a third party beneficiary of this
160     Agreement with the right to enforce the obligations set forth in this Agreement.
161    
162     13. CONTROLLING LAW. This Agreement shall be governed by and construed under the laws of Ireland if the
163     Software is licensed for use in Israel, Egypt, Switzerland, Norway, South Africa, or the European Union,
164     the laws of Japan if the Software is licensed for use in Japan, the laws of Singapore if the Software is
165     licensed for use in Singapore, People’s Republic of China, Republic of China, India, or Korea, and the
166     laws of the state of Oregon if the Software is licensed for use in the United States of America, Canada,
167     Mexico, South America or anywhere else worldwide not provided for in this section.
168    
169     14. SEVERABILITY. If any provision of this Agreement is held by a court of competent jurisdiction to be
170     void, invalid, unenforceable or illegal, such provision shall be severed from this Agreement and the
171     remaining provisions will remain in full force and effect.
172    
173     15. MISCELLANEOUS. This Agreement contains the entire understanding between the parties relating to its
174     subject matter and supersedes all prior or contemporaneous agreements, including but not limited to any
175     purchase order terms and conditions, except valid license agreements related to the subject matter of this
176     Agreement which are physically signed by you and an authorized agent of Mentor Graphics. This Agreement may
177     only be modified by a physically signed writing between you and an authorized agent of Mentor Graphics.
178     Waiver of terms or excuse of breach must be in writing and shall not constitute subsequent consent, waiver
179     or excuse. The prevailing party in any legal action regarding the subject matter of this Agreement shall be
180     entitled to recover, in addition to other relief, reasonable attorneys' fees and expenses.
181     Mentor Graphics End User License Agreement (Rev. 03/00)
182    
183    

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