Altera Mentor Verification IP Altera Edition AMBA AXI3/4TM User Manual

Page 781

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5.4. The provisions of this Section 5 shall survive the termination of this Agreement.

6.

SUPPORT SERVICES. To the extent Customer purchases support services, Mentor Graphics will provide Customer updates
and technical support for the Products, at the Customer site(s) for which support is purchased, in accordance with Mentor
Graphics’ then current End-User Support Terms located at

http://supportnet.mentor.com/about/legal/

.

7.

AUTOMATIC CHECK FOR UPDATES; PRIVACY. Technological measures in Software may communicate with servers
of Mentor Graphics or its contractors for the purpose of checking for and notifying the user of updates and to ensure that the
Software in use is licensed in compliance with this Agreement. Mentor Graphics will not collect any personally identifiable data
in this process and will not disclose any data collected to any third party without the prior written consent of Customer, except to
Mentor Graphics’ outside attorneys or as may be required by a court of competent jurisdiction.

8.

LIMITED WARRANTY.

8.1. Mentor Graphics warrants that during the warranty period its standard, generally supported Products, when properly

installed, will substantially conform to the functional specifications set forth in the applicable user manual. Mentor
Graphics does not warrant that Products will meet Customer’s requirements or that operation of Products will be
uninterrupted or error free. The warranty period is 90 days starting on the 15th day after delivery or upon installation,
whichever first occurs. Customer must notify Mentor Graphics in writing of any nonconformity within the warranty period.
For the avoidance of doubt, this warranty applies only to the initial shipment of Software under an Order and does not
renew or reset, for example, with the delivery of (a) Software updates or (b) authorization codes or alternate Software under
a transaction involving Software re-mix. This warranty shall not be valid if Products have been subject to misuse,
unauthorized modification or improper installation. MENTOR GRAPHICS’ ENTIRE LIABILITY AND CUSTOMER’S
EXCLUSIVE REMEDY SHALL BE, AT MENTOR GRAPHICS’ OPTION, EITHER (A) REFUND OF THE PRICE
PAID UPON RETURN OF THE PROD UCTS TO MENTOR GRAPHICS OR (B) MODIFICATION O R
REPLACEMENT OF THE PRODUCTS THAT DO NOT MEET THIS LIMITED WARRANTY, PROVIDED
CUSTOMER HAS OTHERWISE COMPLIED WITH THIS AGREEMENT. MENTOR GRAPHICS MAKES NO
WARRANTIES WITH RESPECT TO: (A) SERVICES; (B) PRODUCTS PROVIDED AT NO CHARGE; OR (C) BETA
CODE; ALL OF WHICH ARE PROVIDED “AS IS.”

8.2. THE WARRANTIES SET FORTH IN THIS SECTION 8 ARE EXCLUSIVE. NEITHER MENTOR GRAPHICS NOR

ITS LICENSORS MAKE ANY OTHER WARRANTIES EXPRESS, IMPLIED OR STATUTORY, WITH RESPECT TO
PRODUCTS PROVIDED UNDER THIS AGREEMENT. MENTOR GRAPHICS AND ITS LICENSORS
SPECIFICALLY DISCLAIM ALL IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A
PARTICULAR PURPOSE AND NON-INFRINGEMENT OF INTELLECTUAL PROPERTY.

9.

LIMITATION OF LIABILITY. EXCEPT WHERE THIS EXCLUSION OR RESTRICTION OF LIABILITY WOULD BE
VOID OR INEFFECTIVE UNDER APPLICABLE LAW, IN NO EVENT SHALL MENTOR GRAPHICS OR ITS
LICENSORS BE LIABLE FOR INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES (INCLUDING
LOST PROFITS OR SAVINGS) WHETHER BASED ON CONTRACT, TORT OR ANY OTHER LEGAL THEORY, EVEN
IF MENTOR GRAPHICS OR ITS LICENSORS HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN
NO EVENT SHALL MENTOR GRAPHICS’ OR ITS LICENSORS’ LIABILITY UNDER THIS AGREEMENT EXCEED
THE AMOUNT RECEIVED FROM CUSTOMER FOR THE HARDWARE, SOFTWARE LICENSE OR SERVICE GIVING
RISE TO THE CLAIM. IN THE CASE WHERE NO AMOUNT WAS PAID, MENTOR GRAPHICS AND ITS LICENSORS
SHALL HAVE NO LIABILITY FOR ANY DAMAGES WHATSOEVER. THE PROVISIONS OF THIS SECTION 9 SHALL
SURVIVE THE TERMINATION OF THIS AGREEMENT.

10. HAZARDOUS APPLICATIONS. CUSTOMER ACKNOWLEDGES IT IS SOLELY RESPONSIBLE FOR TESTING ITS

PRODUCTS USED IN APPLICATIONS WHERE THE FAILURE OR INACCURACY OF ITS PRODUCTS MIGHT
RESULT IN DEATH OR PERSONAL INJURY (“HAZARDOUS APPLICATIONS”). NEITHER MENTOR GRAPHICS
NOR ITS LICENSORS SHALL BE LIABLE FOR ANY DAMAGES RESULTING FROM OR IN CONNECTION WITH
THE USE OF MENTOR GRAPHICS PRODUCTS IN OR FOR HAZARDOUS APPLICATIONS. THE PROVISIONS OF
THIS SECTION 10 SHALL SURVIVE THE TERMINATION OF THIS AGREEMENT.

11. INDEMNIFICATION. CUSTOMER AGREES TO INDEMNIFY AND HOLD HARMLESS MENTOR GRAPHICS AND

ITS LICENSORS FROM ANY CLAIMS, LOSS, COST, DAMAGE, EXPENSE OR LIABILITY, INCLUDING
ATTORNEYS’ FEES, ARISING OUT OF OR IN CONNECTION WITH THE USE OF PRODUCTS AS DESCRIBED IN
SECTION 10. THE PROVISIONS OF THIS SECTION 11 SHALL SURVIVE THE TERMINATION OF THIS
AGREEMENT.

12. INFRINGEMENT.

12.1. Mentor Graphics will defend or settle, at its option and expense, any action brought against Customer in the United States,

Canada, Japan, or member state of the European Union which alleges that any standard, generally supported Product
acquired by Customer hereunder infringes a patent or copyright or misappropriates a trade secret in such jurisdiction.
Mentor Graphics will pay costs and damages finally awarded against Customer that are attributable to the action. Customer
understands and agrees that as conditions to Mentor Graphics’ obligations under this section Customer must: (a) notify
Mentor Graphics promptly in writing of the action; (b) provide Mentor Graphics all reasonable information and assistance
to settle or defend the action; and (c) grant Mentor Graphics sole authority and control of the defense or settlement of the
action.

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