Mentor Graphics' End User License Agreement or a valid license agreement which is physically signed by you and an authorized representative of Mentor Graphics applies to the software supported ("Software") under the following terms between you and Mentor Graphics Corporation, Mentor Graphics (Ireland) Limited and their majority-owned subsidiaries ("Mentor Graphics").
End User Software Support Terms
Software support services vary depending on the service plan purchased. Specific support levels, hours of support availability, the number of eligible contacts, any response options and any technical support options or guidelines are described in Mentor Graphics' current published support documentation, which are subject to change without notice. The following terms and conditions apply to support services provided:
- Support. Subject to these terms and conditions and upon receipt of Customer's payment or commitment to pay for Software support services, Mentor Graphics will provide the Software support services identified in the applicable quotation.
- Technical Coordinator. For each site covered, Customer will provide Mentor Graphics with current names, addresses and telephone numbers of a technical coordinator and alternate, who have a working knowledge of Software products.
- Technical Support. If Software support services or licensing options include technical support, and Customer has reported a Software problem to Mentor Graphics' support center the following terms apply:
- 3.1 Mentor Graphics shall use reasonable efforts to correct any Software errors or provide work-around solutions. Mentor Graphics' technical support will consist of providing Customer with technical advice or shipping replacement or modified Software to Customer.
- 3.2 "Technical Support Location" or "TSL" means the combination of all groups within Customer that routinely share internal support mechanisms such as Customer-operated help desks or system administrators Customer will identify all licenses within each TSL. The combination of groups and licenses that form a TSL is subject to Mentor Graphics' approval. Customer is eligible for only one configuration of support offerings per TSL that will apply to all Software within the TSL. Only Customer's employees or contractors who use Software licenses that are covered by technical support may contact Mentor Graphics for support services.
- Software Updates. If Software support services include Software updates, Customer shall receive for each supported site one copy of each applicable Software update, if any, that Mentor Graphics releases during the support term. Mentor Graphics is not required to alter or upgrade any third party software including operating system software to support new Software updates. Mentor Graphics may, at its sole discretion, substitute products of similar functionality and features for discontinued products.
- Limitations.
- 5.1 Mentor Graphics reserves the right to decline to support any Software product that has not been on continuous support or has been modified by Customer or a third party without Mentor Graphics' prior written consent. Mentor Graphics' software support obligations apply only to the current and immediately prior Software release, and only to the extent the Software is still generally available from and supported by Mentor Graphics.
- 5.2 To enable Mentor Graphics to respond to certain Software problems, Mentor Graphics may require that Customer furnish Mentor Graphics with a test case and sufficient documentation to allow recreation of the Software problem.
- 5.3 Software support services do not include: (a) services connected with the installation, configuration, relocation or reconfiguration of Software; (b) support of operating system software; (c) service resulting from misuse, accidental damage, modification of software or the use of the Software with computer hardware or materials which do not meet Mentor Graphics' specifications; (d) the support of software developed by Customer, developed by Mentor Graphics at Customer's request or obtained from third parties;
- Relocation. Customer will provide Mentor Graphics with advance written notice of the relocation of any Software product covered by support service. The relocation will be subject to Mentor Graphics' prior approval and its current policies and charges regarding license relocation and/or transfers.
- Cancellation. Customer may cancel Software support services only at the time of their annual support contract renewal with 60 days prior written notice. Mentor Graphics may cancel Software support services if Customer fails to comply with these terms and conditions or to pay for the services when due and such failure continues for a period of 30 days after written notice from Mentor Graphics.
- Governing Law. Unless your license agreement with Mentor Graphics specifically provides otherwise, these terms and conditions shall be governed by and construed under the laws of the State of Oregon, USA, if you are located in North or South America, and the laws of Ireland if you are located outside of North or South America.
(Rev 030320)