End-User Support Terms ("Agreement")

This is a legal agreement concerning support services between the company ordering support services (“Customer”) and the Mentor Graphics entity that issued the corresponding quotation (“Mentor Graphics”). This Agreement, the License Agreement and the applicable quotation contain the parties’ entire understanding relating to the subject matter and supersede all prior or contemporaneous agreements, including but not limited to any purchase order terms and conditions.

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:

1. Support. Subject to these terms and conditions and upon receipt of Customer's payment or commitment to pay for support services, Mentor Graphics will provide the support services identified in the applicable quotation.
2. 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 the supported Products.
3. Technical Support. If support services include technical support, and Customer has reported a problem to Mentor Graphics' support center the following terms apply:
   • 3.1 Mentor Graphics shall use reasonable efforts to correct any Software errors or hardware failures or provide work-around solutions. Mentor Graphics' technical support will consist of providing Customer with technical advice or shipping replacement parts or modified Products to Customer.
   • 3.2 Only Customer's employees or authorized contractors, excluding Mentor Graphics competitors, who use Products that are covered by technical support may contact Mentor Graphics for support services. Support services are limited to the Products at the Customer site(s) identified on a quotation and may not be shared across sites even if those groups routinely share internal support mechanisms such as Customer operated help desks or system administrators.
   • 3.3 For the avoidance of doubt, if Customer requests any change or enhancement to Software in the course of receiving support services, any inventions, product improvements, modifications or developments made by Mentor Graphics (at Mentor Graphics' sole discretion) will be the exclusive property of Mentor Graphics.
4. Software Updates. If support services include Software updates, Customer shall be entitled to 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 Software updates. Mentor Graphics may, at its sole discretion, substitute products of similar functionality and features for discontinued Products.
5. Limitations.
   • 5.1 Mentor Graphics reserves the right to decline to support any 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' 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 Support services do not include: (a) services connected with the installation, configuration, relocation or reconfiguration of Products; (b) support of third party operating system software, other than that provided by Mentor Graphics; (c) service resulting from misuse, accidental damage, modification of Products or the use of the Products 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.
6. Relocation. Customer will provide Mentor Graphics with advance written notice of the relocation of any 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.
7. Cancellation. Customer may cancel support services only at the time of its annual support contract renewal with 60 days prior written notice. Mentor Graphics may cancel 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.
8. Confidentiality. Customer shall take appropriate action to protect the confidentiality of Products and ensure that any person permitted access does not disclose or use Products except as permitted by the License Agreement. Log files, data files, rule files and script files generated by or for the Software (collectively “Files”), including without limitation files containing Standard Verification Rule Format (“SVRF”) and Tcl Verification Format (“TVF”) which are Mentor Graphics’ proprietary syntaxes for expressing process rules, constitute or include confidential information of Mentor Graphics. Customer may share Files with third parties, excluding Mentor Graphics competitors, provided that the confidentiality of such Files is protected by written agreement at least as well as Customer protects other information of a similar nature or importance, but in any case with at least reasonable care. Customer may use Files containing SVRF or TVF only with Mentor Graphics products. Under no circumstances shall Customer use Software or Files or allow their use for the purpose of developing, enhancing or marketing any product that is in any way competitive with Software, or disclose to any third party the results of, or information pertaining to, any benchmark.
9. General; Miscellaneous. The controlling law set forth in Customer’s applicable License Agreement shall apply. This Agreement may only be modified in writing by authorized representatives of the parties. Waiver of terms or excuse of breach must be in writing and shall not constitute subsequent consent, waiver or excuse. Any additional or different purchase order terms and conditions shall not apply.