Intellectual Property Support Terms
The Intellectual Property (“IP”) license agreement (“IP Customer Agreement”) which is physically signed by you (“Customer”) and Mentor Graphics Corporation or its subsidiaries (“Mentor Graphics”) applies to the IP supported under the following terms.
IP support 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:
Subject to these terms and conditions and upon receipt of Customer’s payment or commitment to pay for IP support services, Mentor Graphics will provide the IP support services identified in the applicable quotation.
- Technical Coordinator.
Customer will provide Mentor Graphics with current names, addresses, email addresses and telephone numbers of a technical coordinator and alternate, who have a working knowledge of IP.
- Technical Support.
If IP support services or licensing options include technical support, and Customer has reported an IP problem to Mentor Graphics’ support center, the following terms apply:
- 3.1 Mentor Graphics shall use reasonable efforts to correct any IP errors or provide work-around solutions for IP errors. Mentor Graphics’ technical support will consist of providing Customer with technical advice, a patch, or a new release.
- 3.2 Only Customer’s employees or contractors who use IP licenses that are covered by technical support may contact Mentor Graphics for support services.
- IP Updates.
If IP support services include IP updates, Customer shall receive such applicable IP updates, if any, that Mentor Graphics releases during the support term. For each license that Customer possesses, Customer shall receive one copy of the applicable update. Mentor Graphics may, at its sole discretion, substitute products of similar functionality and features for discontinued products.
- 5.1 Mentor Graphics reserves the right (a) to decline to support any IP that has not been on continuous support and (b) to decline to respond to any support request that lacks sufficient relevant and accurate information that can be used by Mentor Graphics to resolve Customer’s problem. Mentor Graphics’ IP support obligations apply only to the current and immediately prior IP release, except that Mentor Graphics shall in any event support IP for not less than one year from the date of delivery of the IP to Customer.
- 5.2 To enable Mentor Graphics to respond to certain IP problems, Mentor Graphics may require that Customer furnish Mentor Graphics with a test case and sufficient documentation to allow recreation of the IP problem. Mentor Graphics retains title to and ownership of any and all modifications to the IP products that are made by Customer and disclosed to Mentor Graphics.
- 5.3 IP support services do not include: (a) support necessitated by misuse of or accidental damage to the IP; (b) support of intellectual property product(s) developed by Customer or obtained from third parties; (c) support of IP that has been altered or modified by Customer or a third party without Mentor Graphics’ prior written consent; (d) the use of IP in a manner or for purposes other than intended or defined in the applicable documentation; (e) distribution of IP or sales of Customer’s products containing the IP to Customer’s customers, except in compliance with the IP Customer Agreement; and (f) assistance in design modification by Customer.
Customer may cancel IP support services only at the time of its annual support contract renewal with 60 days prior written notice. Mentor Graphics may cancel IP support services if Customer fails to comply with these terms and conditions or fails 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 the IP Customer Agreement specifically provides otherwise, these terms and conditions shall be governed by and construed under the laws of the State of Oregon, USA, if Customer is located in North or South America, and the laws of Ireland if Customer is located outside of North and South America. All disputes arising out of or in relation to these terms and conditions shall be submitted to the exclusive jurisdiction of Portland, Oregon, when the laws of Oregon apply, or Dublin, Ireland, when the laws of Ireland apply. Notwithstanding the foregoing, all disputes in Asia (except for Japan) arising out of or in relation to these terms and conditions shall be resolved by arbitration in Singapore before a single arbitrator to be appointed by the Chairman of the Singapore International Arbitration Centre (“SIAC”) to be conducted in the English language, in accordance with the Arbitration Rules of the SIAC in effect at the time of the dispute, which rules are deemed to be incorporated by reference. These terms and conditions shall not restrict Mentor Graphics’ right to bring an action against Customer in the jurisdiction where Customer’s place of business is located.
Mentor Support Contract
A support contract from Mentor Graphics includes:
- Periodic enhancements to the IP that can be downloaded on demand
- Technical assistance from an award-winning support team
- Unrestricted access to our comprehensive support site, SupportNet
- Proactive notice of all new releases through the SupportPro technical newsletter
If you are not registered for SupportNet, simply fill out this short form.