Sourcery CodeBench Software
Mentor Graphics' Embedded Software and Hardware License Agreement or a valid license agreement which is physically signed by your company and an authorized representative of Mentor Graphics (“License Agreement”) applies to your use of Mentor Graphics software, including any updates, modifications and revisions (“Software”), and hardware products and any replacement parts provided hereunder (collectively “Products”). If you order support services, the following support terms shall also apply, unless your company has a physically signed agreement with Mentor Graphics containing support terms, in which case the signed agreement shall apply.
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.
2.1. Major Release. Sourcery CodeBench Major Releases are designated by a date code in the form of “YYYY.MM.” For example “Sourcery CodeBench 2012.09” is a “Major Release.”
2.2. Updates. Each Major Release also includes a build number which is appended as a suffix to the Major Release date code. Updates only increment the build number. For example, “Sourcery CodeBench 2012.09-120” is an “Update” to “Sourcery CodeBench 2012.09-25.”
3. 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.
4. Scope of Support. Mentor Graphics shall provide Updates and technical support to Customer as described herein only on the condition that Customer uses the Sourcery CodeBench Software for internal use and/or distributes the Sourcery CodeBench Software in binary form pursuant to a separate redistribution agreement with Mentor Graphics. Any other distribution by Customer of the Sourcery CodeBench Software in binary form, including distribution permitted by the applicable Open Source license, shall automatically terminate any remaining support term. During the term of the support purchased, Mentor Graphics shall provide technical support to Customer as follows:
4.1. After the initial 30-days from purchase Mentor Graphics shall provide technical support only for Sourcery CodeBench Professional or Standard Editions, unless otherwise noted in an applicable Addendum.
4.2. During the term of its license, including any renewal Term, Customer may download, free of charge, any new Major Release(s) or Update(s) to Sourcery CodeBench Software that Mentor Graphics makes available at such times as may be determined by Mentor Graphics in its sole discretion.
4.3. Mentor Graphics shall assist Customer in installing and using the Sourcery CodeBench Software in binary form. If Customer reports a defect in the CodeBench Software, Mentor Graphics shall suggest a work-around, and, if Customer is a Professional Edition subscriber, correct the defect, subject to the limitations set forth below.
4.4. Mentor Graphics will provide question and answer support (Q&A) on the current and immediately prior Major Releases and any Updates to the current and immediately prior Major Releases of Sourcery CodeBench. Mentor Graphics will have no obligation to provide Q&A technical support for earlier releases. Support for older versions of Sourcery CodeBench is available for an additional fee, provided such support is initiated at the time of initial purchase.
4.5. Product Updates addressing defects will only be made against the most recent Update to the current Major Release. Mentor Graphics will have no obligation to provide product Updates addressing defects for earlier releases. Product Updates for older versions of Sourcery CodeBench are available for an additional fee, provided such support is initiated at the time of initial purchase of Sourcery CodeBench.
4.6. If Customer has licensed Sourcery CodeBench Professional Edition, Mentor Graphics shall use commercially reasonable efforts to provide an Update to the current Major Release incorporating the correction of any defect reported by Customer for which no satisfactory work-around exists. Professional Edition Update Releases for older versions of Sourcery CodeBench are available for an additional fee, provided such support is initiated at the time of initial purchase.
4.7. When Sourcery CodeBench is sold as a component of another Mentor Graphics product (as determined by the part number ordered by Customer), the Q&A and Product Update support durations of the bundled product shall take precedence.
4.8. Mentor Graphics shall impose no limit on the number of support requests made by Customer during the term of support. Customer may submit support requests only on its own behalf and not on behalf of any other party, including a Customer of any other edition of Sourcery CodeBench, such as Sourcery CodeBench Personal, Academic or Lite Edition.
4.9. If Customer is a member of a development team, all members of the team must be Customers of the same edition of Sourcery CodeBench (either Professional or Standard Edition).
4.10. Although Mentor Graphics will make source code for the OSS components available to Customer, Mentor Graphics' support does not cover rebuilding the toolchains from the source packages, correcting defects in any such rebuilt toolchains, or answering any questions arising from Customer's use of source packages.
5. Electronic Support System. Customer shall make all support requests for Sourcery CodeBench Software via Mentor Graphics’ electronic support system and Mentor Graphics shall respond via the same electronic support system. Mentor Graphics will not accept CodeBench Software support requests by telephone or other means.
6. No Guarantee of Resolution. Mentor Graphics does not guarantee that it will be able to resolve all support requests. Without limitation, Mentor Graphics may, in its sole discretion, determine that a defect in the Sourcery CodeBench Software is too difficult to correct, or that any correction would likely risk the introduction of additional defects, or that the defect is not likely to be encountered often enough to be worthy of correction, or that the defect is insufficiently severe to be worthy of correction.
7. Support for Previous Versions. After the release of a Major Release, Mentor Graphics shall provide support for previous Major Release(s) of the Sourcery CodeBench Software for a period of six months. Mentor Graphics will have no obligation to provide support after this period. Long-term support for an older version of the Sourcery CodeBench Software is available for Sourcery CodeBench Professional Edition for an additional fee.
8. Test Cases. In many cases, Mentor Graphics will require access to Customer's source code in order to resolve Customer's support request. Mentor Graphics may, in its sole discretion, create regression tests distilled from Customer's source code for use in testing changes to the Software. Mentor Graphics shall use commercially reasonable efforts to disguise the origin of the source code, to eliminate non-essential aspects of the source code, and to otherwise protect the confidentiality of Customer's source code. These regression tests may be made available to other Mentor Graphics Customers or to the general public.
9. Contributions. To the extent Customer submits a contribution(s) to a Mentor Graphics product via a support request, community posting, or other means, Customer hereby grants to Mentor Graphics a non-exclusive, nontransferable license to use, reproduce and modify the contribution for any purpose.
10. 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.