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Sourcery Vsipl ++

The 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. 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. Support Term. Mentor Graphics shall provide technical support to Customer during the Term of the support purchased.

  4. Scope of Support. Mentor Graphics shall assist Customer in installing and using the Sourcery VSIPL ++ Software. Mentor Graphics shall correct defects in the Sourcery VSIPL ++ Software reported by Customer, subject to the limitations set forth herein. Mentor Graphics shall impose no limit on the number of support requests made by Customer.

  5. Electronic Support System. Customer shall make all support requests via Mentor Graphics' electronic support system. Customer shall appoint up to two technical contacts, who will be provided access to Mentor Graphics' electronic support system. Customer may replace either or both of the technical contacts from time to time by written notification to Mentor Graphics. Mentor Graphics will not accept support requests by telephone or other means.

  6. Response Time. Mentor Graphics' electronic support system will provide Customer with an immediate acknowledgement of the support request (including a unique tracking number) by electronic mail. If Customer has an Internal Tool License or End-User Product License, Mentor Graphics shall respond to all support requests within one business day, except in extraordinary circumstances, and Mentor Graphics shall attempt to resolve all support requests within three business days.

  7. 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 VSIPL ++ Software is too difficult to correct, or than 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.

  8. 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.