User`s manual
Start Here for ModelSim PE, Software Version 5.7
40
Software License Agreement
SHALL MENTOR GRAPHICS’ OR ITS LICENSORS’ LIABILITY UNDER THIS AGREEMENT EXCEED
THE AMOUNT PAID BY YOU FOR THE SOFTWARE OR SERVICE GIVING RISE TO THE CLAIM. IN
THE CASE WHERE NO AMOUNT WAS PAID, MENTOR GRAPHICS AND ITS LICENSORS SHALL
HAVE NO LIABILITY FOR ANY DAMAGES WHATSOEVER.
7. LIFE ENDANGERING ACTIVITIES. NEITHER MENTOR GRAPHICS NOR ITS LICENSORS SHALL
BE LIABLE FOR ANY DAMAGES RESULTING FROM OR IN CONNECTION WITH THE USE OF
SOFTWARE IN ANY APPLICATION WHERE THE FAILURE OR INACCURACY OF THE SOFTWARE
MIGHT RESULT IN DEATH OR PERSONAL INJURY.
8. INDEMNIFICATION. YOU AGREE TO INDEMNIFY AND HOLD HARMLESS MENTOR GRAPHICS
AND ITS LICENSORS FROM ANY CLAIMS, LOSS, COST, DAMAGE, EXPENSE, OR LIABILITY,
INCLUDING ATTORNEYS’ FEES, ARISING OUT OF OR IN CONNECTION WITH YOUR USEOF
SOFTWARE AS DESCRIBED IN SECTION 7.
9. INFRINGEMENT.
9.1. Mentor Graphics will defend or settle, at its option and expense, any action brought against you alleging that
Software infringes a patent or copyright or misappropriates a trade secret in the United States, Canada,
Japan, or member state of the European Patent Office. Mentor Graphics will pay any costs and damages
finally awarded against you that are attributable to the infringement action. You understand and agree that as
conditions to Mentor Graphics’ obligations under this section you must: (a) notify Mentor Graphics
promptly in writing of the action; (b) provide Mentor Graphics all reasonable information and assistance to
defend or settle the action; and (c) grant Mentor Graphics sole authority and control of the defense or
settlement of the action.
9.2. If an infringement claim is made, Mentor Graphics may, at its option and expense: (a) replace or modify
Software so that it becomes noninfringing; (b) procure for you the right to continue using Software; or (c)
require the return of Software and refund to you any license fee paid, less a reasonable allowance for use.
9.3. Mentor Graphics has no liability to you if infringement is based upon: (a) the combination of Software with
any product not furnished by Mentor Graphics; (b) the modification of Software other than by Mentor
Graphics; (c) the use of other than a current unaltered release of Software; (d) the use of Software as part of
an infringing process; (e) a product that you make, use or sell; (f) any Beta Code contained in Software; (g)
any Software provided by Mentor Graphics' licensors who do not provide such indemnification to Mentor
Graphics' customers; or (h) infringement by you that is deemed willful. In the case of (h) you shall reimburse
Mentor Graphics for its attorney fees and other costs related to the action upon a final judgment.
9.4. THIS SECTION 9 STATES THE ENTIRE LIABILITY OF MENTOR GRAPHICS AND ITS
LICENSORS AND YOUR SOLE AND EXCLUSIVE REMEDY WITH RESPECT TO ANY ALLEGED
PATENT OR COPYRIGHT INFRINGEMENT OR TRADE SECRET MISAPPROPRIATION BY ANY
SOFTWARE LICENSED UNDER THIS AGREEMENT.
10. TERM. This Agreement remains effective until expiration or termination. This Agreement will automatically
terminate if you fail to comply with any term or condition of this Agreement or if you fail to pay for the license
when due and such failure to pay continues for a period of 30 days after written notice from Mentor Graphics. If
Software was provided for limited term use, this Agreement will automatically expire at the end of the authorized
term. Upon any termination or expiration, you agree to cease all use of Software and return it to Mentor Graphics
or certify deletion and destruction of Software, including all copies, to Mentor Graphics' reasonable satisfaction.
11. EXPORT. Software is subject to regulation by local laws and United States government agencies, which
prohibit export or diversion of certain products, information about the products, and direct products of the
products to certain countries and certain persons. You agree that you will not export any Software or direct
product of Software in any manner without first obtaining all necessary approval from appropriate local and
United States government agencies.