User`s manual
5
Mentor Graphics’ prior written consent. The provisions of this section shall survive the
termination or expiration of this Agreement.
5. LIMITED WARRANTY.
5.1 Mentor Graphics warrants that during the warranty period Software, when properly
installed, will substantially conform to the functional specifications set forth in the applicable
user manual. Mentor Graphics does not warrant that Software will meet your requirements or
that operation of Software will be uninterrupted or error free. The warranty period is 90 days
starting on the 15th day after delivery or upon installation, whichever first occurs. You must
notify Mentor Graphics in writing of any nonconformity within the warranty period. This warranty
shall not be valid if Software has been subject to misuse, unauthorized modification or
installation. MENTOR GRAPHICS' ENTIRE LIABILITY AND YOUR EXCLUSIVE REMEDY
SHALL BE, AT MENTOR GRAPHICS' OPTION, EITHER (A) REFUND OF THE PRICE PAID
UPON RETURN OF SOFTWARE TO MENTOR GRAPHICS OR (B) MODIFICATION OR
REPLACEMENT OF SOFTWARE THAT DOES NOT MEET THIS LIMITED WARRANTY,
PROVIDED YOU HAVE OTHERWISE COMPLIED WITH THIS AGREEMENT. MENTOR
GRAPHICS MAKES NO WARRANTIES WITH RESPECT TO: (A) SERVICES;
(B) SOFTWARE WHICH IS LOANED TO YOU FOR A LIMITED TERM OR AT NO COST; OR
(C) EXPERIMENTAL BETA CODE; ALL OF WHICH ARE PROVIDED “AS IS.”
5.2 THE WARRANTIES SET FORTH IN THIS SECTION 5 ARE EXCLUSIVE. NEITHER
MENTOR GRAPHICS NOR ITS LICENSORS MAKE ANY OTHER WARRANTIES, EXPRESS
OR IMPLIED, WITH RESPECT TO SOFTWARE OR OTHER MATERIAL PROVIDED UNDER
THIS AGREEMENT. MENTOR GRAPHICS AND ITS LICENSORS SPECIFICALLY
DISCLAIM ALL IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A
PARTICULAR PURPOSE.
6. LIMITATION OF LIABILITY. EXCEPT WHERE THIS EXCLUSION OR RESTRICTION OF
LIABILITY WOULD BE VOID OR INEFFECTIVE UNDER APPLICABLE STATUTE OR
REGULATION, IN NO EVENT SHALL MENTOR GRAPHICS OR ITS LICENSORS BE LIABLE
FOR INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES (INCLUDING
LOST PROFITS OR SAVINGS) WHETHER BASED ON CONTRACT, TORT OR ANY OTHER
LEGAL THEORY, EVEN IF MENTOR GRAPHICS OR ITS LICENSORS HAVE BEEN
ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT 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