1<html><head><meta http-equiv="Content-Type" content="text/html; charset=ISO-8859-1"><title>Appendix�B.�Sourcery CodeBench Lite Licenses</title><link rel="stylesheet" type="text/css" href="cs.css"><meta name="generator" content="DocBook XSL Stylesheets V1.78.0"><meta name="description" content=" Sourcery CodeBench Lite contains software provided under a variety of licenses. Some components are free or open source software, while other components are proprietary. This appendix explains what licenses apply to your use of Sourcery CodeBench Lite. You should read this appendix to understand your legal rights and obligations as a user of Sourcery CodeBench Lite."><link rel="home" href="index.html" title="Sourcery CodeBench Lite"><link rel="up" href="index.html" title="Sourcery CodeBench Lite"><link rel="prev" href="chap-release.html" title="Appendix�A.�Sourcery CodeBench Lite Release Notes"><link rel="next" href="apbs02.html" title="B.2.�Licenses for Sourcery CodeBench Lite Components"></head><body bgcolor="white" text="black" link="#0000FF" vlink="#840084" alink="#0000FF"><div class="navheader"><table width="100%" summary="Navigation header"><tr><th colspan="3" align="center">Appendix�B.�Sourcery CodeBench Lite Licenses</th></tr><tr><td width="20%" align="left"><a accesskey="p" href="chap-release.html">Prev</a>�</td><th width="60%" align="center">�</th><td width="20%" align="right">�<a accesskey="n" href="apbs02.html">Next</a></td></tr></table><hr></div><div class="appendix"><div class="titlepage"><div><div><h1 class="title"><a name="chap-license"></a>Appendix�B.�Sourcery CodeBench Lite Licenses</h1></div><div><div class="abstract"><p class="title"><b></b></p><p> 2 Sourcery CodeBench Lite contains software provided under a variety of licenses. 3 Some components are <span class="quote">“<span class="quote">free</span>”</span> or <span class="quote">“<span class="quote">open source</span>”</span> 4 software, while other components are proprietary. This appendix 5 explains what licenses apply to your use of Sourcery CodeBench Lite. You should 6 read this appendix to understand your legal rights and obligations 7 as a user of Sourcery CodeBench Lite. 8 </p></div></div></div></div><div class="toc"><p><b>Table of Contents</b></p><dl class="toc"><dt><span class="section"><a href="chap-license.html#sec-eval-agreement">B.1. Sourcery CodeBench Lite License Agreement</a></span></dt><dt><span class="section"><a href="apbs02.html">B.2. Licenses for Sourcery CodeBench Lite Components</a></span></dt><dt><span class="section"><a href="apbs03.html">B.3. Attribution</a></span></dt></dl></div><p> 9 The Mentor Graphics License is available in <a class="xref" href="chap-license.html#sec-eval-agreement" title="B.1.�Sourcery CodeBench Lite License Agreement">Section�B.1, “Sourcery CodeBench Lite License Agreement”</a>. 10</p><div class="section"><div class="titlepage"><div><div><h2 class="title" style="clear: both"><a name="sec-eval-agreement"></a>B.1.�Sourcery CodeBench Lite License Agreement</h2></div></div></div><p> 11 Sourcery CodeBench Lite for ARM EABI is licensed under the Mentor Graphics 12 <span class="bold"><strong> 13 Embedded Software and Hardware License Agreement. 14 </strong></span> 15 If you have a separate signed or shrinkwrap agreement (as applicable) with 16 Mentor Graphics related to your use of Sourcery CodeBench Lite, your order is subject to 17 the terms of that agreement. If you do not, the following terms apply, 18 unless otherwise specifically agreed to in writing by an authorized 19 representative of Mentor Graphics. The terms of this Getting Started Guide 20 supplement, but do not replace or amend, the terms of your separate 21 agreement with Mentor Graphics. Accordingly, to the extent the following terms 22 and conditions conflict with such separate agreement, the terms and 23 conditions of the separate agreement shall control. 24 </p><p> 25 The latest version of the License Agreement is available on-line at 26 <a class="ulink" href="http://www.mentor.com/terms_conditions/embedded_software_license" target="_top">http://www.mentor.com/terms_conditions/embedded_software_license</a>. 27 </p><p> 28 </p><div class="section"><div class="titlepage"><div><div><h3 class="title"><a name="idm46915332279824"></a>B.1.1.�Embedded Software and Hardware License Agreement</h3></div></div></div><h3><a name="idm46915332279120"></a> 29IMPORTANT INFORMATION 30 </h3><p> 31 <span class="bold"><strong> 32USE OF ALL PRODUCTS IS SUBJECT TO LICENSE RESTRICTIONS. 33CAREFULLY READ THIS LICENSE AGREEMENT BEFORE USING THE PRODUCTS. USE OF 34PRODUCTS INDICATES CUSTOMER'S COMPLETE AND UNCONDITIONAL ACCEPTANCE OF THE TERMS 35AND CONDITIONS SET FORTH IN THIS AGREEMENT. ANY ADDITIONAL OR DIFFERENT 36PURCHASE ORDER TERMS AND CONDITIONS SHALL NOT APPLY. 37 </strong></span> 38 </p><h3><a name="idm46915332277072"></a> 39EMBEDDED SOFTWARE AND HARDWARE LICENSE AGREEMENT ("Agreement") 40 </h3><p> 41 <span class="bold"><strong> 42This is a legal agreement concerning the use of Products (as defined in Section 431) between the company acquiring the Products ("Customer"), and the Mentor 44Graphics entity that issued the corresponding quotation or, if no quotation was 45issued, the applicable local Mentor Graphics entity ("Mentor Graphics"). Except 46for license agreements related to the subject matter of this license agreement 47which are physically signed by Customer and an authorized representative of 48Mentor Graphics, this Agreement and the applicable quotation contain the 49parties' entire understanding relating to the subject matter and supersede all 50prior or contemporaneous agreements. If Customer does not agree to these terms 51and conditions, promptly return or, in the case of Products received 52electronically, certify destruction of Products and all accompanying items 53within five days after receipt of such Products and receive a full refund of any 54license fee paid. 55 </strong></span> 56 </p><div class="orderedlist"><ol class="orderedlist" type="1"><li class="listitem"><p> 57 <span class="bold"><strong> 58Definitions. 59 </strong></span> 60 </p><div class="orderedlist"><table border="0" class="orderedlist"><colgroup><col align="left" valign="top"><col></colgroup><tbody><tr><td>1.1.</td><td><p> 61 "Customer's Product" means Customer's end-user product identified by a 62 unique SKU (including any Related SKUs) in an applicable Addenda that is 63 developed, manufactured, branded and shipped solely by Customer or an 64 authorized manufacturer or subcontractor on behalf of Customer to end-users 65 or consumers; 66 </p></td></tr><tr><td>1.2.</td><td><p> 67 "Developer" means a unique user, as identified by a unique user 68 identification number, with access to Embedded Software at an authorized 69 Development Location. A unique user is an individual who works directly 70 with the embedded software in source code form, or creates, modifies or 71 compiles software that ultimately links to the Embedded Software in Object 72 Code form and is embedded into Customer's Product at the point of 73 manufacture; 74 </p></td></tr><tr><td>1.3.</td><td><p> 75 "Development Location" means the location where Products may be used as 76 authorized in the applicable Addenda; 77 </p></td></tr><tr><td>1.4.</td><td><p> 78 "Development Tools" means the software that may be used by Customer for 79 building, editing, compiling, debugging or prototyping Customer's Product; 80 </p></td></tr><tr><td>1.5.</td><td><p> 81 "Embedded Software" means Software that is embeddable; 82 </p></td></tr><tr><td>1.6.</td><td><p> 83 "End-User" means Customer's customer; 84 </p></td></tr><tr><td>1.7.</td><td><p> 85 "Executable Code" means a compiled program translated into a 86 machine-readable format that can be loaded into memory and run by a certain 87 processor; 88 </p></td></tr><tr><td>1.8.</td><td><p> 89 "Hardware" means a physically tangible electro-mechanical system or 90 sub-system and associated documentation; 91 </p></td></tr><tr><td>1.9.</td><td><p> 92 "Linkable Object Code" or "Object Code" means linkable code resulting 93 from the translation, processing, or compiling of Source Code by a computer 94 into machine-readable format; 95 </p></td></tr><tr><td>1.10.</td><td><p> 96 "Mentor Embedded Linux" or "MEL" means Mentor Graphics' tools, source 97 code, and recipes for building Linux systems; 98 </p></td></tr><tr><td>1.11.</td><td><p> 99 "Open Source Software" or "OSS" means software subject to an open 100 source license which requires as a condition for redistribution of such 101 software, including modifications thereto, that the: (i) redistribution be 102 in source code form or be made available in source code form; (ii) 103 redistributed software be licensed to allow the making of derivative works; 104 or (iii) redistribution be at no charge; 105 </p></td></tr><tr><td>1.12.</td><td><p> 106 "Processor" means the specific microprocessor to be used with Software 107 and implemented in Customer's Product; 108 </p></td></tr><tr><td>1.13.</td><td><p> 109 "Products" means Software, Term-Licensed Products and/or Hardware; 110 </p></td></tr><tr><td>1.14.</td><td><p> 111 "Proprietary Components" means the components of the Products that are 112 owned and/or licensed by Mentor Graphics and are not subject to an Open 113 Source Software license, as more fully set forth herein; 114 </p></td></tr><tr><td>1.15.</td><td><p> 115 "Redistributable Components" means those components that are intended 116 to be incorporated or linked into Customer's Linkable Object Code developed 117 with the Software, as more fully set forth herein; 118 </p></td></tr><tr><td>1.16.</td><td><p> 119 "Related SKU" means two or more Customer Products identified by 120 logically-related SKUs, where there is no difference or change in the 121 electrical hardware or software content between such Customer Products; 122 </p></td></tr><tr><td>1.17.</td><td><p> 123 "Software" means software programs, Embedded Software and/or 124 Development Tools, including any updates, modifications, revisions, copies, 125 documentation and design data that are licensed under this Agreement; 126 </p></td></tr><tr><td>1.18.</td><td><p> 127 "Source Code" means software in a form in which the program logic is 128 readily understandable by a human being; 129 </p></td></tr><tr><td>1.19.</td><td><p> 130 "Sourcery CodeBench Software" means Mentor Graphics' Development Tool 131 for C/C++ embedded application development; 132 </p></td></tr><tr><td>1.20.</td><td><p> 133 "Sourcery VSIPL++" is Software providing C++ classes and functions for 134 writing embedded signal processing applications designed to run on one or 135 more processors; 136 </p></td></tr><tr><td>1.21.</td><td><p> 137 "Stock Keeping Unit" or "SKU" is a unique number or code used to 138 identify each distinct product, item or service available for purchase; 139 </p></td></tr><tr><td>1.22.</td><td><p> 140 "Subsidiary" means any corporation more than 50% owned by Customer, 141 excluding Mentor Graphics competitors. Customer agrees to fulfill the 142 obligations of such Subsidiary in the event of default. To the extent 143 Mentor Graphics authorizes any Subsidiary's use of Products under this 144 Agreement, Customer agrees to ensure such Subsidiary's compliance with the 145 terms of this Agreement and will be liable for any breach by a Subsidiary; 146 and 147 </p></td></tr><tr><td>1.23.</td><td><p> 148 "Term-Licensed Products" means Products licensed to Customer for a 149 limited time period ("Term"). 150 </p></td></tr></tbody></table></div><p> 151 </p></li><li class="listitem"><p> 152 <span class="bold"><strong> 153Orders, Fees and Payment. 154 </strong></span> 155 156 </p><div class="orderedlist"><table border="0" class="orderedlist"><colgroup><col align="left" valign="top"><col></colgroup><tbody><tr><td>2.1.</td><td><p> 157 To the extent Customer (or if agreed by Mentor Graphics, Customer's 158 appointed third party buying agent) places and Mentor Graphics accepts 159 purchase orders pursuant to this Agreement ("Order(s)"), each Order will 160 constitute a contract between Customer and Mentor Graphics, which shall be 161 governed solely and exclusively by the terms and conditions of this 162 Agreement and any applicable Addenda, whether or not these documents are 163 referenced on the Order. Any additional or conflicting terms and conditions 164 appearing on an Order will not be effective unless agreed in writing by an 165 authorized representative of Customer and Mentor Graphics. 166 </p></td></tr><tr><td>2.2.</td><td><p> 167 Amounts invoiced will be paid, in the currency specified on the 168 applicable invoice, within 30 days from the date of such invoice. All 169 invoices will be sent electronically to Customer on the date stated on the 170 invoice unless otherwise specified in an Addendum. Any past due invoices 171 will be subject to the imposition of interest charges in the amount of one 172 and one-half percent per month or the applicable legal rate currently in 173 effect, whichever is lower. Prices do not include freight, insurance, 174 customs duties, taxes or other similar charges, which Mentor Graphics will 175 state separately in the applicable invoice(s). Unless timely provided with 176 a valid certificate of exemption or other evidence that items are not 177 taxable, Mentor Graphics will invoice Customer for all applicable taxes 178 including, but not limited to, VAT, GST, sales tax, consumption tax and 179 service tax. Customer will make all payments free and clear of, and without 180 reduction for, any withholding or other taxes; any such taxes imposed on 181 payments by Customer hereunder will be Customer's sole responsibility. If 182 Customer appoints a third party to place purchase orders and/or make 183 payments on Customer's behalf, Customer shall be liable for payment under 184 Orders placed by such third party in the event of default. 185 </p></td></tr><tr><td>2.3.</td><td><p> 186 All Products are delivered FCA factory (Incoterms 2010), freight prepaid 187 and invoiced to Customer, except Software delivered electronically, which 188 shall be deemed delivered when made available to Customer for download. 189 Mentor Graphics' delivery of Software by electronic means is subject to 190 Customer's provision of both a primary and an alternate e-mail address. 191 </p></td></tr></tbody></table></div><p> 192 </p></li><li class="listitem"><p> 193 <span class="bold"><strong> 194Grant of License. 195 </strong></span> 196 </p><div class="orderedlist"><table border="0" class="orderedlist"><colgroup><col align="left" valign="top"><col></colgroup><tbody><tr><td>3.1.</td><td><p> 197 The Products installed, downloaded, or otherwise acquired by Customer 198 under this Agreement constitute or contain copyrighted, trade secret, 199 proprietary and confidential information of Mentor Graphics or its 200 licensors, who maintain exclusive title to all Software and retain all 201 rights not expressly granted by this Agreement. Mentor Graphics grants to 202 Customer, subject to payment of applicable license fees, a nontransferable, 203 nonexclusive license to use Software as described in the applicable Addenda. 204 The limited licenses granted under the applicable Addenda shall continue 205 until the expiration date of Term-Licensed Products or termination in 206 accordance with Section 12 below, whichever occurs first. Mentor Graphics 207 does NOT grant Customer any right to (a) sublicense or (b) use Software 208 beyond the scope of this Section without first signing a separate agreement 209 or Addenda with Mentor Graphics for such purpose. 210 </p></td></tr><tr><td>3.2.</td><td><p> 211 License Type. The license type shall be 212 identified in the applicable Addenda. 213 </p><div class="orderedlist"><table border="0" class="orderedlist"><colgroup><col align="left" valign="top"><col></colgroup><tbody><tr><td>3.2.1.</td><td><p> 214 Development License: During the Term, if any, Customer may 215 modify, compile, assemble and convert the applicable Embedded Software 216 Source Code into Linkable Object Code and/or Executable Code form by 217 the number of Developers specified, for the Processor(s), Customer's 218 Product(s) and at the Development Location(s) identified in the 219 applicable Addenda. 220 </p></td></tr><tr><td>3.2.2.</td><td><p> 221 End-User Product License: During the Term, if any, and unless 222 otherwise specified in the applicable Addenda, Customer may 223 incorporate or embed an Executable Code version of the Embedded 224 Software into the specified number of copies of Customer's Product(s), 225 using the Processor Unit(s), and at the Development Location(s) 226 identified in the applicable Addenda. Customer may manufacture, brand 227 and distribute such Customer's Product(s) worldwide to its End-Users. 228 </p></td></tr><tr><td>3.2.3.</td><td><p> 229 Internal Tool License: During the Term, if any, Customer may 230 use the Development Tools solely: (a) for internal business purposes 231 and (b) on the specified number of computer work stations and sites. 232 Development Tools are licensed on a per-seat or floating basis, as 233 specified in the applicable Addenda, and shall not be distributed to 234 others or delivered in Customer's Product(s) unless specifically 235 authorized in an applicable Addenda. 236 </p></td></tr><tr><td>3.2.4.</td><td><p> 237 Sourcery CodeBench Professional Edition License: During the 238 Term specified in the applicable Addenda, Customer may (a) install and 239 use the Proprietary Components of the Software (i) if the license is a 240 node-locked license, by a single user who uses the Software on up to 241 two machines provided that only one copy of the Software is in use at 242 any one time, or (ii) if the license is a floating license, by the 243 authorized number of concurrent users on one or more machines provided 244 that only the authorized number of copies of the Software are in use 245 at any one time, and (b) distribute the Redistributable Components of 246 the Software in Executable Code form only and only as part of 247 Customer's Object Code developed with the Software that provides 248 substantially different functionality than the Redistributable 249 Component(s) alone. 250 </p></td></tr><tr><td>3.2.5.</td><td><p> 251 Sourcery CodeBench Standard Edition License: During the Term 252 specified in the applicable Addenda, Customer may (a) install and use 253 the Proprietary Components of the Software by a single user who uses 254 the Software on up to two machines provided that only one copy of the 255 Software is in use at any one time, and (b) distribute the 256 Redistributable Component(s) of the Software in Executable Code form 257 only and only as part of Customer's Object Code developed with the 258 Software that provides substantially different functionality than the 259 Redistributable Component(s) alone. 260 </p></td></tr><tr><td>3.2.6.</td><td><p> 261 Sourcery CodeBench Personal Edition License: During the Term 262 specified in the applicable Addenda, Customer may (a) install and use 263 the Proprietary Components of the Software by a single user who uses 264 the Software on one machine, and (b) distribute the Redistributable 265 Component(s) of the Software in Executable Code form only and only as 266 part of Customer Object Code developed with the Software that provides 267 substantially different functionality than the Redistributable 268 Component(s) alone. 269 </p></td></tr><tr><td>3.2.7.</td><td><p> 270 Sourcery CodeBench Academic Edition License: During the Term 271 specified in the applicable Addenda, Customer may (a) install and use 272 the Proprietary Components of the Software for non-commercial, 273 academic purposes only by a single user who uses the Software on one 274 machine, and (b) distribute the Redistributable Component(s) of the 275 Software in Executable Code form only and only as part of Customer 276 Object Code developed with the Software that provides substantially 277 different functionality than the Redistributable Component(s) alone. 278 </p></td></tr></tbody></table></div><p> 279 </p></td></tr><tr><td>3.3.</td><td><p> 280 Mentor Graphics may from time to time, in its sole discretion, lend 281 Products to Customer. For each loan, Mentor Graphics will identify in 282 writing the quantity and description of Software loaned, the authorized 283 location and the Term of the loan. Mentor Graphics will grant to Customer a 284 temporary license to use the loaned Software solely for Customer's internal 285 evaluation in a non-production environment. Customer shall return to Mentor 286 Graphics or delete and destroy loaned Software on or before the expiration 287 of the loan Term. Customer will sign a certification of such deletion or 288 destruction if requested by Mentor Graphics. 289 </p></td></tr></tbody></table></div><p> 290 </p></li><li class="listitem"><p> 291 <span class="bold"><strong> 292Beta Code. 293 </strong></span> 294 </p><div class="orderedlist"><table border="0" class="orderedlist"><colgroup><col align="left" valign="top"><col></colgroup><tbody><tr><td>4.1.</td><td><p> 295 Portions or all of certain Products may contain code for experimental 296 testing and evaluation ("Beta Code"), which may not be used without Mentor 297 Graphics' explicit authorization. Upon Mentor Graphics' authorization, 298 Mentor Graphics grants to Customer a temporary, nontransferable, 299 nonexclusive license for experimental use to test and evaluate the Beta Code 300 without charge for a limited period of time specified by Mentor Graphics. 301 This grant and Customer's use of the Beta Code shall not be construed as 302 marketing or offering to sell a license to the Beta Code, which Mentor 303 Graphics may choose not to release commercially in any form. 304 </p></td></tr><tr><td>4.2.</td><td><p> 305 If Mentor Graphics authorizes Customer to use the Beta Code, Customer 306 agrees to evaluate and test the Beta Code under normal conditions as 307 directed by Mentor Graphics. Customer will contact Mentor Graphics 308 periodically during Customer's use of the Beta Code to discuss any 309 malfunctions or suggested improvements. Upon completion of Customer's 310 evaluation and testing, Customer will send to Mentor Graphics a written 311 evaluation of the Beta Code, including its strengths, weaknesses and 312 recommended improvements. 313 </p></td></tr><tr><td>4.3.</td><td><p> 314 Customer agrees to maintain Beta Code in confidence and shall restrict 315 access to the Beta Code, including the methods and concepts utilized 316 therein, solely to those employees and Customer location(s) authorized by 317 Mentor Graphics to perform beta testing. Customer agrees that any written 318 evaluations and all inventions, product improvements, modifications or 319 developments that Mentor Graphics conceived or made during or subsequent to 320 this Agreement, including those based partly or wholly on Customer's 321 feedback, will be the exclusive property of Mentor Graphics. Mentor 322 Graphics will have exclusive rights, title and interest in all such 323 property. The provisions of this Subsection 4.3 shall survive termination 324 of this Agreement. 325 </p></td></tr></tbody></table></div><p> 326 </p></li><li class="listitem"><p> 327 <span class="bold"><strong> 328Restrictions on Use. 329 </strong></span> 330 </p><div class="orderedlist"><table border="0" class="orderedlist"><colgroup><col align="left" valign="top"><col></colgroup><tbody><tr><td>5.1.</td><td><p> 331 Customer may copy Software only as reasonably necessary to support the 332 authorized use, including archival and backup purposes. Each copy must 333 include all notices and legends embedded in Software and affixed to its 334 medium and container as received from Mentor Graphics. All copies shall 335 remain the property of Mentor Graphics or its licensors. Except where 336 embedded in Executable Code form in Customer's Product, Customer shall 337 maintain a record of the number and location of all copies of Software, 338 including copies merged with other software and products, and shall make 339 those records available to Mentor Graphics upon request. Customer shall not 340 make Products available in any form to any person other than Customer's 341 employees, authorized manufacturers or authorized contractors, excluding 342 Mentor Graphics competitors, whose job performance requires access and who 343 are under obligations of confidentiality. Customer shall take appropriate 344 action to protect the confidentiality of Products and ensure that any person 345 permitted access does not disclose or use Products except as permitted by 346 this Agreement. Customer shall give Mentor Graphics immediate written 347 notice of any unauthorized disclosure or use of the Products as soon as 348 Customer learns or becomes aware of such unauthorized disclosure or use. 349 </p></td></tr><tr><td>5.2.</td><td><p> 350 Customer acknowledges that the Products provided hereunder may contain 351 Source Code which is proprietary and its confidentiality is of the highest 352 importance and value to Mentor Graphics. Customer acknowledges that Mentor 353 Graphics may be seriously harmed if such Source Code is disclosed in 354 violation of this Agreement. Except as otherwise permitted for purposes of 355 interoperability as specified by applicable and mandatory local law, 356 Customer shall not reverse-assemble, reverse-compile, reverse-engineer or in 357 any way derive any Source Code from Products that are not provided in Source 358 Code form. Except as embedded in Executable Code in Customer's Product and 359 distributed in the ordinary course of business, in no event shall Customer 360 provide Products to Mentor Graphics competitors. Log files, data files, 361 rule files and script files generated by or for the Software (collectively 362 "Files") constitute and/or include confidential information of Mentor 363 Graphics. Customer may share Files with third parties, excluding Mentor 364 Graphics competitors, provided that the confidentiality of such Files is 365 protected by written agreement at least as well as Customer protects other 366 information of a similar nature or importance, but in any case with at least 367 reasonable care. Under no circumstances shall Customer use Products or 368 allow their use for the purpose of developing, enhancing or marketing any 369 product that is in any way competitive with Products, or disclose to any 370 third party the results of, or information pertaining to, any benchmark. 371 </p></td></tr><tr><td>5.3.</td><td><p> 372 Customer may not assign this Agreement or the rights and duties under 373 it, or relocate, sublicense or otherwise transfer the Products, whether by 374 operation of law or otherwise ("Attempted Transfer"), without Mentor 375 Graphics' prior written consent, which shall not be unreasonably withheld, 376 and payment of Mentor Graphics' then-current applicable relocation and/or 377 transfer fees. Any Attempted Transfer without Mentor Graphics' prior 378 written consent shall be a material breach of this Agreement and may, at 379 Mentor Graphics' option, result in the immediate termination of the 380 Agreement and/or the licenses granted under this Agreement. The terms of 381 this Agreement, including without limitation the licensing and assignment 382 provisions, shall be binding upon Customer's permitted successors in 383 interest and assigns. 384 </p></td></tr><tr><td>5.4.</td><td><p> 385 Notwithstanding any provision in an OSS license agreement applicable to 386 a component of the Sourcery CodeBench Software that permits the 387 redistribution of such component to a third party in Source Code or binary 388 form, Customer may not use any Mentor Graphics trademark, whether registered 389 or unregistered, in connection with such distribution, and may not recompile 390 the Open Source Software components with the --with-pkgversion or 391 --with-bugurl configuration options that embed Mentor Graphics' trademarks 392 in the resulting binary. 393 </p></td></tr><tr><td>5.5.</td><td><p> 394 The provisions of this Section 5 shall survive the termination of this 395 Agreement. 396 </p></td></tr></tbody></table></div><p> 397 </p></li><li class="listitem"><p> 398 <span class="bold"><strong> 399Support Services. 400 </strong></span> 401 </p><div class="orderedlist"><table border="0" class="orderedlist"><colgroup><col align="left" valign="top"><col></colgroup><tbody><tr><td>6.1.</td><td><p> 402 Except as described in Sections 6.2, 6.3 and 6.4 below, and unless 403 otherwise specified in any applicable Addenda to this Agreement, to the 404 extent Customer purchases support services, Mentor Graphics will provide 405 Customer updates and technical support for the number of Developers at the 406 Development Location(s) for which support is purchased in accordance with 407 Mentor Graphics' then-current End-User Software Support Terms located at 408 <a class="ulink" href="http://supportnet.mentor.com/about/legal/" target="_top">http://supportnet.mentor.com/about/legal/</a>. 409 </p></td></tr><tr><td>6.2.</td><td><p> 410 To the extent Customer purchases support services for Sourcery CodeBench 411 Software, support will be provided solely in accordance with the provisions 412 of this Section 6.2. Mentor Graphics shall provide updates and technical 413 support to Customer as described herein only on the condition that Customer 414 uses the Executable Code form of the Sourcery CodeBench Software for 415 internal use only and/or distributes the Redistributable Components in 416 Executable Code form only (except as provided in a separate redistribution 417 agreement with Mentor Graphics or as required by the applicable Open Source 418 license). Any other distribution by Customer of the Sourcery CodeBench 419 Software (or any component thereof) in any form, including distribution 420 permitted by the applicable Open Source license, shall automatically 421 terminate any remaining support term. Subject to the foregoing and the 422 payment of support fees, Mentor Graphics will provide Customer updates and 423 technical support for the number of Developers at the Development 424 Location(s) for which support is purchased in accordance with Mentor 425 Graphics' then-current Sourcery CodeBench Software Support Terms located at 426 <a class="ulink" href="http://www.mentor.com/codebench-support-legal" target="_top">http://www.mentor.com/codebench-support-legal</a>. 427 </p></td></tr><tr><td>6.3.</td><td><p> 428 To the extent Customer purchases support services for Sourcery VSIPL++, 429 Mentor Graphics will provide Customer updates and technical support for the 430 number of Developers at the Development Location(s) for which support is 431 purchased solely in accordance with Mentor Graphics' then-current Sourcery 432 VSIPL++ Support Terms located at. 433 <a class="ulink" href="http://www.mentor.com/vsipl-support-legal" target="_top">http://www.mentor.com/vsipl-support-legal</a>. 434 </p></td></tr><tr><td>6.4.</td><td><p> 435 To the extent Customer purchases support services for Mentor Embedded 436 Linux, Mentor Graphics will provide Customer updates and technical support 437 for the number of Developers at the Development Location(s) for which 438 support is purchased solely in accordance with Mentor Graphics' then-current 439 Mentor Embedded Linux Support Terms located at 440 <a class="ulink" href="http://www.mentor.com/mel-support-legal" target="_top">http://www.mentor.com/mel-support-legal</a>. 441 </p></td></tr></tbody></table></div><p> 442 </p></li><li class="listitem"><p> 443 <span class="bold"><strong> 444Third Party and Open Source Software. 445 </strong></span> 446Products may contain Open Source 447Software or code distributed under a proprietary third party license agreement. 448Please see applicable Products documentation, including but not limited to 449license notice files, header files or source code for further details. Please 450see <a class="xref" href="apbs02.html#sec-open-source" title="B.2.2.�Components">Section�B.2.2, “Components”</a> 451 452for additional rights and 453obligations governing your use and distribution of Open Source Software. 454Customer agrees that it shall not subject any Product provided by Mentor 455Graphics under this Agreement to any Open Source Software license that does not 456otherwise apply to such Product. In the event of conflict between the terms of 457this Agreement, any Addenda and an applicable OSS or proprietary third party 458agreement, the OSS or proprietary third party agreement will control solely with 459respect to the OSS or proprietary third party software component. The 460provisions of this Section 7 shall survive the termination of this Agreement. 461 </p></li><li class="listitem"><p> 462 <span class="bold"><strong> 463Limited Warranty. 464 </strong></span> 465 </p><div class="orderedlist"><table border="0" class="orderedlist"><colgroup><col align="left" valign="top"><col></colgroup><tbody><tr><td>8.1.</td><td><p> 466 Mentor Graphics warrants that during the warranty period its standard, 467 generally supported Products, when properly installed, will substantially 468 conform to the functional specifications set forth in the applicable user 469 manual and/or specification. Mentor Graphics does not warrant that Products 470 will meet Customer's requirements or that operation of Products will be 471 uninterrupted or error free. The warranty period is 90 days starting on the 472 15th day after delivery or upon installation, whichever first occurs. 473 Customer must notify Mentor Graphics in writing of any nonconformity within 474 the warranty period. For the avoidance of doubt, this warranty applies only 475 to the initial shipment of Products under an Order and does not renew or 476 reset, for example, with the delivery of (a) Software updates or (b) 477 authorization codes. This warranty shall not be valid if Products have been 478 subject to misuse, unauthorized modification or improper installation. 479 MENTOR GRAPHICS' ENTIRE LIABILITY AND CUSTOMER'S EXCLUSIVE REMEDY SHALL BE, 480 AT MENTOR GRAPHICS' OPTION, EITHER (A) REFUND OF THE PRICE PAID UPON RETURN 481 OF THE PRODUCTS TO MENTOR GRAPHICS OR (B) MODIFICATION OR REPLACEMENT OF THE 482 PRODUCTS THAT DO NOT MEET THIS LIMITED WARRANTY, PROVIDED CUSTOMER HAS 483 OTHERWISE COMPLIED WITH THIS AGREEMENT. MENTOR GRAPHICS MAKES NO WARRANTIES 484 WITH RESPECT TO: (A) SERVICES; OR (B) PRODUCTS PROVIDED AT NO CHARGE, WHICH 485 ARE PROVIDED "AS IS" UNLESS OTHERWISE AGREED IN WRITING. 486 </p></td></tr><tr><td>8.2.</td><td><p> 487 THE WARRANTIES SET FORTH IN THIS SECTION 8 ARE EXCLUSIVE TO CUSTOMER AND 488 DO NOT APPLY TO ANY END-USER. NEITHER MENTOR GRAPHICS NOR ITS LICENSORS 489 MAKE ANY OTHER WARRANTIES, EXPRESS, IMPLIED, OR STATUTORY, WITH RESPECT TO 490 PRODUCTS OR OTHER MATERIAL PROVIDED UNDER THIS AGREEMENT. MENTOR GRAPHICS 491 AND ITS LICENSORS SPECIFICALLY DISCLAIM ALL IMPLIED WARRANTIES OF 492 MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT OF 493 INTELLECTUAL PROPERTY. 494 </p></td></tr></tbody></table></div><p> 495 </p></li><li class="listitem"><p> 496 <span class="bold"><strong> 497LIMITATION OF LIABILITY. 498 </strong></span> 499EXCEPT WHERE THIS EXCLUSION OR RESTRICTION OF 500LIABILITY WOULD BE VOID OR INEFFECTIVE UNDER APPLICABLE LAW, AND EXCEPT FOR 501EITHER PARTY'S BREACH OF ITS CONFIDENTIALITY OBLIGATIONS, CUSTOMER'S BREACH OF 502LICENSING TERMS OR CUSTOMER'S OBLIGATIONS UNDER SECTION 10, IN NO EVENT SHALL: 503(A) EITHER PARTY OR ITS RESPECTIVE LICENSORS BE LIABLE FOR INDIRECT, SPECIAL, 504INCIDENTAL, OR CONSEQUENTIAL DAMAGES (INCLUDING LOST PROFITS OR SAVINGS) WHETHER 505BASED ON CONTRACT, TORT OR ANY OTHER LEGAL THEORY, EVEN IF SUCH PARTY OR ITS 506LICENSORS HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES; AND (B) EITHER 507PARTY OR ITS RESPECTIVE LICENSORS' LIABILITY UNDER THIS AGREEMENT, INCLUDING, 508FOR THE AVOIDANCE OF DOUBT, LIABILITY FOR ATTORNEYS' FEES OR COSTS, EXCEED THE 509GREATER OF THE FEES PAID OR OWING TO MENTOR GRAPHICS FOR THE PRODUCT OR SERVICE 510GIVING RISE TO THE CLAIM OR $500,000 (FIVE HUNDRED THOUSAND U.S. DOLLARS). 511NOTWITHSTANDING THE FOREGOING, IN THE CASE WHERE NO AMOUNT WAS PAID, MENTOR 512GRAPHICS AND ITS LICENSORS SHALL HAVE NO LIABILITY FOR ANY DAMAGES WHATSOEVER. 513THE PROVISIONS OF THIS SECTION 9 SHALL SURVIVE THE TERMINATION OF THIS 514AGREEMENT. 515 </p></li><li class="listitem"><p> 516 <span class="bold"><strong> 517Hazardous Applications. 518 </strong></span> 519 </p><div class="orderedlist"><table border="0" class="orderedlist"><colgroup><col align="left" valign="top"><col></colgroup><tbody><tr><td>10.1.</td><td><p> 520 Customer agrees that Mentor Graphics has no control over Customer's 521 testing or the specific applications and use that Customer will make of 522 Products. Mentor Graphics Products are not specifically designed for use in 523 the operation of nuclear facilities, aircraft navigation or communications 524 systems, air traffic control, life support systems, medical devices or other 525 applications in which the failure of Mentor Graphics Products could lead to 526 death, personal injury, or severe physical or environmental damage 527 ("Hazardous Applications"). 528 </p></td></tr><tr><td>10.2.</td><td><p> 529 CUSTOMER ACKNOWLEDGES IT IS SOLELY RESPONSIBLE FOR TESTING PRODUCTS 530 USED IN HAZARDOUS APPLICATIONS AND SHALL BE SOLELY LIABLE FOR ANY DAMAGES 531 RESULTING FROM SUCH USE. NEITHER MENTOR GRAPHICS NOR ITS LICENSORS SHALL BE 532 LIABLE FOR ANY DAMAGES RESULTING FROM OR IN CONNECTION WITH THE USE OF 533 PRODUCTS IN ANY HAZARDOUS APPLICATIONS. 534 </p></td></tr><tr><td>10.3.</td><td><p> 535 CUSTOMER AGREES TO INDEMNIFY AND HOLD HARMLESS MENTOR GRAPHICS AND ITS 536 LICENSORS FROM ANY CLAIMS, LOSS, COST, DAMAGE, EXPENSE OR LIABILITY, 537 INCLUDING REASONABLE ATTORNEYS' FEES, ARISING OUT OF OR IN CONNECTION WITH 538 THE USE OF PRODUCTS AS DESCRIBED IN SECTION 10.1. 539 </p></td></tr><tr><td>10.4.</td><td><p> 540 THE PROVISIONS OF THIS SECTION 10 SHALL SURVIVE THE TERMINATION OF THIS 541 AGREEMENT. 542 </p></td></tr></tbody></table></div><p> 543 </p></li><li class="listitem"><p> 544 <span class="bold"><strong> 545Infringement. 546 </strong></span> 547 </p><div class="orderedlist"><table border="0" class="orderedlist"><colgroup><col align="left" valign="top"><col></colgroup><tbody><tr><td>11.1.</td><td><p> 548 Mentor Graphics will defend or settle, at its option and expense, any 549 action brought against Customer in the United States, Canada, Japan, or 550 member state of the European Union which alleges that any standard, 551 generally supported Product acquired by Customer hereunder infringes a 552 patent or copyright or misappropriates a trade secret in such jurisdiction. 553 Mentor Graphics will pay any costs and damages finally awarded against 554 Customer that are attributable to the action. Customer understands and 555 agrees that as conditions to Mentor Graphics' obligations under this section 556 Customer must: (a) notify Mentor Graphics promptly in writing of the 557 action; (b) provide Mentor Graphics all reasonable information and 558 assistance to settle or defend the action; and (c) grant Mentor Graphics 559 sole authority and control of the defense or settlement of the action. 560 </p></td></tr><tr><td>11.2.</td><td><p> 561 If a claim is made under Subsection 11.1 Mentor Graphics may, at its 562 option and expense, and in addition to its obligations under Section 11.1, 563 either (a) replace or modify the Product so that it becomes noninfringing; 564 or (b) procure for Customer the right to continue using the Product. If 565 Mentor Graphics determines that neither of those alternatives is financially 566 practical or otherwise reasonably available, Mentor Graphics may require the 567 return of the Product and refund to Customer any purchase price or license 568 fee(s) paid. 569 </p></td></tr><tr><td>11.3.</td><td><p> 570 Mentor Graphics has no liability to Customer if the claim is based 571 upon: (a) the combination of the Product with any product not furnished by 572 Mentor Graphics, where the Product itself is not infringing; (b) the 573 modification of the Product other than by Mentor Graphics or as directed by 574 Mentor Graphics, where the unmodified Product would not infringe; (c) the 575 use of the infringing Product when Mentor Graphics has provided Customer 576 with a current unaltered release of a non-infringing Product of 577 substantially similar functionality in accordance with Subsection 11.2(a); 578 (d) the use of the Product as part of an infringing process; (e) a product 579 that Customer makes, uses, or sells, where the Product itself is not 580 infringing; (f) any Product provided at no charge; (g) any software provided 581 by Mentor Graphics' licensors who do not provide such indemnification to 582 Mentor Graphics' customers; (h) Open Source Software, except to the extent 583 that the infringement is directly caused by Mentor Graphics' modifications 584 to such Open Source Software; or (i) infringement by Customer that is deemed 585 willful. In the case of (i), Customer shall reimburse Mentor Graphics for 586 its reasonable attorneys' fees and other costs related to the action. 587 </p></td></tr><tr><td>11.4.</td><td><p> 588 THIS SECTION 11 IS SUBJECT TO SECTION 9 ABOVE AND STATES: (A) THE 589 ENTIRE LIABILITY OF MENTOR GRAPHICS AND ITS LICENSORS AND (B) CUSTOMER'S 590 SOLE AND EXCLUSIVE REMEDY, WITH RESPECT TO ANY ALLEGED PATENT OR COPYRIGHT 591 INFRINGEMENT OR TRADE SECRET MISAPPROPRIATION BY ANY PRODUCT PROVIDED UNDER 592 THIS AGREEMENT. 593 </p></td></tr></tbody></table></div><p> 594 </p></li><li class="listitem"><p> 595 <span class="bold"><strong> 596Termination and Effect of Termination. 597 </strong></span> 598If a Software license was provided 599for limited term use, such license will automatically terminate at the end of 600the authorized Term. 601 </p><div class="orderedlist"><table border="0" class="orderedlist"><colgroup><col align="left" valign="top"><col></colgroup><tbody><tr><td>12.1.</td><td><p> 602 <span class="bold"><strong> 603 Termination for Breach. 604 </strong></span> 605 This Agreement shall remain in effect until 606 terminated in accordance with its terms. Mentor Graphics may terminate this 607 Agreement and/or any licenses granted under this Agreement, and Customer 608 will immediately discontinue use and distribution of Products, if Customer 609 (a) commits any material breach of any provision of this Agreement and fails 610 to cure such breach upon 30-days prior written notice; or (b) becomes 611 insolvent, files a bankruptcy petition, institutes proceedings for 612 liquidation or winding up or enters into an agreement to assign its assets 613 for the benefit of creditors. Termination of this Agreement or any license 614 granted hereunder will not affect Customer's obligation to pay for Products 615 shipped or licenses granted prior to the termination, which amounts shall be 616 payable immediately upon the date of termination. For the avoidance of 617 doubt, nothing in this Section 12 shall be construed to prevent Mentor 618 Graphics from seeking immediate injunctive relief in the event of any 619 threatened or actual breach of Customer's obligations hereunder. 620 </p></td></tr><tr><td>12.2.</td><td><p> 621 <span class="bold"><strong> 622 Effect of Termination. 623 </strong></span> 624 Upon termination of this Agreement, the rights 625 and obligations of the parties shall cease except as expressly set forth in 626 this Agreement. Upon termination or expiration of the Term, Customer will 627 discontinue use and/or distribution of Products, and shall return Hardware 628 and either return to Mentor Graphics or destroy Software in Customer's 629 possession, including all copies and documentation, and certify in writing 630 to Mentor Graphics within ten business days of the termination date that 631 Customer no longer possesses any of the affected Products or copies of 632 Software in any form, except to the extent an Open Source Software license 633 conflicts with this Section 12.2 and permits Customer's continued use of any 634 Open Source Software portion or component of a Product. Upon termination 635 for Customer's breach, an End-User may continue its use and/or distribution 636 of Customer's Product so long as: (a) the End-User was licensed according 637 to the terms of this Agreement, if applicable to such End-User, and (b) such 638 End-User is not in breach of its agreement, if applicable, nor a party to 639 Customer's breach. 640 </p></td></tr></tbody></table></div><p> 641 </p></li><li class="listitem"><p> 642 <span class="bold"><strong> 643Export. 644 </strong></span> 645The Products provided hereunder are subject to regulation by local 646laws and United States government agencies, which prohibit export or diversion 647of certain products, information about the products, and direct or indirect 648products thereof, to certain countries and certain persons. Customer agrees 649that it will not export Products in any manner without first obtaining all 650necessary approval from appropriate local and United States government agencies. 651Customer acknowledges that the regulation of product export is in continuous 652modification by local governments and/or the United States Congress and 653administrative agencies. Customer agrees to complete all documents and to meet 654all requirements arising out of such modifications. 655 </p></li><li class="listitem"><p> 656 <span class="bold"><strong> 657U.S. Government License Rights. 658 </strong></span> 659Software was developed entirely at 660private expense. All Software is commercial computer software within the 661meaning of the applicable acquisition regulations. Accordingly, pursuant to US 662FAR 48 CFR 12.212 and DFAR 48 CFR 227.7202, use, duplication and disclosure of 663the Software by or for the U.S. Government or a U.S. Government subcontractor 664is subject solely to the terms and conditions set forth in this Agreement, 665except for provisions which are contrary to applicable mandatory federal laws. 666 </p></li><li class="listitem"><p> 667 <span class="bold"><strong> 668Third Party Beneficiary. 669 </strong></span> 670For any Products licensed under this Agreement 671and provided by Customer to End-Users, Mentor Graphics or the applicable 672licensor is a third party beneficiary of the agreement between Customer and 673End-User. Mentor Graphics Corporation, Mentor Graphics (Ireland) Limited, and 674other licensors may be third party beneficiaries of this Agreement with the 675right to enforce the obligations set forth herein. 676 </p></li><li class="listitem"><p> 677 <span class="bold"><strong> 678Review of License Usage. 679 </strong></span> 680Customer will monitor the access to and use of 681Software. With prior written notice, during Customer's normal business hours, 682and no more frequently than once per calendar year, Mentor Graphics may engage 683an internationally recognized accounting firm to review Customer's software 684monitoring system, records, accounts and sublicensing documents deemed relevant 685by the internationally recognized accounting firm to confirm Customer's 686compliance with the terms of this Agreement or U.S. or other local export laws. 687Such review may include FlexNet (or successor product) report log files that 688Customer shall capture and provide at Mentor Graphics' request. Customer shall 689make records available in electronic format and shall fully cooperate with data 690gathering to support the license review. Mentor Graphics shall bear the expense 691of any such review unless a material non-compliance is revealed. Mentor 692Graphics shall treat as confidential information all Customer information gained 693as a result of any request or review and shall only use or disclose such 694information as required by law or to enforce its rights under this Agreement. 695Such license review shall be at Mentor Graphics' expense unless it reveals a 696material underpayment of fees of five percent or more, in which case Customer 697shall reimburse Mentor Graphics for the costs of such license review. Customer 698shall promptly pay any such fees. If the license review reveals that Customer 699has made an overpayment, Mentor Graphics has the option to either provide the 700Customer with a refund or credit the amount overpaid to Customer's next payment. 701The provisions of this Section 16 shall survive the termination of this 702Agreement. 703 </p></li><li class="listitem"><p> 704 <span class="bold"><strong> 705Controlling Law, Jurisdiction and Dispute Resolution. 706 </strong></span> 707This Agreement shall 708be governed by and construed under the laws of the State of California, USA, 709excluding choice of law rules. All disputes arising out of or in relation to 710this Agreement shall be submitted to the exclusive jurisdiction of the state and 711federal courts of California, USA. Nothing in this section shall restrict 712Mentor Graphics' right to bring an action (including for example a motion for 713injunctive relief) against Customer or its Subsidiary in the jurisdiction where 714Customer's or its Subsidiary's place of business is located. The United Nations 715Convention on Contracts for the International Sale of Goods does not apply to 716this Agreement. 717 </p></li><li class="listitem"><p> 718 <span class="bold"><strong> 719Severability. 720 </strong></span> 721If any provision of this Agreement is held by a court of 722competent jurisdiction to be void, invalid, unenforceable or illegal, such 723provision shall be severed from this Agreement and the remaining provisions will 724remain in full force and effect. 725 </p></li><li class="listitem"><p> 726 <span class="bold"><strong> 727Miscellaneous. 728 </strong></span> 729This Agreement contains the parties' entire understanding 730relating to its subject matter and supersedes all prior or contemporaneous 731agreements, including but not limited to any purchase order terms and 732conditions. This Agreement may only be modified in writing, signed by an 733authorized representative of each party. Waiver of terms or excuse of breach 734must be in writing and shall not constitute subsequent consent, waiver or 735excuse. 736 </p></li></ol></div><p> 737Rev. 120305, Part No. 252061 738 </p></div></div></div><div class="navfooter"><hr><table width="100%" summary="Navigation footer"><tr><td width="40%" align="left"><a accesskey="p" href="chap-release.html">Prev</a>�</td><td width="20%" align="center">�</td><td width="40%" align="right">�<a accesskey="n" href="apbs02.html">Next</a></td></tr><tr><td width="40%" align="left" valign="top">Appendix�A.�Sourcery CodeBench Lite Release Notes�</td><td width="20%" align="center"><a accesskey="h" href="index.html">Home</a></td><td width="40%" align="right" valign="top">�B.2.�Licenses for Sourcery CodeBench Lite Components</td></tr></table></div></body></html> 739