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IMPORTANT

PLEASE READ THESE TERMS OF USE CAREFULLY BEFORE USING THIS WEBSITE. BY ACCESSING OR USING ANY PART OF THIS WEBSITE, SPECIFICATION, CONTENT, OR RELATED INFORMATION YOU UNCONDITIONALLY AGREE TO COMPLY WITH THESE TERMS.

TERMS OF USE

This website and related information (collectively the “Website”) is provided to you by Mentor Graphics Corporation or its subsidiaries (“Mentor Graphics”). Mentor Graphics reserves the right to modify, interrupt, suspend or discontinue the Website, temporarily or permanently, at any time, and will not be liable to you or any third party for any such modification, interruption, suspension or discontinuation.

1. LICENSE

1.1 All right, title and interest in and to the Website (excluding Submissions) including, but not limited to, the design, selection, arrangement, compilation, assembly and look and feel of thereof are the exclusive property of Mentor Graphics and its licensors. Mentor Graphics grants you a nonexclusive, nontransferable, limited license to access and use the Website. Any and all rights to use the Website that are not expressly granted to you under these terms are reserved for Mentor Graphics or its licensors. These terms and your rights and license granted herein may not be assigned or transferred by you, in whole or in part, by operation of law or otherwise, without prior written consent of Mentor Graphics. Unauthorized use of the Website is prohibited, may be a violation of federal and state laws, rules, regulations, and treaties, and could result in civil or criminal liability and penalties.

1.2 The Website is provided to EDX Participants and other interested professionals to facilitate the exchange of information related to the EDX Format. Please feel free to raise questions about design or development issues you are encountering, offer your perspective on important and emerging industry issues, and share expertise with your peers.

1.3 If you are not an EDX Participant and would like to become one, please click here: http://www.edx-sa.com/join/

2. ACCOUNT

You may be required to register for a user account to access and use the Website in accordance with these terms. Your user account will be personal to you and your login information may not be used by any other individual or entity. If you are using the Website on behalf of a legal entity, you represent and warrant that you are authorized to enter into a legally binding agreement on behalf of the legal entity. You may not create user accounts through any automated method including, but not limited to, using a scraper, spider, bot, crawler or script. You may be required to provide personal information, which Mentor Graphics will use in accordance with its privacy policy, http://www.mentor.com/terms_conditions/privacy, which is incorporated in these terms. Mentor Graphics may update the privacy policy at any time at its sole discretion.

By providing information to Mentor Graphics, you represent and warrant that all information is true, accurate, current and complete, and agree to update your information as necessary to ensure your information remains true, accurate, current and complete. You are solely responsible for all activities that occur on or through your account, and are responsible for maintaining the security of your account information including your username and password. You will notify Mentor Graphics immediately if you suspect any unauthorized use of, or access to, your account.

Mentor Graphics may disable, deny access to, or terminate any username, password or account at any time for any reason or no reason, without notice and without liability of any kind.

3. SUBMISSIONS

By uploading, posting, displaying, transmitting or submitting any data to this website (“Submission”), you grant Mentor Graphics a worldwide, perpetual, royalty-free, non-exclusive license to use, reproduce, modify, adapt and publish your Submission in any form. Your Submission will be considered non-confidential, and Mentor Graphics is free to disclose your Submission to any third party without restriction. For the avoidance of doubt, you retain all ownership rights that you have in your Submission.

You represent and warrant that you own all rights in and to your Submission or that you have acquired all necessary rights in your Submission to enable you to grant the above license. You also represent and warrant that posting, downloading, copying or using your Submission does not and will not misappropriate, infringe or violate the rights of any third party, including, without limitation, patent, copyright, trademark, trade secret, confidentiality or other intellectual property, or proprietary rights, or rights of privacy or publicity. Upon request, you will provide Mentor Graphics with any documentation necessary to verify your compliance with these terms. Except as prohibited by law, you waive any moral rights you may have in your Submission under the laws of any jurisdiction. Mentor Graphics has no obligation to monitor or enforce your intellectual property rights, but maintains the right to protect and enforce its rights to use, reproduce, modify, adapt and publish your Submission.

You will not post or link to any Submission that violates any applicable law, rule or regulation; infringes or violates the legal rights of any third party; is defamatory, libelous, false, fraudulent, threatening, abusive, obscene, pornographic, derogatory, harassing or otherwise objectionable, or promotes or otherwise incites racism, bigotry, hatred or physical harm of any kind against any group or individual; misleads others regarding your identity; encourages conduct that would constitute a criminal offense, give rise to civil liability or otherwise violate any law, rule or regulation; contains any software virus or any other code, file, program or disabling device designed to damage, interfere with, intercept or expropriate any system, data or personal information; or contains any advertising, promotion, solicitation or other commercial material, or involves commercial activities and/or sales including, but not limited to, contests or sweepstakes without Mentor Graphics’ prior written consent.

Mentor Graphics may use your ideas, suggestions, improvements, or other feedback regarding the Website in any manner and for any purpose, including but not limited to, inventions, improvements, modifications and developments without restriction, liability or compensation to you.

4. SHARING

The Website may allow you to adjust privacy settings to restrict collaborator access to your Submissions. You may submit, post, display, upload, send, or otherwise provide Submissions or other materials (“Sharing”) to other users on or through The Website. By Sharing your submission, you agree to allow other users to view, download and use your Submission. When Sharing, you will not imply that you are affiliated with Mentor Graphics in any manner or that Mentor Graphics approves of your Submission in any way. Mentor Graphics may revoke your Sharing privileges at any time and for any reason. You will immediately cease Sharing upon notice of revocation and comply with any terms deemed necessary by Mentor Graphics.

5. MONITORING

Mentor Graphics does not pre-screen, verify, edit, monitor, or moderate submissions, but may do so from time to time in Mentor Graphics’ sole discretion, including in private groups. Mentor Graphics reserves the right to remove any submission at any time for any reason or no reason, and to investigate any violation of these terms and to take appropriate remedial action.

6. DISCLAIMER OF WARRANTY

THE WEBSITE IS PROVIDED “AS-IS.” NEITHER MENTOR GRAPHICS NOR ITS LICENSORS MAKE ANY WARRANTY, EXPRESS, IMPLIED OR STATUTORY WITH RESPECT TO THE WEBSITE OR OTHER MATERIAL PROVIDED UNDER THESE TERMS. MENTOR GRAPHICS AND ITS LICENSORS SPECIFICALLY DISCLAIM ALL IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT OF INTELLECTUAL PROPERTY. MENTOR GRAPHICS AND ITS LICENSORS OFFER NO PATENT, TRADE SECRET, COPYRIGHT, OR INTELLECTUAL PROPERTY INDEMNIFICATION WITH RESPECT TO THE WEBSITE OR OTHER MATERIAL PROVIDED UNDER THESE TERMS.

MENTOR GRAPHICS MAKES NO WARRANTY THAT YOUR ACCESS TO THE WEBSITE WILL BE UNINTERRUPTED, ERROR-FREE, TIMELY, SECURE OR WILL OPERATE AT ANY PARTICULAR SPEED OR FREQUENCY. MENTOR GRAPHICS DOES NOT GUARANTEE AVAILABILITY OF THE WEBSITE DURING SCHEDULED OR UNSCHEDULED DOWNTIME.

7. LIMITATION OF LIABILITY

EXCEPT WHERE THIS EXCLUSION OR RESTRICTION OF LIABILITY WOULD BE VOID OR INEFFECTIVE UNDER APPLICABLE LAW, IN NO EVENT WILL MENTOR GRAPHICS OR ITS LICENSORS BE LIABLE FOR ANY DIRECT, 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. THE PROVISIONS OF THIS SECTION 8 WILL SURVIVE THE EXPIRATION OR TERMINATION OF THESE TERMS.

8. HAZARDOUS APPLICATIONS

YOU ACKNOWLEDGE THAT YOU ARE SOLELY RESPONSIBLE FOR TESTING YOUR PRODUCTS USED IN APPLICATIONS WHERE THE FAILURE OR INACCURACY OF YOUR PRODUCTS MIGHT RESULT IN DEATH OR PERSONAL INJURY (“HAZARDOUS APPLICATIONS”). EXCEPT TO THE EXTENT THIS EXCLUSION OR RESTRICTION OF LIABILITY WOULD BE VOID OR INEFFECTIVE UNDER APPLICABLE LAW, IN NO EVENT WILL MENTOR GRAPHICS OR ITS LICENSORS BE LIABLE FOR ANY DAMAGES RESULTING FROM OR IN CONNECTION WITH THE USE OF THE WEBSITE IN OR FOR HAZARDOUS APPLICATIONS. THE PROVISIONS OF THIS SECTION 9 WILL SURVIVE THE EXPIRATION OR TERMINATION OF THESE TERMS.

9. 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: USE OF OR ACCESS TO THE WEBSITE; BREACH OR ALLEGED BREACH OF THESE TERMS; SUBMISSIONS; VIOLATION OF ANY LAW, RULE, REGULATION, CODE, STATUTE, ORDINANCE OR ORDER OF ANY GOVERNMENT OR QUASI-GOVERNMENT AGENCY INCLUDING, BUT NOT LIMITED TO, REGULATORY, ADMINISTRATIVE AND LEGISLATIVE AGENCIES; VIOLATION OF ANY THIRD PARTY’S RIGHTS INCLUDING, BUT NOT LIMITED TO, ANY INTELLECTUAL PROPERTY, PUBLICITY, CONFIDENTIALITY, PROPERTY OR PRIVACY RIGHT; MISREPRESENTATION OF ANY KIND; OR USE OF THE WEBSITE IN OR FOR HAZARDOUS APPLICATIONS. IN MENTOR GRAPHICS’ SOLE DISCRETION, AT YOUR EXPENSE, MENTOR GRAPHICS MAY ASSUME THE EXCLUSIVE DEFENSE AND CONTROL OF ANY MATTER SUBJECT TO INDEMNIFICATION BY YOU. YOU AGREE TO COOPERATE AND COMPLY WITH MENTOR GRAPHICS’ DEFENSE OF ANY CLAIM. YOU WILL NOT, IN ANY EVENT, SETTLE ANY CLAIM WITHOUT PRIOR WRITTEN CONSENT OF MENTOR GRAPHICS. THE PROVISIONS OF THIS SECTION 10 WILL SURVIVE THE EXPIRATION OR TERMINATION OF THESE TERMS.

10. TERM AND TERMINATION

These terms remain effective until expiration or termination. Your right to use the Website will automatically terminate if you fail to comply with any of these terms or conditions. If the Website is provided for limited term use, your right to use Website will automatically expire at the end of the authorized term. Upon any termination or expiration, you agree to cease all use of the Website and return any content to Mentor Graphics or certify deletion and destruction of content, including all copies, to Mentor Graphics’ reasonable satisfaction.

11. THIRD PARTY WEBSITE

The Website may include third party content, including software and products, and links to third party websites (collectively “Third Party Content”). Mentor Graphics does not examine, evaluate, or monitor Third Party Website, and does not control, endorse or support Third Party Content, or any opinion expressed therein. Mentor Graphics makes no representation or warranty of any kind as to the accuracy, reliability, or completeness of any Third Party Content. All Third Party Content is the sole responsibility of the party responsible for originally posting the content and any link is provided for your convenience only. Third party software or products will be identified as provided by a third party and the applicable third party terms of use or license agreement will apply. You agree that Mentor Graphics is not responsible or liable for Third Party Content, or for the results obtained from your use of Third Party Content. Your access to, use of, or reliance on any Third Party Content is entirely at your own risk.

12. EXPORT AND INTERNATIONAL ACCESS

The Website provided hereunder may be subject to regulation by local laws and United States (“U.S.”) government agencies, which prohibit export, re-export or diversion of certain content, information about content, and direct or indirect products thereof, to certain countries and certain persons. You agree that you will not export or re-export the Website in any manner. If you wish to disclose any information to Mentor Graphics that is subject to any U.S. or other applicable export restrictions, including without limitation the U.S. International Traffic in Arms Regulations (ITAR) or special controls under the Export Administration Regulations (EAR), you will notify Mentor Graphics personnel, in advance of each instance of disclosure, that such information is subject to such export restrictions. Mentor Graphics makes no representation that the Website are appropriate or will be available for use in locations outside the United States, and accessing the Website from territories where the Website or included materials are illegal is prohibited. If you choose to access the Website from outside the United States, you do so on your own initiative and you are solely responsible for compliance with applicable local laws.

13. THIRD PARTY BENEFICIARY

Mentor Graphics (Ireland) Limited, Microsoft Corporation and other licensors may be third party beneficiaries of these terms with the right to enforce the obligations set forth herein.

14. CONTROLLING LAW

Any software included in Content was developed entirely at private expense. You agree that all software is commercial computer software within the meaning of the applicable acquisition regulations. Accordingly, pursuant to U.S. FAR 48 CFR 12.212 and DFAR 48 CFR 227.7202, use, duplication and disclosure of Content by or for the U.S. government or a U.S. government subcontractor is subject solely to these terms and conditions, which will supersede any conflicting terms or conditions in any government order document, except for provisions which are contrary to applicable mandatory federal laws.

15. SEVERABILITY

If any provision of these terms is held by a court of competent jurisdiction to be void, invalid, unenforceable or illegal, such provision will be severed from these terms and the remaining provisions will remain in full force and effect.

16. MISCELLANEOUS

These terms do not transfer any intellectual property rights from Mentor Graphics or a third party to you, and you do not acquire any ownership interest or rights in the Website. Neither these terms nor your use of the Website create a partnership, franchise, joint venture, agency, fiduciary or employment relationship between you and Mentor Graphics. Waiver of terms or excuse of breach must be in writing and will not constitute subsequent consent, waiver or excuse.

 

17. COPYRIGHT POLICY

 

Mentor Graphics Corporation, its officers, employees, affiliates, subsidiaries, divisions, representatives and agents acting on its behalf (collectively referred to herein as “We”, “Us”, “Our” and “Mentor Graphics”) respect others’ intellectual property rights, and request that the users of edx-sa.com (“Web Site”) do the same. All content, including copyrightable works, trademarks, service marks, and patentable inventions, on the Web Site are the property of Mentor Graphics unless explicitly stated otherwise. No right, title, or interest to the content is granted by your use of the Web Site, other than a right to review the content using a conventional Internet browser (i.e., ordinary web browsing). Any other uses, including making copies of any content, are strictly prohibited.

 

In compliance with the Digital Millennium Copyright Act (“DMCA”) at 17 U.S.C. § 512 et seq., Mentor Graphics does not interfere with standard technical measures identifying and/or protecting copyrighted works, implements its own technological measures to protect its own copyrighted works, and reserves the right to terminate any user account who is a repeat infringer of Mentor Graphics’ or others’ copyrights.

 

DMCA Notices: If you believe there is content on the site that infringes your copyright, you may submit a DMCA Notification of alleged copyright infringement to Mentor Graphics. It is Mentor Graphics’s policy to respond to notices of alleged copyright infringement according to the DMCA promptly and responsibly. Regardless of whether or not Mentor Graphics believes that it is liable for any copyright infringement for which we are provided notice, our response may include removing or disabling access to material claimed to be the subject of infringing activity and/or terminating subscriber access to the site, at our sole discretion and operating within the parameters of the DMCA.

 

If you believe there is content on the site that infringes your copyright, you may submit a DMCA Notification of alleged copyright infringement by emailing the DMCA Notification to: tom_evans@mentor.com or by mailing the notice to:

 

Mentor Graphics Corporation

DMCA Content Manager

Thomas L. Evans

8005 S.W. Boeckman Road

Wilsonville, OR 97070-7777

 

Any such DMCA Notification must include the following:

  • Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works are covered by a single notification, a representative list of such works.
  • Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is requested to be removed or access to which is requested to be disabled, and information reasonably sufficient to permit Mentor Graphics to locate the material.
  • Information reasonably sufficient to permit Mentor Graphics to contact you (i.e., the complaining party), such as an address, telephone number, and, if available, an electronic mail address at which you may be contacted.
  • A statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law.
  • A statement that the information in the notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
  • A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed, and who is subjecting him or herself to prosecution for perjury in the event that false statements are made therein.

 

Upon receiving a DMCA Notification in compliance with the above, Mentor Graphics will act to expeditiously remove, or disable access to, the material that is claimed to be infringing or to be the subject of infringing activity. If we remove or disable access in response to a DMCA Notification, we will make a good-faith attempt to contact the owner or administrator of the affected content so that they can submit a DMCA Counter-Notification, if applicable. We may also document notices of alleged infringement on which we act, and provide copies of notices of alleged infringement to third parties, at our discretion.

 

If your content has been removed by us in response to our receipt of a DMCA Notification as outlined above, and you believe the removal was inappropriate, you may submit a DMCA Counter-Notification by emailing the DMCA Counter-Notification to: tom_evans@mentor.com or by mailing the notice to:

 

Mentor Graphics Corporation

DMCA Content Manager

Thomas L. Evans

8005 S.W. Boeckman Road

Wilsonville, OR 97070-7777

 

Any such DMCA Counter-Notification must include the following:

  • Identification of the material that has been removed or to which access has been disabled and the location at which the material appeared before it was removed or access to it was disabled.
  • A statement under penalty of perjury that you have a good faith belief that the material was removed or disabled as a result of mistake or misidentification of the material to be removed or disabled.
  • Your name, address, and telephone number, and a statement that you consent to the jurisdiction of Federal District Court for the judicial district in which your address is located, or if your address is outside of the United States, for any judicial district for which jurisdiction for Mentor Graphics would be appropriate, and that you will accept service of process from the person who submitted the DMCA notification or an agent of such person.
  • A physical or electronic signature of the user whose material was removed.

 

Upon receiving a DMCA Counter-Notification in compliance with the above, Mentor Graphics will reasonably act to notify the person who provided the initial DMCA Notification with a copy of the DMCA Counter-Notification, and inform that person that Mentor Graphics will replace the removed material or cease disabling access to it after 10 business days and no later than 14 business days. At such time, Mentor Graphics will replace the removed material and cease disabling access to the removed material, unless we first receive notice from the person who submitted the initial DMCA Notification that such person has filed an action seeking a court order to restrain the alleged infringer from engaging in infringing activity relating to the material on the web site.