Legal

MENTO­R GRAPHICS BOARD FARM ACCESS AGREEMENT

This Board Farm Access Agreement (“Agreement”) governs the use of the Board Farm, as defined in Section 1, by you, either individually or as an authorized representative of the school or company accessing the Board Farm (“You”). BY CLICKING ON THE “I ACCEPT” BUTTON, YOU ACKNOWLEDGE THAT (1) YOU ARE AUTHORIZED TO ENTER THIS AGREEMENT, AND (2) YOU HAVE READ AND UNDERSTAND AND AGREE THAT YOU SHALL BE BOUND BY THESE TERMS AND CONDITIONS.  IF YOU DO NOT AGREE WITH THESE TERMS AND CONDITIONS, CLICK ON THE “I DO NOT ACCEPT” BUTTON BELOW.

1. Board Farm. Pursuant to the terms of this Agreement, Mentor Graphics Corporation ("Mentor Graphics”) will allow You to access and use the Boards listed at http://sole.shoeleather-lab.com (collectively “Board Farm”). For purposes of this Agreement, a Board shall be defined as a hardware device containing one or more central processing units, memory, and peripherals. Such access and use are limited to uploading software to a Board and executing software on a Board for the purposes of (i) developing software, (ii) debugging software, (iii) testing software, and (iv) benchmarking software, Boards or both.

2. Disclaimer of Warranty. Access to and use of the Board Farm are provided to You as a convenience only. Mentor Graphics makes no representation that the Board Farm will meet your requirements or that access to the Board Farm will be uninterrupted or error free. access to AND USE OF the BOARD farm ARE provided “as is” without warranty. Mentor Graphics has no obligation to support or otherwise maintain ANY BOARD OR THE BOARD FARM. Mentor Graphics makes no warranties, express or implied, with respect to ANY BOARD OR the BOARD FARM including any warranty of merchantability or fitness for a particular purpose. THE ENTIRE RISK AS TO THE QUALITY AND PERFORMANCE OF ANY INDIVIDUAL BOARD OR THE BOARD FARM IS WITH YOU. MENTOR GRAPHICS MAKES NO WARRANTY, EXPRESS, IMPLIED OR STATUTORY, THAT BOARD FARM IS FREE FROM ANY CLAIM OF INFRINGEMENT OF ANY THIRD PARTY’S INTELLECTUAL PROPERTY RIGHTS. IF AN ACTION IS BROUGHT AGAINST YOU ALLEGING THAT A BOARD OR THE BOARD FARM INFRINGES A COPYRIGHT OR PATENT OR MISAPROPRIATES A TRADE SECRET, MENTOR GRAPHICS SHALL HAVE NO LIABILITY TO YOU FOR SUCH ACTION.

3. Limitation of Liability. Mentor Graphics is not liable for any property damage, personal injury, loss of profits, interruption of business, or for any other indirect, special, consequential or incidental damages, however caused, whether for breach of warranty, contract, tort (including negligence), strict liability or otherwise. MENTOR GRAPHICS SHALL HAVE NO LIABILITY FOR ANY DAMAGES WHATSOEVER IN CONNECTION WITH THE BOARD FARM OR YOUR USE THEREOF.

4. INDEMNIFICATION. YOU AGREE TO DEFEND, AT YOUR EXPENSE, INDEMNIFY AND HOLD HARMLESS MENTOR GRAPHICS AGAINST ANY LOSS, COST, EXPENSE, OR LIABILITY ARISING OUT OF ANY CLAIM BY A THIRD PARTY AGAINST MENTOR GRAPHICS RESULTING FROM YOUR USE OF THE BOARD FARM.

5. Term and Termination. This Agreement shall remain in effect until terminated. Mentor Graphics may terminate this Agreement immediately without notice if You breach any of your obligations set forth in this Agreement. Mentor Graphics may terminate this Agreement at any time upon 15 days prior written notice.

6. Assignment. Mentor Graphics may assign this Agreement and any or all of its rights and obligations under this Agreement. You may not assign any of your rights or obligations under this Agreement.

7. Controlling Law, Jurisdiction and Dispute Resolution. This Agreement shall be governed by and construed under the laws of the State of Oregon, USA. All disputes arising out of or in relation to this Agreement shall be submitted to the exclusive jurisdiction of Portland, Oregon.

8. Miscellaneous. This Agreement contains the parties' entire understanding relating to its subject matter and supersedes all prior or contemporaneous agreements related to the subject matter of this Agreement. 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.


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