Synopsys FPGA Licensing Guide

Copyright and License Agreement
thereof. Some states/jurisdictions do not allow the limitation or exclusion of
incidental or consequential damages, so the above limitations or exclusions
may not apply. The limitations of liability in this section are a fundamental
part of this Agreement and enable Synopsys to provide products and services
to Licensee at lower prices. These limitations of liability are intended to apply
even if an exclusive remedy is found to have failed of its essential purpose.
Safe Operation. THE SOFTWARE IS NOT DESIGNED OR INTENDED FOR
DESIGNING COMPONENTS FOR EQUIPMENT INTENDED FOR SURGICAL IMPLANT
INTO THE BODY, OR OTHER APPLICATIONS INTENDED TO SUPPORT OR SUSTAIN
LIFE, FOR USE IN FLIGHT CONTROL OR ENGINE CONTROL EQUIPMENT WITHIN
AN AIRCRAFT, OR FOR ANY OTHER APPLICATION IN WHICH THE FAILURE
THEREOF COULD CREATE A SITUATION IN WHICH PERSONAL INJURY OR DEATH
MAY OCCUR, AND LICENSEE SHALL HAVE NO RIGHTS HEREUNDER FOR ANY
SUCH APPLICATIONS.
Intellectual Property Right Infringement. Synopsys will, at its expense,
defend or, at its option, settle any claim or action brought against Licensee to
the extent it is based on a third party claim that the SOFTWARE as used
pursuant to this Agreement infringes or violates any United States patent
issued before the delivery date of the subject SOFTWARE, copyright, trade
secret or trademark of any third party, and Synopsys will indemnify and hold
Licensee harmless from and against any damages, costs and fees awarded in
such claim or action; provided that Licensee provides Synopsys with (a)
prompt written notification of the claim or action; (b) sole control and
authority over the defense or settlement thereof (including all negotiations);
and (c) at Synopsys’s expense, all available information, assistance and
authority to settle and/or defend any such claim or action. Synopsys’s obligations
under this subsection do not apply to the extent that (i) such claim or
action would have been avoided but for modifications of the SOFTWARE, or
portions thereof, other than modifications made by Synopsys after delivery to
Licensee; (ii) such claim or action would have been avoided but for the combination
or use of the SOFTWARE, or portions thereof, with other products,
processes or materials not supplied or specified in writing by Synopsys; (iii)
Licensee continues allegedly infringing activity after being notified thereof or
after being informed of modifications that would have avoided the alleged
infringement; or (iv) Licensee’s use of the SOFTWARE is not strictly in accordance
with the terms of this Agreement. Licensee will be liable for all
damages, costs, expenses, settlements and attorneys’ fees related to any
claim of infringement arising LOas
a result of (i)-(iv) above.
xiv Synplicity Licensing User Guide, October 2008