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Synopsys FPGA Licensing Guide

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Copyright and License Agreement<br />

If the SOFTWARE becomes or, in the reasonable opinion of <strong>Synopsys</strong> is likely<br />

to become, the subject of an infringement claim or action, <strong>Synopsys</strong> may, at<br />

<strong>Synopsys</strong>’s option and at no charge to Licensee, (a) obtain a license so<br />

Licensee may continue use of the SOFTWARE; (b) modify the SOFTWARE to<br />

avoid the infringement; (c) replace the SOFTWARE with a compatible,<br />

functionally equivalent, and non-infringing product, or (d) terminate the<br />

licenses granted hereunder and refund to Licensee the amount paid for the<br />

SOFTWARE, as depreciated on a straight-line 5-year basis, or such other<br />

shorter period applicable to time-based licenses.<br />

THE FOREGOING PROVISIONS OF THIS SECTION STATE THE ENTIRE AND SOLE<br />

LIABILITY AND OBLIGATIONS OF SYNOPSYS, AND THE EXCLUSIVE REMEDY OF<br />

LICENSEE, WITH RESPECT TO ANY ACTUAL OR ALLEGED INFRINGEMENT OF ANY<br />

INTELLECTUAL PROPERTY RIGHTS BY THE SOFTWARE (INCLUDING DESIGN<br />

TECHNIQUES) AND DOCUMENTATION.<br />

Export. Licensee agrees that the goods, software, and technology subject to<br />

this Agreement are subject to the export control laws and regulations of the<br />

United States, including but not limited to the Export Administration Regulations<br />

(“EAR”), and sanctions regulations of the U.S. Department of Treasury,<br />

Office of Foreign Asset Controls and that Licensee will comply with these laws<br />

and regulations. Without limiting the foregoing, Licensee will not, without a<br />

U.S. Bureau of Industry and Security license or license exception, (i) export,<br />

re-export, or transfer any technology, software, or source code subject to this<br />

Agreement, either directly or indirectly, to any national of any country<br />

identified in Country Groups D:1 or E:2 as defined in the EARs, or (ii) export<br />

to any country identified in Country Groups D:1 or E:2 the direct product of<br />

the technology, software or source code, if such foreign produced product is<br />

subject to the national security controls as identified on the Commerce<br />

Control List (“CCL”). In addition, goods, software and any technology subject<br />

to this Agreement may not be exported, reexported, or transferred to (a) to any<br />

person or entity listed on the “Entity List”, “Denied Persons List” or the list of<br />

“Specifically Designated Nationals and Blocked Persons” as such lists are<br />

maintained by the U.S. Government, or (b) an end-user engaged in activities<br />

related to weapons of mass destruction. Such activities include but are not<br />

necessarily limited to activities related to: (1) the design, development,<br />

production, or use of nuclear materials, nuclear facilities, or nuclear<br />

weapons; (2) the design, development, production, or use of missiles or<br />

support of missiles projects; and (3) the design, development, production, or<br />

use of chemical or biological weapons. Licensee agrees to indemnify, to the<br />

fullest extent permitted by law, <strong>Synopsys</strong> from and against any fines or<br />

penalties that may arise as a result of Licensee’s breach of this provision.<br />

Synplicity <strong>Licensing</strong> User <strong>Guide</strong>, October 2008 xv

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