This is a legal agreement between the end user, and Cadence Design Systems, Inc.
PLEASE READ THIS LICENSE CAREFULLY BEFORE PROCEEDING. BY USING THE SOFTWARE OR BY CLICKING "ACCEPT" BELOW, YOU ARE AGREEING THAT YOU SHALL BE BOUND BY THE TERMS AND CONDITIONS OF THIS SOFTWARE LICENSE AGREEMENT. IF YOU ARE AGREEING TO THIS LICENSE ON BEHALF OF A COMPANY, YOU REPRESENT THAT YOU ARE AUTHORIZED TO BIND THE COMPANY TO THIS AGREEMENT. THE OASCAN UTILITY INCLUDED HEREIN IS NOT PART OF THE OPENACCESS IMPLEMENTATION AND NOT GOVERNED BY YOUR OPENACCESS INTERNAL USE AND DISTRIBUTION AGREEMENT.
GRANT OF LICENSE: Cadence grants to you the temporary right to use one (1) copy of the enclosed software program (the "SOFTWARE"). You may copy the SOFTWARE as necessary with your authorized use of the SOFTWARE provided that you reproduce all copyright and other proprietary notices that are on the original copy of the SOFTWARE provided to you. You may use the SOFTWARE solely to view and modify design files created from an OpenAccess database. No other uses are permitted hereunder. The enclosed SOFTWARE is licensed, not sold, to you by Cadence for use only under the terms of this license, and Cadence reserves any rights not expressly granted to you. You may not copy the written materials accompanying the SOFTWARE.
RESTRICTIONS: YOU MAY NOT REVERSE ENGINEER, DECOMPILE OR DISASSEMBLE THE SOFTWARE OR ALLOW ANY THIRD PARTY TO DO SO. YOU MAY NOT USE, RENT, LEASE, LOAN, DISTRIBUTE, COPY, MODIFY, OR TRANSFER THE SOFTWARE IN WHOLE OR IN PART, EXCEPT AS EXPRESSLY PROVIDED IN THIS AGREEMENT. ANY ATTEMPT TO TRANSFER ANY OF THE RIGHTS, DUTIES OR OBLIGATIONS HEREUNDER EXCEPT AS EXPRESSLY PROVIDED FOR IN THIS LICENSE IS VOID.
TERM: This Agreement has a term of one year from the date you initially access the SOFTWARE. You may terminate this Agreement at any time by destroying the SOFTWARE and all copies thereof. This Agreement will terminate immediately and automatically without notice if you fail to comply with any term or condition of this Agreement. Upon termination, you agree to destroy the SOFTWARE and all copies.
LIMITED WARRANTY AND REMEDIES: THE SOFTWARE IS PROVIDED "AS IS" AND WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NONINFRINGEMENT. SOME STATES/COUNTRIES DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES SO THAT THE ABOVE EXCLUSION MAY NOT APPLY TO YOU. THIS LIMITED WARRANTY GIVES YOU SPECIFIC LEGAL RIGHTS AND YOU MAY HAVE OTHERS WHICH VARY FROM STATE/COUNTRY TO STATE/COUNTRY.
LIMITATION OF LIABILITY: REGARDLESS OF WHETHER ANY REMEDY SET FORTH HEREIN FAILS OF ITS ESSENTIAL PURPOSE, IN NO EVENT SHALL CADENCE OR ITS LICENSORS BE LIABLE TO YOU OR TO ANY THIRD PARTY FOR ANY DAMAGES WHATSOEVER INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF BUSINESS PROFITS, BUSINESS INTERRUPTION, LOSS OF BUSINESS INFORMATION, OR FOR OTHER INCIDENTAL OR CONSEQUENTIAL DAMAGES OR OTHER PECUNIARY LOSS ARISING OUT OF THE USE OF OR INABILITY TO USE THE SOFTWARE, EVEN IF CADENCE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
SUPPORT: The SOFTWARE provided hereunder is provided without support or maintenance of any kind. Cadence shall be under no obligation to support the SOFTWARE.
U.S. GOVERNMENT RESTRICTED RIGHTS: The software and documentation are provided with Restricted Rights. Use, duplication, or disclosure by the Government is subject to restrictions set forth in subparagraph (c)(1) of The Rights in Technical Data and Computer Software clause at DFARS 252.227-7013 or subparagraphs (c)(1)(ii) and (2) of Commercial Computer Software - Restricted Rights at 48 CFR 52.227-19, as applicable.
GOVERNING LAW: This Agreement is governed by the laws of the State of California except that body of California law concerning conflicts of law.
EXPORT LAW ASSURANCES: You acknowledge and agree that the SOFTWARE is subject to restrictions and controls imposed by the United States Export Administration Act (the "Act") and the regulations thereunder. You agree and certify that neither the SOFTWARE nor any direct product thereof is being or will be acquired, shipped, transferred or re-exported, directly or indirectly, into any country prohibited by the Act and the regulations thereunder or will be used for any purpose prohibited by the same.
GENERAL: This Agreement constitutes the entire agreement between the parties with respect to the use of the SOFTWARE and related documentation, and supersedes all prior or contemporaneous understandings or agreements, written or oral, regarding such subject matter.