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The following terms and conditions apply to the standard Maintenance Services purchased by a Customer. The Licensed Product and all Releases and Workarounds are subject to the End User Software License Agreement accepted by Customer and Synopsys.
1. Maintenance Services. “Maintenance Services” means the standard Maintenance and Support provided by Synopsys to Customer as further described below. Subject to Customer’s payment of applicable fees, Synopsys will provide the following standard Maintenance Services to Customer for the period agreed by the parties in the order documentation:
1.1 Maintenance and Support.
(a) Maintenance. “Maintenance” means the provision by Synopsys to Customer of any Releases or Workarounds that are made generally available by Synopsys to customers who subscribe for Synopsys’ Maintenance Services offering.
(i) A Release will be one of the following: A “Major Release” means a specific edition of the Licensed Product that contains major functionality changes. The content and timing of all Major Releases will be determined by Synopsys in its sole discretion. Major Releases are signified by version changes to the left of the decimal point (e.g. 2.0 -> 3.0) following the product name. A “Minor Release” means a specific edition of the Licensed Product that contains minor, but significant functionality changes. The content and timing of all Minor Releases will be determined by Synopsys in its sole discretion. Minor Releases are signified by version changes to the right of the decimal point (e.g. 2.5 -> 2.6) following the product name.
(ii) “Workaround” means a Licensed Product patch, error correction, or feasible change in operating procedures whereby the Licensed Product is made sufficiently functional so that Customer can continue to use the Licensed Product. Synopsys may provide Workarounds for a release to resolve a Service Issue for up to twelve (12) months after the earlier of (i) the date the subsequent Release is first made commercially available, and (ii) the date the current Release is no longer made available as a commercial offering by Synopsys. After such twelve (12) month period, Synopsys is not obligated to provide Workarounds but will support Customer’s update of the Licensed Product to the latest Release. Where Workarounds are to be delivered to resolve a Service Issue, Synopsys will provide Customer with a single copy of a Workaround on suitable media or shall make available the applicable Workaround for download by Customer from Synopsys’ web site.
(b)Support. “Support” means the e-mail and telephone technical services that Synopsys offers regarding the use and function of the Licensed Product. Synopsys will provide Support and respond to Service Issues as further described below. A “Service Issue” is a Customer inquiry regarding the functionality or use of the Licensed Product. Customer agrees that Synopsys’ Support obligations concerning the Licensed Product’s use with third party products, including compilers, operating systems and other Licensed Product, shall be limited to those items set forth in the Documentation. Service Issues are assigned a classification at the time of Customer’s initial contact with Synopsys, and are classified according to the severity levels set forth below. The Synopsys will initially respond in accordance with the response times applicable to Service Issues reported by telephone or e-mail during Synopsys’ regular service hours for the applicable region as set forth below. Failure to contact Customer within the response time period because the Customer is unavailable (e.g., phone busy, no answer, in a meeting, or out of the office) does not constitute Synopsys’ noncompliance with the response commitment. Customer shall cooperate with Synopsys to provide reproducible results for any errors reported. Synopsys’ ability to provide Support will depend, in some cases, on the ability of the Customer representatives to provide accurate and detailed information and to aid Synopsys in handling a Service Issue. Customer shall provide Synopsys with reasonable access to Customer systems, premises and staff as needed to provide Support. Synopsys will provide Support for each Release for at least eighteen (18) months after the subsequent Release is first made commercially available. After such period, Synopsys will provide Support, as needed, to Customer to update its use of the Licensed Product to the latest Release of the Licensed Product.
|Service Issue Classification
|Severity P1—Critical Business Impact: Licensed Product is not functioning or is stopped or severely impacted so that Customer cannot reasonably continue use of Licensed Product and no Workaround is available.
||One business day
||Once the Service Issue is verified, Synopsys will engage development staff during Synopsys’ business hours (but in no event later than 12 hours after the Service Issue is verified) until a Workaround is achieved.
|Severity P2—Major Business Impact: Licensed Product is functioning inconsistently causing significantly impaired Customer usage and productivity, such as periodic work stoppages and feature crashes.
||One business day
||Once the Service Issue is verified, Synopsys will engage development staff during Synopsys’ business hours (but in no event later than 24 hours after the Service Issue is verified) until a Workaround is achieved.
|Severity P3—Minor Business Impact: Licensed Product is functioning inconsistently causing slightly impaired Customer usage and productivity but Customer can work around such inconsistency or impairment.
||Two business days
||Once the Service Issue is verified, Synopsys will consider a Workaround, if appropriate in Synopsys’ sole discretion, and Licensed Product enhancements for such Service Issue for inclusion in a subsequent Release.
|Severity P4—No Business Impact: Licensed Product is functioning consistently but Customer requests minor changes in Licensed Product such as Documentation updates, cosmetic defects or enhancements.
||Three business days
||Once contact has been made with Customer, Synopsys will consider Licensed Product enhancements for inclusion in a subsequent Release.
(c) Customer Point of Contact. Customer will designate a specific individual to be the primary point of contact for Maintenance Service communications with Synopsys and will deliver contact information for such individual to Synopsys’ support team.
1.2 On-Site Support. Customer may elect to purchase specific on-site support packages, details of which can be found on Synopsys’ website. The purpose of on-site support is to help customers optimize deployment of the Licensed Product, including installation, setup, configuration, and additional support offerings.
1.3 Exclusions to Maintenance Services. Maintenance Services do not include the right to access new or bundled product offerings made available by Synopsys, unless licenses for such offerings are separately purchased. Synopsys will not have any obligation to provide Maintenance Services for problems in the operation or performance of the Licensed Product to the extent caused by any of the following: (a) modifications to the Licensed Product made by a party other than Synopsys; (b) Customer’s use of the Licensed Product other than as authorized by the applicable agreement licensing the Licensed Product to Customer or as provided in the Documentation; or (c) Customer’s use of other than those releases of the Licensed Product covered by Maintenance Services, (d) Customer’s failure to use any error corrections or updates thereto provided by Synopsys to address such problem, or (e) use of scripts or other deliverables provided to Customer under On-Site Support services (as described in Section 1.2 above). If, in its sole discretion, Synopsys determines that a problem in the operation or performance of the Licensed Product is caused by the foregoing, then Synopsys will notify Customer promptly and have no further Maintenance Service obligations related to such problem. If Customer requests services beyond standard Maintenance Services, Synopsys will have the right to invoice Customer at Synopsys’ then-current published time and materials rates for the provision of such services.
2. Hours of Service and Contact Information.
For Customers located in Japan:
For Customers located in Korea:
For Customers located in India:
For Customers located in Europe:
For Customers located in North America and all other locations:
All contact information is subject to change upon notice from Synopsys.
3. General. These terms and conditions contain the parties’ entire agreement concerning Maintenance Services. Customer agrees that additional or different terms on Customer’s purchase order shall not apply. Any waiver, modification or amendment of these terms and conditions will be effective only if in writing and signed by an authorized representative of Customer and Synopsys.