This ODB++ Solutions Development Partnership Agreement (“Agreement”) between Mentor Graphics Corporation (“Mentor Graphics”) and ___________________________ (“Participant”) is effective as of April 24, 2024 (“Effective Date”).
RECITAL
ALL MATERIALS, INFORMATION AND SERVICES INCLUDED IN OR AVAILABLE THROUGH THIS SITE ARE PROVIDED “AS IS” AND “AS AVAILABLE” FOR YOUR USE. ODB++ SOLUTIONS ALLIANCE DISCLAIMS ALL WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NONINFRINGEMENT. ODB++ SOLUTIONS ALLIANCE DOES NOT WARRANT THAT THE CONTENT OF THIS WEBSITE IS ACCURATE, RELIABLE OR CORRECT; THAT THIS WEBSITE WILL BE AVAILBLE AT ANY PARTICULAR TIME OR LOCATION; THAT ANY DEFECTS OR ERRORS WILL BE CORRECTED; OR THAT THE CONTENT IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. YOUR USE OF THIS WEBSITE IS SOLELY AT YOUR RISK. BECAUSE SOME JURISDICTIONS DO NOT PERMIT THE EXCLUSION OF CERTAIN WARRANTIES, THESE EXCLUSIONS MAY NOT APPLY TO YOU.
Limitation of Liability
ODB++ SOLUTIONS ALLIANCE AND ITS SUPPLIERS SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES THAT RESULT FROM THE USE OF, OR INABILITY TO USE, THIS SITE. THIS LIMITATION APPLIES WHETHER THE ALLEGED LIABILITY IS BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR ANY OTHER BASIS, EVEN IF ODB++ SOLUTIONS ALLIANCE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE. IN JURISDICTIONS THAT DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, LIABILITY SHALL BE LIMITED TO THE EXTENT PERMITTED BY LAW.
Purpose
The purpose of this Online Community website is to provide an online environment that is accessible by ODB++ Solutions Alliance participants and other interested professionals where community members can ask questions among themselves about design issues they are encountering, offer their perspective on important and emerging industry issues, and share their expertise with peers.
What you post is your responsibility
Any information or material contributed to this Online Community or Blogs that is considered confidential or proprietary (“Confidential Information”) should be treated in accordance with the terms of the applicable governing agreement between ODB++ Solutions Alliance and your employer that sets forth specific terms for the exchange of Confidential Information. Exercise caution when disclosing information. You should not post Confidential Information of yours or your employer except in accordance with those specific terms for the exchange of Confidential Information. Information posted by you is your responsibility and consequences of such posting remain entirely yours. ODB++ Solutions Alliance has no obligations or liability with respect to the information contained in these postings, whether or not arising under the laws of copyright, libel, privacy, obscenity or otherwise.
Eligibility
By using this website you represent and warrant that you are either (a) over the age of 18 or (b) over the age of 13 but under the age of 18 and have parental consent to use the site. In addition, by using this website you represent and warrant that you agree to all the terms and conditions within this agreement. Any registration by, use of, or access to the Online Community by any individual under the age of 13, or any individual over the age of 13 but under the age of 18 who does not have parental consent, is unauthorized and in violation of these Terms of Use.
Username and Password
Your username and password is your responsibility and you agree to not allow any other person to use your username and/or password for login to this Online Community website under any circumstances. ODB++ Solutions Alliance assumes no liability related to the theft, misappropriation, or disclosure of your username or password. You agree to immediately notify ODB++ Solutions Alliance if you become aware or otherwise believe that your username and/or password have been compromised.
Forum Use
By using the forums contained on this site, you agree you will not:
- Upload files that contain software or other material protected by intellectual property laws (or protected by rights of privacy or rights of publicity) unless you own or control the rights thereto or have received all necessary consents.
- Upload files that contain viruses, worms, Trojan horses, corrupted files, or other forms of harmful computer code.
- Advertise or offer to sell or buy any goods or services for any business purpose.
- Falsify or delete any author attributions, legal or other proper notices or proprietary designations or labels of the origin or source of software or other material contained in a file that is uploaded.
- Attempt to mislead a viewer to believe that you are another person or entity.
- Disclose the results of, or information pertaining to, any benchmark.
- Unless acting in your role as moderator, restrict or inhibit any other user from transmitting or submitting posts.
- Harvest or otherwise collect information about others, including e-mail addresses.
- Post content that defames, abuses, harasses, stalks, threatens or otherwise violates the legal rights of others, including the right to privacy or publicity.
- Publish, post, distribute or disseminate any confidential, defamatory, infringing, obscene, indecent, false, or inaccurate information.
- Publish, post, distribute or disseminate profanity, or include profane or indecent language in the text of any posting.
- Publish, post, distribute or disseminate any illegal material.
- Disrupt the ordinary operation of this site.
- Use the site for anything other than its intended purposes.
Links to Websites
Within the Online Community there may be links to websites outside ODB++ Solutions Alliance. These website are offered for convenience and information only. ODB++ Solutions Alliance is not responsible for any of the sites or their content. Without limiting the generality of the foregoing, ODB++ Solutions Alliance does not take responsibility for any inaccuracies expressed in the linked websites, including authenticity, or any viruses or other illicit code received in accessing the linked websites. The presence of a linked website within the online communities shall not be construed as an endorsement of that website, or the products or services described therein.
Content Removal
The ODB++ Solutions Alliance Online Community reserve the right for any reason to remove without notice any contents of the forums received from users, and reserves the right to deny any user access to this website or any portion thereof without notice. The ODB++ Solutions Alliance Online Community does not assume any liability if the content is not removed.
Use of Content
By participating in this Online Community, you agree that any posting of ideas, concepts, know-how, techniques, or any other material contributed to this Online Community (your “Contribution”) is done by you voluntarily. You represent that you have the full right and authority with regards to any Contribution made by you; that the Contribution does not infringe the rights of others or contain any misappropriated material. Unless otherwise set forth in a separate written agreement, you (i) grant to ODB++ Solutions Alliance a perpetual, irrevocable, non-exclusive, worldwide, no-charge, royalty-free, unrestricted license to exercise all rights associated with your Contribution, and (ii) further agree that ODB++ Solutions Alliance has the rights to use your Contribution. You may use the information found on this website to troubleshoot software problems. However, the information may not be distributed, sold, offered for sale, or otherwise exploited.
Applicable Law. All content and material posted by ODB++ Solutions Alliance on this website are protected by copyrights, trademarks or other proprietary rights and laws. These Terms of Use shall be governed by and construed in accordance with the laws of the State of Oregon, excluding its conflicts of law rules. You expressly agree that the exclusive jurisdiction for any claim or action arising out of or relating to these Terms of Use or your use of this site shall be filed only in the state or federal courts located in the State of Oregon, and you further agree and submit to the exercise of personal jurisdiction of such courts for the purpose of litigating any such claim or action. ODB++ Solutions Alliance makes no representation that materials on this site are appropriate or available for use in locations outside the United States, and accessing them from territories where their contents are illegal is prohibited. Those who choose to access this site from outside the United States do so on their own initiative and are responsible for compliance with applicable local laws.
COPYRIGHT POLICY
Mentor Graphics Corporation, its officers, employees, affiliates, subsidiaries, divisions, representatives and agents acting on its behalf (collectively referred to herein as “We”, “Us”, “Our” and “Mentor Graphics”) respect others’ intellectual property rights, and request that the users of odb-sa.com (“Web Site”) do the same. All content, including copyrightable works, trademarks, service marks, and patentable inventions, on the Web Site are the property of odb-sa.com unless explicitly stated otherwise. No right, title, or interest to the content is granted by your use of the Web Site, other than a right to review the content using a conventional Internet browser (i.e., ordinary web browsing). Any other uses, including making copies of any content, are strictly prohibited.
In compliance with the Digital Millennium Copyright Act (“DMCA”) at 17 U.S.C. § 512 et seq., Mentor Graphics does not interfere with standard technical measures identifying and/or protecting copyrighted works, implements its own technological measures to protect its own copyrighted works, and reserves the right to terminate any user account who is a repeat infringer of Mentor Graphics’ or others’ copyrights.
DMCA Notices
If you believe there is content on the site that infringes your copyright, you may submit a DMCA Notification of alleged copyright infringement to Mentor Graphics. It is Mentor Graphics’s policy to respond to notices of alleged copyright infringement according to the DMCA promptly and responsibly. Regardless of whether or not Mentor Graphics believes that it is liable for any copyright infringement for which we are provided notice, our response may include removing or disabling access to material claimed to be the subject of infringing activity and/or terminating subscriber access to the site, at our sole discretion and operating within the parameters of the DMCA.
If you believe there is content on the site that infringes your copyright, you may submit a DMCA Notification of alleged copyright infringement by emailing the DMCA Notification to: tom_evans@mentor.com or by mailing the notice to:
Mentor Graphics Corporation
DMCA Content Manager
Thomas L. Evans
8005 S.W. Boeckman Road
Wilsonville, OR 97070-7777
Any such DMCA Notification must include the following:
- Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works are covered by a single notification, a representative list of such works.
- Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is requested to be removed or access to which is requested to be disabled, and information reasonably sufficient to permit Mentor Graphics to locate the material.
- Information reasonably sufficient to permit Mentor Graphics to contact you (i.e., the complaining party), such as an address, telephone number, and, if available, an electronic mail address at which you may be contacted.
- A statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law.
- A statement that the information in the notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
- A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed, and who is subjecting him or herself to prosecution for perjury in the event that false statements are made therein.
Upon receiving a DMCA Notification in compliance with the above, Mentor Graphics will act to expeditiously remove, or disable access to, the material that is claimed to be infringing or to be the subject of infringing activity. If we remove or disable access in response to a DMCA Notification, we will make a good-faith attempt to contact the owner or administrator of the affected content so that they can submit a DMCA Counter-Notification, if applicable. We may also document notices of alleged infringement on which we act, and provide copies of notices of alleged infringement to third parties, at our discretion.
If your content has been removed by us in response to our receipt of a DMCA Notification as outlined above, and you believe the removal was inappropriate, you may submit a DMCA Counter-Notification by emailing the DMCA Counter-Notification to: tom_evans@mentor.com or by mailing the notice to:
Mentor Graphics Corporation
DMCA Content Manager
Thomas L. Evans
8005 S.W. Boeckman Road
Wilsonville, OR 97070-7777
Any such DMCA Counter-Notification must include the following:
- Identification of the material that has been removed or to which access has been disabled and the location at which the material appeared before it was removed or access to it was disabled.
- A statement under penalty of perjury that you have a good faith belief that the material was removed or disabled as a result of mistake or misidentification of the material to be removed or disabled.
- Your name, address, and telephone number, and a statement that you consent to the jurisdiction of Federal District Court for the judicial district in which your address is located, or if your address is outside of the United States, for any judicial district for which jurisdiction for Mentor Graphics would be appropriate, and that you will accept service of process from the person who submitted the DMCA notification or an agent of such person.
- A physical or electronic signature of the user whose material was removed.
Upon receiving a DMCA Counter-Notification in compliance with the above, Mentor Graphics will reasonably act to notify the person who provided the initial DMCA Notification with a copy of the DMCA Counter-Notification, and inform that person that Mentor Graphics will replace the removed material or cease disabling access to it after 10 business days and no later than 14 business days. At such time, Mentor Graphics will replace the removed material and cease disabling access to the removed material, unless we first receive notice from the person who submitted the initial DMCA Notification that such person has filed an action seeking a court order to restrain the alleged infringer from engaging in infringing activity relating to the material on the web site.