Welcome to tensilicatools.com (hereafter referred to as “Site”), a service of Cadence Design Systems, Inc. (“Cadence”). Through this site, Cadence provides services and materials designed to aid our customers. Your access and use of the Site, along with any services or materials contained or referenced herein, is governed by and subject to the following Terms of Use Agreement (hereinafter referred to as the “Agreement”), as well as all applicable laws. The Agreement applies to all users of the Site, including users who are also contributors of Content on the Site. “Content” includes the text, software, scripts, and other materials you may access through or contribute to the Site. Please review the Agreement carefully before using the Site. By accessing, using or downloading any materials from the Site, you agree to be bound by the terms and conditions in the Agreement.

1. User representations

You agree to review this Agreement prior to accessing any information or obtaining any documents from the Site. As Cadence continues to grow, our company policies or business practices may change. If our policies or practices require changes to this Agreement, we will make such changes by updating this Agreement online. If we revise the Agreement, you will not be notified individually. Thus, we strongly advise you to periodically check this Site to and review any changes. YOUR CONTINUED USE OF THIS SITE INDICATES YOUR COMPLETE AND UNCONDITIONAL ACCEPTANCE OF THE TERMS AND CONDITIONS SET FORTH IN THIS AGREEMENT, AS MAY BE AMENDED FROM TIME TO TIME.

2. Copyright and trademarks

2.1           Copyright.  As a Site account holder, you may submit content to the Site.  You shall be solely responsible for your own content and the consequences of submitting and publishing your content on the Site. You affirm, represent, and warrant that you own or have the necessary licenses, rights, consents, and permissions to publish Content you submit; and you license to Cadence all patent, trademark, trade secret, copyright or other proprietary rights in and to such Content for publication on the Site.

For clarity, you retain all of your ownership rights in your Content. However, by submitting Content to Website, you hereby grant Cadence a worldwide, non-exclusive, royalty-free, sublicenseable and transferable license to use, reproduce, distribute, prepare derivative works of, display, and perform the Content in connection with the Site and Cadence’s (and its successors’ and affiliates’) business. You also hereby grant each user of the Site a non-exclusive license to access your Content through the Site, and to use, reproduce, distribute, display and perform such Content as permitted through the functionality of the Site and under the terms of this Agreement. You understand and agree, however, that Cadence may retain, but not display, distribute, or perform, server copies of your Content that have been removed or deleted. The above licenses granted by you in user comments you submit are perpetual and irrevocable.

You further agree that Content you submit to the Service will not contain third party copyrighted material, or material that is subject to other third party proprietary rights, unless you have permission from the rightful owner of the material or you are otherwise legally entitled to post the material and to grant Cadence all of the license rights granted herein.

Cadence does not permit copyright infringing activities and infringement of intellectual property rights on the Site, and Cadence will remove all Content if properly notified that such Content infringes on another’s intellectual property rights. Cadence reserves the right to remove Content without prior notice.

2.2 Trademarks. The trademarks, logos, and service marks (collectively the “Trademarks”) displayed on the Site are registered and unregistered trademarks of Cadence and its affiliates, and other third parties. Nothing contained on the Site should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any Trademark displayed on the Site without the written permission of Cadence or such third party that may own the Trademarks displayed on the Site. Your misuse of the Trademarks displayed on the Site, or any other content on the Site, except as provided in these Terms and Conditions, is strictly prohibited. You are also advised that Cadence will aggressively enforce its intellectual property rights to the fullest extent of the law, including seeking of criminal prosecution.

3. Content and liability disclaimer

3.1 Liability. Your use of the Site is at your own risk. While Cadence strives to include accurate and up-to-date information on the Site, Cadence makes no warranties or representations as to its accuracy, nor as to its decency, copyright compliance, or legality. Cadence and its affiliates, as well as any other party involved in creating, producing, or delivering the Site, specifically disclaim any liability or responsibility for any errors or omissions in the content of the Site, or any of the forms, documents or agreements contained on the Site. In particular, but without limiting the foregoing, Cadence, its affiliates, and any other party involved in creating, producing, or delivering the Site, are NOT LIABLE FOR ANY DIRECT, INCIDENTAL, CONSEQUENTIAL, INDIRECT, OR PUNITIVE DAMAGES ARISING OUT OF YOUR ACCESS TO, USE OF, OR INABILITY TO USE THE SITE. Without limiting the foregoing, everything on the Site, including, but not limited to the materials and services, is provided to you “AS-IS” AND “AS AVAILABLE,” WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, COMPATIBILITY, SECURITY, ACCURACY, OR FREEDOM FROM COMPUTER VIRUS. CADENCE DOES NOT WARRANT THAT THE FUNCTIONS WILL BE UNINTERRUPTED OR ERROR-FREE, OR THAT DEFECTS WILL BE CORRECTED. Please note that some jurisdictions may not allow the exclusion of implied warranties, so some of the above exclusions may not apply to you. Check your local laws for any restrictions or limitations regarding the exclusion of implied warranties.

3.2 No substitute for professional advice. The forms, agreements, and documents within the Site, or available through the Site, may not be appropriate under the circumstances of a particular transaction. Please consult local laws and regulations, as requirements will vary from state to state. You assume any, and all responsibilities and obligations with respect to any decisions made or advice given as a result of the use or selection of any information, program, or document obtained from the Site.

3.3 Links. The Site may contain links to third-party Internet sites. The linked sites are not under the control of Cadence. Cadence is not responsible for the content of any linked site, including, but not limited to, additional links found therein. Cadence reserves the right to terminate any link or linking program at any time. Cadence does not endorse companies or products to which it links. If you decide to access any of the third-party sites linked to the Site, you do so entirely at your own risk.

4. Indemnification

You agree to indemnify Cadence and its affiliates, directors, officers, employees, vendors, and agents from, and against all liabilities, expenses (including court costs and attorneys’ fees), losses, and other damages that are caused by, arise out of, or relate to, your use of the Site. This includes, but is not limited to, any claim of libel, defamation, obscenity, negligence, violation of rights of privacy or publicity, loss of service by other users of the Site, property damage, and infringement of intellectual property or other rights. Cadence will notify you promptly of any claim for which it seeks indemnification. You will be afforded the opportunity to participate in the defense of such claim, provided that your participation will not be conducted in any manner prejudicial to Cadence interests, as reasonably determined by Cadence.

5. Submission of Information and Materials on the Site

Cadence does not want you to submit confidential or proprietary information on this Site. Any information or materials you provide will be deemed to be not confidential. By sending information or materials to Cadence you grant Cadence an unrestricted, irrevocable license to use, reproduce, display, perform, modify, transmit or distribute those materials or information. You also agree that Cadence is free to use any ideas, concepts, know-how or techniques that you send to Cadence. Any information disclosed in chat rooms, forums, message boards, and news groups becomes public information. We will collect such information as you choose to disclose. Cadence shall use such information without restriction as it sees fit throughout the world.

6. Partners and third-party vendors

6.1 The Site allows interactive transactions and access to the sites of Cadence’s partners and other third-party vendors (collectively “Vendors”) from which you may purchase certain goods and services. Cadence does not control the products or services offered by the Vendors, nor does it control the content of their sites. Unless otherwise stated, Vendors are responsible for all aspects of order processing, fulfillment, billing, and customer service. Cadence is not a party to any transactions between you and the Vendors. Cadence cannot and does not make any representations or warranties as to the security of any information, including, without limitation, credit card and other personal information you might transmit to a Vendor. You are strongly encouraged to investigate and make whatever inquiries you feel are necessary or appropriate before proceeding with any online or offline transaction with a Vendor.

6.2 All rules, policies (including privacy policies), and operating procedures of Vendors will apply to you while you are on the Vendors’ sites. Cadence is not responsible for the information you provide to the Vendors. Vendors and Cadence are independent contractors and neither party has any authority to make any representations or communications on behalf of the other.

7. Chat Rooms/Message Boards/Bulletin Boards/Blogs/News Groups

7.1 This Site may provide you with access to a wide variety of discussion forums, bulletin boards, chat areas, news groups, “blogs,” or other message or communication facilities (collectively, “Communities”). All messages, comments, opinions, videos, photographs, creative works or other material posted on the Site (collectively, “Postings”) are the sole responsibility of the person who created the Posting, or the person hosting that Community. Postings do not reflect the views of Cadence and Cadence has no obligation to monitor, edit or review any Postings on the Site. However, Cadence reserves the right and will take such action as it deems appropriate or necessary to comply with any applicable law or regulation or this Agreement, including but not limited to editing, refusing to post, or removing any Posting or other material, in whole in part, for any reason, in our sole discretion.

CADENCE ASSUMES NO RESPONSIBILITY OR LIABILITY ARISING FROM THE CONTENT OF ANY SUCH POSTINGS INCLUDING BUT NOT LIMITED TO POSTINGS THAT CONTAIN ERRORS, INACCURACIES, OFFENSIVE OR HARMFUL STATEMENTS, DEFAMATORY OR LIBELOUS CONTENT, OMISSIONS, FALSEHOODS, OBSCENITY, OR PORNOGRAPHY.

Cadence does not endorse or support any opinions expressed in the Communities, nor does it represent or guarantee the truthfulness or accuracy of any information posted in the Communities. CADENCE DISCLAIMS ALL LIABILITY WITH REGARD TO POSTINGS OR OTHER COMMUNICATIONS NOT CREATED BY CADENCE.

7.2 Community Rules. You are responsible for your own Postings and other communications, including any consequences that may result from the communication. You may only use the Communities for Postings that are legal, proper, and related to the particular Community. In addition, you must abide by the following Community Rules. While using this Site, you are strictly prohibited from:

• Impersonating another person or entity, or posting, publishing, uploading, or in any way distributing, transmitting, or disseminating (collectively, “Disseminating”) any message anonymously or under a false name;
• Defaming, harassing, threatening, stalking, abusing, or otherwise violating the legal rights (such as the rights of privacy and publicity) of others;
• Disseminating any obscene, pornographic, profane, or otherwise objectionable information, or unlawful information;
• Disseminating any material that infringes any patent, copyright, trademark, or trade secrets (“Intellectual Property”) unless you are, or have the permission of the owner of the Intellectual Property to post or transmit such material;
• Disseminating any corrupted files, files that contain viruses or other destructive features, or any other software or programs that may corrupt, modify or damage another party’s computer;
• Engaging in any commercial activities, including advertising or offering to sell any goods or services, unless in a Community intended for commercial activity;
• Disseminating chain letters, pyramid schemes, surveys, contests, charity requests, or petitions for signatures;
• Disseminating Spam* (see definition below) or otherwise interfering with, restricting, or inhibiting other users of this Site;*Cadence defines “Spam” as the sending of a message, individually or en masse, to anyone not requesting it, or would not otherwise choose to receive it, regardless of whether sent by a business, individual, or nonprofit organization.
• Disseminating any other communications or material that could constitute or encourage conduct that would be considered a criminal offense, give rise to civil liability or otherwise violate any law.Cadence will fully cooperate with law enforcement authorities and legal process requesting Cadence to disclose the identity of anyone who has violated one or more of these Community Rules.

7.3 Termination of account. Cadence may, in its sole discretion, terminate your account(s) if it believes you have violated any of the Community Rules, the Copyright Infringement Policy set forth below, or any other provision in this Agreement.

7.4 No obligation to monitor. Cadence has no obligation to monitor or control the Communities, except to respond to customer service inquiries. However, Cadence reserves the right to take such action as it deems appropriate or necessary to comply with any applicable law or regulation, or this Agreement, including but not limited to editing, refusing to post, or removing any Posting or other material, in whole in part, for any reason, in our sole discretion.

8. Accuracy of information

Information provided on this Site, including information concerning any products or their use, is deemed reliable, but is not guaranteed to be accurate. All listings and information are subject to change without prior notice.

9. Copyright Infringement Policy

Cadence may, in appropriate circumstances, terminate your license to use the Site and/or your account(s) if it determines in its sole and absolute discretion that you are involved in infringing activity, including acts or first-time or repeat infringement, regardless of whether the material is ultimately determined to be infringing.

Cadence accommodates and does not interfere with standard technical measures used by copyright owners to protect their materials. If you believe that your work has been used or is accessible on the Site in a way that constitutes copyright infringement, please submit a written notice to our designated copyright agent:

ATTN: Copyright Agent
Cadence Legal Department
2655 Seely Avenue
San Jose, California 95134
or copyright@cadence.com.

The notice MUST contain the following information:

• A description of the copyrighted work that you claim has been infringed, including the exact location where the copyrighted work exists or a copy of the copyrighted work;
• A description of the location on the Site of the material that you claim is infringing, reasonably sufficient to permit Cadence to locate the material;
• Your address, telephone number, and email address;
• A statement that you have a good-faith belief that the disputed use is not authorized by you (if you are the copyright owner), or is not authorized by the copyright owner, its agent, or the law;
• A statement from you, made under penalty of perjury, that the above information in your Notice is accurate and that you are the copyright owner, or you are authorized to act on the copyright owner’s behalf; and
• Your electronic or physical signature.

10. Applicable law

These Terms of Use shall be treated as though they were executed and performed in San Jose, CA, and shall be governed and construed in accordance with the laws of the State of California (without regard to conflict of law principles). The language in this Agreement shall be interpreted in a neutral manner and in accordance with their fair meaning. Any rule of law or legal decision that would require interpretation of any ambiguities in this Agreement against the party that has drafted them is not applicable and is waived. All legal proceedings arising out of, or in connection with, this Agreement shall be brought solely in San Jose, California. You expressly submit to the jurisdiction of the federal and state courts located San Jose, California, and you consent to extra-territorial service of process. Cadence and its affiliates make no warranties or representations that materials on this Site are appropriate or available for use in other locations, and accessing them from territories where their contents are illegal is prohibited. Those who choose to access this Site from other locations do so on their own initiative and are responsible for compliance with local laws.

11. Export

You shall utilize Content in compliance with your national and U.S. Regulations, including but not limited to the U.S. Export Administration Regulations (EAR), 15 CFR sections 730-799; the International Traffic in Arms Regulations (ITAR), 22 CFR sections 120-130; and Sanctions as imposed by the U.S. Department of the Treasury, Office of Foreign Assets Control (OFAC). You shall be strictly responsible for ensuring that you, your employees and any third parties who access the Content on your behalf fully comply with the requirements of this Section 11 and provisions of ITAR and EAR, and you shall indemnify Cadence against any loss related to any failure to conform to these requirements. The software that Cadence provides to you through this Site are controlled in accordance with the EAR, classified under ECCN 3D991.

12. Credit cards

Cadence takes your privacy seriously. We do not share your credit card information with any third party. To protect the security of your credit card information we employ the industry standard Secure Sockets Layer (SSL) technology. We also encrypt your credit card number when we store your order and whenever we transmit that information to participating merchants. For further information, see our Privacy Policy.

13. Passwords

If you elect to register and obtain a password, you represent and warrant that you will not transfer your password, as it is not transferable.

14. Parental Controls

Pursuant to 47 U.S.C. Section 230 (d), as amended, please be advised that parental control protections (such as computer hardware, software, or filtering services) that limit access to material harmful to minors are available for you to download to your computer or purchase. Providers of such protection are currently listed in the following Web directories: Internet Blocking and Filtering Software or Filtered Access.

To view our policy regarding the privacy of personal information related to children under the age of 13, please read our Privacy Policy.

15. Miscellaneous

For information on our Privacy Policy, click here. The terms of the Privacy Policy are incorporated by reference into this Agreement. In the event that any term or statement elsewhere on this Site conflicts with or is contrary to this Agreement, this Agreement shall control. All rights not expressly granted to you in this Agreement are reserved to Cadence. You agree that these Terms of Use are not intended to confer and do not confer any rights or remedies upon any person other than the parties to this Agreement. You are responsible for compliance with the laws of your local jurisdiction. If any portion of this Agreement is determined to be invalid or unenforceable, all other terms of the Agreement will remain valid and enforceable. The failure of a party to enforce any provision of this Agreement shall not constitute a waiver of such provision or the right of that party to enforce such provision or any other provision.