( ESNUG 244 Item 8 ) ---------------------------------------------- [7/25/96]

From: wlenihan@ccgate.hac.com (Bill Lenihan)
Subject: Last Minute 'Supplemental Licensing Agreement' Causing Headaches

John:

I have a problem: we ordered Synopsys FPGA Compiler & Designware.  At the
*last minute* Synopsys threw at us a 'supplemental licensing agreement'
involving Designware.
     
I read a copy of the agreement which I received from Synopsys' local sales
rep.  Although I'm not a lawyer, the agreement seems like it is clearly in
our favor: from a software perspective, it is akin to company A (Synopsys)
selling software to company B (Hughes) and company A allowing their software,
not just to be used by company B TO CREATE their software, but also TO BE
PART OF company B's final delivered software (except in this case it is the
digital hardware equivalent).  It also says that we can't sublicense or let
others besides us use the software (no problem, this is standard licensing
language).
     
The problem is that I can't get my FPGA Compiler (which is what I really
need, Designware is for the future) until we resolve this agreement issue.
It appears that this last minute 'supplemental licensing agreement' will get
hung up at 3 or 4 different other legal and/or contracts points within my
company before the CD-ROM even leaves Synopsys.

Have you seen this logistical problem before, and if so do you have any
suggestions for greasing the procurement process?  Any arguments to convince
the Bean Counters that this is OK (aside from my argument/analogy in the 2nd
paragraph above)?  Any help or direction you can give me is appreciated.

  - Bill Lenihan
    Hughes Aircraft Co.



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