Cadence
OrCAD X

TERMS AND CONDITIONS:
Switch and Save Program (the “Program”)

  1. Acceptance of Terms and Conditions. By entering the Program, you fully and unconditionally agree to and accept these Terms and Conditions, including the Instructions (together, the “Terms”). The Program is sponsored and administered by Cadence Design Systems, Inc., for itself and on behalf of its subsidiaries (“Sponsor” or “Cadence”). All entries become the exclusive property of Sponsor.
  2. Eligibility. The Program is only open to individuals who are (a) at least twenty-one (21), (b) are otherwise eligible to properly license OrCAD X Pro under applicable Sponsor policy/ies (e.g., subject to certain export & trade restrictions and limited to regions where OrCAD X Pro is currently available), and (c) that do not already have an existing, valid OrCAD X Pro license at the time of submission. This Program is not open to individuals involved in the administration of the Program and is void where prohibited or restricted by law, ordinance, regulation, or equivalent. By entering the Program, you represent that you meet the eligibility criteria. 
  3. How to Enter. NO PURCHASE IS NECESSARY TO MAKE A SUBMISSION. To enter the Program you must perform all of the following (together, the “Submission”): (a) complete the “Switch Today” questionnaire (the “Form”), made available to you at https://www5.cadence.com/switch-to-orcad-x.html (the “Site”), and (b) adhere to the parameters and specifications made available to you by Sponsor on the Site (the “Instructions”). Eligible participants that complete the foregoing will automatically receive one (1) Program entry. A Submission may, in Sponsor’s sole and absolute discretion, be rejected if it fails to follow the requirements on the Site, the Instructions, and/or these Terms and Conditions. Automated entries (including but not limited to entries submitted using any robot, script, macro, or other automated service) are not permitted and will be disqualified. 
  4.  Discounts. Subject to the Terms, eligible participants that make a Submission will qualify to receive an OFFER to purchase an OrCAD X Pro license at a discounted rate, as described in the Instructions (the “Discount”). You may not substitute or transfer a Discount. Recipients are responsible for the payment of any applicable taxes or equivalent (including without limitation, federal, state, provincial and/or local taxes) on the Discount(s). Limited to one Discount per person, while supplies last. May not be combined with other Sponsor promotions or discounts. Up to fifty (50) participants, processed in the order they are received, are eligible to receive a Discount. Value of the Discount will vary depending on region, currency, Sponsor policy, Channel Partner policy, and Discount option selected. You will need to separately purchase an OrCAD X Pro license via a Cadence Channel Partner, subject to separate license terms, to have the Discount applied to your purchase. After making a Submission, if you (i) cannot be contacted after a reasonable attempt has been made (as determined in Sponsor’s sole discretion); or (ii) elect not to purchase an OrCAD X Pro license within the time specified; or (iii) refuse the Discount(s); then the Discount will be cancelled and you will be disqualified. Upon such Discount forfeiture, no compensation will be given. 
  5. Submission Requirements. By submitting, uploading, posting, disclosing or otherwise making a Submission available in this Program, you warrant and represent that you have the legal right and necessary permission(s) to do so; and that you are the sole and exclusive owner and rights holder of your Submission. As a condition of entry, you grant Sponsor a perpetual, irrevocable, worldwide, royalty-free, license to use and disclose the contents of your Submission to a Cadence Channel Partner for the purposes of effectuating the Program. 
  6. The Program is Void Where Prohibited. All applicable laws, ordinances, statutes, and regulations apply (including without limitation, federal, provincial, and state laws). Subject to any governmental approval that may be required, Sponsor reserves the right to, without prior notice and at any time, terminate the Program, in whole or in part, or modify the Program in any way, should any factor interfere with its proper conduct as contemplated by these Terms.
  7. Program Period. This Program begins on August 1, 2024 at 12:00 AM PST and will end on or before September 30, 2024 at 12:00 p.m. (PST) (the “Program Period”). Submissions must be completed during the Program Period. 
  8. Notification of Recipients. Recipients (of the Discount) will be notified electronically within thirty (30) days of the end of the Program Period. Sponsor is not responsible for and will not be liable for late, lost, misdirected or unsuccessful efforts to notify recipients. 
  9. Delivery of Discount(s). The Discounts shall be applied electronically to your qualifying OrCAD X Pro purchases by authorized Cadence Channel Partners. Sponsor shall not be responsible for the loss of the Discount(s) or the non-delivery of the Discount(s) due to applicable laws or other reasons not directly caused by or in the control of Sponsor. If a Discount cannot be delivered to you due to applicable laws, regulations, or other factors outside Sponsor’s reasonable control, then Sponsor reserves the right to deliver a substitute Discount of similar retail value.
  10. Use of Personal Information; Publicity Permissions. You agree to the collection, use, and sharing of your personal information by/with Sponsor, and any necessary third parties, such as Cadence Channel Partners, for the purposes of administering this Program and the Discounts and to comply with applicable laws, regulations, and rules. Any information you provide to Sponsor may be used to communicate with you in relation to this Program and will be used in accordance with Sponsor’s Privacy Policy, which may be found at https://www.cadence.com/en_US/home/privacy/privacy-policy.html. 
  11. Other Conditions. Sponsor, its officers, directors, employees, agents and representatives, parent companies, affiliates, subsidiaries, advertising, promotion and fulfillment agencies and legal advisors (collectively, “Sponsoring Parties”) are not responsible for and will not be liable for; (I) late, lost, damaged, misdirected, incomplete, or unintelligible entries; (II) any condition caused by events beyond the control of Sponsor that may cause the Program to be disrupted or corrupted; (III) any injuries losses or damages of any kind arising in connection with or as a result of the Program, or from participation in the Program; (IV) any printing or typographical error in any material associated with the Program. By participating in the Program, you accept and agree that Sponsor, in its sole and absolute discretion, may adapt or otherwise make changes to a Submission.
  12. Suspension/Modification/Termination. If Sponsor is prevented from continuing with the Program by any event beyond its control, including, but not limited to, fire, flood, epidemic, earthquake, explosion, labor dispute or strike, act of God or public enemy, communications or equipment failure, utility or service interruptions, riot or civil disturbance, terrorist threat or activity, war (declared or undeclared), interference with the Program by any party, or any federal, state or local government law, order, or regulation, order of any court or jurisdiction, or other cause not within Sponsor's control (each a “Force Majeure” event or occurrence), Sponsor may modify, suspend, or terminate the Program. Sponsor additionally reserves the right, in its sole and absolute discretion: (a) to modify, suspend or terminate the Program should causes beyond Sponsor's control corrupt or interfere with the administration, integrity, operation, security, or proper play of the Program, and (b) to disqualify you if you are found to be, or suspected of: (i) tampering with the Submission process or the operation of the Program, (ii) acting in violation of these Terms and Conditions, or (iii) acting in an un-sportsmanlike manner.
  13. Release of Liability. By entering the Program, you agree to release and hold Sponsoring Parties harmless from any and all losses, damages, rights, claims and actions of any kind in connection with the Program, including without limitation, taxes, personal injury, death and property damage, and claims based on publicity rights, use or misuse of any prize, defamation or invasion of privacy. Sponsor expressly disclaims any responsibility or liability for injury or loss to any person or property relating to the delivery and/or subsequent use of any prize awarded. Sponsor makes no representation or warranties concerning the appearance, safety or performance of any prize awarded.
  14. Resolution of Disputes. Except where prohibited by law, as a condition of participating in this Program you agree that (1) any and all disputes and causes of action arising out of or connected with the Program or any prize awarded, shall be resolved exclusively by final and binding arbitration under the rules of the American Arbitration Association and held at the AAA regional office nearest San Jose, CA; (2) the Federal Arbitration Act will govern the interpretation, enforcement and all proceedings at such arbitration; and (3) judgment upon such arbitration award may be entered in any court having jurisdiction.
  15. Choice of Law; Limitation of Liability. All issues and questions concerning the construction, validity, interpretation and enforceability of these Terms and Conditions, or the rights and obligations of you and Sponsor in connection with the Program, will be governed by, and construed in accordance with, the substantive laws of the State of California without regard to California choice of law rules.

    BY ENTERING THE PROGRAM, YOU AGREE THAT TO THE EXTENT PERMITTED BY APPLICABLE LAW: (A) ANY AND ALL DISPUTES, CLAIMS AND CAUSES OF ACTION ARISING OUT OF OR CONNECTED WITH THE PROGRAM, OR ANY PRIZE AWARDED, WILL BE RESOLVED INDIVIDUALLY, WITHOUT RESORT TO ANY FORM OF CLASS ACTION, (B) ANY AND ALL CLAIMS, JUDGMENTS AND AWARDS WILL BE LIMITED TO ACTUAL THIRD-PARTY, OUT-OF-POCKET COSTS INCURRED (IF ANY) ASSOCIATED WITH ENTERING THE PROGRAM, BUT IN NO EVENT WILL ATTORNEYS' FEES BE AWARDED OR RECOVERABLE, (C) UNDER NO CIRCUMSTANCES WILL YOU BE PERMITTED TO OBTAIN ANY AWARD FOR, AND YOU HEREBY KNOWINGLY AND EXPRESSLY WAIVE ALL RIGHTS TO SEEK, PUNITIVE, INCIDENTAL, CONSEQUENTIAL, OR SPECIAL DAMAGES, LOST PROFITS AND/OR ANY OTHER DAMAGES, OTHER THAN ACTUAL OUT OF POCKET EXPENSES, AND/OR ANY RIGHTS TO HAVE DAMAGES MULTIPLIED OR OTHERWISE INCREASED, AND; (D) YOUR REMEDIES ARE LIMITED TO A CLAIM FOR MONEY DAMAGES (IF ANY), AND YOU IRREVOCABLY WAIVE ANY RIGHT TO SEEK INJUNCTIVE OR EQUITABLE RELIEF. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATIONS OR EXCLUSION OF LIABILITY, IN WHICH CASE THE ABOVE MAY NOT APPLY TO YOU.

    IF YOU ARE A CALIFORNIA RESIDENT, YOU WAIVE ANY AND ALL RIGHTS UNDER SECTION 1542 OF THE CIVIL CODE OF THE STATE OF CALIFORNIA, WHICH PROVIDES AS FOLLOWS: “A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS THAT THE CREDITOR OR RELEASING PARTY DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE AND THAT, IF KNOWN BY HIM OR HER, WOULD HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR OR RELEASED PARTY.”
  16. Contact Information. You may contact Sponsor if you have questions about or related to the Program and/or the Terms and Conditions. Sponsor is located at 2655 Seely Avenue, San Jose, CA 95134, United States. You may also email Sponsor at [email protected].

 

Last Modified: July, 2024 
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