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2.1 Buyer acknowledges and agrees to all the terms of the additional information and warnings from TI included in the package containing the Eval Kit received by Buyer and labels posted on the equipment in such package.
2.2 Special terms applicable to EVKs designated as NOT FCC approved / FCC NOTICE: This EVK has NOT been authorized under the rules of the Federal Communications Commission, and may not be offered for further sale or lease, or sold or leased, until authorization is obtained. FCC experimental licensing requirements may apply to Buyer's use of this EVK; see https://fjallfoss.fcc.gov/oetcf/els/index.cfm. This EVK is made available solely to allow product developers to evaluate electronic components, circuitry, and/or software associated with the kit to determine whether to incorporate such items in a finished product. This is not a finished product and when assembled may not be resold or otherwise marketed unless all required FCC equipment authorizations are first obtained. Operation is subject to the conditions that this EVK not cause harmful interference to licensed radio stations and that this EVK accept harmful interference. Unless the assembled kit is designed to operate under Part 15 or Part 95 of the FCC Rules, the operator of the kit must operate under the authority of an FCC license holder or must secure an experimental authorization under Part 5 of the FCC Rules. This EVK is not an end product or finished appliance; and is not intended or authorized to be integrated into end products as is. Buyer may use the EVK to create prototypes for its own internal experimental use, and may add components, features, software and/or functionality, in the process of designing its own final products. Buyer shall only assign technically qualified electronics experts who are familiar with the dangers and application risks associated with handling electrical mechanical components, subsystems and systems to use the EVK, and that such use takes place solely in laboratory/development environments (and not in residential environments). Non-FCC approved Eval Kits are FOR ENGINEERING DEVELOPMENT, DEMONSTRATION, AND/OR EVALUATION PURPOSES ONLY.
2.3 Special terms applicable to EVKs designated as FCC-Approved: If this EVK has been designated as FCC-Approved, then it complies with Part 15 of the FCC Rules. Operation is subject to the following two conditions: (1) This EVK may not cause harmful interference, and (2) this EVK must accept any interference received, including interference that may cause undesired operation. Changes or modifications not expressly approved by the party responsible for compliance could void the user's authority to operate the equipment. Additionally, this Class A digital apparatus complies with Canadian ICES-003. Changes or modifications not expressly approved by the party responsible for compliance could void the user's authority to operate the equipment. Cet appareil numérique de la classe A est conformé à la norme NMB-003 du Canada. Les changements ou les modifications pas expressément approuvés par la partie responsable de la conformité ont pu vider l'user autorité des pour actionner l'équipement.
2.4 Safety-Related Warnings and Restrictions. Buyer assumes all responsibility and liability for proper and safe handling of this EVK. Before handling or using this EVK, Buyer shall read the applicable User's Guide and observe the Warnings and Restrictions included in such User's Guide. The User's Guide contains important safety information about temperatures and voltages. If operating ranges are provided in the User's Guide, then it is important that Buyer operate the EVK within such ranges. For additional environmental and/or safety information, please contact a TI application engineer or visit www.ti.com/esh. Among other things, Buyer will be responsible to take whatever measures may be required to correct any interference with radio communications, at its own expense, if such measures are necessary. Also, this EVK is not to be used for medical treatment or diagnosis. Further, Buyer is responsible for ensuring that any contacts or interfaces between the EVK and any human body are designed to be safe and to avoid the risk of electrical shock. Failure to operate this EVK within TI's recommended specifications and environmental considerations per the instructions in the EVK User's Guide may present risk of personal injury, property damage and/or unexpected operation of the EVK. During normal operation within the EVK's recommended ratings, some circuit components, including but not limited to linear regulators, switching transistors, pass transistors, current sense resistors and heat sinks may have elevated case temperatures or contain voltages exceeding safe touch levels. The EVK User's Guide includes a schematic drawing which identifies such components. When placing measurement probes near or on these EVKs during operation for evaluation purposes, precautions should be taken against inadvertent contact with surfaces of elevated temperatures and/or voltages exceeding safe touch levels. Questions may be directed to a TI field representative.
2.5 Warnings and Restrictions Related to Buyer's End Products. If Buyer designs and/or produces end products or subassemblies for incorporation into end products, then Buyer acknowledges, represents and agrees that it has unique knowledge concerning the Federal, State and local regulatory requirements (including but not limited to Food and Drug Administration regulations, if applicable) which relate to its products and which relate to its use (and/or that of its employees, affiliates, contractors or designees) of the EVK for evaluation, testing and other purposes. Notwithstanding any design support or recommendations that TI may provide, Buyer is solely responsible for its end product or subassembly, and for providing "fail-safe" mechanisms and/or other safety measures as may be necessary or appropriate in any potentially hazardous applications, in light of the possibility of failure of semiconductor components.
7.1 This Agreement does not apply to software. The warranty, if any, for Software is covered in the applicable Software License Agreement.
7.2 TI warrants that the TI EVK will conform to TI's published specifications for ninety days after the date TI ships such Eval Kit to Buyer. Notwithstanding the foregoing, TI shall not be liable for any defects that are caused by neglect, misuse or mistreatment by an entity other than TI, including improper installation or testing, or for any Eval Kits that have been altered or modified in any way by an entity other than TI. Moreover, TI shall not be liable for any defects that result from Buyer's design, specifications or instructions for such Eval Kits. Testing and other quality control techniques are used to the extent TI deems necessary or as mandated by government requirements. TI does not test all parameters of each Eval Kit.
7.3 If any EVK fails to conform to the warranty set forth above, TI's sole liability shall be at its option to repair or replace such EVK, or credit Buyer's account for such EVK. TI's liability under this warranty shall be limited to EVKs that are returned during the warranty period to the address designated by TI and that are determined by TI not to conform to such warranty. If TI elects to repair or replace such EVK, TI shall have a reasonable time to repair such EVK or provide replacements. Repaired EVKs shall be warranted for the remainder of the original warranty period. Replaced EVKs shall be warranted for a new full warranty period.
7.4 Accuracy of Information: To the extent TI provides information on the availability and function of EVKs, TI attempts to be as accurate as possible. However, TI does not warrant the accuracy of EVK descriptions, EVK availability or other information on its websites as accurate, complete, reliable, current, or error-free. Furthermore, in the event that an EVK is mistakenly listed at an incorrect price, TI reserves the right to refuse or cancel any orders placed for such EVK, regardless of whether the order has been confirmed or Buyer's credit card charged. If Buyer's credit card has already been charged for the purchase and Buyer's order is cancelled, arrangements will be made to issue a credit to Buyer's credit card account in the amount of the incorrect price.
7.5 Accuracy of Information: EXCEPT AS SET FORTH ABOVE, EVAL KITS AND ANY WRITTEN DESIGN MATERIALS PROVIDED WITH THE EVAL KIT (AND THE DESIGN OF THE EVAL KIT ITSELF) ARE PROVIDED "AS IS" AND "WITH ALL FAULTS." TI DISCLAIMS ALL OTHER WARRANTIES, EXPRESS OR IMPLIED, REGARDING SUCH ITEMS, INCLUDING BUT NOT LIMITED TO ANY IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT OF ANY THIRD PARTY PATENTS, COPYRIGHTS, TRADE SECRETS OR OTHER INTELLECTUAL PROPERTY RIGHTS.
7.6 Accuracy of Information: EXCEPT FOR THE LIMITED RIGHT TO USE THE EVAL KIT SET FORTH HEREIN, NOTHING IN THIS AGREEMENT SHALL BE CONSTRUED AS GRANTING OR CONFERRING ANY RIGHTS BY LICENSE, PATENT, OR ANY OTHER INDUSTRIAL OR INTELLECTUAL PROPERTY RIGHT OF TI, ITS SUPPLIERS/LICENSORS OR ANY OTHER THIRD PARTY, TO USE THE EVAL KIT IN ANY FINISHED END-USER OR READY-TO-USE FINAL PRODUCT, OR FOR ANY INVENTION, DISCOVERY OR IMPROVEMENT MADE, CONCEIVED OR ACQUIRED PRIOR TO OR AFTER THE DATE OF THIS AGREEMENT.
9.1 General Limitations. IN NO EVENT SHALL TI BE LIABLE FOR ANY SPECIAL, COLLATERAL, INDIRECT, PUNITIVE, INCIDENTAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES IN CONNECTION WITH OR ARISING OUT OF THIS CONTRACT OR THE USE OF THE EVAL KITS PROVIDED HEREUNDER, REGARDLESS OF WHETHER TI HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. EXCLUDED DAMAGES INCLUDE, BUT ARE NOT LIMITED TO, COST OF REMOVAL OR REINSTALLATION, ANCILLARY COSTS TO THE PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES, RETESTING, OUTSIDE COMPUTER TIME, LABOR COSTS, LOSS OF GOODWILL, LOSS OF PROFITS, LOSS OF SAVINGS, LOSS OF USE, LOSS OF DATA, OR BUSINESS INTERRUPTION. NO CLAIM, SUIT OR ACTION SHALL BE BROUGHT AGAINST TI MORE THAN ONE YEAR AFTER THE RELATED CAUSE OF ACTION HAS OCCURRED.
9.2 Specific Limitations. IN NO EVENT SHALL TI'S AGGREGATE LIABILITY FROM ANY WARRANTYOR OTHER OBLIGATION ARISING OUT OF OR IN CONNECTION WITH THIS CONTRACT, OR ANY USE OF ANY TI EVAL KIT PROVIDED HEREUNDER, EXCEED THE TOTAL AMOUNT PAID TO TI FOR THE PARTICULAR UNITS SOLD UNDER THIS CONTRACT WITH RESPECT TO WHICH LOSSES OR DAMAGES ARE CLAIMED. THE EXISTENCE OF MORE THAN ONE CLAIM AGAINST THE PARTICULAR UNITS SOLD TO BUYER UNDER THIS CONTRACT SHALL NOT ENLARGE OR EXTEND THIS LIMIT.
9.3 BUYER UNDERSTANDS AND AGREES THAT THE FOREGOING LIABILITY LIMITATIONS ARE ESSENTIAL ELEMENTS OF THIS CONTRACT AND THAT IN THE ABSENCE OF SUCH LIMITATIONS THE MATERIAL AND ECONOMIC TERMS OF THIS CONTRACT WOULD BE SUBSTANTIALLY DIFFERENT.
14.1 Buyer agrees that unless prior authorization is obtained from the U.S. Department of Commerce, neither Buyer nor its subsidiaries shall export, re-export, or release, directly or indirectly, any technology, software, or software source code (as defined in Part 772 of the Export Administration Regulations of the U.S. Department of Commerce ("EAR")), received from TI, or export, re-export, or release, directly or indirectly, any direct product of such technology, software, or software source code (as defined in Part 734 of the EAR), to any destination or country to which the export, re-export or release of the technology, software, software source code, or direct product is prohibited by the EAR. Buyer furnishes the assurances provided herein to TI in compliance with Part 740 (Technology and Software Under Restriction) of the EAR.
14.2 Buyer further agrees to obtain any necessary export license or other documentation prior to the exportation or re-exportation of any product, technical data, software or software source code acquired from TI under this contract or any direct product of such technical data, software or software source code. Accordingly, Buyer shall not sell, export, re-export, transfer, divert or otherwise dispose of any such product, technical data, software or software source code directly or indirectly to any person, firm, entity, country or countries prohibited by US or applicable non-US laws. Further, Buyer shall give notice of the need to comply with such laws and regulations to any person, firm or entity which it has reason to believe is obtaining any such product, technical data, software or software source code from Buyer with the intention of exportation. Each party shall secure, at its own expense, such licenses and export and import documents as are necessary for each respective party to fulfill its obligations under this contract. If government approvals cannot be obtained, TI may terminate, cancel or otherwise be excused from performing any obligations it may have under this contract.
14.3 Any product export classification made by TI shall be for TI's internal use only and shall not be construed as a representation or warranty regarding the proper export classification for such product or whether an export license or other documentation is required for the exportation of such product. This Section 14 shall survive termination of this contract.
Last updated July 26, 2011