Texas Instruments Standard Terms For Evaluation Items
1. Offer and Acceptance. Buyer may offer to buy and/or take delivery of Evaluation Items under these terms by submitting an order to TI. TI may accept or reject any order at TI’s sole discretion. The terms in this contract are the sole terms governing TI’s sale or provision of Evaluation Items to Buyer. TI’s acceptance of Buyer’s offer is expressly limited to these terms. TI hereby objects to and rejects any additional or different terms proposed by Buyer, including those contained in Buyer’s purchase order, unless TI expressly agrees to such terms in writing. Capitalized words will have the meaning described in the Glossary of Defined Terms located at the end of this contract.
2. Prices. Where applicable, TI communicates pricing to customers in various ways (e.g., quotes) and confirms transaction prices with its order acknowledgements. Prior to shipment, TI’s price may change due to adjustments in specifications, quantities, shipment arrangements, requested delivery dates, or other changes to conditions. The final price in effect on the date of shipment as stated in TI’s invoice applies. Unless otherwise agreed, prices are in U.S. Dollars and Payment must be in U.S. Dollars.
3. Delivery. Unless TI notifies Buyer otherwise, shipments will be delivered FCA (Incoterms 2010) TI’s point of shipment. Risk of loss or damage will pass to Buyer upon TI’s delivery to the TI designated shipping point. Any subsequent loss or damage will not relieve Buyer from its obligations. Buyer is solely responsible for costs of freight and insurance after delivery to the TI designated shipping point. If TI incurs freight or insurance costs on Buyer’s behalf, Buyer must promptly reimburse TI for such freight or insurance costs.
Buyer is importer of record and is responsible for all import duties, taxes and any other expenses incurred or licenses or clearances required. TI may deliver Evaluation Items in installments.
TI will communicate to Buyer an Estimated Ship Date, where applicable. TI will not be liable for any damage, loss, or expense incurred by Buyer if TI fails to meet the Estimated Ship Date.
Buyer hereby grants TI, for itself and as collateral agent on behalf of each of TI’s subsidiaries, a security interest in (i) all present and future Evaluation Items sold or delivered by TI to Buyer; (ii) all present and future books and records, including, without limitation, books of account and ledgers, computer programs, computer software, and data relating to Buyer or to any personal property subject to a security interest granted herein; and (iii) all proceeds, whether now owned and existing or hereafter acquired or arising, including, without limitation: (A) all rents, issues, royalties, and profits of or from any of the foregoing, (B) all personal property now or hereafter received by Buyer upon the sale, exchange, lease, transfer, or other disposition of any of the foregoing, and (C) any amounts now or hereafter payable under any insurance policy by reason of any loss or damage to any of the foregoing or any proceeds thereof to secure the prompt and unconditional payment and performance by Buyer of all indebtedness, obligations, debts, and liabilities owed to TI. Buyer agrees, upon request by TI, to execute promptly any documents and perform any other acts at Buyer’s sole expense that TI deems necessary or advisable to confirm, continue and/or perfect the security interests granted in this Section. In addition to and not in limitation or derogation of the foregoing, Buyer hereby irrevocably authorizes TI to execute and file any one or more financing statements covering all personal property subject to the security interests granted in this Section.
4. No Cancellations or Rescheduling. Orders for Evaluation Items may not be cancelled or rescheduled. Evaluation Items (except for Evaluation Kits pursuant to Section 8 below) are non-returnable and non-refundable. Evaluation Items cannot be resold or redistributed other than by TI-authorized distributors purchasing Evaluation Items directly from TI.
5. Payment Terms. Where applicable, payment is due thirty (30) Days after TI’s invoice date. TI may change or withdraw credit amounts or payment terms at any time for any reason. If Buyer fails to make Payment when due, TI may suspend or cancel performance under any agreements, including delay or cancellation of shipment on any open orders. TI will not be liable for, and Buyer will hold TI harmless from, any costs or losses resulting from suspension or cancellation on account of Buyer’s failure to make Payment. Buyer may not deduct any Payment amounts on account of unresolved disputes. TI may charge Buyer 1.5% per month on overdue accounts (18% per year) to the extent permitted by law.
6. Taxes. Prices do not include applicable taxes or duties. Buyer is solely responsible for paying all applicable taxes and duties. TI will add sales taxes to the sales price where required by applicable law and Buyer will pay such taxes unless Buyer provides TI with a duly executed sales tax exemption certificate. If Buyer is required by law to withhold any amount of tax from its Payment to TI, Buyer will take all reasonable steps to minimize such withholding tax, provide TI with a receipt or certificate as evidence the tax has been paid, and reimburse TI for the amount of withholding so that TI receives Payment for the full value of the invoice.
Unless TI notifies Buyer otherwise, with regard to international shipments that transit through international waters or airspace, title transfers to Buyer immediately after Evaluation Items leave the jurisdictional territory of TI’s point of shipment. Unless TI notifies Buyer otherwise, with regard to domestic shipments and international shipments that do not transit through international waters or airspace, title transfers upon delivery to Buyer’s carrier or nominee at TI’s point of shipment.
7. Contingencies. TI will not be in breach of this contract and will not be liable for any non-performance or delay in performance if such non-performance or delay is due to a force majeure event or other circumstances beyond TI’s reasonable control, whether foreseeable or unforeseeable, including but not limited to, shortages of labor, energy, fuel, machinery or materials, technical or yield failures, war, civil unrest, any government act, law or regulation, including any judicial order or decree, any communication or power failure, labor dispute, natural disaster, fire, flood, earthquake, explosion, terrorist act, or Act of God. In the event of a shortage, TI may, at its sole discretion, allocate Evaluation Items production and deliveries.
8. Warranties and Related Remedies.
8.1 Subject to Sections 8.2 through 8.4 and Section 9 below, TI warrants, for a period of ninety (90) Days after the date TI or a TI-authorized distributor delivers the Evaluation Kit to Buyer, that Evaluation Kits will be free of defects in materials and workmanship. Notwithstanding the foregoing, TI will not be liable for a nonconforming Evaluation Kit if:
(a) the nonconformity was caused by neglect, misuse, or mistreatment by an entity other than TI, including improper installation or testing or usage outside of the instructions set forth in the User Guide, or for any Evaluation Kits that were altered or modified in any way by an entity other than TI;
(b) the nonconformity resulted from Buyer’s design, specifications, or instructions for such Evaluation Kit or improper system design; or
(c) where applicable, Buyer has not paid on time.
Testing and other quality control techniques are used to the extent TI deems necessary. TI does not necessarily test all parameters of each Evaluation Item.
Buyer’s claims against TI under this Section 8 are void if Buyer fails to notify TI of any apparent defects in the Evaluation Kit within ten (10) business days after delivery, or of any hidden defects within ten (10) business days after the defect has been detected.
8.2 TI’s sole liability will be at its option to repair or replace Evaluation Kits that fail to conform to the warranty set forth above, or credit Buyer’s account for such Evaluation Kit. TI’s liability under this warranty will be limited to Evaluation Kits 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 Evaluation Kit, TI will have a reasonable time to complete such actions. Repaired Evaluation Kits will be warranted for the remainder of the original warranty period. Replaced Evaluation Kits will be warranted for a new full warranty period.
8.3 EXCEPT AS SET FORTH ABOVE, EVALUATION ITEMS (AS DEFINED IN THIS CONTRACT) ARE PROVIDED “AS IS” AND “WITH ALL FAULTS.” TI DISCLAIMS ALL OTHER WARRANTIES, EXPRESS OR IMPLIED, REGARDING SUCH EVALUATION ITEMS, INCLUDING BUT NOT LIMITED TO, ANY EPIDEMIC FAILURE WARRANTY OR IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NONINFRINGEMENT OF INTELLECTUAL PROPERTY RIGHTS. TI RESERVES THE RIGHT TO MODIFY OR DISCONTINUE EVALUATION KITS AND/OR PRE-PRODUCTION PRODUCTS AT ANY TIME WITHOUT NOTICE.
8.4 TI may provide Buyer technical, applications, or design advice (including reference designs), quality characterization, reliability data, or other services. Buyer agrees that providing these services does not expand or otherwise alter TI’s warranties as set forth above and no additional obligations or liabilities arise from TI providing such services or items. TI PROVIDES ALL SERVICES AND ITEMS TO BUYER (OTHER THAN “EVALUATION KITS” DEFINED IN THIS CONTRACT AND “PRODUCTS” DEFINED IN TI’S TERMS OF SALE FOR SEMICONDUCTOR PRODUCTS, AVAILABLE AT HTTP://WWW.TI.COM/SC/DOCS/STDTERMS.HTM) “AS IS” AND “WITH ALL FAULTS.” TI DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, REGARDING SUCH SERVICES AND ITEMS, INCLUDING, BUT NOT LIMITED TO, ANY EPIDEMIC FAILURE WARRANTY OR IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, OR NONINFRINGEMENT OF INTELLECTUAL PROPERTY RIGHTS.
9. Buyer’s Applications and Compliance.
9.1 No Production Use. Evaluation Items are intended solely for product and/or software developers for use in a research and development setting to facilitate feasibility evaluation, experimentation, or scientific analysis of TI Products. Evaluation Items have no direct function and shall not be used in production applications, or production test platforms, or as test equipment. Buyer may use Evaluation Items for field testing (i.e. to evaluate Buyer’s application) only with TI’s advance written permission. Evaluation Items are not intended for consumer or household use.
9.2 General. Buyer is solely responsible for the design, validation, and testing of its applications as well as for compliance with all legal, regulatory, and safety-related requirements concerning its applications. Industry best practices generally require that Buyer conducts qualification tests on actual applications taking into account possible environmental and other conditions that Buyer’s application may encounter. Buyer represents that, with respect to its applications, it has all the necessary expertise to create and implement safeguards that (1) anticipate dangerous consequences of failures, (2) monitor failures and their consequences, and (3) lessen the likelihood of failures that might cause harm, and to take appropriate remedial actions. Buyer agrees that prior to using or distributing any systems that include TI products, Buyer will thoroughly test such systems and the functionality of such TI products as used in such systems.
9.3 Industry Standards. Unless TI has explicitly designated an individual Evaluation Item as meeting the requirements of a particular industry standard (e.g., ISO 9001, IATF 16949, and/or ISO 26262), TI is not responsible for any failure to meet such industry standard requirements.
9.4 Safety Requirements. Where TI specifically promotes Evaluation Items as demonstrating functional safety features, such Evaluation Items are intended to help enable customers to design and create their own applications that meet applicable functional safety standards and requirements. Buyer must ensure compliance with safety-related requirements and standards applicable to its applications.
9.5 Specifically Designated Qualification. TI may expressly designate certain Evaluation Items as completing a particular qualification (e.g., AEC-Q100, Military Grade, or Enhanced Product). Buyer agrees that it has the necessary expertise to select the Evaluation Items with the appropriate qualification designation for use in developing its applications and that proper Evaluation Items selection is at Buyer’s own risk. Buyer is solely responsible for compliance with all legal and regulatory requirements in connection with such selection.
9.6 Life-Critical Medical. Evaluation Items are not intended for use with or in connection with a patient or patient diagnostics. Evaluation Items are also not intended for use in Life-Critical Medical Equipment, however, they may be used for evaluation of TI Products in connection with Life Critical Medical Equipment if the parties have executed a special contract specifically governing such use.
9.7 Indemnification by Buyer. Buyer will fully indemnify TI and its representatives against any damages, costs, losses, and/or liabilities arising out of Buyer’s non-compliance with Section 9.
10. Regulatory Notices for Evaluation Kits. Evaluation Kits are subject to the regulatory notices set forth in Appendix A, which is incorporated herein by this reference.
11. Limitations and Damages Disclaimer.
11.1 General Limitations. IN NO EVENT WILL 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 EVALUATION ITEMS, REGARDLESS OF WHETHER TI HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. EXCLUDED DAMAGES INCLUDE, BUT ARE NOT LIMITED TO, COST OF REMOVAL, REWORK 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 WILL BE BROUGHT AGAINST TI MORE THAN TWELVE (12) MONTHS AFTER THE EVENT THAT GAVE RISE TO THE CAUSE OF ACTION HAS OCCURRED.
11.2 Specific Limitations. IN NO EVENT WILL TI’S AGGREGATE LIABILITY FROM ANY USE OF AN EVALUATION ITEM PROVIDED HEREUNDER, INCLUDING FROM ANY WARRANTY, INDEMNITY, OR OTHER OBLIGATION ARISING OUT OF OR IN CONNECTION WITH THIS CONTRACT EXCEED THE TOTAL AMOUNT PAID TO TI FOR THE PARTICULAR EVALUATION ITEMS AT ISSUE DURING THE PRIOR TWELVE (12) MONTHS WITH RESPECT TO WHICH LOSSES OR DAMAGES ARE CLAIMED. THE EXISTENCE OF MORE THAN ONE CLAIM WILL NOT ENLARGE OR EXTEND THIS LIMIT.
11.3 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.
12. Non-Waiver of Default. In the event of any default by Buyer, TI may decline to make further shipments. If TI elects to continue to make shipments, TI’s action will not be a waiver of any such default or affect TI’s legal remedies for any such default. Each shipment made under any order will be treated as a separate sale and transaction.
13. Governing Law and Venue. This contract is governed by and interpreted in accordance with the laws of the State of Texas, without reference to conflict-of-laws principles. If for any reason a court of competent jurisdiction finds any provision of this contract to be unenforceable, that provision will be enforced to the maximum extent possible to effectuate the intent of the parties and the remainder of this contract will continue in full force and effect. This contract is not governed by the United Nations Convention on Contracts for the International Sale of Goods. Buyer agrees that non-exclusive jurisdiction for any dispute arising out of or relating to this contract lies within courts located in the State of Texas and consents to venue in Dallas County, Texas. Notwithstanding the foregoing, any judgment may be enforced in any United States or foreign court and TI may seek injunctive relief in any United States or foreign court.
14. Export Control.
14.1 Exports, re-exports, and transfers of Evaluation Items are subject to U.S. export controls and sanctions, the most important of which are administered by the Commerce Department’s Bureau of Industry and Security (“BIS”) under its Export Administration Regulations (“EAR”) (15 Code of Federal Regulations Parts 730-774) and the Treasury Department’s Office of Foreign Assets Control (“OFAC”) under its Foreign Assets Control Regulations (31 Code of Federal Regulations Part 500). Buyer acknowledges and agrees that it will comply, and will ensure that its subsidiaries comply, with all applicable laws and regulations whenever it exports, re-exports, or transfers Evaluation Items.
14.2 Buyer acknowledges and agrees that Evaluation Items may not be sold, exported, re-exported, transferred, or resold to any U.S. embargoed, sanctioned, or restricted destinations as defined in EAR Supplement No. 1 to Part 740, Country Group E, or to any entities or enterprises listed in EAR Supplement No. 4 to Part 744, without prior authorization from BIS, OFAC, or any other responsible U.S. Government agency and in compliance with the EAR and any other applicable U.S. Government regulation. Buyer further acknowledges and agrees that Evaluation Items may not be exported, re-exported, transferred, or resold to a person or entity barred by the U.S. Government (collectively, “Denied Persons”) from participating in export activities. Denied Persons include, but are not limited to, those individuals or entities listed on the Commerce Department’s Denied Persons List, the Commerce Department’s Entity List, the Directorate of Defense Trade Controls’ List of Statutorily Debarred Parties, and the Treasury Department’s List of Specially Designated Nationals. Buyer further agrees that it will not export, re-export, or transfer to the United States on TI’s behalf or for TI’s benefit any goods, services, or technology from any embargoed/sanctioned country or from any Denied Person that will be imported into the United States, directly or indirectly, without a required authorization from OFAC. The above lists of U.S. embargoed/sanctioned or restricted destinations, entities, or Denied Persons are subject to change.Buyer also acknowledges and agrees to observe all other applicable restrictions concerning other end-uses/end-users according to other laws and regulations (e.g., European Commission regulations or any other national regulations).To the extent applicable, Buyer undertakes to refrain from the following transactions under all circumstances: (a) transactions involving persons, organizations, or institutions listed in any applicable sanctions list, (b) prohibited transactions involving embargoed countries, and (c) transactions subject to any license requirement for which the necessary export license has not been granted.
14.3 Buyer further agrees to obtain any necessary export authorization prior to the exportation, re-exportation, or transfer of any Evaluation Item acquired from TI under this contract. Each party will secure, at its own expense, such authorization and export and import documents as are necessary for each respective party to fulfill its obligations under this contract. Further, Buyer will 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 Evaluation Item from Buyer with the intention of exportation. If government approvals cannot be obtained by TI, TI may terminate, cancel, or otherwise be excused from performing any obligations it may have under these terms.
14.4 Without limiting the generality of the foregoing, Buyer further agrees that Evaluation Items may not be exported, re-exported, transferred, purchased, or resold for a military end-use or to a military end-user in a country listed in EAR Supplement No. 1 to Part 740, Country Group D1, without prior authorization from BIS, OFAC, or any other responsible U.S. Government agency and in compliance with the EAR and any other applicable U.S. Government regulation. The term “military end-use” means incorporation into a military item described on the U.S. Munitions List (“USML”) (22 Code of Federal Regulations Part 121, International Traffic in Arms Regulations) or the International Munitions List (“IML”) (as set out on the Wassenaar Arrangement website at www.wassenaar.org); or commodities classified under Export Control Classification Numbers (“ECCNs”) ending in “A018” or under “600 series” ECCNs. The term “military end-user” means the national armed services (e.g., army, navy, marine, air force, or coast guard), as well as the national guard and national police, government intelligence or reconnaissance organizations, or any person or entity whose actions or functions are intended to support a military end-use. Buyer further acknowledges and agrees that Evaluation Items may not be exported, re-exported, transferred, or resold, directly or indirectly, for the design, development, fabrication, or use of nuclear, chemical, or biological weapons or missile technology without U.S. Government authorization.
14.5 Requests by Buyer for TI to provide assistance or services in connection with the integration of Evaluation Items into any military end-use item must be approved in advance by TI in writing for export control purposes and TI’s ability to provide any such assistance to Buyer is conditioned upon obtaining any U.S. government export authorization that may be required. TI is not obligated to provide such assistance or services.
14.6 Any Evaluation Item 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 Evaluation Item or whether an export authorization is required for the exportation of such Evaluation Item.
14.7 If Buyer violates any of its obligations and commitments under Section 14, TI may terminate, cancel, or otherwise be excused from performing any obligations it may have under this contract. Buyer will fully indemnify TI and its representatives against any damages, costs, losses, and/or liabilities arising out of Buyer’s non-compliance with Section 14. Section 14 will survive termination of this contract.
15. U.S. Government Contracts. If Buyer intends to use Evaluation Items in the performance of a U.S. Government contract or subcontract where Federal Acquisition Regulations, Defense Federal Acquisition Regulations Supplements, or other applicable government procurement rules or regulations (collectively, “Government Procurement Regulations”) will apply, Buyer will inform TI in writing of each applicable Government Procurement Regulation before Buyer submits an applicable purchase order for the Evaluation Items. Unless otherwise agreed upon in writing and signed by TI, (i) no Government Procurement Regulations will apply, (ii) TI will not provide certified cost or pricing data, and (iii) Cost Accounting Standards, Defective Pricing, and Audit requirements will not apply.
16. Assignment and Third Party Beneficiaries. This contract is not assignable by Buyer without TI’s prior written consent. Any unauthorized assignment is null and void. No provision in this contract confers any benefits, rights, or remedies to any person other than Buyer or TI. TI’s affiliates and subsidiaries may perform all or any part of TI’s obligations under this contract.
17. Miscellaneous. This contract constitutes the entire agreement between the parties relating to the sale and/or provision of Evaluation Items and supersedes all previous communications, representations, or agreements, either oral or written, with respect to the subject matter hereof. No addition to or modification or waiver of any provision of this contract will be binding upon TI unless made in writing and signed by a duly authorized TI representative. Electronic communications, including emails and/or social media communications, are not signed writings for purpose of this section. No course of dealing or trade usage or course of performance will be relevant to explain or supplement any term in this contract. These terms will prevail notwithstanding any different, conflicting, or additional terms that may appear on any purchase order or other writing not expressly incorporated herein, including, but not limited to, data sheets, application notes, purchase order acknowledgements, and online communications. The section headings contained in this contract are for reference purposes only and will not affect in any way the meaning or interpretation of this contract.
Notice to Customers Purchasing From Distributors
TI strongly encourages purchasing from a TI authorized source to receive the following benefits:
· Genuine TI devices with traceability
· Handling and storage according to TI quality standards
· Support with the most up-to-date technical and product information
Purchases from unauthorized sources carry the risk of receiving counterfeit or substandard products where original quality and reliability have been compromised.
Glossary of Defined Terms
· BIS has the meaning defined in Section 14.1.
· Buyer means a person or entity purchasing or taking delivery of Evaluation Items directly from TI.
· Days means calendar days unless otherwise stated.
· Denied Persons has the meaning defined in Section 14.2.
· EAR has the meaning defined in Section 14.1.
· ECCNs has the meaning defined in Section 14.4.
· Estimated Ship Date or ESD means the date estimated by TI for shipment of the Evaluation Item from the applicable TI location.
· Evaluation Kit means an electronic assembly sold or otherwise provided to Buyer for use in a research and development setting, outside of TI, to facilitate feasibility evaluation, experimentation, or scientific analysis primarily involving TI Products. Evaluation Kit(s) includes evaluation kits, evaluation modules (EVMs), evaluation boards, development kits, and emulators, and as-built reference designs.
· Evaluation Item means an Evaluation Kit, a Pre-Production Product, and/or a Sample. For clarity, and without limitation, the term “Evaluation Item” or “Evaluation Items” excludes: Products, services, marketing collateral, software, and wafer and/or die products. TI may provide these items or services to Buyer under separate terms.
· Government Procurement Regulations has the meaning set forth in Section 15.
· IC means integrated circuit.
· IML has the meaning defined in Section 14.4.
· Life-Critical Medical Equipment means medical equipment where failure of such equipment would cause serious bodily injury or death (e.g., life support, pacemakers, defibrillators, heart pumps, neurostimulators, and implantables). Such equipment includes, without limitation, all medical devices identified by the U.S. Food and Drug Administration as Class III devices and equivalent classifications outside the U.S.
· Military End-Use has the meaning defined in Section 14.4.
· Military End-User has the meaning defined in Section 14.4.
· OFAC has the meaning defined in Section 14.1.
· Payment means TI has received cleared funds from Buyer in TI’s bank account on or before the invoice due date.
· Pre-Production Product means a packaged integrated circuit product that TI has not qualified and released to market, and for which quality assurance, reliability performance testing and/or process qualification may not have been completed. The term “Pre-Production Product” includes prototypes, experimental devices, and devices designated as “advance” or “preview” in TI datasheets. For clarity, and without limitation, the term “Pre-Production Product” or “Pre-Production Products” excludes: services, reference designs, marketing collateral, software, wafer and/or die products, and evaluation modules (EVM’s). TI may provide these items or services to Buyer under separate terms.
· Product means a packaged integrated circuit product that TI has qualified and released to market. For clarity, and without limitation, the term “Product” or “Products” excludes: services, reference designs, marketing collateral, software, Samples (or TI’s Sample program), wafer and/or die products, Pre-Production Products, and Evaluation Kits.
· Sample means a Product or Pre-Production Product that TI provides to Buyer free of charge for evaluation or testing purposes. • USML has the meaning defined in Section 14.4.
· USML has the meaning defined in Section 14.4.
Latest version available on TI.com
Appendix A: Regulatory Notices for Evaluation Kits
1. United States.
Notice applicable to Evaluation Kits not FCC-Approved:
FCC NOTICE: This kit is designed to allow product developers to evaluate electronic components, circuitry, or software associated with the kit to determine whether to incorporate such items in a finished product and software developers to write software applications for use with the end product. This kit 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 condition that this product not cause harmful interference to licensed radio stations and that this product accept harmful interference. Unless the assembled kit is designed to operate under part 15, part 18 or part 95 of this chapter, 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 this chapter. 3.1.2
For Evaluation Kits annotated as FCC – FEDERAL COMMUNICATIONS COMMISSION Part 15 Compliant:
This device complies with part 15 of the FCC Rules. Operation is subject to the following two conditions: (1) This device may not cause harmful interference, and (2) this device 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.
FCC Interference Statement for Class A Evaluation Kits
NOTE: This equipment has been tested and found to comply with the limits for a Class A digital device, pursuant to part 15 of the FCC Rules. These limits are designed to provide reasonable protection against harmful interference when the equipment is operated in a commercial environment. This equipment generates, uses, and can radiate radio frequency energy and, if not installed and used in accordance with the instruction manual, may cause harmful interference to radio communications. Operation of this equipment in a residential area is likely to cause harmful interference in which case the user will be required to correct the interference at his own expense.
FCC Interference Statement for Class B Evaluation Kits
NOTE: This equipment has been tested and found to comply with the limits for a Class B digital device, pursuant to part 15 of the FCC Rules. These limits are designed to provide reasonable protection against harmful interference in a residential installation. This equipment generates, uses and can radiate radio frequency energy and, if not installed and used in accordance with the instructions, may cause harmful interference to radio communications. However, there is no guarantee that interference will not occur in a particular installation. If this equipment does cause harmful interference to radio or television reception, which can be determined by turning the equipment off and on, the user is encouraged to try to correct the interference by one or more of the following measures:
- Reorient or relocate the receiving antenna.
- Increase the separation between the equipment and receiver.
- Connect the equipment into an outlet on a circuit different from that to which the receiver is connected.
- Consult the dealer or an experienced radio/TV technician for help.
2. Canada. For Evaluation Kits issued with an Industry Canada Certificate of Conformance to RSS-210
Concerning Evaluation Kits Including Radio Transmitters:
This device complies with Industry Canada license-exempt RSS standard(s). Operation is subject to the following two conditions: (1) this device may not cause interference, and (2) this device must accept any interference, including interference that may cause undesired operation of the device.
Concernant les Evaluation Kits avec appareils radio:
Le présent appareil est conforme aux CNR d'Industrie Canada applicables aux appareils radio exempts de licence. L'exploitation est autorisée aux deux conditions suivantes: (1) l'appareil ne doit pas produire de brouillage, et (2) l'utilisateur de l'appareil doit accepter tout brouillage radioélectrique subi, même si le brouillage est susceptible d'en compromettre le fonctionnement.
Concerning Evaluation Kits Including Detachable Antennas:
Under Industry Canada regulations, this radio transmitter may only operate using an antenna of a type and maximum (or lesser) gain approved for the transmitter by Industry Canada. To reduce potential radio interference to other users, the antenna type and its gain should be so chosen that the equivalent isotropically radiated power (e.i.r.p.) is not more than that necessary for successful communication. This radio transmitter has been approved by Industry Canada to operate with the antenna types listed in the user guide with the maximum permissible gain and required antenna impedance for each antenna type indicated. Antenna types not included in this list, having a gain greater than the maximum gain indicated for that type, are strictly prohibited for use with this device.
Concernant les Evaluation Kits avec antennes détachables:
Conformément à la réglementation d'Industrie Canada, le présent émetteur radio peut fonctionner avec une antenne d'un type et d'un gain maximal (ou inférieur) approuvé pour l'émetteur par Industrie Canada. Dans le but de réduire les risques de brouillage radioélectrique à l'intention des autres utilisateurs, il faut choisir le type d'antenne et son gain de sorte que la puissance isotrope rayonnée équivalente (p.i.r.e.) ne dépasse pas l'intensité nécessaire à l'établissement d'une communication satisfaisante. Le présent émetteur radio a été approuvé par Industrie Canada pour fonctionner avec les types d'antenne énumérés dans le manuel d’usage et ayant un gain admissible maximal et l'impédance requise pour chaque type d'antenne. Les types d'antenne non inclus dans cette liste, ou dont le gain est supérieur au gain maximal indiqué, sont strictement interdits pour l'exploitation de l'émetteur
Notice for Evaluation Kits delivered in Japan: Please see 日本国内に輸入される評価用キット、ボードについては、次のサイトをご覧ください。
Buyer is responsible for compliance with Japanese legal requirements for use of Evaluation Kits under applicable Japanese laws including Radio Law of Japan and Electrical Appliances and Materials Safety Act.
Notice for Users of Evaluation Kits Considered “Radio Frequency Products” in Japan: Evaluation Kits entering Japan may not be certified by TI as conforming to Technical Regulations of Radio Law of Japan. If user uses Evaluation Kits in Japan, not certified to Technical Regulations of Radio Law of Japan, user is required to follow the instructions set forth by Radio Law of Japan, which includes, but is not limited to, the instructions below with respect to Evaluation Kits (which for the avoidance of doubt are stated strictly for convenience and should be verified by user):
1. Use Evaluation Kits in a shielded room or any other test facility as defined in the notification #173 issued by Ministry of Internal Affairs and Communications on March 28, 2006, based on Sub-section 1.1 of Article 6 of the Ministry’s Rule for Enforcement of Radio Law of Japan,
2. Use Evaluation Kits only after user obtains the license of Test Radio Station as provided in Radio Law of Japan with respect to Evaluation Kits, or
3. Use of Evaluation Kits only after user obtains the Technical Regulations Conformity Certification as provided in Radio Law of Japan with respect to Evaluation Kits. Also, do not transfer Evaluation Kits, unless user gives the same notice above to the transferee. Please note that if user does not follow the instructions above, user will be subject to penalties of Radio Law of Japan.
【無線電波を送信する製品の開発キットをお使いになる際の注意事項】 開発キットの中には技術基準適合証明を受けて いないものがあります。 技術適合証明を受けていないもののご使用に際しては、電波法遵守のため、以下のいずれかの 措置を取っていただく必要がありますのでご注意ください。
1. 電波法施行規則第6条第1項第1号に基づく平成18年3月28日総務省告示第173号で定められた電波暗室等の試験設備でご使用 いただく。
なお、本製品は、上記の「ご使用にあたっての注意」を譲渡先、移転先に通知しない限り、譲渡、移転できないものとします。 上記を遵守頂けない場合は、電波法の罰則が適用される可能性があることをご留意ください。 日本テキサス・イ ンスツルメンツ株式会社 東京都新宿区西新宿６丁目２４番１号 西新宿三井ビル
Notice for Evaluation Kits for Power Line Communication: