User's Guide

SZZC019G
ABBREVIATED TERMS AND CONDITIONS FOR EVALUATION MODULES
PRIOR TO USING THE EVM, USER MUST REVIEW THE USER DOCUMENTATION PROVIDED ON TI.COM INCLUDING THE FULL VERSION OF
TI’S STANDARD TERMS AND CONDITIONS FOR EVALUATION MODULES.
Delivery: TI delivers TI evaluation boards, kits, or modules, including any accompanying demonstration software, components, or documentation
(collectively, an “EVM” or “EVMs”) to the User (“User”) in accordance with the terms and conditions set forth herein. Acceptance of the EVM is expressly
subject to the following terms and conditions.
EVMs are intended solely for product or software developers for use in a research and development setting to facilitate feasibility evaluation,
experimentation, or scientific analysis of TI semiconductors products. EVMs have no direct function and are not finished products. EVMs shall not be
directly or indirectly assembled as a part or subassembly in any finished product. For clarification, any software or software tools provided with the EVM
(“Software”) shall not be subject to the terms and conditions set forth herein but rather shall be subject to the applicable terms and conditions that
accompany such Software.
EVMs are not intended for consumer or household use. EVMs may not be sold, sublicensed, leased, rented, loaned, assigned, or otherwise distributed for
commercial purposes by Users, in whole or in part, or used in any finished product or production system.
Limited Warranty and Related Remedies/Disclaimers:
These terms and conditions do not apply to Software. The warranty, if any, for Software is covered in the applicable Software License Agreement.
TI warrants that the TI EVM will conform to TI's published specifications for ninety (90) days after the date TI delivers such EVM to User. 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 EVMs 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 User's design, specifications or instructions for such EVMs. 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 EVM.
If any EVM fails to conform to the warranty set forth above, TI's sole liability shall be at its option to repair or replace such EVM, or credit User's account for
such EVM. TI's liability under this warranty shall be limited to EVMs 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 EVM, TI shall have a reasonable time to repair such EVM or
provide replacements. Repaired EVMs shall be warranted for the remainder of the original warranty period. Replaced EVMs shall be warranted for a new
full ninety (90) day warranty period.
Accuracy of Information: To the extent TI provides information on the availability and function of EVMs, TI attempts to be as accurate as possible.
However, TI does not warrant the accuracy of EVM descriptions, EVM availability or other information on its websites as accurate, complete, reliable,
current, or error-free.
Disclaimers:
EXCEPT AS SET FORTH ABOVE, EVMS AND ANY WRITTEN DESIGN MATERIALS PROVIDED WITH THE EVM (AND THE DESIGN OF THE EVM 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
EXCEPT FOR THE LIMITED RIGHT TO USE THE EVM SET FORTH HEREIN, NOTHING IN THESE TERMS AND CONDITIONS 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 EVM 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 DELIVERY OF THE EVM.
USER'S INDEMNITY OBLIGATIONS AND REPRESENTATIONS: USER WILL DEFEND, INDEMNIFY AND HOLD TI, ITS LICENSORS AND THEIR REPRESENTATIVES
HARMLESS FROM AND AGAINST ANY AND ALL CLAIMS, DAMAGES, LOSSES, EXPENSES, COSTS AND LIABILITIES (COLLECTIVELY, "CLAIMS") ARISING OUT OF
OR IN CONNECTION WITH ANY HANDLING OR USE OF THE EVM THAT IS NOT IN ACCORDANCE WITH THESE TERMS AND CONDITIONS. THIS OBLIGATION SHALL
APPLY WHETHER CLAIMS ARISE UNDER STATUTE, REGULATION, OR THE LAW OF TORT, CONTRACT OR ANY OTHER LEGAL THEORY, AND EVEN IF THE EVM
FAILS TO PERFORM AS DESCRIBED OR EXPECTED.
Limitations on Damages and Liability:
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 THESE TERMS ANDCONDITIONS OR THE USE OF THE EVMS 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.
Specific Limitations. IN NO EVENT SHALL TI'S AGGREGATE LIABILITY FROM ANY WARRANTY OR OTHER OBLIGATION ARISING OUT OF OR IN CONNECTION
WITH THESE TERMS AND CONDITIONS, OR ANY USE OF ANY TI EVM PROVIDED HEREUNDER, EXCEED THE TOTAL AMOUNT PAID TO TI FOR THE PARTICULAR
UNITS SOLD UNDER THESE TERMS AND CONDITIONS WITH RESPECT TO WHICH LOSSES OR DAMAGES ARE CLAIMED. THE EXISTENCE OF MORE THAN ONE
CLAIM AGAINST THE PARTICULAR UNITS SOLD TO USER UNDER THESE TERMS AND CONDITIONS SHALL NOT ENLARGE OR EXTEND THIS LIMIT.
Return Policy. Except as otherwise provided, TI does not offer any refunds, returns, or exchanges. Furthermore, no return of EVM(s) will be accepted if
the package has been opened and no return of the EVM(s) will be accepted if they are damaged or otherwise not in a resalable condition. If User feels it
has been incorrectly charged for the EVM(s) it ordered or that delivery violates the applicable order, User should contact TI. All refunds will be made in full
within thirty (30) working days from the return of the components(s), excluding any postage or packaging costs.
Governing Law: These terms and conditions shall be governed by and interpreted in accordance with the laws of the State of Texas, without reference to
conflict-of-laws principles. User agrees that non-exclusive jurisdiction for any dispute arising out of or relating to these terms and conditions 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.