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Schematics, PCB Layers, and Bill of Materials
STANDARD TERMS AND CONDITIONS FOR EVALUATION MODULES (continued)
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6.
Disclaimers:
6.1 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.
6.2 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.
7.
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.
8.
Limitations on Damages and Liability:
8.1
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
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.
8.2
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.
9.
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.
10.
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.
33
SLOU391 – May 2014
DRV2605EVM-BT User's Guide
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