STANDARD TERMS AND CONDITIONS FOR EVALUATION MODULES
1.
Delivery:
TI delivers TI evaluation boards, kits, or modules, including demonstration software, components, and/or documentation
which may be provided together or separately (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.
1.1
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
1.2
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.
2
Limited Warranty and Related Remedies/Disclaimers
:
2.1
These terms and conditions do not apply to Software. The warranty, if any, for Software is covered in the applicable Software
License Agreement.
2.2
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.
2.3
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.
3
Regulatory Notices:
3.1
United States
3.1.1
Notice applicable to EVMs not FCC-Approved:
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 EVMs annotated as FCC – FEDERAL COMMUNICATIONS COMMISSION Part 15 Compliant:
CAUTION
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 EVM devices
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.
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