Evaluation Board License Agreement
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 Boards: 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 to 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.
• 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.
WARRANTY
ST WARRANTS THAT IT HAS THE RIGHT TO PROVIDE THE EVALUATION BOARD TO YOU. THIS WARRANTY IS
PROVIDED BY ST IN LIEU OF ALL OTHER WARRANTIES, WRITTEN OR ORAL, STATUTORY, EXPRESS OR IMPLIED,
INCLUDING ANY WARRANTY AS TO MERCHANTABILITY, NON-INFRINGEMENT, FITNESS FOR ANY PARTICULAR
PURPOSE, OR UNINTERRUPTED OR ERROR-FREE OPERATION, ALL OF WHICH ARE EXPRESSLY DISCLAIMED. THE
EVALUATION BOARD IS PROVIDED “AS IS”.
YOU WARRANT TO ST THAT YOU WILL ENSURE THE EVALUATION BOARD IS USED ONLY BY ELECTRONICS
EXPERTS WHO UNDERSTAND THE DANGERS OF HANDLING AND USING SUCH ITEMS, YOU ASSUME ALL
RESPONSIBILITY AND LIABILITY FOR ANY IMPROPER OR UNSAFE HANDLING OR USE OF THE EVALUATION BOARD
BY YOU, YOUR EMPLOYEES, AFFILIATES, CONTRACTORS, AND DESIGNEES.
LIMITATION OF LIABILITIES
IN NO EVENT SHALL ST BE LIABLE TO YOU, WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT
LIABILITY, OR ANY OTHER LEGAL THEORY, FOR ANY INDIRECT, SPECIAL, CONSEQUENTIAL, INCIDENTAL, PUNITIVE,
OR EXEMPLARY DAMAGES WITH RESPECT TO ANY MATTERS RELATING TO THIS AGREEMENT, REGARDLESS OF
WHETHER ST HAS BEEN ADVISED OF THE POSSIBILITY OF THE SAME. IN NO EVENT SHALL ST’S LIABILITY ARISING
OUT OF THIS AGREEMENT IN THE AGGREGATE EXCEED THE AMOUNT PAID BY YOU UNDER THIS AGREEMENT FOR
THE PURCHASE OF THE EVALUATION BOARD, OR TEN UNITED STATES DOLLARS ($10.00) IF NO PURCHASE PRICE
WAS PAID.
INDEMNIFICATION
You shall, at Your expense, defend ST and its Affiliates against a claim or action brought by a third party for infringement
or misappropriation of any patent, copyright, trade secret or other intellectual property right of a third party to the extent
resulting from (1) Your combination of the Evaluation Board with any other component, system, software, or firmware, (2) Your
modification of the Evaluation Board, or (3) Your use of the Evaluation Board in a manner not permitted under this Agreement.
You shall indemnify ST and its Affiliates against and pay any resulting costs and damages finally awarded against ST or its
Affiliates or agreed to in any settlement, provided that You have sole control of the defense and settlement of the claim or
action, and ST cooperates in the defense and furnishes all related evidence under its control at Your expense. ST will be
entitled to participate in the defense of such claim or action and to employ counsel at its own expense.
“Affiliates” means any corporation or other entity directly or indirectly controlled by, controlling or under common control with the
entity in question, for so long as such ownership exists. "Control" means the direct or indirect beneficial ownership of more than
fifty (50%) percent of the stock or other equity interests entitled to vote for the election of directors or an equivalent governing
body. Any such corporation or other legal entity shall be deemed to be an Affiliate of such Party only as long as such Control
exists.
TERMINATION
ST may terminate this Agreement without notice if You breach this Agreement. Upon termination, You shall immediately destroy
or return all copies of the software, firmware, and documentation of the Evaluation Board to ST and certify in writing to ST that
You have done so.
APPLICABLE LAW AND JURISDICTION
This Agreement shall be governed, construed and enforced in accordance with the laws of Switzerland, without regard to its
conflict of laws rules. The UN Convention on Contracts for the International Sale of Goods shall not apply to this Agreement. In
case of dispute and in the absence of an amicable settlement, the only competent jurisdiction shall be the Courts of Geneva,
Switzerland. Any breach of this Agreement by You may result in irreparable damage to ST for which ST will not have an
adequate remedy at law. Accordingly, in addition to any other remedies and damages available, You acknowledge and agree
that ST may immediately seek enforcement of this Agreement in any jurisdiction by means of specific performance or injunction,
without any requirement to post a bond or other security.
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