6.
Disclaimers:
6.1 EXCEPT AS SET FORTH ABOVE, EVMS AND ANY MATERIALS PROVIDED WITH THE EVM (INCLUDING, BUT NOT
LIMITED TO, REFERENCE DESIGNS 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 EPIDEMIC FAILURE WARRANTY OR 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 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, REGARDLESS OF WHEN MADE, CONCEIVED OR ACQUIRED.
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. 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 OR THE USE OF THE EVMS , 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 TWELVE (12) MONTHS AFTER THE EVENT THAT GAVE RISE TO THE CAUSE OF ACTION HAS
OCCURRED.
8.2
Specific Limitations.
IN NO EVENT SHALL TI'S AGGREGATE LIABILITY FROM ANY USE OF AN EVM PROVIDED
HEREUNDER, INCLUDING FROM ANY WARRANTY, INDEMITY OR OTHER OBLIGATION ARISING OUT OF OR IN
CONNECTION WITH THESE TERMS, , EXCEED THE TOTAL AMOUNT PAID TO TI BY USER FOR THE PARTICULAR
EVM(S) AT ISSUE DURING THE PRIOR TWELVE (12) MONTHS WITH RESPECT TO WHICH LOSSES OR DAMAGES ARE
CLAIMED. THE EXISTENCE OF MORE THAN ONE CLAIM 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.
Mailing Address: Texas Instruments, Post Office Box 655303, Dallas, Texas 75265
Copyright © 2017, Texas Instruments Incorporated
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