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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.
Mailing Address: Texas Instruments, Post Office Box 655303, Dallas, Texas 75265
Copyright © 2014, Texas Instruments Incorporated
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