STANDARD TERMS FOR EVALUATION MODULES
1.
Delivery:
TI delivers TI evaluation boards, kits, or modules, including any accompanying 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 set forth herein. User's acceptance of the EVM is expressly subject to the following terms.
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 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 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 a nonconforming EVM if (a) the nonconformity was 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, (b) the nonconformity resulted from User's design, specifications
or instructions for such EVMs or improper system design, or (c) User has not paid on time. Testing and other quality control
techniques
are
used
to
the
extent
TI
deems
necessary.
TI
does
not
test
all
parameters
of
each
EVM.
User's claims against TI under this Section 2 are void if User fails to notify TI of any apparent defects in the EVMs within ten (10)
business days after delivery, or of any hidden defects with ten (10) business days after the defect has been detected.
2.3
TI's sole liability shall be at its option to repair or replace EVMs that fail to conform to the warranty set forth above, 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.
WARNING
Evaluation Kits are intended solely for use by technically qualified,
professional electronics experts who are familiar with the dangers
and application risks associated with handling electrical mechanical
components, systems, and subsystems.
User shall operate the Evaluation Kit within TI’s recommended
guidelines and any applicable legal or environmental requirements
as well as reasonable and customary safeguards. Failure to set up
and/or operate the Evaluation Kit within TI’s recommended
guidelines may result in personal injury or death or property
damage. Proper set up entails following TI’s instructions for
electrical ratings of interface circuits such as input, output and
electrical loads.
NOTE:
EXPOSURE TO ELECTROSTATIC DISCHARGE (ESD) MAY CAUSE DEGREDATION OR FAILURE OF THE EVALUATION
KIT; TI RECOMMENDS STORAGE OF THE EVALUATION KIT IN A PROTECTIVE ESD BAG.
