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 sytem 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.
3
Regulatory Notices:
3.1
United States
3.1.1
Notice applicable to EVMs not FCC-Approved:
FCC NOTICE:
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.