EVM TERMS AND CONDITIONS
Texas Instruments (TI) provides the enclosed Evaluation Module and related material (EVM) to you, the user,
(you or user)
the terms and conditions set forth below.
By accepting and using the EVM, you are
indicating that you have read, understand and agree to be bound by these terms and conditions. IF YOU DO
NOT AGREE TO BE BOUND BY THESE TERMS AND CONDITIONS, YOU MUST RETURN THE EVM AND
NOT USE IT.
This EVM is provided to you by TI and is intended for your
INTERNAL ENGINEERING DEVELOPMENT OR
EVALUATION PURPOSES ONLY
. It is provided ”AS IS” and ”WITH ALL FAULTS.”
It is not considered by TI to
be fit for commercial use. As such, the EVM may be incomplete in terms of required design
related protective considerations, including product safety measures typically found in the end
product. As a prototype, the EVM does not fall within the scope of the European Union directive on
electromagnetic compatibility and therefore may not meet the technical requirements of the directive.
Should this EVM not meet the specifications indicated in the EVM User’s Guide, it may be returned within 30
days from the date of delivery for a full refund of any amount paid by user for the EVM, which user agrees shall
be user’s sole and exclusive remedy.
THE FOREGOING WARRANTY IS THE EXCLUSIVE WARRANTY MADE
BY TI TO USER, AND IS IN LIEU OF ALL OTHER WARRANTIES, EXPRESSED, IMPLIED, OR STATUTORY,
INCLUDING ANY WARRANTY OF MERCHANTABILITY, FITNESS FOR ANY PARTICULAR PURPOSE OR
TI shall have no obligation to defend any claim arising from the EVM, including but not limited to claims that the
EVM infringes third party intellectual property.
Further, TI shall have no liability to user for any costs, losses or
damages resulting from any such claims.
User shall indemnify and hold TI harmless against any damages,
liabilities or costs resulting from any claim, suit or proceeding arising from user’s handling or use of the EVM,
including but not limited to, (i) claims that the EVM infringes a third party’s intellectual property, and (ii) claims
arising from the user’s use or handling of the EVM.
TI shall have no responsibility to defend any such claim, suit
User assumes all responsibility and liability for proper and safe handling and use of the EVM and the evaluation
of the EVM.
TI shall have no liability for any costs, losses or damages resulting from the use or handling of the
EVM. User acknowledges that the EVM may not be regulatory compliant or agency certified (FCC, UL, CE, etc.).
Due to the open construction of the EVM it is the user’s responsibility to take any and all appropriate precautions
with regard to electrostatic discharge.