
Interfacing With Other Platforms
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20 SWRU506–May 2017
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Copyright © 2017, Texas Instruments Incorporated
MMWAVE-DEVPACK
STANDARD TERMS FOR EVALUATION MODULES (continued)
4.4 User assumes all responsibility and liability to determine whether the EVM is subject to any applicable international,
federal, state, or local laws and regulations related to User’s handling and use of the EVM and, if applicable, User
assumes all responsibility and liability for compliance in all respects with such laws and regulations. User assumes all
responsibility and liability for proper disposal and recycling of the EVM consistent with all applicable international,
federal, state, and local requirements.
5. Accuracy of Information: To the extent TI provides information on the availability and function of EVMs, TI attempts to be as
accurate as possible. However, TI does not warrant the accuracy of EVM descriptions, EVM availability or other information
on its websites as accurate, complete, reliable, current, or error-free.
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.