EVM TERMS AND CONDITIONS

Texas Instruments (TI) provides the enclosed Evaluation Module and related material (EVM) to you, the user,

(you or user) SUBJECT TO 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−, marketing−, and/or

manufacturing 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

NON−INFRINGEMENT.

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

or proceeding.

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.

EXCEPT TO THE EXTENT OF THE USER’S INDEMNITY OBLIGATIONS SET FORTH ABOVE, NEITHER

PARTY SHALL BE LIABLE TO THE OTHER FOR ANY INDIRECT, SPECIAL, INCIDENTAL, OR

CONSEQUENTIAL DAMAGES WHETHER TI IS NOTIFIED OF THE POSSIBILITY OR NOT.

TI currently deals with a variety of customers for products, and therefore our arrangement with the user is not

exclusive

.

TI assumes no liability for applications assistance, customer product design, software performance, or

infringement of patents or services described herein

.

User agrees to read the EVM User’s Guide and, specifically, the EVM warnings and Restrictions notice in the

EVM User’s Guide prior to handling the EVM and the product. This notice contains important safety information

about temperatures and voltages.

It is user’s responsibility to ensure that persons handling the EVM and the product have electronics training and

observe good laboratory practice standards.

By providing user with this EVM, product and services, TI is NOT granting user any license in any patent or other

intellectual property right.

Mailing Address: Texas Instruments Post Office Box 655303 Dallas, Texas 75265

Copyright © 2007, Texas Instruments Incorporated