ADDITIONAL TERMS AND CONDITIONS, WARNINGS, RESTRICTIONS, AND DISCLAIMERS FOR
EVALUATION MODULES
Texas Instruments Incorporated (TI) markets, sells, and loans all evaluation boards, kits, and/or modules (EVMs) pursuant to, and user
expressly acknowledges, represents, and agrees, and takes sole responsibility and risk with respect to, the following:
1.
User agrees and acknowledges that EVMs are intended to be handled and used for feasibility evaluation only in laboratory and/or
development environments. Notwithstanding the foregoing, in certain instances, TI makes certain EVMs available to users that do not
handle and use EVMs solely for feasibility evaluation only in laboratory and/or development environments, but may use EVMs in a
hobbyist environment. All EVMs made available to hobbyist users are FCC certified, as applicable. Hobbyist users acknowledge, agree,
and shall comply with all applicable terms, conditions, warnings, and restrictions in this document and are subject to the disclaimer and
indemnity provisions included in this document.
2.
Unless otherwise indicated, EVMs are not finished products and not intended for consumer use. EVMs are intended solely for use by
technically qualified electronics experts who are familiar with the dangers and application risks associated with handling electrical
mechanical components, systems, and subsystems.
3.
User agrees that EVMs shall not be used as, or incorporated into, all or any part of a finished product.
4.
User agrees and acknowledges that certain EVMs may not be designed or manufactured by TI.
5.
User must read the user's guide and all other documentation accompanying EVMs, including without limitation any warning or
restriction notices, prior to handling and/or using EVMs. Such notices contain important safety information related to, for example,
temperatures and voltages. For additional information on TI's environmental and/or safety programs, please visit
or
contact TI.
6.
User assumes all responsibility, obligation, and any corresponding liability for proper and safe handling and use of EVMs.
7.
Should any EVM not meet the specifications indicated in the user’s guide or other documentation accompanying such EVM, the EVM
may be returned to TI within 30 days from the date of delivery for a full refund. THE FOREGOING LIMITED 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 OR FITNESS FOR ANY PARTICULAR PURPOSE. TI SHALL
NOT BE LIABLE TO USER FOR ANY INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES RELATED TO THE
HANDLING OR USE OF ANY EVM.
8.
No license is granted under any patent right or other intellectual property right of TI covering or relating to any machine, process, or
combination in which EVMs might be or are used. TI currently deals with a variety of customers, and therefore TI’s 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 with respect to the handling or use of EVMs.
9.
User assumes sole responsibility to determine whether EVMs may be subject to any applicable federal, state, or local laws and
regulatory requirements (including but not limited to U.S. Food and Drug Administration regulations, if applicable) related to its handling
and use of EVMs and, if applicable, compliance in all respects with such laws and regulations.
10. User has sole responsibility to ensure the safety of any activities to be conducted by it and its employees, affiliates, contractors or
designees, with respect to handling and using EVMs. Further, user is responsible to ensure that any interfaces (electronic and/or
mechanical) between EVMs and any human body are designed with suitable isolation and means to safely limit accessible leakage
currents to minimize the risk of electrical shock hazard.
11. User shall employ reasonable safeguards to ensure that user’s use of EVMs will not result in any property damage, injury or death,
even if EVMs should fail to perform as described or expected.
12. User shall be solely responsible for proper disposal and recycling of EVMs consistent with all applicable federal, state, and local
requirements.
Certain Instructions.
User shall operate EVMs within TI’s recommended specifications and environmental considerations per the user’s
guide, accompanying documentation, and any other applicable requirements. Exceeding the specified ratings (including but not limited to
input and output voltage, current, power, and environmental ranges) for EVMs may cause property damage, personal injury or death. If
there are questions concerning these ratings, user should contact a TI field representative prior to connecting interface electronics including
input power and intended loads. Any loads applied outside of the specified output range may result in unintended and/or inaccurate
operation and/or possible permanent damage to the EVM and/or interface electronics. Please consult the applicable EVM user's guide prior
to connecting any load to the EVM output. If there is uncertainty as to the load specification, please contact a TI field representative. During
normal operation, some circuit components may have case temperatures greater than 60°C as long as the input and output are maintained
at a normal ambient operating temperature. These components include but are not limited to linear regulators, switching transistors, pass
transistors, and current sense resistors which can be identified using EVMs’ schematics located in the applicable EVM user's guide. When
placing measurement probes near EVMs during normal operation, please be aware that EVMs may become very warm. As with all
electronic evaluation tools, only qualified personnel knowledgeable in electronic measurement and diagnostics normally found in
development environments should use EVMs.
Agreement to Defend, Indemnify and Hold Harmless.
User agrees to defend, indemnify, and hold TI, its directors, officers, employees,
agents, representatives, affiliates, 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 and/or use of EVMs. User’s
indemnity shall apply whether Claims arise under law of tort or contract or any other legal theory, and even if EVMs fail to perform as
described or expected.
Safety-Critical or Life-Critical Applications.
If user intends to use EVMs in evaluations of safety critical applications (such as life support),
and a failure of a TI product considered for purchase by user for use in user’s product would reasonably be expected to cause severe
personal injury or death such as devices which are classified as FDA Class III or similar classification, then user must specifically notify TI
of such intent and enter into a separate Assurance and Indemnity Agreement.
