SPACER

6.

Disclaimers:

6.1 EXCEPT AS SET FORTH ABOVE, EVMS AND ANY WRITTEN DESIGN MATERIALS PROVIDED WITH THE EVM (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 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 AND

CONDITIONS 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 MADE, CONCEIVED OR ACQUIRED PRIOR TO OR AFTER DELIVERY OF

THE EVM.

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 AND CONDITIONS. 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 ANDCONDITIONS OR THE USE OF THE EVMS PROVIDED HEREUNDER, 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 ONE YEAR AFTER THE RELATED CAUSE OF ACTION HAS OCCURRED.

8.2 Specific Limitations. IN NO EVENT SHALL TI'S AGGREGATE LIABILITY FROM ANY WARRANTY OR OTHER OBLIGATION

ARISING OUT OF OR IN CONNECTION WITH THESE TERMS AND CONDITIONS, OR ANY USE OF ANY TI EVM

PROVIDED HEREUNDER, EXCEED THE TOTAL AMOUNT PAID TO TI FOR THE PARTICULAR UNITS SOLD UNDER

THESE TERMS AND CONDITIONS WITH RESPECT TO WHICH LOSSES OR DAMAGES ARE CLAIMED. THE EXISTENCE

OF MORE THAN ONE CLAIM AGAINST THE PARTICULAR UNITS SOLD TO USER UNDER THESE TERMS AND

CONDITIONS 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.

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

Copyright © 2015, Texas Instruments Incorporated

spacer