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4 EVM Use Restrictions and Warnings:

4.1 EVMS ARE NOT FOR USE IN FUNCTIONAL SAFETY AND/OR SAFETY CRITICAL EVALUATIONS, INCLUDING BUT NOT

LIMITED TO EVALUATIONS OF LIFE SUPPORT APPLICATIONS.

4.2 User must read and apply the user guide and other available documentation provided by TI regarding the EVM prior to handling

or using the EVM, including without limitation any warning or restriction notices. The notices contain important safety information

related to, for example, temperatures and voltages.

4.3 Safety-Related Warnings and Restrictions:

4.3.1 User shall operate the EVM within TI’s recommended specifications and environmental considerations stated in the user

guide, other available documentation provided by TI, and any other applicable requirements and employ reasonable and

customary safeguards. Exceeding the specified performance ratings and specifications (including but not limited to input

and output voltage, current, power, and environmental ranges) for the EVM may cause personal injury or death, or

property damage. If there are questions concerning performance ratings and specifications, 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 also result in unintended and/or inaccurate operation and/or possible

permanent damage to the EVM and/or interface electronics. Please consult the EVM user 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, even with the inputs and outputs kept within the specified allowable ranges, some circuit

components may have elevated case temperatures. These components include but are not limited to linear regulators,

switching transistors, pass transistors, current sense resistors, and heat sinks, which can be identified using the

information in the associated documentation. When working with the EVM, please be aware that the EVM may become

very warm.

4.3.2 EVMs are intended solely for use by technically qualified, professional electronics experts who are familiar with the

dangers and application risks associated with handling electrical mechanical components, systems, and subsystems.

User assumes all responsibility and liability for proper and safe handling and use of the EVM by User or its employees,

affiliates, contractors or designees. User assumes all responsibility and liability to ensure that any interfaces (electronic

and/or mechanical) between the EVM 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. User assumes all responsibility and

liability for any improper or unsafe handling or use of the EVM by User or its employees, affiliates, contractors or

designees.

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.

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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.

IMPORTANT NOTICE AND DISCLAIMER

TI PROVIDES TECHNICAL AND RELIABILITY DATA (INCLUDING DATA SHEETS), DESIGN RESOURCES (INCLUDING REFERENCE

DESIGNS), APPLICATION OR OTHER DESIGN ADVICE, WEB TOOLS, SAFETY INFORMATION, AND OTHER RESOURCES “AS IS”

AND WITH ALL FAULTS, AND DISCLAIMS ALL WARRANTIES, EXPRESS AND IMPLIED, INCLUDING WITHOUT LIMITATION ANY

IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT OF THIRD

PARTY INTELLECTUAL PROPERTY RIGHTS.

These resources are intended for skilled developers designing with TI products. You are solely responsible for (1) selecting the appropriate

TI products for your application, (2) designing, validating and testing your application, and (3) ensuring your application meets applicable

standards, and any other safety, security, regulatory or other requirements.

These resources are subject to change without notice. TI grants you permission to use these resources only for development of an

application that uses the TI products described in the resource. Other reproduction and display of these resources is prohibited. No license

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TI objects to and rejects any additional or different terms you may have proposed. IMPORTANT NOTICE

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