Texas Instruments SimpleLink CC3100MOD User Manual page 22

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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.
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STANDARD TERMS FOR EVALUATION MODULES (continued)
Copyright © 2014–2018, Texas Instruments Incorporated
SWRU396B – December 2014 – Revised May 2018
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