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To the maximum extent permitted by applicable law, Fujitsu Microelectronics America Inc San Jose
restricts its warranties and its liability for the Product [F2MC-16 LX-series Evaluation Board Hardware
and Software Tools], its performance and any consequential damages, on the use of the Product in
accordance with (i) the terms of the License Agreement and the Sale and Purchase Agreement under
which agreements the Product has been delivered, (ii) the technical descriptions and (iii) all accompanying
written materials.
This product has been created to work in laboratory environment only. In addition, to the maximum extent
permitted by applicable law, Fujitsu Microelectronics America Inc San Jose disclaims all warranties and
liabilities for the performance of the Product and any consequential damages in cases of unauthorized
decompiling and/or reverse engineering and/or disassembling.
1.
Fujitsu Microelectronics America Inc San Jose warrants that the Product will performsubstantially
in accordance with the accompanying written materials [this manual] for a period of 90 days form
the date of receipt by the customer. Concerning the hardware components of the Product, Fujitsu
Microelectronics America Inc San Jose warrants that the Product will be free from defects in
material and workmanship under use and service as specified in the accompanying written
materials for a duration of 1 year from the date of receipt by the customer.
2.
Should a Product turn out to be defect, Fujitsu Microelectronics America Inc San Jose's entire
liability and the customer's exclusive remedy shall be, at Fujitsu Microelectronics America Inc
San Jose ´s sole discretion, either return of the purchase price and the license fee, or replacement
of the Product or parts thereof, if the Product is returned to Fujitsu Microelectronics America Inc
San Jose in original packing and without further defects resulting from the customer's use or the
transport. However, this warranty is excluded if the defect has resulted from an accident not
attributable to Fujitsu Microelectronics America Inc San Jose, or abuse or misapplication
attributable to the customer or any other third party not relating to Fujitsu Microelectronics
America Inc San Jose.
3.
To the maximum extent permitted by applicable law Fujitsu Microelectronics America Inc San
Jose disclaims all other warranties, whether expressed or implied, in particular, but not limited to,
warranties of merchantability and fitness for a particular purpose for which the Product is not
designated.
4.
To the maximum extent permitted by applicable law, Fujitsu Microelectronics America Inc San
Jose ´s and its suppliers´ liability is restricted to intention and gross negligence.
NO LIABILITY FOR CONSEQUENTIAL DAMAGES
To the maximum extent permitted by applicable law, in no event shall Fujitsu
Microelectronics America Inc San Jose and its suppliers be liable for any damages
whatsoever (including but without limitation, consequential and/or indirect damages for
personal injury, assets of substantial value, loss of profits, interruption of business
operation, loss of information, or any other monetary or pecuniary loss) arising from the
use of the Product.
Should one of the above stipulations be or become invalid and/or unenforceable, the remaining
stipulations shall stay in full effect.
Date: 22.01.99, V1.0
Warranty and Disclaimer
2
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