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To the maximum extent permitted by applicable law, Fujitsu Microelectronics Europe GmbH restricts its
warranties and its liability for all products delivered as development tools (e.g. software, header files,
application examples, target boards, evaluation boards, engineering samples of IC's etc.), 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. In addition, to the maximum
extent permitted by applicable law, Fujitsu Microelectronics Europe GmbH disclaims all warranties and
liabilities for the performance of the Product and any consequential damages in cases of unauthorised
decompiling and/or reverse engineering and/or disassembling. Note, all these products are intended and
must only be used in an evaluation laboratory environment.
1.
Fujitsu Microelectronics Europe GmbH warrants that the Product will perform substantially in
accordance with the accompanying written materials for a period of 90 days form the date of
receipt by the customer. Concerning the hardware components of the Product, Fujitsu
Microelectronics Europe GmbH 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 Europe GmbH entire liability and
the customer's exclusive remedy shall be, at Fujitsu Microelectronics Europe GmbH 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 Europe GmbH 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 Europe GmbH, or abuse or misapplication attributable to the customer or any
other third party not relating to Fujitsu Microelectronics Europe GmbH.
3.
To the maximum extent permitted by applicable law Fujitsu Microelectronics Europe GmbH
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 Europe GmbH 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 Europe GmbH 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.
Warranty and Disclaimer
3
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