Warranty and Disclaimer | Fujitsu MB88121 SERIES, MB91460 SERIES

SK-91F467-FLEXRAY V1.1

Warranty and Disclaimer

To the maximum extent permitted by applicable law, Fujitsu Microelectronics Europe GmbH restricts its warranties and its liability for the SK-91F467-FLEXRAY and all its deliverables (eg. software include or 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, the SK-91F467-FLEXRAY board and all its deliverables 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’s entire liability and the customer’s exclusive remedy shall be, at Fujitsu Microelectronics Europe GmbH’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 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’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 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

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FMEMCU-UG-910017-11