Warranty and Disclaimer
© Spansion Inc. - 3 - MCU-UG-9B0002-11
Warranty and Disclaimer
The use of the deliverables (deliverables shall include, but not limited to, software,
application examples, hardware, target boards, evaluation boards, starter kits,
schematics, engineering samples of IC’s etc.) is subject to the terms and conditions
of Spansion LLC and its affiliates (“SPANSION”) as set out below and in (i) the terms
and conditions of the License Agreement and/or the Sale and Purchase Agreement
and/or any other agreement under which deliverables have been delivered, (ii) the
technical descriptions and (iii) all accompanying written materials.
1. Please note that the deliverables are intended for and must only be used for test
applications in an evaluation laboratory environment.
2. The software deliverables are provided on an as-is basis without charge and are
subject to alterations. It is the user’s obligation to fully test the software in its
environment and to ensure proper functionality, qualification and compliance with
component specifications.
3. Regarding hardware deliverables, the following limited warranty shall apply:
Except as otherwise provided in the following paragraphs, for a period of one (1)
year from date of shipment to customer (“Warranty Period”), SPANSION warrants
the hardware deliverables (i) are free of defects in material and workmanship,
and (ii) conform to SPANSION applicable data sheet specifications (available at
www.spansion.com or upon request).
This warranty does not extend beyond the first purchaser of the deliverables. The
liability of SPANSION under this warranty is limited, at SPANSION’s option,
solely to repair the deliverable, to send replacement deliverable, or to make an
appropriate credit adjustment or refund in an amount not to exceed the original
purchase price actually paid for the deliverable returned to SPANSION.
SPANSION’S warranty obligations are conditioned upon the following: (a)
SPANSION is promptly notified in writing by customer during the applicable
warranty period of any defect or nonconformance in the deliverable, (b) customer
obtains authorization from SPANSION to return the defective deliverable, (c) the
defective deliverable is returned to SPANSION in accordance with SPANSION’S
shipping instructions set forth below, and (d) SPANSION’S examination of such
deliverable discloses to its satisfaction that any defect or nonconformance
actually existed and was not caused by improper use or operation outside of the
data sheet specifications for the deliverable, abuse, negligence, improper
installation, accident, loss or damage in transit, or unauthorized repair or
alteration by a person other than SPANSION. Customer shall ship such defective
deliverable to SPANSION via SPANSION’S carrier, collect. Risk of loss will
transfer to SPANSION when the defective deliverable is provided to
SPANSION’S carrier. If customer fails to adhere to these warranty returns
guidelines, customer shall assume all risk of loss and shall pay for all freight to
SPANSION’S specified location. This warranty shall not apply to any deliverables
that have been repaired or altered, except those which have been repaired or
altered by SPANSION. The aforementioned provisions do not extend the original
