TECHNICAL ADVICE, INFORMATION AND/OR SERVICE TO OEM IN CONNECTION
WITH THE PRODUCTS OR LICENSED SOFTWARE FURNISHED HEREUNDER.
2.7
RETURN MATERIAL AUTHORIZATION. ALL OEM PRODUCT(S) RETURNS TO TI MUST
BE ACCOMPANIED BY A PROPERLY COMPLETED RETURN MATERIAL AUTHORIZATION ("RMA")
FORM. IF ANY PRODUCT(S) IS RETURNED TO TI DIFFERENT THAN THOSE ON THE RMA FORM,
TI RESERVES THE RIGHT TO RETURN SUCH PRODUCT(S) AT OEM EXPENSE, OR OTHERWISE
DISPOSE OF IT, WITHOUT CREDIT. TI WILL NOT BE RESPONSIBLE FOR ANY COSTS
ASSOCIATED WITH THE RETURN OF THE PRODUCT(S) IF OEM RETURNS THE PRODUCT(S) BY
MEANS OTHER THAN THOSE INSTRUCTED BY TI.
2.8
EXCLUSIVE REMEDY. IF PRODUCT(S) DOES NOT CONFORM TO THE
WARRANTIES AS
CONTAINED HEREIN, TI'S SOLE AND EXCLUSIVE MAXIMUM LIABILITY WILL BE:
I) FOR
PRODUCT(S),
(AT TI'S OPTION) TO EITHER REPAIR, REPLACE, OR CREDIT OEM'S ACCOUNT
FOR ANY PRODUCT(S) RETURNED BY OEM TO TI DURING THE WARRANTY PERIOD, OR, II) FOR
LICENSED SOFTWARE, TO PROVIDE OEM WITH A NEW COPY OF THE LICENSED SOFTWARE
PROVIDED THAT; (A)
OEM PROMPTLY NOTIFIES TI IN WRITING UPON DISCOVERY BY
OEM THAT SUCH PRODUCT(S) FAILED TO CONFORM TO THE SPECIFICATION WITH AN
EXPLANATION OF ANY ALLEGED NONCONFORMANCE; (B) THE PRODUCT(S) OR LICENSED
SOFTWARE ARE RETURNED TO TI FCA TI'S PLANT FROM WHICH THE PRODUCTS OR LICENSED
SOFTWARE WERE SHIPPED; (C) TI'S EXAMINATION OF THE PRODUCT(S) OR LICENSED
SOFTWARE SHALL DISCLOSE THAT THE ALLEGED DEFICIENCIES ACTUALLY EXIST AND WERE
NOT CAUSED BY ACCIDENT, MISUSE, NEGLECT, ALTERATION (INCLUDING SUBSTITUTION OF
COMPONENTS IN THE COMPONENT SET), IMPROPER INSTALLATION, UNAUTHORIZED REPAIR OR
IMPROPER TESTING.; AND (D) OEM IS IN FULL COMPLIANCE WITH THIS SECTION
IF THE
PRODUCT(S) OR LICENSED SOFTWARE FAIL TO CONFORM TO THE WARRANTY, TI SHALL
REIMBURSE OEM FOR THE TRANSPORTATION CHARGES PAID BY OEM FOR RETURNING THE
PRODUCT(S) OR LICENSED SOFTWARE.
IF TI REPLACES THE PRODUCT(S), IT WILL REPLACE
IT WITH NEW PRODUCT IF THE OEM NOTIFIES TI OF THE NONCONFORMANCE WITHIN
*
OF
THE DATE OF SHIPMENT FROM TI. IF TI ELECTS TO REPAIR OR REPLACE THE PRODUCT(S),
IT SHALL HAVE A REASONABLE TIME TO MAKE THE REPAIR OR REPLACEMENT.
2.9
Evaluation Items. From time-to-time, TI may provide to OEM samples,
pre-production or experimental goods or materials for evaluation purposes. These
items may have been manufactured by someone other than TI. They may be used only
for evaluation purposes and may not be re-sold in any form. Such items are
provided "AS-IS". Use of or reliance on such evaluation items is at OEM's risk.
TI MAKES NO WARRANTIES, EXPRESS OR IMPLIED, BY OPERATION OF LAW OR OTHERWISE,
INCLUDING WITHOUT LIMITATION, WARRANTIES OF TITLE, NONINFRINGEMENT,
MERCHANTABILITY OR FITNESS FOR A SPECIFIC PURPOSE. TI SHALL HAVE NO LIABILITY TO
OEM OR ANYONE ELSE FOR ANY DAMAGES ARISING FROM THE EVALUATION ITEMS OR THE USE
THEREOF.
*
Certain information on this page has been omitted and filed separately with
the Commission. Confidential treatment has been requested with respect to the
omitted portions.
2
III.
INTELLECTUAL PROPERTY AND LICENSES
3.1
Branding, Advertising, Trademarks and Trade Names. TI