Evaluation board User Agreement

 

1. Delivery

Our firm (Marutsuelec co., ltd.) will provide our clients with the Marutsuelec evaluation board, kit, demonstration software for the module, parts, and documents (referred to collectively as “EVM” below), subject to the following conditions.

1.1.

EVM is intended only as a tool for product and software developers to use to perform evaluation, experimentation, and scientific analysis on IC’s and semiconductors in inspection and development environments. The Marutsuelec evaluation board is not intended for direct or indirect use with finished products. Further, this standard agreement does not apply to the software and software tool provided along with EVM; the stipulations of the agreement accompanying a given software or software tool shall apply. 

 

1.2.

EVM is not a consumer product and is not intended for home use. Clients may not sell, sublicense, rent, transfer, or otherwise distribute for commercial purposes any or all of EVM, and may not use EVM in a final product or production system.  

 

2. Evaluation board Use Restrictions and Warnings 

 

2.1.

EVM is not intended for evaluation of systems whose utility requires safety as a functional aspect, or whose purpose is concerned with human life, including life support systems.

 

2.2.

Prior to handling or using EVM, the client must read all documents made available by our firm regarding EVM, including the User Guide, and notices concerning warnings and use restrictions. These notifications include important information regarding safety, including temperature and voltage specifications. 

  

2.3. Warnings and Restrictions Concerning Safety

2.3.1

The client agrees to use EVM in adherence to our firm’s recommended specifications, with the environmental aspects described in the User Guide, and within the scope of limitations prescribed by documents made available by our firm and other applied restrictions. The client must also take all appropriate and customary security measures when using EVM. Use of EVM beyond its indicated functionality and specifications (input/output voltage, electric current, electric power, environment, etc.) may result in risks to human life or property. If electrical load is applied in excess of the indicated output range, it may result in unexpected and/or unreliable behavior, or permanent damage to EVM and/or the interface equipment. Please refer to the User Guide prior to connecting electricity to the EVM output. Even during normal operation (for example, within the I/O tolerance range), a circuit may produce excessive heat. Please bear in mind that EVM may become extremely hot during use.

 

2.3.2.

EVM is only intended for use by professional electrical engineers with technical qualifications that include knowledge of the dangers and application risks related to handling electronic devices, systems, and subsystems. The client bears full responsibility for the safe and proper handling and use of EVM by itself, as well as its employees, affiliates, and contractors. 

  

2.4.

The client bears full responsibility for determining that their handling and use of EVM, or disposal or recycling of EVM following its use, is subject to international, national, and local laws and regulations, and all aspects of compliance to any applicable laws and regulations.  3. Accuracy of Information When 

 

 

3.

Marutsuelec co., ltd. provides information about the availability and functionality of EVM, we will make every effort to ensure that information is as accurate as possible. However, we cannot guarantee that EVM descriptions, availability, and other information on our company website is up-to-date and error-free, and therefore accurate, complete, and reliable.

 

4. Disclaimer

4.1

Excluding the above-mentioned, EVM and all documentation provided along with EVM (including the EVM design itself) shall be considered provided “as-is” and “under full responsibility of the client.” Regardless of any specific implications, our firm makes no guarantees concerning products EVM is applied to, including any implicit marketability, adaptability for advantageous purposes, or non-infringement of a third party’s intellectual property rights including patent rights, copyright, or trade secrets.

 
4.2

xcluding the limited EVM use right prescribed in this agreement, the stipulations of this agreement shall not be construed as intent by the licensee, or by Marutsuelec co., ltd., its suppliers, or another third party, as a license or grant of patents or other industrial or intellectual property rights for the purpose of using EVM in a final product for end users, or as an optional product for a final product, or for the purpose of creating, completing, or obtaining an invention, discovery, or reformation, regardless of the status of EVM delivery.  

 

5.

Assertion of Client Obligation for Restitution The client shall safeguard and exempt Marutsuelec co., ltd. and its licensers and representatives from all charges, damages, losses, expenses, costs, and liabilities (collectively referred to as “claims”) resulting from, or related to handling or use of EVM that is not in accordance with the stipulations of this agreement, and pay for any applicable damages. This obligation shall apply regardless of whether the claims are based on statutory law, regulations, criminal law, contract law, or any other legal principles, even if EVM has failed to demonstrate its function as described or intended.

 

6. Restitution and Limitations of Liability 

6.1. General Limited Liability

Marutsuelec co., ltd. assumes no responsibility under any circumstances, for any extraordinary, ancillary, indirect, punitive, accidental, or consequential damages related to, or arising from this agreement, or arising from use of a product we supply, even if our firm has suggested the possibility of such damages.
 

6.2.

Regardless of the circumstances, any liabilities Marutsuelec co., ltd. is responsible for based on the guarantees, compensation, or any other obligations arising from, or related to this agreement, or use of products provided on the basis of this agreement, shall be limited to the total amount paid to our firm for a specific quantity sold on the basis of this agreement, and that is the target of the claim for losses or damages. 

 

7. Return Policy

Unless otherwise specified, Marutsuelec co., ltd. does not permit refunds, returns, or replacements for the client’s convenience. The client must contact our firm concerning any billing errors regarding the EVM ordered, or if they believe the EVM was not delivered as ordered. All refunds from our firm, excluding return shipping fees and packing expenses, will be repaid in full within 30 business days from the day we receive the EVM. However, we will only provide a refund if we are contacted within 30 days, including the product shipping date from the vendor, and are able to verify a receipt or delivery notice, as well as a photo of the product. 

 

8. Limited Compensation and Related Relief and Exemptions 

8.1.

The articles of this agreement do not apply to software. Although there are some guarantees regarding software, those guarantees are based on the applicable software license agreement. 

8.2.

Marutsuelec co., ltd.’s only guarantees with regard to EVM are that we will deliver it to the client within 30 days, and that it conforms to the specifications we have officially provided. We assume no responsibility for any matters not specifically prescribed herein.

8.3.

If the EVM does not adhere to the above-mentioned guarantee, Marutsuelec co., ltd.’s only responsibility shall be to repair the EVM in question, replace it with a superior EVM, or provide a refund, at our sole discretion. (As a general rule, we will respond by replacing it.) Our firm's responsibility under this guarantee shall only take effect if the product has been returned to an address we have specified within the guarantee period, and we have determined that the product is in violation of the applicable guarantee. If our firm has elected to repair the EVM or replace it with a superior EVM, we will take an appropriate period of time to replace or replace the EVM. A repaired EVM shall remain under guarantee for the period of time remaining in the initial guarantee period. A replacement EVM will be under guarantee for a new 30 day period.


8.4.

If a client requests analysis through a vendor for initial failure, we will conduct an analysis of the product. The vendor will notify the client of how many days our analysis will take to conduct. The vendor will also deliver the report of our analysis to the client. However, if the results of our analysis cannot determine initial failure, the client will be billed for return shipping fees and analysis expenses. 

 

 

9. Applicable Laws

This agreement shall be interpreted based on Japanese law, regardless of the principle of conflict of laws in Japanese law. The client agrees that all disputes arising from, or related to the conditions of this agreement, will defer to Japan’s non-exclusive jurisdiction by agreement, and that Tokyo will be the venue. Regardless of the above-mentioned, Marutsuelec co., ltd. reserves the right to seek provisional relief in Japan or any other court of law from the potential enforcement of any judicial decision made in a court in Japan, or outside of Japan.