STANDARD TERMS FOR EVALUATION MODULES

These terms apply to the tinyCLUNX33 Developer Kit, Dual MIPI Input Adapter, MIPI I/O Adapter, pico2-ice, UPduino, and any other hardware sold by tinyVision.ai and designated as an evaluation module or development kit (each an “EVM”).

1. Delivery

tinyVision.ai delivers evaluation boards, kits, or modules, including any accompanying demonstration software, components, and/or documentation which may be provided together or separately (collectively, an “EVM” or “EVMs”) to the User (“User”) in accordance with the terms set forth herein. User’s acceptance of the EVM is expressly subject to the following terms.

1.1   EVMs are intended solely for product or software developers for use in a research and development setting to facilitate feasibility evaluation, experimentation, or scientific analysis of tinyVision.ai hardware products. EVMs have no direct function and are not finished products. EVMs shall not be directly or indirectly assembled as a part or subassembly in any finished product. For clarification, any software or software tools provided with the EVM (“Software”) shall not be subject to the terms and conditions set forth herein but rather shall be subject to the applicable terms that accompany such Software.

1.2   EVMs are not intended for consumer or household use. EVMs may not be sold, sublicensed, leased, rented, loaned, assigned, or otherwise distributed for commercial purposes by Users, in whole or in part, or used in any finished product or production system.

2. Limited Warranty and Related Remedies/Disclaimers

2.1   These terms do not apply to Software. The warranty, if any, for Software is covered in the applicable Software License Agreement.

2.2   tinyVision.ai warrants that the EVM will conform to tinyVision.ai’s published specifications for ninety (90) days after the date tinyVision.ai delivers such EVM to User. Notwithstanding the foregoing, tinyVision.ai shall not be liable for a nonconforming EVM if (a) the nonconformity was caused by neglect, misuse or mistreatment by an entity other than tinyVision.ai, including improper installation or testing, or for any EVMs that have been altered or modified in any way by an entity other than tinyVision.ai, (b) the nonconformity resulted from User’s design, specifications or instructions for such EVMs or improper system design, or (c) User has not paid on time. Testing and other quality control techniques are used to the extent tinyVision.ai deems necessary. tinyVision.ai does not test all parameters of each EVM.

User’s claims against tinyVision.ai under this Section 2 are void if User fails to notify tinyVision.ai of any apparent defects in the EVMs within ten (10) business days after delivery, or of any hidden defects within ten (10) business days after the defect has been detected.

2.3   tinyVision.ai’s sole liability shall be at its option to repair or replace EVMs that fail to conform to the warranty set forth above, or credit User’s account for such EVM. tinyVision.ai’s liability under this warranty shall be limited to EVMs that are returned during the warranty period to the address designated by tinyVision.ai and that are determined by tinyVision.ai not to conform to such warranty. If tinyVision.ai elects to repair or replace such EVM, tinyVision.ai shall have a reasonable time to repair such EVM or provide replacements. Repaired EVMs shall be warranted for the remainder of the original warranty period. Replaced EVMs shall be warranted for a new full ninety (90) day warranty period.

3. Regulatory Notices

3.1 United States

3.1.1   Notice applicable to EVMs not FCC-Approved:

FCC NOTICE: This kit is designed to allow product developers to evaluate electronic components, circuitry, or software associated with the kit to determine whether to incorporate such items in a finished product and software developers to write software applications for use with the end product. This kit is not a finished product and when assembled may not be resold or otherwise marketed unless all required FCC equipment authorizations are first obtained. Operation is subject to the condition that this product not cause harmful interference to licensed radio stations and that this product accept harmful interference. Unless the assembled kit is designed to operate under part 15, part 18 or part 95 of this chapter, the operator of the kit must operate under the authority of an FCC license holder or must secure an experimental authorization under part 5 of this chapter.

3.2 Canada

3.2.1   For EVMs issued with an Industry Canada Certificate of Conformance to RSS-210 or RSS-247:

This device complies with Industry Canada license-exempt RSSs. Operation is subject to the following two conditions: (1) this device may not cause interference, and (2) this device must accept any interference, including interference that may cause undesired operation of the device.

3.3 Japan

3.3.1   Notice for EVMs delivered in Japan: EVMs entering Japan may not be certified by tinyVision.ai as conforming to Technical Regulations of Radio Law of Japan. If User uses EVMs in Japan not certified to Technical Regulations of Radio Law of Japan, User is required to follow the instructions set forth by Radio Law of Japan, which includes but is not limited to: (1) use EVMs in a shielded room or applicable test facility as defined by Ministry of Internal Affairs and Communications; (2) use EVMs only after User obtains the license of Test Radio Station as provided in Radio Law of Japan; or (3) use EVMs only after User obtains the Technical Regulations Conformity Certification as provided in Radio Law of Japan. Do not transfer EVMs unless User gives the same notice to the transferee.

3.4 European Union

3.4.1   For EVMs subject to EU Directive 2014/30/EU (Electromagnetic Compatibility Directive): This is a class A product intended for use in environments other than domestic environments that are connected to a low-voltage power-supply network that supplies buildings used for domestic purposes. In a domestic environment this product may cause radio interference in which case the user may be required to take adequate measures.

4. EVM Use Restrictions and Warnings

4.1   EVMS ARE NOT FOR USE IN FUNCTIONAL SAFETY AND/OR SAFETY CRITICAL EVALUATIONS, INCLUDING BUT NOT LIMITED TO EVALUATIONS OF LIFE SUPPORT APPLICATIONS.

4.2   User must read and apply the user guide and other available documentation provided by tinyVision.ai regarding the EVM prior to handling or using the EVM, including without limitation any warning or restriction notices. The notices contain important safety information related to, for example, temperatures and voltages.

4.3   Safety-Related Warnings and Restrictions:

4.3.1   User shall operate the EVM within tinyVision.ai’s recommended specifications and environmental considerations stated in the user guide, other available documentation provided by tinyVision.ai, and any other applicable requirements and employ reasonable and customary safeguards. Exceeding the specified performance ratings and specifications (including but not limited to input and output voltage, current, power, and environmental ranges) for the EVM may cause personal injury or death, or property damage. If there are questions concerning performance ratings and specifications, User should contact tinyVision.ai prior to connecting interface electronics including input power and intended loads. Any loads applied outside of the specified output range may also result in unintended and/or inaccurate operation and/or possible permanent damage to the EVM and/or interface electronics. Please consult the EVM user guide prior to connecting any load to the EVM output. If there is uncertainty as to the load specification, please contact tinyVision.ai at sales@tinyvision.ai.

During normal operation, even with the inputs and outputs kept within the specified allowable ranges, some circuit components may have elevated case temperatures. These components include but are not limited to linear regulators, switching transistors, pass transistors, current sense resistors, and heat sinks, which can be identified using the information in the associated documentation. When working with the EVM, please be aware that the EVM may become very warm.

4.3.2   EVMs are intended solely for use by technically qualified, professional electronics experts who are familiar with the dangers and application risks associated with handling electrical mechanical components, systems, and subsystems. User assumes all responsibility and liability for proper and safe handling and use of the EVM by User or its employees, affiliates, contractors or designees. User assumes all responsibility and liability to ensure that any interfaces (electronic and/or mechanical) between the EVM and any human body are designed with suitable isolation and means to safely limit accessible leakage currents to minimize the risk of electrical shock hazard. User assumes all responsibility and liability for any improper or unsafe handling or use of the EVM by User or its employees, affiliates, contractors or designees.

4.4   User assumes all responsibility and liability to determine whether the EVM is subject to any applicable international, federal, state, or local laws and regulations related to User’s handling and use of the EVM and, if applicable, User assumes all responsibility and liability for compliance in all respects with such laws and regulations. User assumes all responsibility and liability for proper disposal and recycling of the EVM consistent with all applicable international, federal, state, and local requirements.

5. Accuracy of Information

To the extent tinyVision.ai provides information on the availability and function of EVMs, tinyVision.ai attempts to be as accurate as possible. However, tinyVision.ai does not warrant the accuracy of EVM descriptions, EVM availability or other information on its websites as accurate, complete, reliable, current, or error-free.

6. Disclaimers

6.1   EXCEPT AS SET FORTH ABOVE, EVMS AND ANY MATERIALS PROVIDED WITH THE EVM (INCLUDING, BUT NOT LIMITED TO, REFERENCE DESIGNS AND THE DESIGN OF THE EVM ITSELF) ARE PROVIDED “AS IS” AND “WITH ALL FAULTS.” tinyVision.ai DISCLAIMS ALL OTHER WARRANTIES, EXPRESS OR IMPLIED, REGARDING SUCH ITEMS, INCLUDING BUT NOT LIMITED TO ANY EPIDEMIC FAILURE WARRANTY OR IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT OF ANY THIRD PARTY PATENTS, COPYRIGHTS, TRADE SECRETS OR OTHER INTELLECTUAL PROPERTY RIGHTS.

6.2   EXCEPT FOR THE LIMITED RIGHT TO USE THE EVM SET FORTH HEREIN, NOTHING IN THESE TERMS SHALL BE CONSTRUED AS GRANTING OR CONFERRING ANY RIGHTS BY LICENSE, PATENT, OR ANY OTHER INDUSTRIAL OR INTELLECTUAL PROPERTY RIGHT OF tinyVision.ai, ITS SUPPLIERS/LICENSORS OR ANY OTHER THIRD PARTY, TO USE THE EVM IN ANY FINISHED END-USER OR READY-TO-USE FINAL PRODUCT, OR FOR ANY INVENTION, DISCOVERY OR IMPROVEMENT, REGARDLESS OF WHEN MADE, CONCEIVED OR ACQUIRED.

7. User’s Indemnity Obligations and Representations

USER WILL DEFEND, INDEMNIFY AND HOLD tinyVision.ai, ITS LICENSORS AND THEIR REPRESENTATIVES HARMLESS FROM AND AGAINST ANY AND ALL CLAIMS, DAMAGES, LOSSES, EXPENSES, COSTS AND LIABILITIES (COLLECTIVELY, “CLAIMS”) ARISING OUT OF OR IN CONNECTION WITH ANY HANDLING OR USE OF THE EVM THAT IS NOT IN ACCORDANCE WITH THESE TERMS. THIS OBLIGATION SHALL APPLY WHETHER CLAIMS ARISE UNDER STATUTE, REGULATION, OR THE LAW OF TORT, CONTRACT OR ANY OTHER LEGAL THEORY, AND EVEN IF THE EVM FAILS TO PERFORM AS DESCRIBED OR EXPECTED.

8. Limitations on Damages and Liability

8.1   General Limitations. IN NO EVENT SHALL tinyVision.ai BE LIABLE FOR ANY SPECIAL, COLLATERAL, INDIRECT, PUNITIVE, INCIDENTAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES IN CONNECTION WITH OR ARISING OUT OF THESE TERMS OR THE USE OF THE EVMS, REGARDLESS OF WHETHER tinyVision.ai HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. EXCLUDED DAMAGES INCLUDE, BUT ARE NOT LIMITED TO, COST OF REMOVAL OR REINSTALLATION, ANCILLARY COSTS TO THE PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES, RETESTING, OUTSIDE COMPUTER TIME, LABOR COSTS, LOSS OF GOODWILL, LOSS OF PROFITS, LOSS OF SAVINGS, LOSS OF USE, LOSS OF DATA, OR BUSINESS INTERRUPTION. NO CLAIM, SUIT OR ACTION SHALL BE BROUGHT AGAINST tinyVision.ai MORE THAN TWELVE (12) MONTHS AFTER THE EVENT THAT GAVE RISE TO THE CAUSE OF ACTION HAS OCCURRED.

8.2   Specific Limitations. IN NO EVENT SHALL tinyVision.ai’S AGGREGATE LIABILITY FROM ANY USE OF AN EVM PROVIDED HEREUNDER, INCLUDING FROM ANY WARRANTY, INDEMNITY OR OTHER OBLIGATION ARISING OUT OF OR IN CONNECTION WITH THESE TERMS, EXCEED THE TOTAL AMOUNT PAID TO tinyVision.ai BY USER FOR THE PARTICULAR EVM(S) AT ISSUE DURING THE PRIOR TWELVE (12) MONTHS WITH RESPECT TO WHICH LOSSES OR DAMAGES ARE CLAIMED. THE EXISTENCE OF MORE THAN ONE CLAIM SHALL NOT ENLARGE OR EXTEND THIS LIMIT.

9. Return Policy

Except as otherwise provided, tinyVision.ai does not offer any refunds, returns, or exchanges. Furthermore, no return of EVM(s) will be accepted if the package has been opened and no return of the EVM(s) will be accepted if they are damaged or otherwise not in a resalable condition. If User feels it has been incorrectly charged for the EVM(s) it ordered or that delivery violates the applicable order, User should contact tinyVision.ai at sales@tinyvision.ai. All refunds will be made in full within thirty (30) working days from the return of the component(s), excluding any postage or packaging costs.

10. Governing Law

These terms and conditions shall be governed by and interpreted in accordance with the laws of the State of California, without reference to conflict-of-laws principles. User agrees that non-exclusive jurisdiction for any dispute arising out of or relating to these terms and conditions lies within courts located in the State of California and consents to venue in San Diego County, California. Notwithstanding the foregoing, any judgment may be enforced in any United States or foreign court, and tinyVision.ai may seek injunctive relief in any United States or foreign court.

Adapted from Texas Instruments Standard Terms for Evaluation Modules. © 2024 tinyVision.ai, Inc. All rights reserved.