Reference Designs Disclaimer

Important NOTICE for ANALOG DEVICES Design Information and Resources

Analog Devices, Inc. (“ADI”) technical, application or other design advice, services or information, including, but not limited to, test results, datasheets, reference designs, evaluation kits (EV Kits), software and materials relating to evaluation modules, (collectively, “ADI Resources”) are intended to assist designers who are developing applications that incorporate ADI products; by downloading, accessing or using any particular ADI Resource in any way, you (individually or, if you are acting on behalf of a company, your company) agree to use it solely for this purpose and subject to the terms of this NOTICE.

ADI’s provision of ADI Resources does not expand or otherwise alter ADI’s applicable published warranties or warranty disclaimers for ADI products, and no additional obligations, indemnifications, or liabilities arise from ADI providing such ADI Resources. ADI reserves the right, without notice, to make corrections, enhancements, improvements, and other changes to its ADI Resources.

If a specific ADI Resource includes terms that conflict with another ADI Resource, then the terms of the specific ADI Resource shall apply.

You understand and agree that you remain responsible for using your independent analysis, evaluation and judgment in designing your applications and that you have full and exclusive responsibility to assure the safety of your applications and compliance of your applications (and of all ADI products used in or for your applications) with all applicable regulations, laws and other applicable requirements. You further understand that you are solely responsible for obtaining any licenses to third-party intellectual property rights that may be necessary for your applications or the use of ADI Resources with respect thereto. You represent that, with respect to your applications, you have all the necessary expertise to create and implement safeguards that (1) anticipate dangerous consequences of failures, (2) monitor failures and their consequences, and (3) lessen the likelihood of failures that might cause personal injury, loss of life, severe property or environmental damage, and take appropriate actions. You agree that prior to using or distributing any applications that include ADI products, you will thoroughly test such applications and the functionality of such ADI products as used in such applications. ADI has not conducted any testing other than that specifically described in the published documentation for a particular ADI Resource. This ADI Resource is not designed, intended or authorized for use in life support, life sustaining, nuclear, or other applications, including, but not limited to, transportation, operating systems, safety, or any FDA Class 3 medical devices or medical devices with a similar or equivalent classification in a foreign jurisdiction, in which the failure of such could reasonably be expected to result in personal injury, loss of life or severe property or environmental damage. You agree that ADI is not liable, in whole or in part, for any claim or damage arising from use in such applications. You agree to indemnify, defend and hold harmless ADI and its subsidiaries from and against any and all claims, damages losses, costs, expenses and liabilities arising out of or in connection with such use.

You are authorized to use, copy, and modify any individual ADI Resource only in connection with the development of applications that include the ADI product(s) identified in such ADI Resource. NO OTHER LICENSE, EXPRESS OR IMPLIED, BY ESTOPPEL OR OTHERWISE TO ANY OTHER ADI INTELLECTUAL PROPERTY RIGHT, AND NO LICENSE TO ANY TECHNOLOGY OR INTELLECTUAL PROPERTY RIGHT OF ADI OR ANY THIRD-PARTY IS GRANTED HEREIN, including but not limited to any patent right, copyright, mask work right, or other intellectual property right relating to any combination, machine, or process in which ADI products or services are used. Information regarding or referencing third-party products or services does not constitute a license to use such products or services, or a warranty or endorsement thereof. Use of ADI Resources may require a license from a third-party under the patents or other intellectual property of the third-party, or a license from ADI under the patents or other intellectual property of ADI.

ADI RESOURCES ARE PROVIDED “AS IS” AND WITH ALL FAULTS. ADI DISCLAIMS ALL OTHER WARRANTIES OR REPRESENTATIONS, EXPRESS OR IMPLIED, REGARDING ADI RESOURCES OR USE THEREOF, INCLUDING BUT NOT LIMITED TO ACCURACY OR COMPLETENESS, TITLE, ANY EPIDEMIC FAILURE WARRANTY AND ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT OF ANY THIRD-PARTY INTELLECTUAL PROPERTY RIGHTS.

ADI SHALL NOT BE LIABLE FOR AND SHALL NOT DEFEND OR INDEMNIFY YOU AGAINST ANY CLAIM, INCLUDING BUT NOT LIMITED TO ANY INTELLECTUAL PROPERTY INFRINGEMENT CLAIM THAT RELATES TO OR IS BASED ON ANY COMBINATION OF PRODUCTS EVEN IF DESCRIBED IN ADI RESOURCES OR OTHERWISE. IN NO EVENT SHALL ADI BE LIABLE FOR ANY ACTUAL, DIRECT, SPECIAL, COLLATERAL, INDIRECT, PUNITIVE, INCIDENTAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES IN CONNECTION WITH OR ARISING OUT OF ADI RESOURCES OR USE THEREOF, AND REGARDLESS OF WHETHER ADI HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

You agree to fully indemnify ADI, its subsidiaries and its representatives against any damages, costs, losses, and/or liabilities arising out of your noncompliance with the terms and provisions of this NOTICE.