Precautions for Use of Product
The product may break down if you do not use it in accordance with the manual, delivery specifications and datasheet (collectively, "Manual"). Please use the product in accordance with the instructions provided in the Manual. If the product breaks down (including if it is not functioning normally) or is damaged, please stop using it immediately and contact our company to have it repaired. Our company does not bear any responsibility with respect to breakdowns or damages caused by using the product in a manner other than described in the Manual.
1-1 Precautions for Use
Our company does not bear any responsibility with respect to any damages or loss caused when the product is used in systems which require a product with higher quality and reliability than normal, and which may threaten the safety of another's life or body, cause large losses to property, or interrupt large-scale systems (such as nuclear plant control systems, transportation operation and control systems (in the case of automobiles, trains, ships and aircrafts) and/or medical systems used for providing life support) when the product is not in perfect condition.
1-2 Precautions for Modifications
Please do not disassemble or modify the product. Our company does not bear any responsibility with respect to breakdowns or damages due to disassembling or modifying the product.
1-3 Precautions for Combining the Product with Other Equipment
Our company does not bear any responsibility with respect to breakdowns or damages, including but not limited to those resulting from a malfunction which arises when the product is used in combination with software or equipment in which our company is not involved.
1-4 Precautions for Use of Information
All applications of the product, including circuit diagrams, software and systems described in the Manual, are only examples of how the product can potentially be used and operated. We do not guarantee that all potential uses or operations of the product can be effected in all equipment and systems. Our company does not bear any responsibility with respect to breakdowns or damages resulting from the use of information described in the Manual.
1-5 Precautions regarding Safety Design
Although our company has been working to enhance product quality, semiconductor products still have a fixed probability of inevitably breaking down. It is essential to implement safety design features, such as redundant design, overcurrent protection, and preventive measures against malfunctions and the spread of fire, in order to prevent the occurrence of injury, death, fire, and social harm in event that the semiconductor products breaks down. Our company bears no responsibility with respect to breakdowns or damages due to insufficient safety design.
Indirect Damages
Our company does not bear any responsibility with respect to indirect damages or loss caused by the use of or inability to use the product (such as incidental and indirect damages or loss, lost earnings from business, and lost business data).
Warranty against Defects
The warranty period is for a period of maximum 1 (one) year after the product delivered. Our company shall repair a defective product if our company is responsible for causing the defect and the defect is discovered within the warranty period. If our company is responsible for causing the defect but the defect cannot be repaired, our company shall either refund the purchase price or exchange the defective product for a new product. Our company will not provide compensation for defects in other ways. However our company will charge you with the costs of investigating the cause of a defect if it is found that you were responsible for causing such defect.
Third Party Intellectual Property Rights
Our company takes necessary precautions in order not to infringe the intellectual property rights of third parties. If you receive a warning or lawsuit alleging that you are infringing a third party's intellectual property rights, please promptly inform us in writing, cooperate with our actions, and follow our directions to settle the dispute. Our company shall compensate you for damages charged against you in accordance with any settlement or final and binding judgment, although such compensation will be limited to the sales price of the product. However compensation will only be paid if you used the product in accordance with the instructions provided in the Manuals. Our company does not bear any responsibility with respect to damages, including but not limited to damages the causes of which are not attributable to us, damages caused by special circumstances regardless of whether we could foresee them, indirect damages, derivative damages, lost earnings, intangible damages such as loss of data, and legal fees.
Compliance with Applicable Laws regarding Exports
Please do not use the product, or related information, technologies and materials, or goods and services made from the product, or related information, technologies (collectively, "Products") for the following purposes.
Exporting the Products from Japan (including taking the Productｓ out of Japan, indirectly exporting the Products through trading agencies, and disclosing the Products to non-residents in Japan) to a person who intends or is likely to intend to use the Products for developing, manufacturing, using or storing (collectively, "Development") nuclear weapons, biological weapons, chemical weapons or missiles (collectively, "Weapons of Mass Destruction" or "WMD") or other military purposes.
Using the Products yourself for the purpose of Developing WMD or for other military purposes, or providing the Products to a person who have such purposes outside of Japan.
However, this shall not apply to institutions which have been given approval in accordance with Japanese laws and regulations regarding the use or exportation of the Products. If you export the Products, please comply with the procedures under the Foreign Exchange and Foreign Trade Act in Japan, applicable ordinances thereunder, and the laws and regulations of foreign countries, including but not limited to the Export Administration Regulations of United States of America. Our company does not bear any responsibility with respect to exports of the Products by you. If you intend to export the Products, please contact us to determine whether the product is subject to any regulations.
Maintenance
Our company will accept a request for maintenance of our products for a fee*. The period for accepting the request of maintenance shall be one year (the "Maintenance Period") from the date stipulated on the delivery note or invoice of the product which was delivered to you most recently among those which have the same part number as the product to be requested of maintenance. However, please be advised that our company might be unable to continue to provide maintenance even during the Maintenance Period due to reasons of natural disasters or other force majeure events (including but not limited to, typhoon, thunderbolt, earthquake, tsunami, flood, war (with or without a declaration of war), rebellion, riot, plague, lockout, acts of government or governmental agency, compliance with law, regulations or orders (including export regulations), instructions or demands of our business partners or parent company, significant delays or suspensions in customs clearance or logistics or discontinuance of parts procurement due to such delay or suspensions, and any and all other reasons that cannot be attributable to either you or our company). * The terms and conditions of maintenance such as maintenance fees shall be determined by our company separately. In case of conflict between such terms and conditions of maintenance and any provision of this Exemption Clauses, the terms and conditions of maintenance shall prevail.
Copyrights
Copyrights regarding the software or Manual, including but not limited to those which are incidental to the product, shall vest in our company, NTT Innovative Devices. These works are protected by the Copyright Act. The reproduction, replication or publication of the works, in whole or in part, and by any means, are strictly prohibited except when our consent is provided. Our company may change the software and/or Manual that are incidental to the product without providing prior notice.
Other Matters
When the provisions stipulated in this Exemption Clauses are discrepant from the agreements between you and our company, the provisions stipulated in this Exemption Clauses shall prevail. However if you and our company have made the contracts by an instrument in writing signed by your and our company's duly authorized representatives, the provisions in the contracts between you and our company shall prevail.