Efficient Power Conversion Corporation (“EPC”) GaN POWER BENCH attempts to recreate the performance of substantially equivalent physical implementations of circuit designs and is solely intended to assist designers (“Designer(s)”) who are developing systems that incorporate EPC products. EPC’s GaN POWER BENCH uses EPC’s published product specifications, as well as the published product specifications of other manufacturers. While EPC does update this information periodically, it may not be current at the time the simulation is built.
EPCs provision of GaN POWER BENCH designs and any other technical, applications or design advice, simulations, quality characterization, reliability data or other information or services does not expand or otherwise alter EPC’s applicable published warranties or warranty disclaimers for EPC products, and no additional obligations or liabilities arise from EPC providing such EPC GaN POWER BENCH designs or other items.
EPC reserves the right to make corrections, enhancements, improvements and other changes to EPC’s GaN POWER BENCH and other items.
Designer understands and agrees that Designer remains responsible for using its independent analysis, evaluation and judgment in designing Designer’s systems and products, and has full and exclusive responsibility to assure the safety of its products and compliance of its products (and of all EPC products used in or for such Designer’s products) with all applicable regulations, laws and other applicable requirements.
EPC GaN POWER BENCH DESIGNS AND OTHER ITEMS DESCRIBED ABOVE ARE PROVIDED “AS IS” AND WITH ALL FAULTS. EPC DISCLAIMS ALL OTHER WARRANTIES OR REPRESENTATIONS, EXPRESS OR IMPLIED, REGARDING THE EPC GaN POWER BENCH DESIGNS OR USE OF THE EPC GaN POWER BENCH DESIGNS, 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.
EPC SHALL NOT BE LIABLE FOR AND SHALL NOT DEFEND OR INDEMNIFY DESIGNERS AGAINST ANY CLAIM, INCLUDING BUT NOT LIMITED TO ANY INFRINGEMENT CLAIM THAT RELATES TO OR IS BASED ON ANY COMBINATION OF PRODUCTS AS DESCRIBED IN A EPC GaN POWER BENCH DESIGN OR OTHERWISE. IN NO EVENT SHALL EPC BE LIABLE FOR ANY ACTUAL, DIRECT, SPECIAL, COLLATERAL, INDIRECT, PUNITIVE, INCIDENTAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES IN CONNECTION WITH OR ARISING OUT OF THE EPC GaN POWER BENCH DESIGNS OR USE OF THE EPC GaN POWER BENCH DESIGNS, AND REGARDLESS OF WHETHER EPC HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
Use of EPC’s GaN POWER BENCH tools is subject to EPC’s Privacy Statement. Designer acknowledges and agrees that the design data Designer inputs into the GaN POWER BENCH tools to create a GaN POWER BENCH design is not Designer’s proprietary or confidential information
Designer will fully indemnify EPC and its representatives against any damages, costs, losses, and/or liabilities arising out of Designer’s non-compliance with the terms and provisions of this Notice.
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