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Tibbo Technology ("TIBBO") is a Taiwan corporation that designs and/or manufactures a number of hardware products, software products, and applications ("PRODUCTS"). In many cases, Tibbo PRODUCTS are combined with each other and/or third-party products thus creating a PRODUCT COMBINATION.
Whereas you (your Company) wish to purchase any PRODUCT from TIBBO, and/or whereas you (your Company) wish to make use of any documentation or technical information published by TIBBO, and/or make use of any source code published by TIBBO, and/or consult TIBBO and receive technical support from TIBBO or any of its employees acting in an official or unofficial capacity,
1.Tibbo does not have any branch office, affiliated company, or any other form of presence in any other jurisdiction. TIBBO customers, partners and distributors in Taiwan and other countries are independent commercial entities and TIBBO does not indemnify such customers, partners or distributors in any legal proceedings related to, nor accepts any liability for damages resulting from the creation, manufacture, importation, advertisement, resale, or use of any of its PRODUCT or PRODUCT COMBINATION.
2.BASIC/C-programmable devices ("PROGRAMMABLE DEVICES") manufactured by TIBBO can run a variety of applications written in Tibbo BASIC, Tibbo C, or a combination of the two ("BASIC APPLICATIONS"). Combining a particular PROGRAMMABLE DEVICE with a specific BASIC and/or C APPLICATION, either written by TIBBO or any third party, may potentially create a combinatorial end product ("END PRODUCT") that violates local rules, regulations, and/or infringes an existing patent granted in a country where such combination has occurred or where the resulting END PRODUCT is manufactured, exported, advertised, or sold. TIBBO is not capable of monitoring any activities by its customers, partners or distributors aimed at creating any END PRODUCT, does not provide advice on potential legal issues arising from creating such END PRODUCT, nor explicitly recommends the use of any of its PROGRAMMABLE DEVICES in combination with any BASIC APPLICATION, either written by TIBBO or any third party.
3.TIBBO publishes a number of BASIC and/or C APPLICATIONS and segments thereof ("CODE SNIPPETS"). Such APPLICATIONS and CODE SNIPPETS are provided "as is" without warranty of any kind, either expressed or implied, including, but not limited to, the implied warranties of merchantability and fitness for a particular purpose. The entire risk as to the quality and performance of said APPLICATIONS and CODE SNIPPETS resides with you. The APPLICATIONS and CODE SNIPPETS may be used only as a part of a commercial device based on TIBBO hardware. Modified code does not have to be released into the public domain, and does not have to carry a credit to TIBBO. APPLICATIONS and CODE SNIPPETS are provided solely as coding aids and should not be construed as any indication of the predominant, representative, legal, or best mode of use for any PROGRAMMABLE DEVICE.
4.BASIC/C-programmable modules ("PROGRAMMABLE MODULES"), such as the EM1000 device, are shipped from TIBBO in either a blank state (without any APPLICATION loaded), or with a simple test APPLICATION aimed at verifying correct operation of a PROGRAMMABLE MODULE's hardware. All other BASIC/C-programmable products including boards, external controllers, and developments systems ("NON-MODULE PRODUCTS"), such as the DS1000 and NB1000, are normally shipped with an APPLICATION preloaded. This is done solely for the convenience of testing by the customer and the nature and function of the preloaded APPLICATION shall not be construed as any indication of the predominant, representative, or best mode of use for any such NON-MODULE PRODUCT.
5.All specifications, technical information, and any other data published by TIBBO are subject to change without prior notice. TIBBO assumes no responsibility for any errors or omissions in the information TIBBO publishes, and does not make any commitment to update any published information. TIBBO further assumes no responsibility for any failures to inform its customers about potential limitations or pitfalls of using TIBBO PRODUCTS. As a condition of using TIBBO PRODUCTS you agree to accept full responsibility for the decisions you make regarding the use and the mode of use of TIBBO PRODUCTS. You further agree that it is not the responsibility of TIBBO to relate to you or teach you the knowledge that is considered to belong to the accepted body of knowledge for the electronic engineering and information technology professions.
6.Any technical advice provided by TIBBO or its personnel is offered on a purely technical basis, does not take into account any potential legal issues arising from the use of such advice, and should not be construed as a suggestion or indication of the possible, predominant, representative, or best mode of use for any Tibbo PRODUCT.
7.Any advance product or business information posted as news or updates of any kind (including Tibbo Blog posts, Tibbo Newsflashes, site news, forum posts and any other timely information posted by Tibbo personnel) shall not be construed as obligatory to TIBBO in any way, shape or form. TIBBO may change or delay any of its plans and product roadmaps without prior notice, and shall not be held liable for such changes.
8.Neither TIBBO nor its employees shall be held responsible for any damages resulting from the creation, manufacture, or use of any third-party product or system, even if this product or system was inspired, fully or in part, by the advice provided by Tibbo staff (in an official capacity or otherwise) or content published by TIBBO or any other third party.
9.TIBBO may make non-English documentation or other information available at its discretion. Such texts may be the result of work done by third parties, and may not always be reviewed by TIBBO personnel. As such, these are not to be considered official statements by TIBBO. Any apparent inaccuracies, conflicts or differences in meaning between English-language and non-English texts shall always be resolved in favor of the English-language version.
10.TIBBO reserves the right to halt the production or availability of any of its PRODUCTS at any time and without prior notice. The availability of a particular PRODUCT in the past is not an indication of the future availability of this PRODUCT. The sale of the PRODUCT to you is solely at TIBBO's discretion and any such sale can be declined without explanation.
11.TIBBO makes no warranty for the use of its PRODUCTS, other than that expressly contained in the Standard Warranty located on the Company's website. Your use of TIBBO PRODUCTS is at your sole risk. TIBBO PRODUCTS are provided on an "as is" and "as available" basis. TIBBO expressly disclaims the warranties of merchantability, future availability, fitness for a particular purpose and non-infringement. No advice or information, whether oral or written, obtained by you from TIBBO shall create any warranty not expressly stated in the Standard Warranty.
12.LIMITATION OF LIABILITY. BY USING TIBBO PRODUCTS YOU EXPRESSLY AGREE THAT TIBBO SHALL NOT BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, OR OTHER INTANGIBLE LOSSES (EVEN IF TIBBO HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES) RESULTING FROM THE USE OR THE INABILITY TO USE OF TIBBO PRODUCTS.
13."Tibbo" is a registered trademark of Tibbo Technology, Inc.
14.Terms and product names mentioned on TIBBO website or in TIBBO documentation may be trademarks of others.