This legal disclaimer applies to purchasers and users of Dalcomm Tech® products manufactured by or on behalf of Dalcomm Tech, Inc. and its affiliates (collectively, “Dalcomm Tech”).
Unless otherwise expressly indicated in writing, Dalcomm Tech® products and data sheets relating thereto are subject to change without notice. Users should check for and obtain the latest relevant information and verify that such information is current and complete before placing orders for Dalcomm Tech® products.
The characteristics and parameters of a Dalcomm Tech® product set forth in its data sheet are based on laboratory conditions, and statements regarding the suitability of products for certain types of applications are based on Dalcomm Tech’ knowledge of typical requirements in generic applications. The characteristics and parameters of a Dalcomm Tech® product in a user application may vary from the data sheet characteristics and parameters due to (i) the combination of the Dalcomm Tech® product with other components in the user’s application, or (ii) the environment of the user application itself. The characteristics and parameters of a Dalcomm Tech® product also can and do vary in different applications and actual performance may vary over time. Users should always verify the actual performance of the Dalcomm Tech® product in their specific devices and applications, and make their own independent judgments regarding the amount of additional test margin to design into their device or application to compensate for differences between laboratory and real world conditions.
Unless Dalcomm Tech has explicitly designated an individual Dalcomm Tech® product as meeting the requirements of a particular industry standard (e.g., ISO/TS 16949) or a particular qualification (e.g., UL listed or recognized), Dalcomm Tech is not responsible for any failure of an individual Dalcomm Tech® product to meet the requirements of such industry standard or particular qualification. Users of Dalcomm Tech® products are responsible for ensuring compliance with safety-related requirements and standards applicable to their devices or applications.
Dalcomm Tech® products are not recommended, authorized, or intended for use in nuclear, lifesaving, life-critical or life-sustaining applications, nor in any other applications where failure or malfunction may result in personal injury, death, or severe property or environmental damage. Unless expressly and specifically approved in writing by two authorized Dalcomm Tech representatives on a case-by-case basis, use of any Dalcomm Tech® products in such unauthorized applications might not be safe and thus is at the user’s sole risk. Life-critical applications include devices identified by the U.S. Food and Drug Administration as Class III devices and generally equivalent classifications outside of the United States.
Dalcomm Tech expressly identifies those Dalcomm Tech® standard products that are suitable for use in automotive applications on such products’ data sheets in the section entitled “Applications.” Unless expressly and specifically approved in writing by two authorized Dalcomm Tech representatives on a case-by-case basis, use of any other Dalcomm Tech® standard products in an automotive application might not be safe and thus is not recommended, authorized, or intended and is at the user’s sole risk. If Dalcomm Tech expressly identifies a sub-category of automotive application in the data sheet for its standard products (such as infotainment or lighting), such identification means that Dalcomm Tech has reviewed its standard product and has determined that if such Dalcomm Tech® standard product is considered for potential use in automotive applications, it should only be used in such sub-category of automotive applications. Any reference to Dalcomm Tech® standard product in the data sheet as compliant with the AEC-Q standard or “automotive grade” does not by itself mean that Dalcomm Tech has approved such product for use in an automotive application.
Dalcomm Tech® standard products are not tested to comply with United States Federal Aviation Administration standards generally or any other generally equivalent governmental organization standard applicable to products designed or manufactured for use in aircraft or space applications. Dalcomm Tech expressly identifies Dalcomm Tech® standard products that are suitable for use in aircraft or space applications on such products’ data sheets in the section entitled “Applications.” Unless expressly and specifically approved in writing by two authorized Dalcomm Tech representatives on a case-by-case basis, use of any other Dalcomm Tech® standard product in an aircraft or space application might not be safe and thus is not recommended, authorized, or intended and is at the user’s sole risk.
The use and level of testing applicable to Dalcomm Tech® custom products shall be negotiated on a case-by-case basis by Dalcomm Tech and the user for which such Dalcomm Tech® custom products are specially designed. Absent a written agreement between Dalcomm Tech and the user regarding the use and level of such testing, the above provisions applicable to Dalcomm Tech® standard products shall also apply to such Dalcomm Tech® custom products.
Users shall not sell, transfer, export, or re-export any Dalcomm Tech® products or technology for use in activities which involve the design, development, production, use or stockpiling of nuclear, chemical, or biological weapons or missiles, nor shall they use Dalcomm Tech® products or technology in any facility which engages in activities relating to such devices. The foregoing restrictions apply to all uses and applications that violate national or international prohibitions, including embargos or international regulations. Further, Dalcomm Tech® products and Dalcomm Tech technology and technical data may not under any circumstance be exported or re-exported to countries subject to international sanctions or embargoes. Dalcomm Tech® products may not, without prior authorization from Dalcomm Tech and/or the U.S. Government, be resold, transferred, or re-exported to any party not eligible to receive U.S. commodities, software, and technical data.
To the maximum extent permitted by applicable law, Dalcomm Tech disclaims (i) any and all liability for special, punitive, consequential, incidental or indirect damages or lost revenues or lost profits, and (ii) any and all implied warranties, including implied warranties of fitness for particular purpose, non-infringement and merchantability.
