Pre-Release Sample Agreement

Please review the following terms carefully. This Agreement governs you use of any Analog Devices, Inc. ("Analog") products ordered or received from this web page or under this Agreement (referred to an "Pre-Release Sample").

By ordering, obtaining, or using the Pre-Release Sample, you indicate your acceptance of these terms, which constitute the agreement (the "Agreement") between you and Analog Devices, Inc. ("Analog"). These terms are binding on you, your employees, agents, and contractors, and any entity on whose behalf you accept these terms and conditions (collectively "you"). IN THE EVENT THAT YOU DO NOT AGREE WITH ANY OF THESE TERMS AND CONDITIONS, DO NOT USE THE PRE-RELEASE SAMPLE; INSTEAD PROMPTLY RETURN IT UNUSED TO ANALOG.

SCOPE OF USE: You may use Pre-Release Samples solely for the purposes of evaluation and for developing product(s) incorporating one or more Analog products. You agree that the Pre-Release Sample will not be used for any other purposes.

DISCLAIMER: You understand that Pre-Release Samples have not been fully tested or characterized. Each Pre-Release Sample is provided "AS IS". ANALOG DISCLAIMS ANY AND ALL WARRANTIES AND GUARANTEES, EXPRESS, IMPLIED OR OTHERWISE, INCLUDING BUT NOT LIMITED TO THE WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT, OR FITNESS FOR A PARTICULAR PURPOSE. You agree to assume any liability and risk associated with the use or disposition of each Pre-Release Sample. In no event shall Analog or its suppliers be liable for any damages whatsoever (including, without limitation, lost profits, business interruption, or lost information) or for exemplary, incidental, consequential, or special damages of any kind, even if Analog has been advised of the possibility of such damages. Analog does not warrant the accuracy or completeness of any information provided regarding any Pre-Release Sample. Analog does not represent that any approvals or certifications have been obtained for any Pre-Release Sample unless otherwise expressly stated in writing.

SOFTWARE: If software is included with the Pre-Release Sample ("Software"), Analog grants you a non-exclusive, non-transferable, limited copyright license to use the Software only for the purposes stated above. You agree not to reverse engineer the Software.

OWNERSHIP: Analog reserves all legal rights in the Pre-Release Sample (including any Software), except for the license expressly stated in this Agreement. No rights or licenses are granted by implication. Analog shall have unrestricted rights to use any feedback that you provide regarding any Pre-Release Sample.

CONFIDENTIALITY: The Pre-Release Sample, including any Software, contains confidential information of Analog and is subject, in addition, to any applicable non-disclosure agreement between you and Analog. You agree not to disclose or use confidential or proprietary information of Analog except as reasonably required for the purpose stated above. For the purposes of your evaluation or product design, you may disclose Pre-Release Samples to third-party contractors ("Contractors") who agree to be bound by written non-disclosure terms that are no less restrictive than those set forth in this Agreement and any applicable non-disclosure agreement between you and Analog, provided that you will be responsible for any act or omission of such Contractors as if it were your own.

TERMINATION, DUTY TO RETURN: You or Analog may terminate this Agreement at any time, upon ten (10) days' prior written notice. Unless otherwise agreed by Analog, upon expiration or other termination of this Agreement, you will immediately return the Pre-Release Sample and all copies of the Software to Analog.

MISCELLANEOUS: Claims arising under this Agreement shall be governed by the laws of the Commonwealth of Massachusetts USA, excluding its principles of conflict of laws and the United Nations Convention on Contracts for the Sale of Goods. The state and federal courts located in Boston, Massachusetts USA shall have exclusive jurisdiction and venue over any claim arising from this Agreement or its subject matter. You may not assign this Agreement or delegate any obligations hereunder (whether by operation of law or otherwise) without Analog's prior written consent. No modification, amendment or waiver of any provision of this Agreement shall be effective unless in writing and signed by an officer of Analog. You are responsible for compliance with US export laws as they may be applicable to the Pre-Release Sample.