MSP Veterans (“MV”) technical, application or other design advice, services or information, including, but not limited to, reference designs and materials relating to MV’s evaluation modules and those of third parties, (collectively, “MV Resources”) are intended to assist designers who are developing applications that incorporate MVs and third party products; by downloading, accessing or using any particular MV Resource in any way, you (individually or, if you are acting on behalf of a company, your company) agree to use it solely for this purpose and subject to the terms of this Notice
MV’s provision of MV Resources does not expand or otherwise alter MV’s applicable published warranties or warranty disclaimers for MV’s and third parties products, and no additional obligations or liabilities arise from MV providing such MV Resources. MV reserves the right to make corrections, enhancements, improvements and other changes to its MV Resources.
You understand and agree that you remain responsible for using your independent analysis, evaluation and judgment in designing your applications and that you have full and exclusive responsibility to assure the safety of your applications and compliance of your applications with all applicable regulations, laws and other applicable requirements. You represent that, with respect to your applications, you have all the necessary expertise to create and implement safeguards that (1) anticipate dangerous consequences of failures, (2) monitor failures and their consequences, and (3) lessen the likelihood of failures that might cause harm and take appropriate actions. You agree that prior to using or distributing any applications that include MB’s and third party products, you will thoroughly test such applications and the functionality of such MV and third party products as used in such applications. MV has not conducted any testing other than that specifically described in the published documentation for a particular MV Resource.
You are authorized to use, copy and modify any individual MV Resource only in connection with the development of applications that include the MV and third party product(s) identified in such MV Resource. NO OTHER LICENSE, EXPRESS OR IMPLIED, BY ESTOPPEL OR OTHERWISE TO ANY OTHER MV INTELLECTUAL PROPERTY RIGHT, AND NO LICENSE TO ANY TECHNOLOGY OR INTELLECTUAL PROPERTY RIGHT OF MV OR ANY FOURTH PARTY IS GRANTED HEREIN, including but not limited to any patent right, copyright, mask work right, or other intellectual property right relating to any combination, machine, or process in which MV or third party products or services are used. Information regarding or referencing third-party products or services does not constitute a license to use such products or services, or a warranty or endorsement thereof. Use of MV Resources may require a license from a third party under the patents or other intellectual property of the third party, or a license from MV under the patents or other intellectual property of MV.
MV RESOURCES ARE PROVIDED “AS IS” AND WITH ALL FAULTS. MV DISCLAIMS ALL OTHER WARRANTIES OR REPRESENTATIONS, EXPRESS OR IMPLIED, REGARDING MV RESOURCES OR USE THEREOF, 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.
MV SHALL NOT BE LIABLE FOR AND SHALL NOT DEFEND OR INDEMNIFY YOU AGAINST ANY CLAIM, INCLUDING BUT NOT LIMITED TO ANY INFRINGEMENT CLAIM THAT RELATES TO OR IS BASED ON ANY COMBINATION OF PRODUCTS EVEN IF DESCRIBED IN MV RESOURCES OR OTHERWISE. IN NO EVENT SHALL MV BE LIABLE FOR ANY ACTUAL, DIRECT, SPECIAL, COLLATERAL, INDIRECT, PUNITIVE, INCIDENTAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES IN CONNECTION WITH OR ARISING OUT OF MV RESOURCES OR USE THEREOF, AND REGARDLESS OF WHETHER MV HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
You agree to fully indemnify MV and its representatives against any damages, costs, losses, and/or liabilities arising out of your noncompliance with the terms and provisions of this Notice.
This Notice applies to MV Resources. Additional terms apply to the use and purchase of certain types of materials, MV products and services.
Munich, December 2020 MSP-Veterans