Hooley Research Ltd (HRL) reserves the right to make corrections, enhancements, improvements and other changes to its products and services, and to discontinue any product or service. Buyers should obtain the latest relevant information before placing orders and should verify that such information is current and complete.
HRL’s published terms of sale for products (www.hooleyresearch.co.uk) apply to the sale of products that HRL has qualified and released to market. Additional terms may apply to the use or sale of other types of HRL prototypes, custom products, products and services.
Reproduction of significant portions of HRL information in HRL data sheets is permissible only if reproduction is without alteration and is accompanied by all associated warranties, conditions, limitations, and notices. HRL is not responsible or liable for such reproduced
documentation. Information of third parties may be subject to additional restrictions. Resale of HRL products or services with statements different from or beyond the parameters stated by HRL for that product or service voids all express and any implied warranties for the associated HRL product or service and is an unfair and deceptive business practice. HRL is not responsible or liable for any such statements.
Buyers and others who are developing systems that incorporate HRL products (collectively, “Designers”) understand and agree that Designers remain responsible for using their independent analysis, evaluation and judgment in designing their applications and that Designers have full and exclusive responsibility to assure the safety of Designers' applications and compliance of their applications (and of all HRL products used in or for Designers’ applications) with all applicable regulations, laws and other applicable requirements. Designer represents that, with respect to their applications, Designer has 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. Designer agrees that prior to using or distributing any applications that include HRL products, Designer will thoroughly test such applications and the functionality of such HRL products as used in such applications.
HRL’s provision of technical, application or other design advice, quality characterization, reliability data or other services or information, including, but not limited to, reference designs and materials relating to evaluation modules, (collectively, “HRL Resources”) are intended to assist designers who are developing applications that incorporate HRL products; by downloading, accessing or using HRL Resources in any way, Designer (individually or, if Designer is acting on behalf of a company, Designer’s company) agrees to use any particular HRL Resource solely for this purpose and subject to the terms of this Notice.
HRL’s provision of HRL Resources does not expand or otherwise alter HRL’s applicable published warranties or warranty disclaimers for HRL products, and no additional obligations or liabilities arise from HRL providing such HRL Resources. HRL reserves the right to make corrections, enhancements, improvements and other changes to its HRL Resources. HRL has not conducted any testing other than that specifically described in the published documentation for a particular HRL Resource.
Designer is authorized to use, copy and modify any individual HRL Resource only in connection with the development of applications that include the HRL product(s) identified in such HRL Resource. NO OTHER LICENSE, EXPRESS OR IMPLIED, BY ESTOPPEL OR OTHERWISE TO ANY OTHER HRL INTELLECTUAL PROPERTY RIGHT, AND NO LICENSE TO ANY TECHNOLOGY OR INTELLECTUAL PROPERTY RIGHT OF HRL OR ANY THIRD PARTY IS GRANTED HEREIN, including but not limited to any patent right, copyright, or other intellectual property right relating to any combination, machine, or process in which HRL 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 HRL Resources may require a license from a third party under the patents or other intellectual property of the third party, or a license from HRL under the patents or other intellectual property of HRL
HRL RESOURCES ARE PROVIDED “AS IS” AND WITH ALL FAULTS. HRL DISCLAIMS ALL OTHER WARRANTIES OR REPRESENTATIONS, EXPRESS OR IMPLIED, REGARDING 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. HRL SHALL NOT BE LIABLE FOR AND SHALL NOT DEFEND OR INDEMNIFY DESIGNER 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 HRL RESOURCES OR OTHERWISE. IN NO EVENT SHALL HRL BE LIABLE FOR ANY ACTUAL, DIRECT, SPECIAL, COLLATERAL, INDIRECT, PUNITIVE, INCIDENTAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES IN CONNECTION WITH OR ARISING OUT OF HRL RESOURCES OR USE THEREOF, AND REGARDLESS OF WHETHER HRL HAS BEEN
ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
Unless HRL has explicitly designated an individual product as meeting the requirements of a particular industry standard (e.g., ISO/TS 16949 and ISO 26262), HRL is not responsible for any failure to meet such industry standard requirements.
Where HRL specifically promotes products as facilitating functional safety or as compliant with industry functional safety standards, such products are intended to help enable customers to design and create their own applications that meet applicable functional safety standards and requirements. Using products in an application does not by itself establish any safety features in the application. Designers must ensure compliance with safety-related requirements and standards applicable to their applications. Designer may not use any HRL products in life-critical medical equipment unless authorized officers of the parties have executed a special contract specifically governing such use. Life-critical medical equipment is medical equipment where failure of such equipment would cause serious bodily injury or death (e.g., life
support, pacemakers, defibrillators, heart pumps, neurostimulators, and implantables). Such equipment includes, without limitation, all medical devices identified by the responsible EU agencies as Class III devices and equivalent classifications outside the EU.
HRL may expressly designate certain products as completing a particular qualification (e.g., Q100, Military Grade, or Enhanced Product).
Designers agree that it has the necessary expertise to select the product with the appropriate qualification designation for their applications and that proper product selection is at Designers’ own risk. Designers are solely responsible for compliance with all legal and regulatory requirements in connection with such selection.
Designer will fully indemnify HRL and its representatives against any damages, costs, losses, and/or liabilities arising out of Designer’s noncompliance with the terms and provisions of this Notice.
Hooley Research Ltd, 19 Norwich St, Cambridge CB2 1ND, England