S U P P L E M E N T
specified location. The aforementioned provisions do
not extend the original limited warranty period of any
Die or Wafer(s) that has either been replaced by AMD.
TERMS AND CONDITIONS OF SALE FOR
AMD NON-VOLATILE MEMORY DIE
All transactions relating to unpackaged die under this
agreement shall be subject to AMD’s standard terms
and conditions of sale, or any revisions thereof, which
revisions AMD reserves the right to make at any time
and from time to time. In the event of conflict between
the provisions of AMD’s standard terms and conditions
of sale and this agreement, the terms of this agreement
shall be controlling.
THIS LIMITED WARRANTY IS EXPRESSED IN LIEU
OF ALL OTHER WARRANTIES, EXPRESSED OR
IMPLIED, INCLUDING THE IMPLIED WARRANTY OF
FITNESS FOR A PARTICULAR PURPOSE, THE
IMPLIED WARRANTY OF MERCHANTABILITY OR
NONINFRINGEMENT AND OF ALL OTHER OBLIGA-
TIONS OR LIABILITIES ON AMD's PART, AND IT
NEITHER ASSUMES NOR AUTHORIZES ANY
OTHER PERSON TO ASSUME FOR AMD ANY
OTHER LIABILITIES. THE FOREGOING CONSTI-
TUTES THE BUYER'S SOLE AND EXCLUSIVE
REMEDY FOR THE FURNISHING OF DEFECTIVE
OR NON CONFORMING KNOWN GOOD DIE OR
KNOWN GOOD WAFER(S) AND AMD SHALL NOT IN
ANY EVENT BE LIABLE FOR INCREASED MANU-
FACTURING COSTS, DOWNTIME COSTS,
DAMAGES RELATING TO BUYER'S PROCURE-
MENT OF SUBSTITUTE DIE OR WAFER(S) (i.e.,
"COST OF COVER"), LOSS OF PROFITS, REVE-
NUES OR GOODWILL, LOSS OF USE OF
ORDAMAGE TO ANY ASSOCIATED EQUIPMENT,
OR ANY OTHER INDIRECT, INCIDENTAL, SPECIAL
OR CONSEQUENTIAL DAMAGES BY REASON OF
THE FACT THAT SUCH KNOWN GOOD DIE OR
KNOWN GOOD WAFER(S) SHALL HAVE BEEN
DETERMINED TO BE DEFECTIVE OR NON CON-
FORMING.
AMD warrants its manufactured unpackaged die
whether shipped to customer in individual dice or wafer
form ("Known Good Die," "KGD", "Die," "Known Good
Wafer", "KGW", or Wafer(s)) will meet AMD's published
specifications and against defective materials or work-
manship for a period of one (1) year from date of ship-
ment.
This limited warranty does not extend beyond the first
purchaser of said Die or Wafer(s).
Buyer assumes full responsibility to ensure compliance
with the appropriate handling, assembly and pro-
cessing of KGD or KGW (including but not limited to
proper Die preparation, Die attach, backgrinding, sin-
gulation, wire bonding and related assembly and test
activities), and compliance with all guidelines set forth
in AMD's specifications for KGD or KGW, and AMD
assumes no responsibility for environmental effects on
KGD or KGW or for any activity of Buyer or a third party
that damages the Die or Wafer(s) due to improper use,
abuse, negligence, improper installation, improper
backgrinding, improper singulation, accident, loss,
damage in transit, or unauthorized repair or alteration
by a person or entity other than AMD ("Limited War-
ranty Exclusions")
Buyer agrees that it will make no warranty representa-
tions to its customers which exceed those given by
AMD to Buyer unless and until Buyer shall agree to
indemnify AMD in writing for any claims which exceed
AMD's limited warranty. Known Good Die or Known
Good Wafer(s) are not designed or authorized for use
as components in life support appliances, devices or
systems where malfunction of the Die or Wafer(s) can
reasonably be expected to result in a personal injury.
Buyer's use of Known Good Die or Known Good
Wafer(s) for use in life support applications is at Buyer's
own risk and Buyer agrees to fully indemnify AMD for
any damages resulting in such use or sale.
The liability of AMD under this limited warranty is lim-
ited, at AMD's option, solely to repair the Die or
Wafer(s), to send replacement Die or Wafer(s), or to
make an appropriate credit adjustment or refund in an
amount not to exceed the original purchase price actu-
ally paid for the Die or Wafer(s) returned to AMD, pro-
vided that: (a) AMD is promptly notified by Buyer in
writing during the applicable warranty period of any
defect or nonconformity in the Die or Wafer(s); (b)
Buyer obtains authorization from AMD to return the
defective Die or Wafer(s); (c) the defective Die or
Wafer(s) is returned to AMD by Buyer in accordance
with AMD's shipping instructions set forth below; and
(d) Buyer shows to AMD's satisfaction that such
alleged defect or nonconformity actually exists and was
not caused by any of the above-referenced Warranty
Exclusions. Buyer shall ship such defective Die or
Wafer(s) to AMD via AMD's carrier, collect. Risk of loss
will transfer to AMD when the defective Die or Wafer(s)
is provided to AMD's carrier. If Buyer fails to adhere to
these warranty returns guidelines, Buyer shall assume
all risk of loss and shall pay for all freight to AMD's
Known Good Die or Known Good Wafer are not
designed or authorized for use as components in life
support appliances, devices or systems where mal-
function of the die or wafer can reasonably be expected
to result in a personal injury. Buyer's use of Known
Good Die or Known Good Wafer for use in life support
applications is at Buyer's own risk and Buyer agrees to
fully indemnify AMD for any damages resulting in such
use or sale.
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