S U P P L E M E N T
WITHOUT LIMITING THE FOREGOING, EXCEPT TO
TERMS AND CONDITIONS OF SALE FOR
AMD NON-VOLATILE MEMORY DIE
THE EXTENT THAT AMD EXPRESSLY WARRANTS
TO BUYER IN A SEPARATE AGREEMENT SIGNED
BY AMD, AMD MAKES NO WARRANTY WITH
RESPECT TO THE DIE’S PROCESSING OF DATE
DATA, AND SHALL HAVE NO LIABILITY FOR
DAMAGES OF ANY KIND, UNDER EQUITY, LAW, OR
ANY OTHER THEORY, DUE TO THE FAILURE OF
SUCH KNOWN GOOD DIE TO PROCESS ANY PAR-
TICULAR DATA CONTAINING DATES, INCLUDING
DATES IN AND AFTER THE YEAR 2000, WHETHER
OR NOT AMD RECEIVED NOTICE OF THE POSSI-
BILITY OF SUCH DAMAGES.
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.
AMD warrants unpackaged die of its manufacture
(“Known Good Die” or “Die”) against defective mate-
rials or workmanship for a period of one (1) year from
date of shipment. This warranty does not extend
beyond the first purchaser of said Die. Buyer assumes
full responsibility to ensure compliance with the
appropriate handling, assembly and processing of
Known Good Die (including but not limited to proper
Die preparation, Die attach, wire bonding and related
assembly and test activities), and compliance with all
guidelines set forth in AMD’s specifications for Known
Good Die, and AMD assumes no responsibility for
environmental effects on Known Good Die or for any
activity of Buyer or a third party that damages the Die
due to improper use, abuse, negligence, improper
installation, accident, loss, damage in transit, or unau-
thorized repair or alteration by a person or entity other
than AMD (“Warranty Exclusions”).
THIS 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 AND OF ALL
OTHER OBLIGATIONS OR LIABILITIES ON AMD’s
PART, AND IT NEITHER ASSUMES NOR AUTHO-
RIZES ANY OTHER PERSON TO ASSUME FOR
AMD ANY OTHER LIABILITIES. THE FOREGOING
CONSTITUTES THE BUYER’S SOLE AND EXCLU-
SIVE REMEDY FOR THE FURNISHING OF DEFEC-
TIVE OR NON CONFORMING KNOWN GOOD DIE
AND AMD SHALL NOT IN ANY EVENT BE LIABLE
FOR INCREASED MANUFACTURING COSTS,
DOWNTIME COSTS, DAMAGES RELATING TO
BUYER’S PROCUREMENT OF SUBSTITUTE DIE
(i.e., “COST OF COVER”), LOSS OF PROFITS, REV-
ENUES OR GOODWILL, LOSS OF USE OF OR
DAMAGE TO ANY ASSOCIATED EQUIPMENT,
OR ANY OTHER INDIRECT, INCIDENTAL, SPECIAL
OR CONSEQUENTIAL DAMAGES BY REASON OF
THE FACT THAT SUCH KNOWN GOOD DIE SHALL
HAVE BEEN DETERMINED TO BE DEFECTIVE OR
NON CONFORMING.
The liability of AMD under this warranty is limited, at
AMD’s option, solely to repair the Die, to send replace-
ment Die, or to make an appropriate credit adjustment
or refund in an amount not to exceed the original pur-
chase price actually paid for the Die returned to AMD,
provided that: (a) AMD is promptly notified by Buyer in
writing during the applicable warranty period of any
defect or nonconformity in the Known Good Die; (b)
Buyer obtains authorization from AMD to return the
defective Die; (c) the defective Die is returned to AMD
by Buyer in accordance with AMD’s shipping instruc-
tions 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 to AMD via AMD’s carrier, col-
lect. Risk of loss will transfer to AMD when the defec-
tive Die 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 specified location. The aforementioned pro-
visions do not extend the original warranty period of
any Known Good Die that has either been repaired or
replaced by AMD.
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 warranty.
Known Good Die are not designed or authorized for
use as components in life support appliances, devices
or systems where malfunction of the Die can reason-
ably be expected to result in a personal injury. Buyer’s
use of Known Good Die for use in life support applica-
tions is at Buyer’s own risk and Buyer agrees to fully
indemnify AMD for any damages resulting in such use
or sale.
Am29BL802C Known Good Die
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