APPLICATION FORM for “13MP Camera RDK Schematics”
IMPORTANT – Please read the terms and conditions below (“Terms”) carefully before applying for the 13MP Camera RDK (Reference Design Kit) schematics (“Schematics”). The Terms constitute the agreement terms and conditions between you, the corporation or organization that intends to use the Schematics ("You” or “you") and THine Electronics, Inc. (“THine”) regarding the use of the Schematics. If you agree about the Terms below, you have to complete this Application Form and send to THine. BY SUCH APPLICATION, YOU EXPRESSLY AGREE TO AND CONSENT TO BE BOUND BY ALL OF THE TERMS. After THine reviews your application contents, THine will provide you with the Schematics with a consent certificate by e-mail or other appropriate way as soon as possible. (Your application may be denied in consideration of your application contents, background and the like.) By provision of such consent certificate by THine, the agreement regarding the use of the Schematics (“Agreement”) shall be executed between you and THine.
TERMS AND CONDITIONS
1. USE OF SCHEMATICS:
1.1 You may use the Schematics subject to the Terms herein solely in developing your own products using the 13MP Camera RDK as a reference. You shall not use the Schematics for any other purposes, and shall not use in developing products and solutions not using the 13MP Camera RDK as a reference and THP7312 that is THine’ image signal processor, sell or distribute the Schematics to any third party.
1.2 Access to the Schematics is provided only to users of the 13MP Camera RDK for the purposes set forth herein. The Schematics are provided by THine solely for your reference, for use as-is or as a template to make your own working designs or products using the 13MP Camera RDK as a reference. The Schematics may be incomplete, and THine shall not warrant that the Schematics are completed, tested, or will work on their own without revisions. The success of any designs or products you complete or make using the Schematics as a starting point is wholly dependent on your design efforts. As provided, THine shall not warrant that the Schematics or any designs or products you complete or make will provide any given functionality, and all verification shall be completed by you or your customer.
1.3 THine specifically disclaims any obligations for technical support and bug fixes, as well as any liability with respect to the Schematics, and no contractual obligations are formed either directly or indirectly by use of the Schematics.
1.4 Notwithstanding the provision of Section 1.3, THine may, at its own discretion, provide you with technical advice on design, quality characterization, reliability data and the like in connection with the Schematics. THine shall not warrant accuracy, completeness, performance, merchantability, fitness of the particular purpose and non-infringement of such advice. Further, you agree that THine's provision of such advice shall not alter the exclusion of warranties and liabilities for the Schematics as set forth above, and that no additional obligations or liabilities shall arise from THine’s provision of such advice.
1.5 The firmware for THP7312 was developed for the combination of P13V01N-203 (camera module) made by Sunny Optical Technology Co., Ltd. and THL6523 (LED driver) made by THine. THine recommends that you use these products in development of your product by reference to these Schematics. The technical support for these Schematics shall not be provided by THine for designs with any combination other than the one of the P13V01N-203 and the THL6523. Further, THP7312 shall not be shipped by THine for mass production with any combination other than the one of the P13V01N-203 and the THL6523, and also, the same shall apply to the case P13V01N-203 is purchased through unauthorized
2. CONFIDENTIALITY OBLIGATIONS:
You shall maintain strictly the confidentiality of the Schematics and all information provided by THine through related advice (“Confidential Information”) for five (5) years after your receipt thereof by taking reasonable protective measures but not less than the measures it uses for its own confidential information of similar importance; and during that period, you shall not use the Confidential Information for any purpose other than the one set forth herein. You are permitted to disclose the Confidential Information to its employees but only to the extent that such employees need to know the Confidential Information for the purpose set forth herein and are bound by confidentiality obligations at least as restrictive as those contained herein. You shall promptly comply with THine’s request to return or destroy all or part of the Confidential Information and all copies thereof, and certify its compliance in writing.
THINE IS PROVIDING THE SCHEMATICS "AS IS" AS A COURTESY TO YOU. BY PROVIDING THE SCHEMATICS AS ONE POSSIBLE IMPLEMENTATION OF THIS FEATURE, APPLICATION OR STANDARD, THINE MAKES NO REPRESENTATION OR WARRANTY THAT THE SCHEMATICS ARE ERROR-FREE AND THE SCHEMATICS, ANY DESIGNS OR PRODUCTS YOU COMPLETE OR MAKE WILL PROVIDE THE FUNCTIONALITY YOU ARE LOOKING FOR, OR THAT THEY ARE APPROPRIATE FOR ANY GIVEN USE. THINE MAKES NO REPRESENTATION OR WARRANTY OF ANY KIND, EXPRESS, IMPLIED OR STATUTORY, INCLUDING BUT NOT LIMITED TO WARRANTIES OF ACCURACY, COMPLETENESS, PERFORMANCE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NONINFRINGEMENT REGARDING THE SCHEMATICS AND RELATED ADVICE.
FURTHER, THINE SHALL NOT BE LIABLE FOR ANY DAMAGES, INCLUDING WITHOUT LIMITATION, DIRECT, INDIRECT, INCIDENTAL, SPECIAL, RELIANCE OR CONSEQUENTIAL DAMAGES ARISING FROM THE USE OF THE SCHEMATICS AND RELATED ADVICE, EVEN IF THINE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
4. INTELLECTUAL PROPERTY RIGHTS:
The Schematics are copyrighted by THine and a copyright and any other ownership interest in and to the Schematics and related information and all intellectual property rights and other proprietary rights therein are and shall remain the sole and exclusive property of THine, if any, whether the Schematics are separate or combined with any other products. You may not reproduce, transmit or otherwise copy the Schematics by any means for any purpose not set forth herein, without the prior written permission of THine. Except as stated herein, the provision of the Schematics does not grant you any rights to patents, copyrights, trade secrets, trademarks, or any other rights in respect to the Schematics.
Governing Law, Jurisdiction and Injunction: This Agreement shall be governed by and interpreted in accordance with the laws of Japan without reference to its conflicts of law. If for any reason a court of competent jurisdiction finds any provision of this Agreement to be unenforceable, that provision will be enforced to the maximum extent possible to effectuate the intent of the parties, and the remainder of this Agreement will continue in full force and effect. All disputes related to or arising from the use of the Schematics shall be brought solely in the Tokyo District Court of Japan and you hereby submit to the personal jurisdiction thereof. You hereby consent to the personal and exclusive jurisdiction and venue of this court. You acknowledge that unauthorized infringement or misappropriation of THine’s intellectual property rights could cause irreparable harm and significant injury that would be difficult to ascertain and may not be compensable by damages alone. Accordingly, you agree that, in addition to any and all legal remedies, claims regarding intellectual property rights may, subject to claims, be remedied by specific performance, injunction or other appropriate equitable relief.
Export Control: You shall observe the laws, orders or regulations related to the export control laws of the applicable countries, and further, shall not use the Schematics for any purposes prohibited by such laws, including, without limitation, the development, design, manufacture or production of nuclear, missiles, chemical or biological weapons.
Entire Agreement: This Agreement constitute the entire agreement terms and conditions between you and THine relating to the provision of the Schematics and related advice and supersedes all previous communications, representations, or agreements, either oral or written, with respect to the subject matter hereof. No prior representations or statements relating to the provision of the Schematics made by any THine representative, who is not stated herein, shall be binding on THine. No addition to or modification of any provision of this contract shall be binding upon THine unless made in writing and signed by a duly authorized THine representative. No course of dealing or trade usage or course of performance shall be relevant to explain or supplement any term in this Agreement. The Agreement shall prevail notwithstanding any different, conflicting or additional terms and conditions that may appear on any order for the Schematics or other writing not expressly incorporated herein, including but not limited to data sheets, application notes and order acknowledgements. The section headings contained in this Agreement are for reference purposes only and shall not affect in any way the meaning or interpretation of this Agreement.