Legal Terms and Conditions
Copyright Infringement: Digilent believes in respecting the copyright(s) and intellectual property rights of others. If you believe that material posted on this web site by a third party infringes on your copyright(s), review this section to learn about contacting our copyright agent.
Terms and Conditions of Sale: The purchase and sale of Digilent hardware and software products are made under Digilent's standard terms and conditions of sale. Please review this section for more information.
Export Compliance: Digilent products are subject to control under the U.S. Export Administration Regulations (15 CFR Part 730 et. seq.) and other applicable U.S. export control laws and regulations. Please review this section for more information.
Privacy Statement: This privacy statement describes how Digilent collects and uses the personal information you provide on our websites. Please review this section for more information.
NOTICE: PLEASE READ THE FOLLOWING INFORMATION CAREFULLY BEFORE USING THIS WEB SITE. BY USING THIS WEB SITE, YOU ACCEPT THESE TERMS AND CONDITIONS ("TERMS"). IF YOU DO NOT ACCEPT THESE TERMS, DO NOT USE THIS WEB SITE.
Use of Site. Digilent, Inc. authorizes you to use, contribute, post, view and download materials on Digilent’s web sites, which include, by are not limited to Digilent’s store, forum, blog, and learn sites, ("Site") in accordance with the terms and conditions set forth herein. Unauthorized use of any materials at this Site may violate copyright, trademark, and other laws. If you breach any of these Terms, your authorization to use this Site automatically terminates and you must immediately destroy any downloaded or printed materials. Any rights not expressly granted herein are reserved to Digilent.
Use of Software. Notwithstanding the provisions set forth in the “Use of Site” section of these Terms, use of all software that you download from this Site ("Software") is subject to the license terms of the applicable software license agreement for such Software. The applicable software license agreement will typically accompany or be provided at the time you download or otherwise access the Software. If not, then contact Digilent for the applicable Software license agreement. You may not use the Software until you have read and accepted the terms of the applicable software license agreement.
Intellectual Property. Except as otherwise provided on the Site, all rights, title and interest (including all copyrights, trademarks and other intellectual property rights) in this Site belong to Digilent or another party that has licensed its material to Digilent. Except as expressly provided above, nothing on the Site shall be construed as conferring any license or right under copyright, trademark or other intellectual property rights. More information about Digilent's trademarks can be found at ni.com/trademarks.
User Contributions. Any information or material ("Communications") that you transmit to this Site is considered non-confidential. Digilent has no obligations with respect to the Communications, and Digilent is free and you authorize Digilent to copy, disclose, distribute, incorporate, translate and otherwise use the Communications and all related data, images, sound, and text for any and all purposes. Digilent reserves the right, in its sole discretion on a case by case basis, to remove, reject, or otherwise modify any such Communications or any portion(s) thereof. Digilent may, but is not obligated to, monitor or review any areas on the Site where users transmit or post Communications, including but not limited to discussion groups, bulletin boards or other user forums, and the content of any such Communications. Digilent, however, has no liability related to the content of any such Communications, whether or not arising under the laws of copyright, libel, privacy, obscenity, or otherwise. DIGILENT DISCLAIMS ANY AND ALL LIABILITIES FOR AND MAKES NO WARRANTIES, EITHER EXPRESS OR IMPLIED, WITH RESPECT TO ANY SUCH COMMUNICATIONS, INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT OF INTELLECTUAL PROPERTY.
For information regarding DIGILENT’s Copyright Infringement Policy, please see below.
Your Conduct. In the areas on the Site where users transmit or post Communications, you are prohibited from:
- Uploading files that contain software or other material protected by intellectual property laws (or by rights of privacy or publicity) unless you own or control the rights thereto or have received all necessary consents.
- Uploading files that contain viruses, corrupted files, or any other similar software or programs that may damage the operation of another's computer.
- Advertising or offering to sell or buy any goods or services.
- Falsifying or deleting any author attributions, legal or other proper notices or proprietary designations or labels of the origin or source of software or other material contained in a file that is uploaded.
- Restricting or inhibiting any other user from transmitting or posting Communications.
- Harvesting or otherwise collecting information about others, including e-mail addresses.
By transmitting any such Communications, you warrant that: (a) you have full authority to transmit such Communications; (b) you are the sole owner of the Communications and/or such Communications constitute material in the public domain; and (c) neither the Communications nor any part(s) of the Communications will (x) infringe any copyright or other intellectual property rights or violate any proprietary rights or rights of publicity or privacy; (y) contain any scandalous, libelous, or unlawful matter; or (z) contain any formula, process, instruction, or other material that is injurious to a person or property.
Links To Other Web Sites. Links to third party Web sites on this Site are provided solely as a convenience to you. If you use these links, you will leave this Site. DIGILENT does not control and is not responsible for any of these sites or their content. Thus, DIGILENT does not endorse or make any representations about them, or any information, software or other products or materials found there, or any results that may be obtained from using them. If you decide to access any of the third party sites linked to this Site, you do this entirely at your own risk.
Third Party Providers.
Third Party Provider Pages. Certain portions of the Site feature information regarding the products or services of third party providers. Third party providers include, without limitation, third parties that make available Third-Party Add-On Products (as defined below) and Digilent Alliance Partner program members. Information about such products and services is provided by the respective third party providers, who are solely responsible for such information and content, as well as for their respective products and services, including without limitation Third-Party Add-On Products. DIGILENT believes that the respective third party providers offer the types of products described and the support services indicated, but DIGILENT is not responsible for any errors or omissions in the descriptions. Links to third party provider websites provided on the Site are subject to the terms regarding "Links To Other Web Sites" provided above.
Use Limitation. Digilent respects the intellectual property of others, and we ask our users to do the same. You agree to request permission to use the materials on the Site. The request must include the following.
The name or description of the requested Copyrightable Work(s).
Your intended use of the requested Copyrightable Work(s).
The type and/or name of the publication you intend to create.
Any modifications or alterations you intend to make to the requested Copyrightable Works.
You agree not to use the Copyrightable Works without DIGILENT’s prior written approval, which may be given or withheld by DIGILENT in its sole discretion on a case by case basis and which may include further limitations or restrictions on your use of such Copyrightable Works.
In no event may you use the Copyrighted Works in any manner that (in DIGILENT’s opinion) defames, tarnishes, or otherwise injures the reputation of Digilent or National InstrumentsI.
Linking. DIGILENT gives you a nonexclusive, nontransferable permission, revocable by DIGILENT in its sole discretion at any time, to display the word mark "Digilent", in font and color that is nondistinctive from the font and color used to represent other html links to third party web sites on your web site, only to represent an html link to the Digilent web site home page (www.digilent.com), subject to the following terms and conditions, each of which you agree to comply with:
No linking from any websites or pages that are obscene, pornographic, illegal, is permitted.
No linking from any websites that disparage DIGILENT or any of its products or services is permitted.
Indemnity. YOU AGREE TO INDEMNIFY AND HOLD HARMLESS DIGILENT CORPORATION AND ITS AFFILIATES, AND EACH OF THEIR RESPECTIVE SHAREHOLDERS, DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, SUCCESSORS AND ASSIGNS, FROM AND AGAINST ANY AND ALL CLAIMS, DEMANDS, DAMAGES, LIABILITIES, LOSSES, COSTS AND EXPENSES (INCLUDING WITHOUT LIMITATION REASONABLE ATTORNEYS’ FEES), EVEN IF CAUSED OR CONTRIBUTED BY ANY NEGLIGENCE ON THE PART OF DIGILENT CORPORATION, ANY OF ITS AFFILIATES, OR OTHERS, ARISING OUT OF OR IN CONNECTION WITH ANY OF THE FOLLOWING: ANY FAILURE TO COMPLY WITH THESE TERMS; YOUR WEB SITE OR WEB PAGE ON WHICH THE LINK APPEARS OR WITH WHICH THE LINK IS ASSOCIATED, INCLUDING WITHOUT LIMITATION ANY STATEMENTS OR CLAIMS MADE ON SUCH WEBSITE OR WEB PAGE; OR ANY PRODUCTS OR SERVICES SOLD OR MARKETED ON SUCH WEBSITE OR WEB PAGE.
Disclaimer. THE CONTENTS OF THIS SITE ARE PROVIDED "AS IS." DIGILENT DISCLAIMS ALL WARRANTIES, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT OF INTELLECTUAL PROPERTY.
The contents of this Site could contain technical inaccuracies, typographical errors or out-of-date information. Information may be updated or changed at any time, without notice. Use of such information is therefore at your own risk. Warranties for products purchased from DIGILENT are provided in separate documents. Mention of non-DIGILENT products or services is for informational purposes only and constitutes neither an endorsement nor a recommendation for specific purposes.
Limitation of Liability. DIGILENT WILL NOT BE LIABLE FOR DIRECT, INDIRECT, SPECIAL, INCIDENTAL, COVER, ECONOMIC, OR CONSEQUENTIAL DAMAGES ARISING OUT OF THE USE OR INABILITY TO USE THE CONTENTS OF THIS SITE EVEN IF DIGILENT IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. Applicable law may not allow the exclusion or limitation of incidental or consequential damages, so the above limitation or exclusion may not apply to you.
Applicable Laws. DIGILENT administers this Site from its offices in Austin, Texas. DIGILENT makes no representation that materials at this Site are appropriate or available for use outside the United States, and access to them from territories where their contents are illegal is prohibited. You may not use or export or re-export the materials at this Site or any copy or adaptation thereof in violation of any applicable laws or regulations, including, without limitation, U.S. export laws and regulations. If you choose to access this Site from outside the United States, you do so on your own initiative and are responsible for compliance with applicable local laws. These Terms will be governed by and construed in accordance with the laws of the State of Texas, without giving effect to any principles of conflicts of laws.
General. DIGILENT may revise these Terms at any time by updating this posting. You should visit this page from time to time to review the then current Terms because they are binding on you. Certain provisions of these Terms may be superseded by expressly designated legal notices or terms located on particular pages at this Site.
Revised Oct 2, 2015.
NOTICE OF COPYRIGHT INFRINGEMENT CLAIMS
Digilent, Inc. and National Instruments ("NI"), Digilent's parent company, are concerned about protecting the copyright and other intellectual property rights of others. We urge you to adhere to all applicable copyright laws. We may disable or terminate any user account and remove or modify any content on our website in our discretion.
You may notify NI in writing by providing the following information to our designated agent, as required by 17 U.S.C. § 512, if you believe you have a copyright infringement claim resulting from material posted on this website:
- A physical or electronic signature of the owner, or a person authorized to act on behalf of the owner, of an exclusive right that is allegedly infringed;
- Identification of the copyrighted work, or a representative listing of the copyrighted works, claimed to have been infringed;
- Identification of the material that is claimed to be infringing or to be the subject of infringing activity and information reasonably sufficient to allow the service provider to locate the material (preferably a copy of the relevant URL);
- Information reasonably sufficient to allow us to contact you, including your address, telephone number, and if available, your electronic mail address;
- A statement that you have a good-faith belief that the use of the material as described is not authorized by the copyright owner, its agent, or the law; and
- A statement that the information in your notification is accurate, and under the penalty of perjury, that you are the owner, or are authorized to act on behalf of the owner, of an exclusive right that is allegedly infringed.
Please provide your written notification to our designated agent who may be contacted as follows:
c/o Legal Department
11500 N. Mopac Expressway
Austin, Texas 78759-3504
Fax: (512) 683-6913
Questions regarding the Digilent/NI Copyright Infringement Policy may be directed to the NI Copyright Agent by email to email@example.com or by phone to (512) 683-3534.
Revised November 6, 2007.
Terms and Conditions of Sale
The terms and conditions detailed herein ("Agreement") apply to your ("Customer") purchase from Digilent, Inc. ("Digilent") of Digilent products ("Product(s)"), as well as Digilent services and support ("Services"). THIS AGREEMENT SHALL APPLY UNLESS CUSTOMER AND DIGILENT HAVE ENTERED INTO A SEPARATE SIGNED AGREEMENT APPLICABLE TO THE PURCHASE OF THE PRODUCTS OR SERVICES. By placing an order with Digilent, Customer agrees to be bound by the terms of this Agreement. DIGILENT EXPRESSLY OBJECTS TO AND REJECTS ANY TERMS AND CONDITIONS IN CUSTOMER'S PURCHASE ORDER OR OTHER SIMILAR DOCUMENT. IF YOU DO NOT AGREE WITH THESE TERMS, PROMPTLY NOTIFY DIGILENT AND RETURN THE PRODUCT UNUSED IN ITS ORIGINAL PACKAGING TO DIGILENT.
1. PRICES AND ORDERS. Prices are set forth on www.digilentinc.com or in the quotation issued to Customer ("Quote"). All Quotes expire thirty (30) days from date of issuance, unless otherwise stated in the Quote. All orders are subject to acceptance at the sole discretion of Digilent. Orders will be considered accepted once Digilent books an order and sends Customer a sales order acknowledgement. Digilent shall not be bound by changes to an order unless agreed by Digilent in writing. Digilent reserves the right to cancel any order if any information provided by Customer to Digilent is inaccurate.
2. PAYMENT AND INVOICING. Payment is due at the time the order is placed. If Customer is approved for credit, payment shall be due within thirty (30) days from the date of invoice ("Invoice Date"). Payment shall be in the currency listed on the Digilent invoice. All sums not paid when due shall accrue interest daily at a monthly rate of the lesser of 1.5% or the highest rate permissible by law. If there are multiple units in an order, each unit will be invoiced when shipped.
3. DELIVERY, TITLE and RISK OF LOSS. Title and risk of loss to Products (for Software, the media) shall pass to Customer upon shipment from Digilent, its warehouses in Taipei Taiwan or Pullman Washington, or Digilent affiliated companies; provided however, Digilent retains a security interest and right of possession in the Products until Customer makes payment in full. Shipping fees and insurance are prepaid by Customer and added to the total invoice amount. Shipping and insurance fees are non-refundable. If the order is placed with Digilent from outside the U.S., Customer is responsible for all duties, fees, customs, formalities and clearances, and not Digilent. Shipment dates provided by Digilent are estimates only, and Digilent shall have no liability for losses or claims resulting from late delivery of Products. Claims for shipment shortage shall be deemed waived unless presented to Digilent in writing within forty-five (45) days of Invoice Date.
4. TAXES. Prices exclude, and Customer is responsible for, any and all sales, use, service, import, value added (VAT), and like taxes ("Taxes") arising from the purchase of the Products and Services. If Customer is exempt from any Taxes, it must provide Digilent with the appropriate tax exemption documentation at the time the order is placed.
5. SOFTWARE. Software is licensed pursuant to the software license agreements provided with the software. All software is licensed, not sold, and title to the software remains with the applicable licensor(s).
6. NON-DIGILENT BRANDED PRODUCTS. Non-Digilent Branded Products that Digilent resells may not be testable or repairable by Digilent, and it may be necessary for Customer to contact the manufacturer or the publisher for service. Digilent does not warrant, has no obligation to support, and shall have no liability for Non-Digilent Branded Products. The Limited Warranty and Digilent Intellectual Property Liability sections of this Agreement do not apply to the sale and purchase of Non-Digilent Branded Products. "Non-Digilent Branded Product(s)" means any third-party hardware, software, or service that Digilent sells, but does not carry a Digilent mark.
7. SERVICES. Services provided by Digilent are also subject to any service agreements or statements of work agreed upon in writing by the parties.
8. RETURN POLICY. Customer may return standard Products purchased from www.digilentinc.com for a refund of the purchase price paid within fourteen (14) days of the Invoice Date; provided the that Product is (a) returned with all accessories in the original packaging; (b) free from any damage; and (c) accompanied with the original invoice. Digilent reserves the right to charge Customer a twenty percent (20%) restocking fee for any opened or used Products. No returns will be accepted after the fourteen (14) day period has expired. A Return Material Authorization (RMA) number is required for Customer to return any Products. Acceptance of returns of customized Products and Non-Digilent Branded Products is in the sole discretion of Digilent.
9. LIMITED WARRANTY. For a period of thirty (30) days from the Invoice Date, Digilent warrants that its Products will be free of defects in materials and workmanship that cause the Products to fail to substantially conform to the applicable Digilent published specifications. If Digilent receives notice of a defect or non-conformance during the applicable warranty period, Digilent will, in its discretion: (i) repair or replace the affected Product, (ii) re-perform the affected Services, or (iii) refund the fees paid for the affected Product or Service. Repaired or replaced Products will be warranted for the remainder of the original warranty period. If Digilent elects to repair or replace Products, DIGILENT may use new or refurbished parts or products that are equivalent to new in performance and reliability and are at least functionally equivalent to the original part or Product. Customer must obtain an RMA number from DIGILENT before returning any Product under warranty to Digilent. Customer will pay shipping expenses to send the affected Product to Digilent, and Digilent will pay shipping expenses to return the Product to the Customer. If DIGILENT concludes, after examining and testing returned Product, that it is not covered by the Limited Warranty, DIGILENT will notify Customer and return the Product at Customer's expense. Digilent reserves the right to charge a fee for examining and testing Product not covered by the Limited Warranty. This Limited Warranty does not apply if the defect of the Product or Software resulted from improper or inadequate maintenance, installation, repair, or calibration (performed by a party other than Digilent); unauthorized modification; improper environment; use of an improper hardware or software key; improper use or operation outside of the specification for the Product or Software; improper voltages; accident, abuse, or neglect; or a hazard such as lightning, flood, or other act of nature. THE REMEDIES SET FORTH ABOVE ARE EXCLUSIVE AND THE CUSTOMER'S SOLE REMEDIES, AND SHALL APPLY EVEN IF SUCH REMEDIES FAIL OF THEIR ESSENTIAL PURPOSE.
10. NO OTHER WARRANTIES. EXCEPT AS EXPRESSLY SET FORTH IN THIS AGREEMENT, PRODUCTS AND SERVICES ARE PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND AND DIGILENT DISCLAIMS ALL WARRANTIES, EXPRESSED OR IMPLIED, WITH RESPECT TO THE PRODUCTS OR SERVICES, INCLUDING ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE OR NONINFRINGEMENT, AND ANY WARRANTIES THAT MAY ARISE FROM USAGE OF TRADE OR COURSE OF DEALING. DIGILENT DOES NOT WARRANT, GUARANTEE, OR MAKE ANY REPRESENTATIONS REGARDING THE USE OF OR THE RESULTS OF THE USE OF THE PRODUCTS OR SERVICES IN TERMS OF CORRECTNESS, ACCURACY, RELIABILITY, OR OTHERWISE. DIGILENT DOES NOT WARRANT THAT THE OPERATION OF THE PRODUCTS WILL BE UNINTERRUPTED OR ERROR FREE.
11. WARNING AND CUSTOMER INDEMNITY. CUSTOMER UNDERSTANDS AND ACKNOWLEDGES THAT PRODUCTS AND SERVICES ARE NOT DESIGNED, MANUFACTURED, OR TESTED FOR USE IN LIFE OR SAFETY CRITICAL SYSTEMS, HAZARDOUS ENVIRONMENTS OR ANY OTHER ENVIRONMENTS REQUIRING FAIL-SAFE PERFORMANCE, INCLUDING IN THE OPERATION OF NUCLEAR FACILITIES; AIRCRAFT NAVIGATION; AIR TRAFFIC CONTROL SYSTEMS; LIFE SAVING OR LIFE SUSTAINING SYSTEMS OR SUCH OTHER MEDICAL DEVICES; OR ANY OTHER APPLICATION IN WHICH THE FAILURE OF THE PRODUCT OR SERVICE COULD LEAD TO DEATH, PERSONAL INJURY, SEVERE PROPERTY DAMAGE OR ENVIRONMENTAL HARM (COLLECTIVELY, "HIGH-RISK USES"). FURTHER, CUSTOMER MUST TAKE PRUDENT STEPS TO PROTECT AGAINST PRODUCT AND SERVICE FAILURES, INCLUDING PROVIDING BACK-UP AND SHUT-DOWN MECHANISMS. DIGILENT EXPRESSLY DISCLAIMS ANY EXPRESS OR IMPLIED WARRANTY OF FITNESS OF THE PRODUCTS OR SERVICES FOR HIGHRISK USES. CUSTOMER SHALL DEFEND, INDEMNIFY, AND HOLD DIGILENT HARMLESS FROM ANY AND ALL CLAIMS, LOSSES, DAMAGES, ACTIONS, INCLUDING, LAWSUITS, ARBITRATIONS, AND/OR ADMINISTRATIVE ACTIONS, AND EXPENSES (INCLUDING REASONABLE ATTORNEYS' FEES) ARISING OUT OF CUSTOMER'S USE OF THE PRODUCTS AND SERVICES FOR ANY HIGH-RISK USES, INCLUDING CLAIMS FOR PRODUCT LIABILITY, PERSONAL INJURY (INCLUDING DEATH) OR DAMAGE TO PROPERTY, REGARDLESS OF WHETHER SUCH CLAIMS ARE FOUNDED IN WHOLE OR IN PART UPON ALLEGED OR ACTUAL NEGLIGENCE OF DIGILENT.
12. SYSTEM AND APPLICATION RESPONSIBILITY AND ADDITIONAL INDEMNITY. CUSTOMER ACKNOWLEDGES THAT IT IS ULTIMATELY RESPONSIBLE FOR VERIFYING AND VALIDATING THE SUITABILITY AND RELIABILITY OF THE PRODUCTS OR SERVICES WHENEVER THE PRODUCTS OR SERVICES ARE INCORPORATED IN ITS SYSTEM OR APPLICATION, INCLUDING THE APPROPRIATE DESIGN, PROCESS, AND SAFETY LEVEL OF SUCH SYSTEM OR APPLICATION. FURTHER, CUSTOMER MUST TAKE PRUDENT STEPS TO PROTECT AGAINST PRODUCT AND SERVICE FAILURES WHEN PRODUCTS AND SERVICES ARE INCORPORATED IN A SYSTEM OR APPLICATION, INCLUDING PROVIDING BACK-UP AND SHUT-DOWN MECHANISMS. CUSTOMER SHALL DEFEND, INDEMNIFY, AND HOLD DIGILENT HARMLESS FROM ANY AND ALL CLAIMS, LOSSES, DAMAGES, ACTIONS, INCLUDING LAWSUITS, ARBITRATIONS, AND/OR ADMINISTRATIVE ACTIONS, AND EXPENSES (INCLUDING REASONABLE ATTORNEYS' FEES) ARISING OUT OF CUSTOMER'S INCORPORATION OF THE PRODUCTS OR SERVICES INTO ITS SYSTEM OR APPLICATION, REGARDLESS OF WHETHER SUCH CLAIMS ARE FOUNDED IN WHOLE OR IN PART UPON ALLEGED OR ACTUAL NEGLIGENCE OF DIGILENT.
13. INTELLECTUAL PROPERTY LIABILITY. Digilent agrees to defend any third-party claim that alleges the Products or Services infringe any U.S. patent, copyright, or trademark ("Claim"). Customer shall notify Digilent immediately upon learning of any Claim, or any allegation that the grounds for a Claim may exist, shall grant Digilent sole control over the defense and settlement of the Claim, and shall cooperate fully with Digilent in preparing a defense for any Claim. Digilent agrees to pay any final judgment or settlement resulting from any Claim, provided that the settlement is entered into in accordance with this Section. Digilent shall not be liable for a settlement made without its prior written consent. Notwithstanding the foregoing, Digilent shall have no obligation under this Section for any claim relating to or arising from (a) Customer's modifications of Products or Services; (b) failure to use Products or Services in accordance with the applicable documentation provided by Digilent; (c) the combination, operation, or use of Products with any hardware, software or service not provided by Digilent; (d) the compliance of Digilent with Customer's specifications or directions, including the incorporation of any software or other materials provided by or requested by Customer; or (e) Non-Digilent Branded Products. The foregoing states the Customer's sole remedy for, and the entire liability and responsibility of Digilent for, infringement of any patent, trademark, or copyright or other intellectual property rights. THIS LIMITED INDEMNITY IS IN LIEU OF ANY OTHER STATUTORY OR IMPLIED WARRANTY AGAINST INFRINGEMENT. In any event, if Digilent believes in its reasonable opinion the Products or Services may be alleged to be infringing, for the purposes of mitigating any potential damages, Digilent may, at its option, (i) procure for the Customer the right to continue to use the Product, or Services; (ii) replace them with comparable Product or Services that are free of such infringement; or (iii) refund the fees paid by Customer, in which case Customer shall promptly return the Product to Digilent.
14. PROPRIETARY RIGHTS. Digilent reserves all right, title, and interest in any intellectual property rights contained or embodied in Products, or resulting from the Services, including any custom developments created or provided by Digilent under this Agreement. Nothing in this Agreement will be deemed to grant to Customer any ownership rights in such intellectual property.
15. LIMITATION OF LIABILITY. DIGILENT SHALL NOT BE LIABLE FOR (I) SPECIAL, INDIRECT, INCIDENTAL, PUNITIVE, EXEMPLARY, OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR IN CONNECTION WITH THIS AGREEMENT OR THE PRODUCTS OR SERVICES; OR (II) ANY DAMAGES ARISING OUT OF OR IN CONNECTION WITH: (A) PRODUCTS OR SERVICES NOT BEING AVAILABLE FOR USE, INCLUDING ANY COSTS OF OBTAINING SUBSTITUTE PRODUCTS OR SERVICES; (B) LOSS OF, CORRUPTION OF, OR LOSS OF USE OF ANY PRODUCTS, HARDWARE, SOFTWARE OR DATA; (C) LOSS OF REVENUE, PROFIT, OR BUSINESS OPPORTUNITY; (D) BUSINESS INTERRUPTION OR DOWNTIME; OR (E) INABILITY TO ACHIEVE A PARTICULAR RESULT, EVEN IF IT IS AT SUGGESTION MADE BY DIGILENT. TO THE EXTENT PERMITTED BY APPLICABLE LAW, THE TOTAL LIABILITY OF DIGILENT ARISING OUT OF, OR IN CONNECTION WITH THIS AGREEMENT OR THE PRODUCTS OR SERVICES, SHALL NOT EXCEED THE AMOUNT OF THE FEES PAID BY CUSTOMER FOR THE SPECIFIC PRODUCT OR SERVICE GIVING RISE TO SUCH CLAIM. THIS SECTION: (1) APPLIES TO DIGILENT AND ITS LICENSORS, DISTRIBUTORS, AND SUPPLIERS (INCLUDING ITS AND THEIR DIRECTORS, OFFICERS, EMPLOYEES, AND AGENTS), (2) REFLECTS AN ALLOCATION OF RISK BETWEEN DIGILENT AND CUSTOMER IN VIEW OF THE PURCHASE PRICE OF THE PRODUCTS AND SERVICES, (3) APPLIES EVEN IF DIGILENT HAS BEEN ADVISED OF THE POSSIBILITY OF THE DAMAGES AND REGARDLESS OF WHETHER SUCH CLAIMS ARE FOUNDED IN WHOLE OR IN PART UPON ALLEGED OR ACTUAL NEGLIGENCE OF DIGILENT, AND (4) REGARDLESS OF WHETHER SUCH DAMAGES ARE BASED IN CONTRACT, WARRANTY, STRICT LIABILITY, NEGLIGENCE, TORT, OR OTHERWISE. TO THE EXTENT THE FOREGOING LIMITATION OF LIABILITY IS UNENFORCEABLE OR FAILS OF ITS ESSENTIAL PURPOSE, THE SOLE LIABILITY OF DIGILENT TO CUSTOMER SHALL BE LIMITED TO $50,000 (USD).
16. FORCE MAJEURE. Digilent shall not be responsible for any delay or failure to perform due to any cause beyond its reasonable control, including but not limited to acts of nature or governments; interruptions of telecommunications, power or transportation; failure of contractors or suppliers; or inability to obtain necessary labor or materials ("Force Majeure Event"). In the event of a Force Majeure Event, Digilent reserves the right to cancel the applicable order without any liability to Customer.
17. EXPORT AND SANCTIONS LAWS AND COMPLIANCE. Products (which, for purposes of this Section, shall include the software and technology incorporated in or supplied with a Product and Service) purchased from Digilent are subject to control under the U.S. Export Administration Regulations (15 CFR Part 730 et. seq.) administered by the U.S. Department of Commerce's Bureau of Industry and Security ("BIS") (www.bis.doc.gov) and other applicable U.S. export control laws and sanctions regulations, including those administered by the U.S. Treasury Department's Office of Foreign Assets Control ("OFAC") (www.treas.gov/ofac). In addition, Products distributed from Digilent's distribution center in Europe are subject to control under the European Union ("EU") Council Regulation No. 428/2009 and their export or intra-EU transfer may also be subject to additional licensing requirements under European Union Council Regulation No. 428/2009 and its implementing regulations. Products may not be exported or re-exported to any country where sanctions are imposed by the U.S. government (which currently includes Cuba, Iran, North Korea, Republic of Sudan and Syria but which may be modified by the U.S. government from time to time). Customer agrees it will comply with the export laws and trade sanctions of all applicable countries and will not export, re-export or transfer Products purchased from Digilent without the required license(s), including an export or re-export license issued by the U.S. authorities, or to any prohibited destination or for a prohibited end-use. Products may also require export license(s) issued by the applicable authorities before being returned to Digilent. The issuance of a Quote, a sales order acknowledgment, or an RMA by Digilent is not an export license. Customer represents and warrants it is not ineligible or otherwise restricted by U.S. or applicable law to receive Products and it will not export, re-export, or provide Products to any person or entity on OFAC's List of Specially Designated Nationals or on BIS's Denied Persons List, Entity List or Unverified List or any other applicable restricted party list. Digilent reserves the right to refuse and/or cancel any order if, at any time, Digilent believes that any export controls or trade sanctions laws may be violated. See Export Compliance at Digilent.com/legal for more information.
GenesysZU PN 410-383-3EG, and Trenz TE0802 PN 360-076, can only be shipped directly to customers. We are unable to ship to resellers or freight forwarders. By ordering this product, you certify that you are the end-user and are not purchasing this for a third party.
18. GOVERNING LAW. This Agreement shall be governed by the laws of the State of Washington, U.S.A., without regard to principles of conflicts of laws. The parties submit to the personal jurisdiction of the state and federal courts in Whitman County, Washington. The parties expressly agree that the provisions of the United Nations Convention on Contracts for the International Sale of Products will not apply to this Agreement.
19. LIMITATION PERIOD. DIGILENT SHALL NOT BE LIABLE FOR ANY CLAIM ARISING UNDER THIS AGREEMENT BROUGHT MORE THAN TWO YEARS AFTER THE CAUSE OF ACTION FOR SUCH CLAIM FIRST AROSE.
20. UPDATES. Digilent reserves the right to update this Agreement at any time, effective upon posting an updated version at www.digilentinc.com; however, the terms and conditions in effect at the time of purchase shall apply to that purchase of Products or Services.
21. GENERAL TERMS. This Agreement, and any terms incorporated herein by reference, constitutes the entire Agreement between the parties with respect to the subject matter hereof and supersedes all prior understandings or agreements, whether written or oral, with respect to that subject matter. Customer acknowledges reading this Agreement, understands these terms, and agrees to be bound by them. This Agreement may not be altered, supplemented, or amended by the use of any other document unless otherwise agreed in writing by Digilent. No delay or failure by Digilent to exercise any right it has under this Agreement shall impair or be construed as a waiver of such right. A waiver of any provision of this Agreement must be in writing and shall not be construed as a waiver or modification of any other term hereof, or as a continuing waiver of any provision. The term 'including' as used in the Agreement should be construed as 'including without limitation'. If any part, term, or provision of this Agreement is held illegal, unenforceable, or in conflict with any applicable and enforceable law, the validity of the remaining portions or provisions of this Agreement shall not be affected. The doctrine that any ambiguity contained in a contract shall be construed against the party whose counsel has drafted the contract is expressly waived by each of the parties with respect to this Agreement.
EXPORT AND SANCTIONS LAWS AND COMPLIANCE
Products purchased from Digilent are subject to control under the U.S. Export Administration Regulations (15 CFR Part 730 et. seq.) administered by the U.S. Department of Commerce's Bureau of Industry and Security ("BIS") and other applicable U.S. export control laws and sanctions regulations, including those administered by the U.S. Treasury Department's Office of Foreign Assets Control ("OFAC").
Products may not be purchased for use in, exported or re-exported to, any country where sanctions are imposed by the U.S. government (which currently includes Cuba, Iran, North Korea, Republic of Sudan and Syria but which may be modified by the U.S. government from time to time. Customers in Russia may contact Digilent to review import options). Customer agrees it will comply with the export laws and trade sanctions of all applicable countries and will not export, re-export or transfer Products purchased from Digilent without the required license(s), including an export or re-export license issued by the U.S. authorities, or to any prohibited destination or for a prohibited end-use. Products may also require export license(s) issued by the applicable authorities before being returned to Digilent. The acceptance of an order on the Digilent website, the issuance of a Quote, a sales order acknowledgment, or an RMA by Digilent is not an export license. Customer represents and warrants it is not ineligible or otherwise restricted by U.S. or applicable law to receive Products and it will not export, re-export, or provide Products to any person or entity on OFAC's List of Specially Designated Nationals or on BIS's Denied Persons List, Entity List or Unverified List or any other applicable restricted party list. Digilent reserves the right to refuse and/or cancel any order if, at any time, Digilent believes that any export controls or trade sanctions laws may be violated.
Digilent Privacy Statement
This privacy statement applies to all website owned and operated by Digilent Inc. (“Digilent”) including www.digilentinc.com, www.digilent.com, and others. This privacy statement describes how Digilent collects and uses the personal information you provide on our websites. It also describes the choices available to you regarding our use of your personal information and how you can access and update this information.
Your right to privacy is a priority to us at Digilent. Therefore, this statement is a corporate-wide guideline and is not limited to our online business. We do not sell your information to outside organizations. Our goal in gathering information is to consistently improve our relationship with you, our customer.
We use the following guidelines to protect the information we collect during your visit to our website, www.digilentinc.com; over the telephone; at trade shows; or through any other interaction. Because these guidelines affect you, please read them carefully and contact us if you have any questions or concerns.
Is my information shared with third parties?
To keep your information confidential, Digilent does not release your personal information, except as we describe below or as required by law. We only use the personal information you provide to support and develop your relationship with Digilent, our affiliates, and our strategic business partners as described below. Some of these partners and affiliates may be located in other countries. By agreeing to this Privacy Statement and providing your personal information you agree to its use and disclosure for the limited purpose described below.
Tracking Technologies / Cookies
Digilent may use automatic data collection technologies including cookies and web beacons to collect information on your browsing activity on Digilent websites. This information may be used to improve your web experience or to deliver targeted content to you. Digilent does not provide personally-identifying information to third parties. More information can be found here.
We may provide your personal information to companies that provide services to help us with our business activities such as email campaigns, employment opportunities and our forums and internal communities. These companies are authorized to use your personal information only as necessary to provide these services to us.
Release of Information
Social Media Features
Our Web site includes Social Media Features, such as the Facebook and LinkedIn buttons. These Features may collect your IP address, which page you are visiting on our site, and may set a cookie to enable the Feature to function properly. Social Media Features are either hosted by a third party or hosted directly on our Site. Your interactions with these Features are governed by the privacy statement of the company providing it.
Is my information public in the public forum?
Please remember that any information (including personal information) that you disclose in public areas of our website, such as the Alliance Partner program, Digilent Discussion Forums, chat rooms, forums, message boards, blog, or other public forums such as trade shows or conventions, becomes public information that others may collect, circulate, and use. By using an alias in these public areas, you do not reveal any personal information. Any text you include in a message is public. Because Digilent cannot and does not control the acts of others, you should exercise caution when deciding to disclose information about yourself or others in public forums such as these.
Does Digilent maintain third-party website links?
Third parties control the content of all third-party websites that are linked to our website, and are provided as a benefit to you. If you submit personal information to any of those sites, your information is governed by their privacy statements. We encourage you to carefully read the privacy statement of any Web site you visit. Digilent uses certain application service providers (ASPs) to provide specific services to enhance your online experience. ASPs do not sell or distribute your personal information. They are bound by this Privacy Statement.
Digilent may send emails (offers, discounts, announcements, newsletters, etc.) to the email address used to checkout on Digilent's website(s). You may opt-out of commercial emails from Digilent by following the instructions listed at the bottom of the email.
How can I contact Digilent Inc.?
If you have any questions about this Privacy Statement, the practices of our website, or your dealings with Digilent, please contact:
Digilent Privacy Officer
1300 NE Henley Court
Pullman, WA 99163 USA
Last edited Sep 16 2016.
Last Updated: April 22, 2020
What are cookies?
Cookies are data files that can hold small amounts of information and are stored on your device when you visit a website. Some cookies allow us to make it easier for you to navigate our website, while others enable you to remain logged in or allow us to track your activities at our website.
Cookies may be grouped into two general categories: session and persistent cookies.
Session Cookies: Session cookies exist only during an online session. They disappear from your device when you close your browser or turn off your device. We use session cookies to allow our systems to uniquely identify you during a session or while you are logged into our website or a Digilent Forum. This allows us to process your online transactions and requests and to verify your identity as you move through our website and the Digilent Forum.
Persistent Cookies: Persistent cookies remain on your device after you have closed your browser or turned off your device. We use persistent cookies to track aggregate and statistical information about user activity on our website.
How do we use them?
- Essential operations, like site navigation;
- Remembering your language and other preferences;
- Personalizing the content you see on our website;
- Allowing you to make purchases online;
- Analyzing visitor numbers and behaviors, such as what pages are frequently visited;
- Assessing the success of our advertising campaigns and communications; and
- Delivering advertising, communications and content on our website and other websites specific to your interests.
How to manage cookies
Most web browsers allow you to manage cookies. Depending on your preferences, you can edit your browser options to block them in the future. The Help section on most browsers will tell you how to prevent your computer from accepting new cookies, how to have the browser notify you when you receive a new cookie, or how to disable cookies altogether. Visitors to our website and services who disable cookies will be able to browse certain areas of the website, but some features may not function properly.
Third Party Targeted Display Advertising Cookies
If you do not wish to have cookies used for the purpose of serving you targeted ads, you may opt-out of publishers’ content by visiting https://preferences-mgr.truste.com (or if located in the European Union click https://www.youronlinechoices.eu/). Please note this does not opt you out of being served all advertising. You will continue to receive generic ads.
“Do Not Track” signals