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 protected] 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
Effective Date: February 20, 2023
While Digilent is an NI company, this privacy statement applies to all websites owned and operated by Digilent Inc. (“Digilent”) including www.digilentinc.com, www.digilent.com and www.multisim.com. 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 apply the following guidelines to personal information we collect during your visit to our websites, via telephone or text messages, at trade shows or through any other interaction. We do not sell your information to outside organizations, but we may share it with trusted third parties for limited purposes we describe here. Our goal in gathering information is to consistently improve our relationship with you, our customer.
Personal Information Digilent May Collect
“Personal Information,” as used in this Privacy Statement, means any information or set of information that identifies or could be used to identify an individual or household.
The Personal Information we collect may fall into any of the following categories:
- Identifiers such as your first and last name, email address, postal address, phone number, user account name and password, social media handle, date of birth, proof of employment eligibility (if you are applying for a job), or other similar identifiers;
- Protected characteristics such as your gender, age, race, or other protected classifications under applicable law;
- Financial information such as bank or credit card numbers or other financial information;
- Audio, electronic, visual, or similar information such as photographs of you, biometric identifiers, IP address or voice recordings from you;
- Professional information such as information about your employer, job history, job interests, or job title;
- Education information such as your education history, degrees or certifications obtained; or
- Communications. When you participate in polls or surveys, register for an event or contact us, we may maintain a record of that communication including any Personal Information you provide in the communication.
We may ask you to provide Personal Information when you:
- Use our website or applications;
- Activate a software license or register software;
- Request quotes, services, support, downloads, trials, whitepapers, training or information;
- Place orders for products or services;
- Create and manage a user account;
- Register for events or webinars;
- Participate in surveys, sweepstakes or other promotional activities online or in any other venue;
- Provide a testimonial, participate in a focus group or provide customer feedback;
- Subscribe to newsletters, marketing and promotional emails or other materials;
- Apply for a job; or
- Contact us.
You may choose not to provide Personal Information or withdraw any consent you may have provided to our processing your information at any time, although it may affect our ability to provide you with relevant information or services.
For some areas of our site and through other interactions with Digilent, we ask you to provide additional Personal Information that helps us enhance your site visit, assists you with technical support issues, permits post-visit follow-up and to communicate with you about order processing, product recalls or returns, service contract entitlements, and other matters essential to the software or related services. This information might include your name, email address, company information, job title, mailing address, application information, product preferences, or contact preferences.
Information Collected from Third Parties
In order to offer you a more consistent and personalized experience in your interactions with Digilent, information collected through one source may be combined with information we obtain from other sources. This may include information that allows us to identify you across multiple devices through which you access our websites. We may also supplement the information we collect from you with information obtained from other parties, including our trusted business partners and other third parties. Examples of how we may use this information include using your data to help us to improve your experience using our website, to apply appropriate discounts for which you qualify, to follow up with you after events, and to help prevent and detect fraud.
How Digilent May Use Your Personal Information
Digilent may use your Personal Information to:
- Deliver the products, services and support or carry out the transactions you have requested;
- Send communications to you, including information about product safety, your transaction status including notifications about products in your cart and order confirmations, specific Digilent programs in which you have chosen to participate, Digilent products and services, events, promotional offers and market surveys;
- Facilitate your use of our website and online community forums, including customizing webpage language and content;
- Facilitate communications from our authorized distributors and business partners;
- Customize, analyze and improve our products and services (including the content and advertisements on our website to identify usage trends or determine the effectiveness of our marketing campaigns), technologies, communications and relationship with you;
- Better understand our customers and online users, including identifying your interests based on your interactions with our site;
- Personalize content and implement your preferences;
- Enforce our conditions of sale, website terms and separate contracts (if applicable) with you;
- Prevent fraud and other prohibited or illegal activities;
- Protect the security or integrity of our websites, our businesses, and our products or services; or
- Perform other functions or serve other purposes, as disclosed to you at the point of collection, or as required or permitted by law.
Legal bases of processing
Our legal basis for collecting and using your Personal Information as described in this Privacy Statement depends on the Personal Information concerned, the specific context in which we collect it and how it is to be used. In general, we collect and process your Personal Information on one or more of the following bases:
- To comply with a contractual obligation (for example, using your shipment details to make delivery where you have bought a product from us or using your email address where you have asked us to provide you with a quote). We will advise you upon collection whether the provision of your Personal Information is mandatory and of the possible consequences if you do not provide us with your information.
- For compliance with Digilent’s legal obligations where other laws require the processing of your Personal Information (for example, health and safety, taxation and anti-money laundering laws) or where we need your Personal Information to protect your vital interests or those of another person.
- Digilent’s (and its business partners’) legitimate interests which include the provision of this website and/or relevant products and services, and/or the carrying out of marketing and personalizing activities, provided always that our legitimate interests are not outweighed by any prejudice or harm to your rights and freedoms.
If you have any questions or need more information concerning the legal basis on which we collect your Personal Information, please contact us at [email protected].
Retention of your Personal Information
We will retain your information for as long as your account is active or as needed to provide you support or services, and in accordance with Digilent’s retention practices and legal requirements. This retention will continue, for example, as necessary to comply with our legal obligations, resolve disputes, and enforce our agreements.
How Digilent May Share Personal Information
Digilent only uses the personal information you provide to support and develop your relationship with Digilent, our affiliates, and our strategic business partners. Some of these partners and affiliates may be located in other countries. Except as described below, we will not disclose your Personal Information to third parties for their own marketing purposes without your consent.
We may share your Personal Information with these categories of third parties for the following purposes:
Service providers and business partners
Digilent engages service providers, online advisors and business partners to assist us with operating and providing your access to our website and other services. These service providers or business partners may perform advertising services, process secure payments, fulfill orders, optimize services, provide integration services for our customers, provide technical services, send newsletters and surveys, support email and our online community and forum services, administer polls and surveys, and analyze information to help us improve our business. Some of our service providers or business partners may engage their own service providers or business partners to further assist us. In those instances, the receiving party is not permitted to retain, use or disclose Personal Information for any purpose other than for performing the specific business purpose on our behalf.
Digilent occasionally partners with other companies in an effort to provide the most relevant and detailed information for your measurement and automation applications. In some cases, Digilent and such third parties conduct joint seminars where we may conduct joint marketing activities in which both Digilent and the third party receive your Personal Information after providing appropriate notice to you and an opportunity for you to opt out of sharing your Personal Information for marketing activities.
Where required by law or for other protective reasons
We may share your Personal Information with law enforcement agencies, courts, other government authorities or other third parties where we believe it necessary to comply with a legal or regulatory obligation or otherwise to protect our rights or the rights of any third party.
We also may share your Personal Information in connection with fraud protection or other legal action, or if Digilent reasonably believes it is necessary to protect Digilent, its customers or the public.
In the context of a merger, acquisition or sale
We may share your Personal Information with potential transaction partners, service providers, advisors and other third parties in connection with negotiation or completion of a corporate transaction in which Digilent is acquired by or merged with another company or in which Digilent sells or transfers all or a portion of its assets or business.
The Personal Information we may share with third parties as described in this section may include these categories:
Internet or other electronic network activity information;
Audio, electronic, visual, or similar information;
Education information; and
Digilent may use automatic data collection technologies including cookies and similar technologies to collect information about your browsing activity on Digilent websites. This information may be used to improve your experience on our websites, save you time by eliminating the need to enter the same information repeatedly or to deliver targeted content to you.
A cookie is a piece of text that is placed on your computer's hard drive. Depending on the settings you have selected, your browser adds the text to your device as a small file. Many browsers are set to accept cookies by default. You have the ability to accept or decline cookies as you prefer. The Help portion of your web browser, most likely found on the toolbar, typically tells you how to prevent your browser from accepting new cookies, how to have the browser notify you when you receive a new cookie, or how to disable cookies altogether.
We also use scripts, pixels and similar technology, that help us manage content on our site. For example, we may use scripts to personalize your experience to show you products that support your industry. We may also use these technologies to identify the most popular locations on our site, to help us make more of our pages valuable to our customers and to troubleshoot any issues our customers raise about our site’s operation.
Targeted Display Advertising
If you do not wish to have this information used for the purpose of serving you targeted ads, you may opt-out of publishers’ content by visiting preferences-mgr.truste.com (or if located in the European Union click 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
How Digilent Secures Your Personal Information
The security of your Personal Information is important to us. We follow generally accepted standards to protect your Personal Information from misuse, interference and loss, as well as from unauthorized access, modification or disclosure. The ways we do this include:
- using encryption when collecting or transferring sensitive information, such as credit card details;
- limiting physical access to our premises;
- limiting access to the information we collect about you;
- ensuring that we and our business partners have appropriate security safeguards to keep Personal Information secure; and
- where required by law, destroying or de-identifying Personal Information.
No method of transmission over the Internet, or method of electronic storage, is 100% secure, however. Therefore, we cannot guarantee its absolute security. We encourage you to keep any passwords you use confidential and to be careful to avoid “phishing” scams where someone may send you an email that appears to be from Digilent asking for your personal information. Digilent will not request your ID or password through email.
When you see either a solid key icon or a locked padlock icon next to the URL in your browser window, your connection with our site including transfer of sensitive payment information you may enter, is secured through Secure Sockets Layer (SSL). If you do not see one of these icons, please contact Digilent by phone to complete your transaction.
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.
Digilent Discussion Forums and similar features
Any information (including personal information) that you choose to disclose in public areas of our website, such as Digilent Discussion Forums, message boards, blog, or other public forums such as trade shows or conventions, becomes public information that others may collect, circulate, and use. Any text you include in a message is public. Because Digilent cannot and does not control the acts of others, please exercise caution when deciding whether to disclose information about yourself or others in public forums such as these. To request removal of a posting you have made or removal of your Personal Information from our blog or Digilent Discussion Forum, contact [email protected]. In some cases, we may not be able to remove your Personal Information, in which case we will let you know the reason we are unable to do so.
Links to third-party websites
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.
Accessing and Updating Your Information
Digilent wants to help you keep your Personal Information accurate. To access, correct, change, update or delete your Personal Information on www.digilent.com, visit and log into your account or contact [email protected]. We promptly record any request for changes to your communication preferences in our internal customer databases; please allow 10 business days for these changes to take effect.
EU data protection rights
Where the processing of your Personal Information is subject to EU data protection laws, you have the following data subject rights. Please note that these rights are not absolute and in certain cases are subject to conditions as specified in applicable law.
- Access: Request access to your personal data, as that term is defined in the GDPR;
- Rectification: Request correction of your personal data;
- Erasure: Request erasure of your personal data;
- Objection: Object to some processing of your personal data;
- Restriction: Request restriction of processing of your personal data;
- Portability: Request the transfer of your personal data to you or to a third party;
- Withdrawal of Consent: Withdraw your consent to processing your personal data; or
- Automated Decision-Making: The right not to be subject to having a decision made about you that is based solely on automated processing if that decision produces legal or similarly significant effects concerning you.
In addition to the above, you have the right to lodge a complaint with a supervisory authority if you consider that our processing of your Personal Information infringes applicable data protection law.
If you have any questions about the type of Personal Information we hold about you or if you wish to request deletion or correction of Personal Information we hold about you, or to submit a Data Subject Access Request to exercise any other data subject right, please use our Data Request Form or send a written request to [email protected] or to the postal address provided at the bottom of this Privacy Statement. While we will make reasonable efforts to accommodate your request, we reserve the right to reject such access requests or to impose restrictions or requirements upon such requests if required or permitted by applicable law.
California site visitors and customers
In accordance with the requirements of the California Consumer Privacy Act, as amended, you may have certain rights in relation to your Personal Information. These rights may include the rights to:
- access and receive a portable copy of your Personal Information;
- to delete your Personal Information (subject to certain limitations under applicable law);
- to receive information about our use of your Personal Information;
- to be free from discrimination in response to exercising these rights conferred by law; and
- to direct that your Personal Information not be sold or shared for the purpose of targeted advertising.
To exercise any of these rights or to request that your Personal Information not be shared with third parties for tracked advertising purposes, please use our Data Request Form, contact [email protected] or call NI toll-free at (877) 388-1952. Digilent does not sell Personal Information, but may share Personal Information as described in this Privacy Statement.
Managing Your Communication Preferences
Digilent may send emails (offers, discounts, announcements, newsletters, etc.) to the email address used to create an account on Digilent's website(s). You can change your communication preferences, including opting out of all marketing communications, at any time. You may use one of the following options to express and manage your preferences, including:
- Unsubscribe by using the link at the bottom of any marketing email communications we send you.
- Make your request by sending an email to [email protected], calling (877) 388-1952 or contact us at the address listed at the bottom of this Privacy Statement.
We will respond to your request to access within 30 days.
Any marketing by Digilent, or any third parties on behalf of Digilent, will be conducted in accordance with applicable laws and include (where applicable) methods to allow you to express your preferences (including the possibility of being removed from our advertising and marketing lists as set out above).
If you opt out of receiving marketing communications, we may still communicate with you in connection with transactions you request and/or service related matters.
Children’s Personal Data
Digilent takes children’s privacy seriously. We do not knowingly collect personal information from children through our website. If you are a child as understood by laws of your country, please do not submit any Personal Information through our website.
Notification of Privacy Statement changes
We may update this privacy statement at any time to reflect changes to our information practices. If we make any material changes, we will notify those with user accounts by email (sent to the e-mail address specified in your account) or post a notice on this site prior to the change becoming effective. All updated versions of this privacy statement will include an updated posted effective date. We encourage you to periodically review this page for the latest information on our privacy practices.
How can I contact Digilent?
If you have any questions about this Privacy Statement or Digilent’s privacy practices, please contact:
Attn: Privacy Officer
1300 NE Henley Court
Pullman, WA 99163 USA