Certificate of Non-Qualified

Engineering Samples

As a consideration for the right to sample preliminary pre-

production devices prior to full qualification and production

release ("Engineering Samples") by National Semiconductor

Corporation, including its wholly-owned subsidiaries ("Na-

tional"), user agrees to accept such Engineering Samples

“AS IS” IN PRE-PRODUCTION FORM WITHOUT WAR-

RANTY OF ANY KIND for the sole purpose of engineering

evaluation and testing.

NATIONAL PROVIDES THE ENGINEERING SAMPLES

"AS IS" AND HEREBY DISCLAIMS ALL WARRANTIES,

EXPRESSED, IMPLIED OR OTHERWISE, INCLUDING

WARRANTIES OF MERCHANTABILITY, FITNESS FOR A

PARTICULAR PURPOSE, AND NON-INFRINGEMENT OF

INTELLECTUAL PROPERTY RIGHTS. NATIONAL DOES

NOT ASSUME OR AUTHORIZE ANY OTHER PERSON TO

ASSUME FOR IT ANY OTHER LIABILITY IN CONNEC-

TION WITH THE ENGINEERING SAMPLES. THE ENTIRE

RISK AS TO THE QUALITY, OR ARISING OUT OF THE

USE

OR

PERFORMANCE

OF

THE

ENGINEERING

SAMPLES REMAINS WITH USER. IN NO EVENT SHALL

NATIONAL BE LIABLE IN CONTRACT, TORT, WARRANTY,

STRICT LIABILITY, OR OTHERWISE FOR ANY SPECIAL,

INDIRECT, INCIDENTAL OR CONSEQUENTIAL DAM-

AGES, INCLUDING BUT NOT LIMITED TO, THE COST OF

LABOR, REQUALIFICATION, DELAY, LOSS OF PROFITS

OR GOODWILL, EVEN IF NATIONAL IS ADVISED OF THE

POSSIBILITY OF SUCH DAMAGES.

National reserves the right, at any time and without notice, to

modify the circuitry and/or specifications of such Engineering

Samples prior to National’s full qualification and PRODUC-

TION of such Engineering Samples. National makes no

representation that National will continue production of such

Engineering Samples in the pre-production form subsequent

to full qualification and production release of such Engineer-

ing Samples.

www.national.com

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