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DISCLAIMER OF WARRANTY & LIMITATION OF LIABILITY

DISCLAIMER OF WARRANTY
VIS DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE AVAILABILITY, USE, TIMELINESS, SECURITY, VALIDITY, ACCURACY, OR RELIABILITY OF, OR THE RESULTS OF THE USE OF, OR OTHERWISE RESPECTING THE CONTENT OF THE SITE OR ANY OTHER WEB SITES LINKED TO OR FROM THE SITE. ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SITE IS DONE AT YOUR OWN DISCRETION AND RISK AND YOU ARE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL, OR THE USE OF THE CONTENT PROVIDED. THE CONTENT OF THE SITE IS PROVIDED "AS IS" AND ON AN "AS AVAILABLE" BASIS, WITHOUT WARRANTIES OF ANY KIND EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT POSSIBLE PURSUANT TO APPLICABLE LAW, VIS DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, INCLUDING BUT NOT LIMITED TO, AUTOMOTIVE, DEFENSE, AEROSPACE, MILITARY, MEDICAL, LIFE SAVING, LIFE SUSTAINING, CRITICAL CONTROL OR SAFETY SYSTEMS, OR NUCLEAR FACILITY APPLICATIONS, NON-INFRINGEMENT OR OTHER VIOLATION OF RIGHTS. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM VIS SHALL BE DEEMED TO ALTER THIS DISCLAIMER OF WARRANTY, OR TO CREATE ANY WARRANTY.CONTENTS SUCH AS REFERENCE DESIGN AND LAYOUT DATABASE RELEASED AS PRELIMINARY ARE SUBJECT TO FURTHER VERIFICATION, QUALIFICATION, MODIFICATION AS WELL AS FABRICATION PROCESS VARIATIONS WITHOUT WARRANTIES OF ANY KIND AND ARE SUBJECT TO CHANGES OR UPDATES WITHOUT NOTICE.

LIMITATION OF LIABILITY
VIS WILL NOT BE LIABLE FOR ANY DAMAGE OF ANY KIND ARISING OUT OF OR RELATING TO THE USE OR THE INABILITY TO USE THIS SITE, ITS CONTENT OR LINKS, INCLUDING BUT NOT LIMITED TO DAMAGES CAUSED BY OR RELATED TO ERRORS, OMISSIONS, INTERRUPTIONS, DEFECTS, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS, LINE FAILURE, AND ALL OTHER DIRECT, INDIRECT, SPECIAL, INCIDENTAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES EVEN IF VIS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. VIS' TOTAL LIABILITY TO YOU FOR ALL LOSSES, DAMAGES, AND CAUSES OF ACTION, INCLUDING BUT NOT LIMITED TO THOSE BASED ON CONTRACT, TORT OR OTHERWISE, ARISING OUT OF YOUR USE OF THIS SITE, ITS CONTENT OR LINKS, SHALL NOT EXCEED THE AMOUNT YOU PAID TO ACCESS THIS SITE.

LIMITATION OF PRODUCT LIABILITY
VIS WARRANTS THAT THE WAFER FOUNDRY SERVICES PRODUCTS (PRODUCTS) DELIVERED TO CUSTOMERS SHALL MEET THE QUALITY AND RELIABILITY SPECIFICATIONS AND SHALL BE FREE FROM DEFECTS IN MATERIAL AND WORKMANSHIP UNDER NORMAL USE FOR A PERIOD OF ONE (1) YEAR FROM THE DATE OF SHIPMENT. IF, DURING THE ONE YEAR PERIOD, I) VIS IS NOTIFIED PROMPTLY IN WRITING A DETAILED DESCRIPTION OF THE ALLEGED DEFECTS UPON DISCOVERY OF ANY DEFECTS IN THE PRODUCTS, II) SUCH PRODUCTS ARE RETURNED TO VIS FACTORY, AND III) VIS'S EXAMINATION OF SUCH PRODUCTS REVEALS THAT SUCH PRODUCTS ARE INDEED DEFECTIVE AND DEFECTS ARE NOT CAUSED BY ACCIDENT, ABUSE, MISUSE, NEGLECT, IMPROPER INSTALLATION OR PACKAGING, REPAIR OR ALTERATION BY SOMEONE OTHER THAN VIS, OR IMPROPER TESTING OR USE CONTRARY TO INSTRUCTIONS GIVEN BY VIS, THEN VIS WILL, AT ITS OPTION, EITHER REPAIR, REPLACE, OR CREDIT CUSTOMER FOR SUCH DEFECTIVE PRODUCTS. CUSTOMER WARRANTS AND REPRESENTS THAT IT HAS THE RIGHT AND AUTHORITY TO THE DESIGN PATTERNS, FURTHERMORE, CUSTOMER AGREES TO DEFEND, INDEMNIFY AND HOLD VIS HARMLESS FROM AND AGAINST ANY AND ALL CLAIMS, LIABILITY FOR DAMAGES, COSTS, AND EXPENSES (INCLUDING REASONABLE ATTORNEY'S FEES AND DISBURSEMENTS) ARISING OUT OF ANY NONCOMPLIANCE BY ANY THIRD PARTY OR ITS AFFILIATES OR AGENTS WITH THE LAWS, RULES OR REGULATIONS OF ANY JURISDICTION. THE PROVISION ABOVE AUTOMATICALLY BECOMES EFFECTIVE IF NO OBJECTION TO THE CONTENTS OF THE PROVISION IS RAISED WITHIN 3 DAYS IN WRITING.

THE FOREGOING WARRANTY SHALL BE IN LIEU OF ANY AND ALL OTHER WARRANTIES, EXPRESS, IMPLIED OR STATUTORY, INCLUDING BUT NOT LIMITED TO, THE WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, ALL OF WHICH ARE HEREBY EXPRESSLY DISCLAIMED.