Cautions on Simulation Model

The customer(s) can use of the simulation model provided by Toshiba Electronic Devices & Storage Corporation, and its subsidiaries and affiliates (collectively "TOSHIBA") following by the "Agreement on Simulation Model" that the customer has agreed to when downloading from our website, or based on the agreement of the terms of use provided by third party. Please be sure to check the latest contents as the terms and conditions are subject to change.

1. "Product" means semiconductor products of TOSHIBA.
2. "This DATA" means Simulation Model for the Products listed in the WEBSITE.

1. This DATA is provided solely for the purpose of performing the functional evaluation of the Product. Customer shall not use this DATA for any other purpose, including without limitation, verification of reliability.
2. Customer shall not incorporate this DATA into your products or system. This DATA is for Customer's own use and not for sale, lease or other transfer.
3. Customer shall not disassemble, analyze, reverse-engineer, alter, modify, translate or copy this DATA, whether in whole or in part.
4. Customer shall not use this DATA for evaluation in high or low temperature, high humidity, or high electromagnetic environments.
5. This DATA shall not be used for or incorporated into any products or systems whose manufacture, use, or sale is prohibited under any applicable laws or regulations.

1. TOSHIBA reserves the right to make changes to this DATA without notice.
2. This DATA should be treated as a reference only. TOSHIBA is not responsible for any incorrect or incomplete data and information.
3. Though TOSHIBA works continually to improve Product's quality and reliability, Product can malfunction or fail. Customers are responsible for complying with safety standards and for providing adequate designs and safeguards for their hardware, software and systems which minimize risk and avoid situations in which a malfunction or failure of Product could cause loss of human life, bodily injury or damage to property, including data loss or corruption. Before creating and producing designs, Customers must also refer to and comply with the latest versions of all relevant TOSHIBA information, including without limitation, this document, the data sheets and application notes for Product, the precautions and conditions set forth in the "TOSHIBA Semiconductor Reliability Handbook" and the instructions for the application that Product will be used with or for.
4. Customers are solely responsible for all aspects of their own product design or applications, including but not limited to (a) determining the appropriateness of the use of this Product and/or this DATA in such design or applications; (b) evaluating and determining the applicability of the Product and/or this DATA; and (c) validating all operating parameters for such designs and applications. TOSHIBA ASSUMES NO LIABILITY FOR CUSTOMERS' PRODUCT DESIGN OR APPLICATIONS.
5. This DATA is provided solely for performing the functional evaluation of the Product intended for use in general electronics applications (e.g., computers, personal equipment, office equipment, measuring equipment, industrial robots and home electronics appliances) or for specific applications as stated in this document. This DATA is neither intended nor warranted to be used for functional evaluation of a semiconductor product intended for use in equipment or system that requires extraordinarily high levels of quality and/or reliability and/or a malfunction or failure of which may cause loss of human life, bodily injury, serious property damage or serious public impact ("Unintended Use"). Unintended Use includes, without limitation, equipment used in nuclear facilities, equipment used in the aerospace industry, lifesaving and/or life supporting medical equipment, equipment used for automobiles, trains, ships and other transportation, traffic signaling equipment, equipment used to control combustions or explosions, safety devices, elevators and escalators, and devices related to power plant. Do not use this DATA for functional evaluation of a semiconductor product intended for Unintended Use. When this DATA is for functional evaluation of a semiconductor product intended for specific applications as stated in the Product's document, use this DATA for functional evaluation of the semiconductor product only for those specific applications and not for any other use.
6. This DATA is provided solely for the purpose of performing the functional evaluation of the Product. No responsibility is assumed by TOSHIBA for any infringement of patents or any other intellectual property rights of third parties that may result from the use of this DATA. No license to any intellectual property right is granted by this Agreement, whether express or implied, by estoppel or otherwise.
7. THIS DATA IS PROVIDED "AS IS". TOSHIBA (a) ASSUMES NO LIABILITY WHATSOEVER, INCLUDING WITHOUT LIMITATION, INDIRECT, CONSEQUENTIAL, SPECIAL, OR INCIDENTAL DAMAGES OR LOSS, INCLUDING WITHOUT LIMITATION, LOSS OF PROFITS, LOSS OF OPPORTUNITIES, BUSINESS INTERRUPTION AND LOSS OF DATA, AND (b) DISCLAIMS ANY AND ALL EXPRESS OR IMPLIED WARRANTIES AND CONDITIONS RELATED TO THIS DATA, INCLUDING WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, ACCURACY OF INFORMATION, OR NONINFRINGEMENT.

Customer shall not use or otherwise make available this DATA for any military purposes, including without limitation, for the design, development, use, stockpiling or manufacturing of nuclear, chemical, or biological weapons or missile technology products (mass destruction weapons). This DATA may be controlled under the applicable export laws and regulations including, without limitation, the Japanese Foreign Exchange and Foreign Trade Law and the U.S. Export Administration Regulations. Export and re-export of this DATA are strictly prohibited except in compliance with all applicable export laws and regulations.

This Agreement shall be governed and construed by laws of Japan.

Unless otherwise specified, the Tokyo District Court shall be exclusively the court of first jurisdiction for all disputes related to this DATA.