AB08X5 Real-Time Clock Family

Date of Issue: October 16, 2014

3.0 x 3.0 mm

Page 33 of 33

Abracon Drawing #453567

Revision: C

OR DEFAULT OF AB, HOWEVER CAUSED, AND UNDER ANY THEORY OF LIABILITY. BUYER’S

SOLE REMEDY AND AB’S SOLE AND TOTAL LIABILITY FOR ANY CAUSE OF ACTION,

WHETHER IN CONTRACT (INCLUDING BREACH OF WARRANTY) OR TORT (INCLUDING NEG-

LIGENCE OR MISREPRESENTATION) OR UNDER STATUTE OR OTHERWISE SHALL BE LIM-

ITED TO AND SHALL NOT EXCEED THE AGGREGATE AMOUNTS PAID BY BUYER TO AB FOR

PRODUCTS WHICH GIVE RISE TO CLAIMS. BUYER SHALL ALWAYS INFORM AB OF ANY

BREACH AND AFFORD AB REASONABLE OPPORTUNITY TO CORRECT ANY BREACH. THE

FOREGOING LIMITATIONS SHALL APPLY REGARDLESS OF WHETHER AB HAS BEEN

ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND NOTWITHSTANDING THE FAILURE

OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY.

13. Improper Use: Buyer agrees and covenants that, without AB’s prior written approval, Products will

not be used in life support systems, human implantation, nuclear facilities or systems or any other

application where Product failure could lead to loss of life or catastrophic property damage (each such

use being an “Improper Use”). Buyer will indemnify and hold AB harmless from any loss, cost, or

damage resulting from Improper Use of the Products.

14. Miscellaneous: In the event of any insolvency or inability to pay debts as they become due by Buyer,

or voluntary or involuntary bankruptcy proceeding by or against Buyer, or appointment of a receiver or

assignee for the benefit of creditors of Buyer, AB may elect to cancel any unfulfilled obligations. No

Products or underlying information or technology may be exported or re-exported, directly or indi-

rectly, contrary to US law or US Government export controls. AB will be excused from any obligation

to the extent performance thereof is caused by, or arises in connection with, acts of God, fire, flood,

riots, material shortages, strikes, governmental acts, disasters, earthquakes, inability to obtain labor

or materials through its regular sources, delay in delivery by AB’s supplies or any other reason beyond

the reasonable control of AB. In the event any one or more of the provisions contained herein shall for

any reason be held to be invalid, illegal, or unenforceable in any respect, such invalidity, illegality, or

unenforceability shall not affect any other provision hereof and these terms shall be construed as if

such invalid, illegal, or unenforceable provision had never been contained herein. A waiver of a

breach or default under these terms shall not be a waiver of any subsequent default. Failure of AB to

enforce compliance with any of these terms shall not constitute a waiver of such terms. These terms

are governed by the laws of the State of California without reference to conflict of law principles. The

federal and state courts located within the State of California will have exclusive jurisdiction to adjudi-

cate any dispute arising out of these terms.

END