
April 14, 2006 S29AL004D_KGD_A2
S29AL004D Known Good Die
11
Da ta
She e t
Supple m ent
Terms and Conditions of Sale for Spansion Non-Volatile Memory Die
All transactions relating to unpackaged die under this agreement shall be subject
to Spansion’s standard terms and conditions of sale, or any revisions thereof,
which revisions Spansion reserves the right to make at any time and from time
to time. In the event of conflict between the provisions of Spansion’s standard
terms and conditions of sale and this agreement, the terms of this agreement
shall be controlling.
Spansion warrants its manufactured unpackaged die whether shipped to cus-
tomer in individual dice or wafer form (“Known Good Die,” “KGD”, “Die,” “Known
Good Wafer”, “KGW”, or Wafer(s)) will meet Spansion's published specifications
and against defective materials or workmanship for a period of one (1) year from
date of shipment.
This limited warranty does not extend beyond the first purchaser of said Die or
Wafer(s).
Buyer assumes full responsibility to ensure compliance with the appropriate han-
dling, assembly and processing of KGD or KGW (including but not limited to
proper Die preparation, Die attach, backgrinding, singulation, wire bonding and
related assembly and test activities), and compliance with all guidelines set forth
in Spansion's specifications for KGD or KGW, and Spansion assumes no respon-
sibility for environmental effects on KGD or KGW or for any activity of Buyer or a
third party that damages the Die or Wafer(s) due to improper use, abuse, negli-
gence, improper installation, improper backgrinding, improper singulation,
accident, loss, damage in transit, or unauthorized repair or alteration by a person
or entity other than Spansion (“Limited Warranty Exclusions”)
The liability of Spansion under this limited warranty is limited, at Spansion's op-
tion, solely to repair the Die or Wafer(s), to send replacement Die or Wafer(s), or
to make an appropriate credit adjustment or refund in an amount not to exceed
the original purchase price actually paid for the Die or Wafer(s) returned to Span-
sion, provided that: (a) Spansion is promptly notified by Buyer in writing during
the applicable warranty period of any defect or nonconformity in the Die or Wa-
fer(s); (b) Buyer obtains authorization from Spansion to return the defective Die
or Wafer(s); (c) the defective Die or Wafer(s) is returned to Spansion by Buyer
in accordance with Spansion's shipping instructions set forth below; and (d)
Buyer shows to Spansion's satisfaction that such alleged defect or nonconformity
actually exists and was not caused by any of the above-referenced Warranty Ex-
clusions. Buyer shall ship such defective Die or Wafer(s) to Spansion via
Spansion's carrier, collect. Risk of loss will transfer to Spansion when the defec-
tive Die or Wafer(s) is provided to Spansion's carrier. If Buyer fails to adhere to
these warranty returns guidelines, Buyer shall assume all risk of loss and shall
pay for all freight to Spansion's specified location. The aforementioned provisions
do not extend the original limited warranty period of any Die or Wafer(s) that has
either been replaced by Spansion.
THIS LIMITED WARRANTY IS EXPRESSED IN LIEU OF ALL OTHER WARRANTIES,
EXPRESSED OR IMPLIED, INCLUDING THE IMPLIED WARRANTY OF FITNESS FOR
A PARTICULAR PURPOSE, THE IMPLIED WARRANTY OF MERCHANTABILITY OR
NONINFRINGEMENT AND OF ALL OTHER OBLIGATIONS OR LIABILITIES ON
Spansion's PART, AND IT NEITHER ASSUMES NOR AUTHORIZES ANY OTHER PER-
SON TO ASSUME FOR Spansion ANY OTHER LIABILITIES. THE FOREGOING
CONSTITUTES THE BUYER'S SOLE AND EXCLUSIVE REMEDY FOR THE FURNISH-
ING OF DEFECTIVE OR NON CONFORMING KNOWN GOOD DIE OR KNOWN GOOD