USB Implementers Forum (“USB-IF”) has licensed USB Vendor ID No. 0x0424 (“Microchip’s VID”) to Microchip Technology Inc. (“Microchip”). If you agree to the following terms, upon approval by USB-IF, Microchip may in its sole discretion sublicense the VID, and assign a Product ID number (“PID”), to you free of charge (“Sublicense”). The Sublicense is revocable and non-transferable. It becomes effective on the date on which Microchip sends notice of acceptance to you subject to the following terms:
1. You must be an USB-IF member with current logo license agreement in place with USB-IF. By submitting this application, you represent and warrant that you have a current and active logo license from USB-IF.
2. The VID may only be used with the Microchip Hub or similar fixed function product entered into the “Microchip USB Product” field below. Use with any other product will result in termination of the sublicense agreement, and may result in legal and equitable action against you, either to enforce intellectual property rights or recover any resulting damages.
3. Microchip reserves the right to limit the number of requests per recipient, limit the number of sublicensees or to discontinue the offer at any time.
4. If Microchip accepts your Application and it is approved by USB-IF, you will receive the assigned PID by separate communication. You must use Microchip’s VID together with the PID assigned by Microchip. (You may not use Microchip’s VID until you receive Microchip’s notice of acceptance and the assigned PID.)
5. You may use each PID in conjunction with only one product. You must submit a separate application for each additional PID that is required. Any PID issued pursuant to this application may only be used in conjunction with the product entered into the “Company Product” field below.
6. Use of the USB Logo is specifically prohibited. No other rights are granted except those expressly stated here.
7. You may not use the Microchip VID to submit a product for compliance testing to qualify to use the certified USB logo in conjunction with the Company Product unless you obtain Microchip’s prior written consent.
8. THE VID AND PID ARE PROVIDED “AS IS” AND WITHOUT ANY WARRANTY OF ANY KIND. MICROCHIP EXPRESSLY DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, WRITTEN OR ORAL, STATUTORY OR OTHERWISE, RELATED TO THE VID AND PID INCLUDING (WITHOUT LIMITATION) THE IMPLIED WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT OR FITNESS FOR PURPOSE. IN NO EVENT SHALL MICROCHIP BE LIABLE FOR ANY CONSEQUENTIAL, INCIDENTAL, PUNITIVE, OR SPECIAL DAMAGES OR LOST PROFITS, LOSS OF USE OR LOSS OF DATA, ARISING OUT OF USE OF THE VID OR PID, THIS APPLICATION, OR THE SUBLICENSE. IN NO EVENT SHALL MICROCHIP’S AGGREGATE LIABILITY ARISING OUT OF THIS AGREEMENT EXCEED $100.
9. The Sublicense will terminate on the earlier of: (a) notification of termination by either party; or (b) automatic termination due to violation of the license terms. You must discontinue use of the VID and PID immediately upon termination; however, the sublicense granted hereunder shall survive any such termination with respect to units produced by you pursuant to the terms set forth herein prior to the date of termination.
10. You agree that this Sublicense, shall be construed, interpreted and governed by the laws and subject to the exclusive jurisdiction of the State of Arizona and controlling U.S. federal law and choice of law rules of any jurisdiction shall not apply.