These Terms and Conditions (the “Terms”) govern your participation in the OpenSUSI shuttle service program (the “Program”). The Terms constitute a binding agreement between you and OpenSUSI. You indicate your acceptance of these Terms by submitting a Design (as defined below) or participating in the Program. If you disagree with these Terms, you may not participate in the Program. Suppose you are an individual entering these Terms on behalf of a legal entity. In that case, you hereby represent and warrant that you are authorized to enter into these Terms on behalf of such entity and bind such entity to these Terms.
1. Submission of Designs
1.1. Subject to the terms hereof, you may participate in the Program by submitting a semiconductor chip design (“Design”) for inclusion on an Application Specific Integrated Circuit (ASIC) and Printed Circuit Board (PCB) (collectively, a “Chip”) manufactured as part of a specific production run conducted by OpenSUSI shuttle tapeout (“Production Run”). If your Design is accepted as part of the Production Run, subject to the terms hereof, you may elect to purchase and receive a physical copy of the Chip, as detailed on the OpenSUSI website, available at https://opensusi.org/ (the “Website”)
1.2. All Designs must comply with and be submitted to the OpenSUSI shuttle under the applicable terms, specifications, guidelines, and other requirements for the Production Run set forth on the Website and/or associated OpenSUSI GitHub pages (collectively, “Production Run Requirements”). Each Production Run is limited to the Design slots detailed on the Website. To submit a design, you must submit all documentation, materials, and other information requested in the Production Run Requirements (“Design Documentation”) to OpenSUSI. OpenSUSI may refuse to accept any Design or otherwise permit any individual or entity to participate in the Program and/or any Production Run in its sole discretion, including, without limitation, in the event of any failure to comply with these Terms or any applicable Production Run Requirements. Suppose your Design is not accepted for inclusion in a particular Production Run following your payment of any applicable Fees (as defined below) payable hereunder for such Design. In that case, OpenSUSI will provide you with a voucher for future Production Runs in the amount of such Fees.
1.3. Subject to the terms hereof, OpenSUSI will and you hereby authorize OpenSUSI and its contractors to integrate your submitted Design into a combined semiconductor chip design that includes the Designs of other participants in the applicable Production Run (the “Combined Design”). By submitting your Design hereunder, you hereby acknowledge and agree that (i) your Design will be incorporated in the Combined Design manufactured on the Chip and will be supplied to other participants in the applicable Production Run, and (ii) your Design and Design Documentation will be published and made publicly available on the Website, OpenSUSI GitHub pages and other promotional materials.
1.4. You are solely and exclusively liable for any Design you submit as part of the Program. You acknowledge and agree that OpenSUSI is not obligated to verify, review, test, or evaluate any Design and/or Design Documentation you submit. By including your Design on a Chip, OpenSUSI does not make any representations or warranties in connection with such Design, including, without limitation, regarding the quality, safety, suitability, legality, or performance thereof. Including your Design on a Chip does not constitute any endorsement, sponsorship, or recommendation of such Design by OpenSUSI.
1.5. OpenSUSI is not responsible for and does not guarantee, warrant, or make any representation of the Designs of any other participants in the Program. Including Designs of other Program participants on a Chip does not constitute OpenSUSI’s endorsement, sponsorship, or recommendation of such Designs, or an authorization or representation of OpenSUSI's affiliation with any third party (including other Program participants).
2. Manufacture and Supply of Chips
2.1. All Chips are manufactured and supplied by OpenSUSI’s authorized third-party manufacturers (“Manufacturers”). You hereby acknowledge and agree that including your Design on the Chip and the manufacture and supply thereof may be subject to additional terms and conditions of the applicable Manufacturer.
2.2. THE PROGRAM AND CHIPS ARE PROVIDED TO YOU “AS IS”, WITH ANY AND ALL FAULTS AND WITHOUT WARRANTY OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, SATISFACTORY QUALITY, OR NON-INFRINGEMENT. THE CHIP IS SOLELY A DEVELOPMENT BOARD AND IS NOT SUPPLIED WITH A CASE OR ANY CERTIFICATION OF