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Device-Model Evaluation Agreement

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MACOM may determine and/or change qualification criteria at its sole discretion at any time. Eligibility is subject to verification at MACOM's sole discretion.

This Device Model Evaluation Agreement (the “Agreement”) is entered into between MACOM Technology Solutions Inc. (“MACOM”), a Delaware corporation having offices at 100 Chelmsford Street, Lowell, MA 01851, USA and the following organization listed in the form below.

Recipient desires to evaluate MACOM’s large-signal LDMOS and/or Gallium Nitride HEMT transistor simulation model (the “Model”) for the purpose of assisting in the Recipient’s amplifier and/or module designs.

In consideration of MACOM providing Recipient with the non-exclusive right to duplicate and use the Model for the purpose noted above, Recipient agrees as follows:

1. The Model and any and all information provided by MACOM, including but not limited to research, product plans, products, future products, datasheets, developments, inventions, processes, circuit layouts, designs, drawings, engineering, formulae, markets, software (including source and object code), hardware configuration, algorithms, business plans, agreements with third parties, patent applications, services, customers, sales, employees, investors, business, marketing or finances, that is disclosed or is otherwise made available pursuant to or in connection with this Agreement shall be deemed “Confidential Information”.
2. Recipient will not, without MACOM’s prior written consent: (i) modify, copy, reproduce, publish, sublicense, create derivative works from, distribute, transmit, transfer, sell or otherwise make the Model or Confidential Information available to any third party; or (ii) use the Model for a purpose inconsistent with the purpose set forth in this Agreement.
3. Recipient will limit access to the Model and Confidential Information to those of its employees who have a need to know for purposes authorized hereby and who are obligated by agreement with Recipient to comply with the terms and conditions set forth hereunder.
4. Recipient will use all reasonable efforts to protect the Model and Confidential Information against unauthorized disclosure or use and will, in any event, use at least the same degree of care as the Recipient employs to protect its own information of like nature.
5. Recipient will not reverse engineer, unlock, decode or otherwise attempt to discover the underlying structure of the Model or Confidential Information without prior written approval from MACOM. The foregoing is not intended to limit the Recipient’s ability to test and evaluate the external interfaces to the Model.

The Model and Confidential Information is made available to Recipient for evaluation purposes only. MACOM does not make any assurances that Recipient’s use of the Model or Confidential Information will be uninterrupted or error free or that the results or output that derives from such use will be accurate. Recipient's reliance on the Model and Confidential Information and related information is at Recipient’s own risk. The Model and Confidential Information are provided “AS IS”, and MACOM hereby disclaims all warranties and conditions with regard to the Model and Confidential Information, whether express, implied or statutory, including without limitation, all warranties and conditions of merchantability, fitness for a particular purpose and non-infringement.

I acknowledge that monetary remedies alone may not be an adequate remedy for any breach or threatened breach of any of the obligations of this Agreement.  Therefore, the MACOM shall be entitled to seek injunctive or other equitable relief in addition to any other remedy to which it may be entitled at law or in equity without the need of posting a bond or other security or proving that monetary damages would be an inadequate remedy.  Such remedies shall not be deemed to be the exclusive remedies for a breach of this Agreement but shall be in addition to all other remedies available at law or in equity.

MACOM and its licensors, if any, retain ownership of all copyrights and other intellectual property rights in the Model and Confidential Information.

This Agreement, and the rights conferred hereby, may be terminated by MACOM at any time upon thirty days’ written notice to the Recipient. Upon termination of this Agreement or at any time upon MACOM’s request, Recipient will promptly discontinue use of the Model and certify to MACOM that all copies in possession of Recipient have been destroyed.

By clicking the "Submit" button, I represent and warrant that I am authorized to enter into this Agreement on behalf of the Recipient and that the Recipient will hereby be legally bound by the terms of this Agreement. I also agree that my electronic signature is the legal equivalent of my manual signature on this Agreement.

This Device Model Evaluation Agreement (the “Agreement”) is entered into between MACOM Technology Solutions Inc. and the following:

Authorized representative

You must use your organizational (company or university) email address. No free, publicly available email domains such as gmail, yahoo will be accepted.