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USB IMPLEMENTERS FORUM

USB HUB TRANSACTION TRANSLATOR SELF-TESTING AGREEMENT

(For Original Equipment Hub Controller Manufacturers Only)


IMPORTANT – READ BEFORE UPLOADING OR SUBMITTING ANY TEST RESULTS.  Do not upload or submit any test results to USB-IF until You have carefully read the following terms and conditions.  By uploading or submitting any test results to USB-IF, or by showing Your acceptance by clicking on the “I Agree” button below, You agree to the terms and conditions of this Self-Testing Agreement (“Agreement”).  If You do not wish to so agree, click the “I Do Not Agree” button below, and do not upload or submit any test results.

This Agreement is entered into by and between USB Implementers Forum, Inc., an Oregon nonprofit corporation (“USB-IF”), and you, an original equipment hub controller manufacturer (“You” or “Your”).

           A.        USB-IF is a nonprofit corporation formed to provide a support organization and forum for the advancement and adoption of technology and development of high quality compatible universal serial bus (“USB”) products using reliable protocols for USB interoperability in computing environments.  USB-IF has instituted a Compliance Program which provides reasonable measures for acceptability of USB products.  Companies with products that successfully complete the entire Compliance Program are added to the Integrators List and have a right to license the USB-IF Logo under the USB-IF Trademark License Agreement.

            B.        Certain parts of the Compliance Program allow for self-testing, in order to facilitate completion of those parts of the Compliance Program.

            C.        The USB-IF Hub Transaction Translator Test (“USBHTT”) is one part of the Compliance Program.  USBHTT specifies procedures and tests for original equipment hub controller manufacturers to follow and perform themselves.  These manufacturers then submit the results of those tests and procedures (“USBHTT Results”) to USB-IF for evaluation. 

            D.        You are an original equipment hub controller manufacturer that manufactures USB 2.0-capable Hub Controllers, and You wish to self-test Your hub controller using USBHTT.  

            E.         You have followed all procedures and performed all tests specified in USBHTT for one of your hub controllers (the “Product”), and wish to submit Your USBHTT Results to USB-IF for evaluation.

NOW, THEREFORE, in consideration of the mutual covenants and promises in this Agreement, and for other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the parties agree as follows:

1.                  Submission of Your USBHTT Results.   You agree to submit Your USBHTT Results to USB-IF for evaluation.

2.                  Your Representations.   You represent that You are an original equipment hub controller manufacturer that manufactures USB 2.0-capable Hub Controllers, that You followed the procedures and performed the tests specified in USBHTT accurately and in good faith, and that You have not altered Your USBHTT Results in any manner.

3.                  Submission of Products.  You will provide to USB-IF hub controllers identical to the Product tested, in the volume and at a location specified by USB-IF.

4.                  Evaluation of USBHTT Results.   USB-IF will evaluate Your USBHTT Results to determine whether Your Product has passed or failed USBHTT, and will subsequently inform You of the determination.  USB-IF may perform any or all of the tests specified in USBHTT to verify Your USBHTT Results.  USB-IF may contact You regarding any questions or discrepancies regarding USBHTT, Your testing procedures, or Your USBHTT Results, and You agree to respond.

5.                  Failing USBHTT.  Any of the following, by means of example but not limitation, will justify a determination that Your Product fails USBHTT:

(a)                Your USBHTT Results indicate that Your Product failed one or more tests in USBHTT;

(b)                You fail to sufficiently explain certain operations that cause test failures;

(c)                Your USBHTT Results indicate that the Product violates USB-IF specifications;

(d)                Inconsistency between Your USBHTT Results and the results of the tests performed by USB-IF; 

(e)                 A finding by USB-IF, in its sole discretion, that errors in Your test methodology may exist and affect the validity of USBHTT Results; or

(f)                  A finding by USB-IF, in its sole discretion, that Your Product is a nonstandard product and affects the applicability of USBHTT to your Product.

6.                  Applicability.  This Agreement, and any acceptance made by USB-IF under this Agreement as to Your HTTP Results, applies only to the specific version of Your Product that is tested.  Any revision of that Product, for any reason, requires a retest.

7.                  Compliance Program Requirements.   In addition to the terms and conditions of this Agreement, You must abide by all Compliance Program requirements as they may be modified from time to time and as they are applicable to USBHTT.  If You have any difficulty in following any procedures or performing any tests in USBHTT, you shall immediately notify USB-IF and rectify any deficiencies which may be found in the testing procedures. 

8.                  Retention of Records.   You agree to keep a full record of Your procedures and USBHTT Results for a period of two years, which records must be made available to USB-IF upon request and at no expense to USB-IF. 

9.                  No Claims.   You agree not to make any claim, nor bring any action, against USB-IF based on the results, tests, or procedures related to USBHTT, or USB-IF’s evaluation of Your USBHTT Results. 

10.                No Warranty.   USB-IF EXPRESSLY DISCLAIMS ANY AND ALL WARRANTIES, EXPRESS OR IMPLIED, REGARDING THE RESULTS, TESTS, OR PROCEDURES RELATED TO USBHTT, OR USB-IF’S EVALUATION OF YOUR USBHTT RESULTS, INCLUDING WITHOUT LIMITATION ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NONINFRINGMENT.

11.                Limitation of Liability.   IN NO EVENT WILL USB-IF BE LIABLE TO YOU FOR ANY INCIDENTAL, CONSEQUENTIAL, INDIRECT, OR SPECIAL DAMAGES, OR ANY DAMAGES RESULTING FROM THE RESULTS, TESTS, OR PROCEDURES REALTED TO USBHTT, OR USB-IF’S EVALUATION OF YOUR USBHTT TEST RESULTS, WHETHER OR NOT USB-IF HAD ADVANCE NOTICE OF THE POSSIBILITY OF SUCH DAMAGES, HOWEVER CAUSED AND UNDER ANY THEORY OF LIABILITY.

12.                Indemnity.   You agree to defend, indemnify, and hold USB-IF harmless from any claims or damages arising from or related to Your products, Your testing procedures, or Your representations regarding testing.

13.                Trademark License Agreement.   You agree to enter into, comply with, and maintain in effect the separate USB-IF Trademark License Agreement as a condition of utilizing the USB-IF Logo on any of Your products.

14.                Legally Binding.   This Agreement is a legally binding contract between the parties and is enforceable by each party.     

15.                Assignments.   Neither party has the right to assign its rights under this Agreement or to delegate its responsibilities to any other person.  Any assignment in violation of this Section is void.

16.                Governing Law and Venue.   This Agreement shall be governed by the laws of the State of Oregon.  Any action to enforce or interpret this Agreement shall be brought and maintained only in a court of competent jurisdiction within the State of Oregon.

17.                Entire Agreement.   This Agreement constitutes the entire agreement of the parties with respect to the matters set forth herein and may be modified only by a writing signed by each of the parties; provided, however, that USB-IF reserves the unilateral right to modify its Compliance Program in its sole discretion.

18.                 Termination.   Either party may terminate this Agreement on 30 days notice, without cause.  USF-IF may terminate this Agreement immediately on written notice if it has reason to question Your testing procedures or compliance with the USB-IF Compliance Program, or if, for any reason, USB-IF terminates, modifies or ends its self-testing program.