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U N I PA C O P T O E L E C T R O N I C S C O R P O R AT I O N Spec. No. 233-220-076 Version : 0 Total pages : 19 Date : 1999.07.27 TENTATIVE UP068D01 COLOR TFT-LCD MODULE SPECIFICATION MODEL NAME: UP068D01 The content of this technical information is subject to change without notice. Please contact Unipac or its agent for further information. Unipac copyright 1999 All rights reserved, Copying forbidden. A. Physical specification B. Electrical specifications Contents : 1. Pin assignment a. TFT-LCD panel driving section b. Backlight driving section 2. Absolute maximum ratings 3. Electrical characteristics a. Typical operating conditions b. Current consumption c. Backlight driving conditions 4. AC Timing a. Timing conditions b. Timing diagram C. Optical specifications D. Reliability test items E. Packing from ALL RIGHTS STRICTLY RESERVED. ANY PORTION OF THIS PRPER SHALL NOT BE REPRODUCED, COPIED, OR TRANSFORMED TO ANY OTHER FORMS WITHOUT PERMISSION FROM UNIPAC OPTOELECTRONICS CORP. PAGE SPEC NO. : 233-220-076 : 1/19 P11 P10 P8 P7 P7 P7 P6 P6 P6 P6 P5 P5 P4 P4 P4 P3 SPEC NO. : 233-220-076 PAGE : 2/19 Appendix: Fig.2 Sampling clock timing Fig.4-(a) Horizontal timing ALL RIGHTS STRICTLY RESERVED. ANY PORTION OF THIS PRPER SHALL NOT BE REPRODUCED, COPIED, OR TRANSFORMED TO ANY OTHER FORMS WITHOUT PERMISSION FROM UNIPAC OPTOELECTRONICS CORP. Fig.6-(b) Vertical timing (From down to up) Fig.6-(a) Vertical timing (From up to down) Fig.5 Vertical shift clock timing Fig.4-(b) Detail horizontal timing Fig.3 Horizontal display timing range Fig.1 Outline dimension of TFT-LCD module P12 P13 P14 P15 P16 P17 P18 P19 SPEC NO. : 233-220-076 PAGE : 3/19 Remark A. Physical specifications NO. 1 2 3 4 5 6 7 Item | Specification 1152(W) 234(H) 103.43(H) | Display resolution(dot) Active area(mm) Screen size(inch) Dot pitch(mm) Color configuration Overall dimension(mm) Weight(g) 138.24(W) 6.8(Diagonal) | | 0.120(W) 0.442(H) R. G. B. STRIPE | 157.2(W) 122.6(H) 8.0(D) Note 1 280 20 Note 1: Refer to Fig. 1 ALL RIGHTS STRICTLY RESERVED. ANY PORTION OF THIS PRPER SHALL NOT BE REPRODUCED, COPIED, OR TRANSFORMED TO ANY OTHER FORMS WITHOUT PERMISSION FROM UNIPAC OPTOELECTRONICS CORP. SPEC NO. : 233-220-076 PAGE : 4/19 B. Electrical specifications 1.Pin assignment a. TFT-LCD panel driving section Pin no 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 Symbol GND VCC VGL VGH STVR STVL CKV U/D OEV VCOM VCOM L/R Q1H OEH STHL STHR CPH3 CPH2 CPH1 VCC GND VR VG VB AVDD AVSS I/O I I I Ground for logic circuit Supply voltage for logic control circuit Negative power for scan driver Positive power for scan driver Note 1 Note 1 Description Remark I/o Vertical start pulse I/o Vertical start pulse I I I I I I I I Shift clock input for scan driver UP/DOWN scan control input Output enable input for scan driver Common electrode driving signal Common electrode driving signal LEFT/RIGHT scan control input Analog signal rotate input Output enable input for data driver Note 1,2 Note 1,2 I/o Start pulse for horizontal scan line I/o Start pulse for horizontal scan line I I I I I I I I Sampling and shifting clock pulse for data driver Sampling and shifting clock pulse for data driver Sampling and shifting clock pulse for data driver Supply voltage of logic control circuit for data driver Ground for logic circuit Alternated video signal input(Red) Alternated video signal input(Green) Alternated video signal input(Blue) Supply voltage for analog circuit Ground for analog circuit Note 1 Note 1 Note 1: Selection of scanning mode (please refer to the following table) ALL RIGHTS STRICTLY RESERVED. ANY PORTION OF THIS PRPER SHALL NOT BE REPRODUCED, COPIED, OR TRANSFORMED TO ANY OTHER FORMS WITHOUT PERMISSION FROM UNIPAC OPTOELECTRONICS CORP. SPEC NO. : 233-220-076 PAGE Setting of scan control input U/D GND VCC GND VCC L/R VCC GND GND VCC STVR OUT IN OUT IN IN/OUT state For start pulse STVL IN OUT IN OUT STHR OUT IN IN OUT STHL IN OUT OUT IN From up to down, from left to right. From down to up, from right to left. From up to down, from right to left. From down to up, from left to right. and and and and Scanning direction : 5/19 IN: Input; OUT: Output. Note 2 : Definition of scanning direction. Refer to figure as below: UP DOWN FPC LEFT RIGHT 26 1 b. Backlight driving section No. 1 2 Symbol HI GND I/O i Description Power supply for backlight unit (Hight voltage) Ground for backlight unit Remark 2. Absolute maximum ratings Item Symbol VCC AVDD Power voltage VGH VGL Vi Input signal voltage Operating temperature Storage temperature VI VCOM Topa Tstg Condition GND=0 AVSS=0 GND=0 Min. -0.3 -0.3 -0.3 -15 -0.3 -0.3 -2.9 -0 -25 Max. 7 7 21 0.3 31 AVDD+0.3 VCC+0.3 5.2 Unit V V V V V V V V Remark VGH VGL Note 1 Note 2 Note 1: VR, VG, VB Note 2: STHL, STHR, OEH,L/R,CPH1~CPH3, STVR, STVL,OEV,CLK,U/D. ALL RIGHTS STRICTLY RESERVED. ANY PORTION OF THIS PRPER SHALL NOT BE REPRODUCED, COPIED, OR TRANSFORMED TO ANY OTHER FORMS WITHOUT PERMISSION FROM UNIPAC OPTOELECTRONICS CORP. (c) 80 (c) 60 Ambient temperature Ambient temperature SPEC NO. : 233-220-076 PAGE 3. Electrical characteristics a. Typical operating conditions (GND=AVss=0V , Note 5) Item Symbol VCC AVDD Power supply VGH VGLAC VGLDC Video signal amplitude (VR,VG,VB) VCOM Input H Level Signal voltage L Level ViA ViAC ViDC VCAC VCDC VIH VIL Min. 4.8 4.8 14.3 3.5 -10.5 0.4 3.5 4 0 Typ. 5 5 15 5 -10 3 AVDD /2 5 1.4 Max. 5.2 5.2 15.7 7.5 -9.5 AVDD-0.4 7.5 VCC 1 Unit V V V Vp-p V V V V Vp-p V V V AC component of VGL. Note 1 DC component of VGL. Note 2 AC component DC component AC component,Note 3 DC component Note 4 Remark : 6/19 Note 1: The same phase and amplitude with common electrode driving signal(VCOM). Note 2: Refer to Fig.4-(a) Note 3: The brightness of LCD panel could be changed adjusting the AC component of VCOM. Note 4: STHL,STHR,OEH,L/R,CPH1~CPH3,STVR,STVL,OEV,CKV,U/D. Note 5: Be sure to apply GND, Vcc and VGL to the LCD first, and then apply VGH. b. Current consumption (GND=AVss=0V) Parameter Current for driver Symbol IGH IGL ICC IDD Condition VGH=15V VGL=-10V VCC=5V AVDD=5V Min. Typ. 0.26 -0.41 6.5 10 Max. 0.8 -1 12 20 Unit mA mA mA mA Remark c. Backlight driving conditions Parameter Lamp voltage Lamp current Frequency Lamp starting voltage Symbol VL IL FL VS Min. - Typ. 580 6.2 60 930 Max. 638 7 80 1150 1400 Unit Vrms mArms KHz Vrms Vrms Remark Note 3 Note 3,4 Note 1,3 Note 2,3 - 1100 Note 1: Ta = 25 Note 2: Ta = 0 ALL RIGHTS STRICTLY RESERVED. ANY PORTION OF THIS PRPER SHALL NOT BE REPRODUCED, COPIED, OR TRANSFORMED TO ANY OTHER FORMS WITHOUT PERMISSION FROM UNIPAC OPTOELECTRONICS CORP. SPEC NO. : 233-220-076 PAGE Note 3: Reference value, correct value is subject to backlight specification. Note 4:The lamp frequency should be selected as different as possible from display horizontal synchronous signal to avoid interference. 4. AC Timing a. Timing conditions Parameter Rising time Falling time High and low level pulse width CPH pulse duty CPH pulse delay STH setup time STH hold time STH pulse width STH period OEH pulse width Sample and hold disable time OEV pulse width CKV pulse width Clean enable time Horizontal display start Horizontal display timing range STV setup time STV hold time STV pulse width Horizontal lines per field Vertical display start Vertical display timing range VCOM rising time VCOM falling time VCOM delay time RGB delay time Symbol tr tf tCPH tCWH tC12 tC23 tC31 tSUH tHDH tSTH tH tOEH tDIS1 tOEV tCKV tDIS2 tSH tDH tSUV tHDV tSTV tV tSV tDV trCOM tfCOM tDCOM tDRGB Min. 125 40 30 20 20 61.5 400 400 256 Typ. 129 50 tCPH/3 1 63.5 10 62 40 50 26 0 1,152 262 3 234 Max. 10 10 133 60 tCPH/2 65.5 1 268 5 1 : 7/19 Unit. ns ns ns % ns ns ns tCPH s tCPH tCPH tCPH tCPH tCPH tCPH/3 tCPH/3 ns ns tH tH tH tH s s Remark Note 1 Note 1 CPH1~CPH3 CPH1~CPH3 CPH1~CPH3 STHR,STHL STHR,STHL STHR,STHL STHR,STHL OEH OEV CKV STVL,STVR STVL,STVR STVL,STVR Note 2 5 3 s s Note 1: For all of the logic signals. Note 2: Please don't use odd horizontal lines to drive LCD panel for both odd and even field simultaneously. b. Timing diagram Please refer to the attached drawing, from Fig.2 to Fig.6. ALL RIGHTS STRICTLY RESERVED. ANY PORTION OF THIS PRPER SHALL NOT BE REPRODUCED, COPIED, OR TRANSFORMED TO ANY OTHER FORMS WITHOUT PERMISSION FROM UNIPAC OPTOELECTRONICS CORP. SPEC NO. : 233-220-076 PAGE : 8/19 Remark Note 4,6 C. Optical specification (Note 1,Note 2, Note 3 ) Item Response time Rise Fall Symbol Tr Tf CR Condition =0 Min. 60 10 30 45 45 250 0.25 0.30 Typ. 25 30 150 300 0.30 0.35 Max. 50 60 0.35 0.40 Unit ms ms Contrast ratio Viewing angle Top Bottom Left Right At optimized viewing angle Note 5,6 White chromaticity Note 1. Ambient temperature =25 . And lamp current IL = 6.2mArms. Note 2. To be measured in the dark room. luminance meter BM-7, after 10 minutes operation. Note 4. Definition of response time: The output signals of photodetector are measured when the input signals are changed from "black" to "white"(falling time)and from "white" to "black"(rising time),respectively. The response time is defined as the time interval between the 10% and 90% of amplitudes. Refer to figure as below. Note 3.To be measured on the center area of panel with a viewing cone of 1 "White" 100% 90% 10% 0% Tr ALL RIGHTS STRICTLY RESERVED. ANY PORTION OF THIS PRPER SHALL NOT BE REPRODUCED, COPIED, OR TRANSFORMED TO ANY OTHER FORMS WITHOUT PERMISSION FROM UNIPAC OPTOELECTRONICS CORP. y X Brightness YL =0 =0 =0 CR 10 deg Note 6,7 nit Note 8 Note 8 by Topcon "White" Signal(Relative value) Tf SPEC NO. : 233-220-076 PAGE Note 5. Definition of contrast ratio: Contrast ratio is calculated with the following formula. Photodetector output when LCD is at "White" state Contrast ratio (CR)= Photodetector output when LCD is at "Black" state Note 6. White Vi=Vi50 " " ! ! : 9/19 1.5V 2.0V Black Vi=Vi50 " means that the analog input signal swings in phase with VCOM signal. " means that the analog input signal swings out of phase with VCOM signal. : Vi50 The analog input voltage when transmission is 50% The 100% transmission is defined as the transmission of LCD panel when all the input terminals of module are electrically opened. Note 7. Definition of viewing angle: Refer to figure as below. Note 8. Measured at the center area of the panel when all the input terminals of LCD panel are electrically opened. ALL RIGHTS STRICTLY RESERVED. ANY PORTION OF THIS PRPER SHALL NOT BE REPRODUCED, COPIED, OR TRANSFORMED TO ANY OTHER FORMS WITHOUT PERMISSION FROM UNIPAC OPTOELECTRONICS CORP. " SPEC NO. : 233-220-076 PAGE : 10/19 D. Reliability test items: No. 1 2 3 4 5 6 7 Test items High temperature storage Low temperature storage High temperature operation Low temperature operation High temperature and high humidity Heat shock Electrostatic discharge Ta= 80# Ta= -25# Ta= 60# Ta= 0# Ta= 60# . 95% RH Conditions 240H 240H 240H 240H 240H Operation Non-operation Non-operation Non-operation JIS C7021, A-10 condition A Remark -20# ~80# /50 cycle 2H/cycle % 200V,200pF(0 terminal Stoke ), once for each : 10~55Hz : 1.5mm : 10~55Hz~10Hz Frequency range 8 Vibration Sweep (6 hours for total) 9 Mechanical shock 2 hours for each direction of X,Y,Z 100G . 6ms, & 3 times for each direction Random vibration: 10 Vibration (with carton) 0.015G2/Hz from 5~200Hz -6dB/Octave from 200~500Hz 11 Drop (with carton) Height: 60cm 1 corner, 3 edges, 6 surfaces Note: Ta: Ambient temperature. ALL RIGHTS STRICTLY RESERVED. ANY PORTION OF THIS PRPER SHALL NOT BE REPRODUCED, COPIED, OR TRANSFORMED TO ANY OTHER FORMS WITHOUT PERMISSION FROM UNIPAC OPTOELECTRONICS CORP. & & $ X, Y, Z Non-operation JIS C7021, A-7 condition C IEC 68-34 JIS Z0202 SPEC NO. : 233-220-076 PAGE : 11/19 E.Packing form ALL RIGHTS STRICTLY RESERVED. ANY PORTION OF THIS PRPER SHALL NOT BE REPRODUCED, COPIED, OR TRANSFORMED TO ANY OTHER FORMS WITHOUT PERMISSION FROM UNIPAC OPTOELECTRONICS CORP. SPEC NO. : 233-220-076 PAGE : 12/19 ALL RIGHTS STRICTLY RESERVED. ANY PORTION OF THIS PRPER SHALL NOT BE REPRODUCED, COPIED, OR TRANSFORMED TO ANY OTHER FORMS WITHOUT PERMISSION FROM UNIPAC OPTOELECTRONICS CORP. Fig. Outline dimension of TFT-LCD module SPEC NO. : 233-220-076 PAGE : 13/19 tf t CPH 50% t CWH tr 90% 90% 50% STHL(R) CPH2 10% 10% ALL RIGHTS STRICTLY RESERVED. ANY PORTION OF THIS PRPER SHALL NOT BE REPRODUCED, COPIED, OR TRANSFORMED TO ANY OTHER FORMS WITHOUT PERMISSION FROM UNIPAC OPTOELECTRONICS CORP. CPH3 CPH1 Fig.2 Sampling clock timing t HDH t STH t C31 t SUH t C12 t C23 SPEC NO. : 233-220-076 PAGE : 14/19 Input(STHL/STHR) Output(STHR/STHL) ALL RIGHTS STRICTLY RESERVED. ANY PORTION OF THIS PRPER SHALL NOT BE REPRODUCED, COPIED, OR TRANSFORMED TO ANY OTHER FORMS WITHOUT PERMISSION FROM UNIPAC OPTOELECTRONICS CORP. CPH1 Fig.3 Horizontal display timing range tDH SPEC NO. : 233-220-076 PAGE : 15/19 1H ViA Black CDC V OEH (HSY) STHL(R) ALL RIGHTS STRICTLY RESERVED. ANY PORTION OF THIS PRPER SHALL NOT BE REPRODUCED, COPIED, OR TRANSFORMED TO ANY OTHER FORMS WITHOUT PERMISSION FROM UNIPAC OPTOELECTRONICS CORP. VCOM OEV CKV V R(GB) V GL ViDC Blank Fig.4-(a) Horizontal timing CAC V V CAC Blank White Black t ViAC H White 1H (HSY) OEH t OEH t DIS1 t STH STHL(R) t OEV OEV t DIS2 t CKV CKV t DCOM 10% 90% 50% 90% 10% VCOM t rCOM t fCOM 90% 10% V GL 90% 50% 10% PAGE V R(GB) t DRGB : Note: The falling edge of OEV should be synchronized with the falling edge of OEH 16/19 ALL RIGHTS STRICTLY RESERVED. ANY PORTION OF THIS PRPER SHALL NOT BE REPRODUCED, COPIED, OR TRANSFORMED TO ANY OTHER FORMS WITHOUT PERMISSION FROM UNIPAC OPTOELECTRONICS CORP. SPEC NO. : 233-220-076 Fig.4-(b) Detail horizontal timing SPEC NO. : 233-220-076 PAGE : 17/19 50% STVR(L) t SUV ALL RIGHTS STRICTLY RESERVED. ANY PORTION OF THIS PRPER SHALL NOT BE REPRODUCED, COPIED, OR TRANSFORMED TO ANY OTHER FORMS WITHOUT PERMISSION FROM UNIPAC OPTOELECTRONICS CORP. CKV Fig.5 Vertical shift clock timing 50% t HDV t CKV SPEC NO. : 233-220-076 PAGE : 18/19 VR(GB) (HSY) (VSY) STVL ALL RIGHTS STRICTLY RESERVED. ANY PORTION OF THIS PRPER SHALL NOT BE REPRODUCED, COPIED, OR TRANSFORMED TO ANY OTHER FORMS WITHOUT PERMISSION FROM UNIPAC OPTOELECTRONICS CORP. VCOM(Even field) VCOM(Odd field) Fig.2-(a) Vertical timing (From up to down) Display on panel first line t SV SPEC NO. : 233-220-076 PAGE : 19/19 ALL RIGHTS STRICTLY RESERVED. ANY PORTION OF THIS PRPER SHALL NOT BE REPRODUCED, COPIED, OR TRANSFORMED TO ANY OTHER FORMS WITHOUT PERMISSION FROM UNIPAC OPTOELECTRONICS CORP. VCOM(Even field) (HSY) STVR V R(GB) VCOM(Odd field) (VSY) Fig.6-(b) Vertical timing (From down to up) Display on panel first line t SV UNIPAC OPTOELECTRONICS CORPORATION TERMS AND CONDITIONS OF SALE These Terms and Conditions of Sale apply to all items designed and/or made by Unipac Optoelectronics Corporation ("Unipac"), and Buyer agrees they apply to all such items. 1 ACCEPTANCE OF TERMS. BUYER ACCEPTS THESE TERMS (i) BY WRITTEN ACCEPTANCE (BY PURCHASE ORDER OR OTHERWISE), OR (ii) BY FAILURE TO RETURN GOODS SUPPLIED BY UNIPAC WITHIN 5 DAYS OF THEIR DELIVERY. 2 DELIVERY 2.1 Delivery will be made Free Carrier (Incoterms 1990), Unipac's warehouse, Science-Based Industrial Park, Taiwan to a carrier designated in writing by Buyer, or if Buyer fails to designate a carrier, to a carrier designated by Unipac. 2.2 Title to the goods and the entire risk will pass to Buyer upon delivery to carrier. 2.3 Shipments are subject to availability. Unipac shall make every reasonable effort to meet the date(s) quoted or acknowledged; and if Unipac makes such effort, UNIPAC WILL NOT BE LIABLE FOR ANY DELAYS. 3 TERMS OF PAYMENT 3.1 Unless otherwise stated on Unipac's quotation, all shipments shall be T/T in advance, by Letter of Credit at Sight, or pursuant to agreed prepayment terms. Unipac reserves the right to change credit terms at any time in its sole discretion. 3.2 Buyer guarantees prompt payment of all obligations accrued pursuant to purchase orders issued by Buyer. 4 LIMITED WARRANTY 4.1 Unipac warrants that the goods sold will be free from defects in material and workmanship and comply with Unipac's applicable published specifications for a period of sixty (60) days from the date of Unipac's shipment. 4.2 Goods or parts which have been subject to abuse (including without limitation repeated or extended exposure to conditions at or near the limits of applicable absolute ratings) misuse, accident, alteration, neglect, or unauthorized repair or improper application are not covered by any warranty. No warranty is made with respect to custom products or goods produced to Buyer's specifications (unless specifically stated in writing signed by Unipac). Unipac shall not be responsible for defects or claims caused by acts not performed by Unipac; or by combination of goods with other things. 4.3 No warranty is made with respect to goods used in devices intended for use in applications where failure to perform when properly used can reasonably be expected to result in significant injury (including, without limitation, navigation, aviation, weaponry or nuclear equipment, or for surgical implant or to support or sustain life) and Buyer agrees to indemnify, defend, and hold harmless Unipac from all claims, damages and liabilities arising out of any such uses. 4.4 This Article 4 is the only warranty by Unipac with respect to goods and may not be modified or amended except in writing signed by an authorized officer of Unipac. 4.5 Buyer acknowledges and agrees that it is not relying on any applications, diagrams or circuits contained in any literature, and Buyer will test all parts and applications under extended field and laboratory conditions. Notwithstanding any crossreference or any statements of compatibility, functionality, interchangeability, and the like, the goods may differ from similar goods from other vendors in performance, function or operation, and in areas not contained in the written specifications, or as to ranges and conditions outside such specifications; and Buyer agrees that there are no warranties and that Unipac is not responsible for such things. 4.6 REGARDLESS OF CAUSE OR REASON FOR DAMAGE (WHETHER ACCIDENT, NEGLIGENCE, OR OTHERWISE) UNIPAC SHALL HAVE NO LIABILITY (DIRECT, CONSEQUENTIAL OR OTHER) FOR, IN CONNECTION WITH OR ARISING FROM PROPERTY FURNISHED FOR USE AT OR LEFT AT UNIPAC; and by delivering or entrusting property to Unipac, Buyer expressly confirms this limitation. Notwithstanding this limitation, Unipac will replace, or pay the reasonable retooling costs to replace, masks damaged or destroyed as a result of Unipac's gross negligence or fault. 4.7 EXCEPT AS PROVIDED ABOVE, UNIPAC MAKES NO WARRANTIES OR CONDITIONS, EXPRESS, IMPLIED, OR STATUTORY; AND UNIPAC EXPRESSLY EXCLUDES AND DISCLAIMS ANY WARRANTY OR CONDITION OF NONINFRINGEMENT, MERCHANTABILITY OR FITNESS FOR PARTICULAR PURPOSE OR APPLICATION. THIS AGREEMENTSTATES THE ONLY AND EXCLUSIVE REMEDY FOR ANY AND ALL CLAIMS MADE AGAINST UNIPAC UNDER ANY AGREEMENT AND/OR WITH RESPECT TO PANELS, COMPONENTS, SERVICES AND/OR GOODS. 5.5 No action or proceeding may be commenced by either party against the other (other than to collect money due for goods delivered or services rendered), whether for breach, indemnification, contribution or otherwise, more than one year after delivery of the goods to the carrier; and no claim may be brought unless the non-claiming party has first been given commercially reasonable notice, a full written explanation of all pertinent details (including copies of all materials), and a good faith opportunity to resolve the matter. 5.6 BUYER EXPRESSLY AGREES TO THE LIMITATIONS OF ARTICLES 5, 8 AND 9 AND TO THEIR REASONABLENESS. 5.7 The exclusions and limitations of Articles 5, 8 and 9 will survive the termination of the applicable Agreements, and shall apply notwithstanding any claim of a failure of any one or more remedies to accomplish their purpose, and THE PARTIES EXPRESSLY WAIVE AND RELINQUISH ANY CONTRARY RIGHTS UNDER ANY AGREEMENT, AND/OR LAW, DECISION, CUSTOM OR PRACTICE. 6 SUBSTITUTIONS AND MODIFICATIONS Unipac may at any time make substitutions for product ordered which do not materially and adversely affect overall performance with the then current specifications in the typical and intended use. Unipac reserves the right to halt deliveries and shipments and alter specifications and prices without notice. Buyer shall verify that the literature and information is current before purchasing. Other changes to process and/or specifications by Unipac shall be pursuant to Unipac' s standard ECN procedures. 7 CANCELLATION 7.1 This Agreement may not be canceled by Buyer except with written consent by Unipac and Buyer's payment of reasonable cancellation charges (including but not be limited to expenses already incurred for labor and material, overhead, commitments made by Unipac, and a reasonable profit). 7.2 8 In no event will Buyer have rights in partially completed goods. INDEMNIFICATION 8.1 Unipac will, at its own expense, assist Buyer with technical support and information in connection with any claim that any parts as shipped by Unipac under this purchase order infringe any valid, enforceable, unexpired R.O.C. patent, copyright, or trademark, provided however, that Buyer (i) gives immediate written notice to Unipac, (ii) permits Unipac to participate and to defend if Unipac requests to do so, and (iii) gives Unipac all needed information, assistance and authority. However, Unipac will not be responsible for infringements resulting from anything not entirely manufactured by Unipac, or from any combination with products, equipment, or materials not furnished by Unipac. Unipac will have no liability with respect to intellectual property matters arising out of products made to Buyer's specifications, code, or designs. 8.2 Except as expressly stated in this Article 8 or in another writing signed by an authorized officer, Unipac makes no representations and/or warranties with respect to intellectual and/or industrial property and/or with respect to claims of infringement. 8.3 Except as to claims Unipac agrees in writing to defend, BUYER WILL INDEMNIFY, DEFEND AND HOLD HARMLESS UNIPAC FROM ALL CLAIMS, COSTS, LOSSES, AND DAMAGES (INCLUDING ATTORNEYS FEES) AGAINST AND/OR ARISING OUT OF GOODS SOLD AND/OR SHIPPED HEREUNDER. 9 NO CONFIDENTIAL INFORMATION Unipac shall have no obligation to hold any information in confidence except as provided in a separate non-disclosure agreement signed by both parties. 10 ENTIRE AGREEMENT These terms and conditions are the entire agreement between Unipac and Buyer, and no addition, deletion or modification shall be binding on Unipac unless expressly agreed to in a writing signed by an officer of Unipac. Buyer is not relying upon any warranty or representation except for those specifically stated here. 11 APPLICABLE LAW This Agreement and all performance and disputes arising out of or relating to goods involved will be governed by the laws of Taiwan, Republic of China, without reference to conflict of laws principles and excluding the U.N. Convention on Contracts for the 5 LIMITATION OF LIABILITY International Sale of Goods. Buyer agrees at its sole expense to comply with all applicable laws in connection with the purchase, use or sale of the goods provided 5.1 Unipac will not be liable for any loss, damage or penalty resulting from causes beyond its reasonable control, including but not limited to delay by others, force majeure, hereunder. acts of God, material shortage or labor conditions. In any such event, the date(s) for 12 DISPUTE RESOLUTION Unipac's performance will be deemed extended for a period equal to any delay resulting. 12.1 Buyer and Unipac shall cooperate and attempt in good faith to resolve any and all 5.2 THE LIABILITY OF UNIPAC ARISING OUT OF THIS AGREEMENT OR ANY disputes arising out of and/or relating to this Agreement and/or goods furnished GOODS SOLD WILL BE LIMITED TO REFUND OF THE PURCHASE PRICE OR pursuant to this Agreement. (WITH UNIPAC'S PRIOR WRITTEN CONSENT) REPAIR OR REPLACEMENT OF 12.2 Any disputes relating to and/or arising out of any Agreement and/or goods PURCHASED GOODS (RETURNED TO UNIPAC FREIGHT PRE-PAID); OR IN THE furnished pursuant to this Agreement that cannot be so resolved will be decided EVENT OF A FAILURE OR BREACH BY UNIPAC REGARDING DELIVERY, AN exclusively by binding arbitration. Such arbitration shall take place in Taipei, Taiwan AMOUNT EQUAL TO THE TOTAL PURCHASE PRICE OF THE GOODS THAT HAVE pursuant to the Rules for International Arbitrations under the American Arbitration NOT BEEN DELIVERED DUE TO SUCH FAILURE. Association. 5.3 Buyer will not return any goods without first obtaining a customer return order 12.3 Notwithstanding anything to the contrary, any party may apply to any court of number. competent jurisdiction for interim injunctive relief with respect to irreparable harm which 5.4 AS A SEPARATE LIMITATION, IN NO EVENT WILL UNIPAC BE LIABLE (i) FOR cannot be avoided and/or compensated by such arbitration proceedings, without breach COSTS OF SUBSTITUTE GOODS, (ii) FOR ANY SPECIAL, CONSEQUENTIAL, of this Article 12 and without any abridgment of the powers of the arbitrators. INCIDENTAL, RELIANCE OR INDIRECT DAMAGES, OR (iii) FOR LOSS OF USE, 13 ATTORNEYS' FEES OPPORTUNITY, MARKET POTENTIAL, GOODWILL AND/OR PROFIT ON ANY Reasonable attorneys' fees and costs will be awarded to the prevailing party in the THEORY (CONTRACT, TORT, FROM THIRD PARTY CLAIMS OR OTHERWISE). event of litigation involving the enforcement or interpretation of this Agreement. THESE LIMITATIONS SHALL APPLY NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OR OF ANY FAILURE OR INADEQUACY OF ANY REMEDY. Unipac optoelectronics corp. No. 5 , Li-Hsin Road 6, Science-Based Industrial Park, Hsin-Chu City, Taiwan, R.O.C. Fax : 886-3-5632899 Tel : 886-3-5645768 Unipac copyright 1999 All rights reserved, Copying forbidden. |
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