Maxim Integrated MAX21100 6-Axis MEMS IMU teardown reverse costing report published by Yole Developpement
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The document provides a reverse costing analysis of the Maxim MAX21100 6-axis IMU, detailing its manufacturing costs, technology, and market comparisons. It also includes disclaimers about the accuracy of the data, financial estimates, and the company's responsibility for the use of this information. The analysis basis was on public data and expert assessments, along with a breakdown of the manufacturing and selling price evaluation processes.
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“Buyer”: Any business user (i.e. any person acting in the course of its business activities, for its business needs) enteringinto the following general conditions to the exclusion of consumers acting in their personal interests.
“Contracting Parties” or “Parties”: The Seller on the one hand and the Buyer on the other hand.
“IntellectualProperty Rights” (“IPR”) means any rights held by the Seller in its Products, including any patents, trademarks, registered models, designs, copyrights, inventions, commercial secrets and know-how, technical information, company or trading names and any other intellectual property rights or similar in any part of the world, notwithstanding the fact that they have been registered or not and including any pending registration of one of the above mentioned rights.
“License”: For the reports and databases, 2 different licenses are proposed. The buyer has to choose one license:
• One user license: one person at the company can use the report.
• Multi-user license: the report can be used by unlimited users within the company. Subsidiaries and Joint-Ventures are not included.
• Corporate license: purchased under “Annual Subscription” program, the report can be used by unlimited users within the company. Joint-Ventures are not included.
“Products”: Depending on the purchase order, reports or database on MEMS, CSC, Optics/MOEMS, Nano, bio… to be bought either on aunit basis or as an annual subscription. (i.e. subscription for a period of 12 calendar months). The annual subscription to a package (i.e. a global discount based on the number of reports that the Buyer orders or accesses via the service, a global search service on line on I-micronewsand a consulting approach), is defined in the order. Reports are established in PowerPoint and delivered on a PDF format and the database may include Excel files.
“Seller”: Based in Lyon (France headquarters), YoleDéveloppementis a market research and business development consultancy company, facilitating market access for advanced technology industrial projects. With more than 20 market analysts, Yoleworks worldwide with the key industrial companies, R&D institutes and investors to help them understand the markets and technology trends.
1. Scope
1.1 The Contracting Parties undertake to observe the following general conditions when agreed by the Buyer and the Seller.ANY ADDITIONAL, DIFFERENT, OR CONFLICTING TERMS AND CONDITIONS IN ANY OTHER DOCUMENTS ISSUED BY THE BUYER AT ANY TIME ARE HEREBY OBJECTED TO BY THE SELLER, SHALL BE WHOLLY INAPPLICABLE TO ANY SALE MADE HEREUNDER AND SHALL NOT BE BINDING IN ANY WAY ON THE SELLER.
1.2 This agreement becomes valid and enforceable between the Contracting Parties after clear and non-equivocal consent by anyduly authorized person representing the Buyer. For these purposes, the Buyer accepts these conditions of sales when signing the purchase order which mentions “I hereby accept Yole’sTerms and Conditions of Sale”. This results in acceptance by the Buyer.
1.3 Orders are deemed to be accepted only upon written acceptance and confirmation by the Seller, within [7 days] from thedate of order, to be sent either by email or to the Buyer’s address. In the absence of any confirmation in writing, orders shall be deemed to have been accepted.
2. Mailing of the Products
2.1 Products are sent by email to the Buyer:
-within [1] month from the order for Products already released; or
-within a reasonable time for Products ordered prior to their effective release. In this case, the Seller shall use its best endeavoursto inform the Buyer of an indicative release date and the evolution of the work in progress.
2.2 Some weeks prior to the release date the Seller can propose a pre-release discount to the Buyer
The Seller shall by no means be responsible for any delay in respect of article 2.2 above, and including incases where a new event or access to new contradictory information would require for the analyst extra time to compute or compare the data in order to enable the Seller to deliver a high quality Products.
2.3 The mailing of the Product will occur only upon payment by the Buyer, in accordance with the conditions contained in article 3.
2.4. The mailing is operated through electronic means either by email via the sales department or automatically online via anemail/password. If the Product’s electronic delivery format is defective, the Seller undertakes to replace it at no charge to the Buyer provided that it is informed of the defective formatting within 90 days from the date ofthe original download or receipt of the Product.
2.5 The person receiving the Products on behalf of the Buyer shall immediately verify the quality of the Products and their conformity to the order. Any claim for apparent defects or for non-conformity shall be sent in writing to the Seller within 8 days of receipt of the Products. For this purpose, the Buyer agrees to produce sufficient evidence of such defects. .
2.6 No return of Products shall be accepted without prior information to the Seller, even in case of delayed delivery. AnyProduct returned to the Seller without providing prior information to the Seller as required under article 2.5 shall remain at the Buyer’s risk.
3. Price, invoicing and payment
3.1 Prices are given in the orders corresponding to each Product sold on a unit basis or corresponding to annual subscriptions. They are expressed to be inclusive of all taxes. The prices may be reevaluated from time to time. The effective price is deemed to be the one applicable at the time of the order.
3.2 Yolemay offer a pre release discount for the companies willing to acquire in the future the specific report and agreeing on the fact that the report may be release later than the anticipated release date. In exchange to this uncertainty, the company will get a discount that can vary from 15% to 10%.
3.3 Payments due by the Buyer shall be sent by chequepayable to YoleDéveloppement, credit card or by electronic transfer to the following account:
HSBC, 1 place de la Bourse 69002 Lyon France
Bank code: 30056
Branchcode: 00170
Account n°: 0170 200 1565 87
BIC or SWIFT code: CCFRFRPP
IBAN: FR76 3005 6001 7001 7020 0156 587
To ensure the payments, the Seller reserves the right to request down payments from the Buyer. In this case, the need of downpayments will be mentioned on the order.
3.4 Payment is due by the Buyer to the Seller within 30 days from invoice date, except in the case of a particular written agreement. If the Buyer fails to pay within this time and fails to contact the Seller, the latter shall be entitled to invoice interest in arrears based on the annual rate Refiof the «BCE» + 7 points, in accordance with article L. 441-6 of the French Commercial Code. Our publications (report, database,tool...) are delivered only after reception of the payment.
3.5 In the event of termination of the contract, or of misconduct, during the contract, the Seller will have the right to invoice at the stage in progress, and to take legal action for damages.
4. Liabilities
4.1 The Buyer or any other individual or legal person acting on its behalf, being a business user buying the Products forits business activities, shall be solely responsible for choosing the Products and for the use and interpretations he makes of the documents it purchases, of the results he obtains, and of the advice and acts it deduces thereof.
4.2 The Seller shall only be liable for (i) direct and (ii) foreseeable pecuniary loss, caused by the Products or arising from a material breach of this agreement
4.3 In no event shall the Seller be liable for:
a) damages of any kind, including without limitation, incidental or consequential damages (including, but not limited to, damages for loss of profits, business interruption and loss of programs or information) arising out of the use of or inability to use the Seller’s website or the Products, or any information provided on the website, or in the Products;
b) any claim attributable to errors, omissions or other inaccuracies in the Product or interpretations thereof.
4.4All the information contained in the Products has been obtained from sources believed to be reliable. The Seller does not warrant the accuracy, completeness adequacy or reliability of such information, which cannot be guaranteed to be free from errors.
4.5 All the Products that the Seller sells may, upon prior notice to the Buyer from time to time be modified by or substituted with similar Products meeting the needs of the Buyer. This modification shall not lead to the liability of the Seller, provided that the Seller ensures the substituted Product is similar to the Product initially ordered.
4.6 In the case where, after inspection, it is acknowledged that the Products contain defects, the Seller undertakes to replace the defective products as far as the supplies allow and without indemnities or compensation of any kind for labor costs, delays, loss caused or any other reason. The replacement is guaranteed for a maximum of two months starting from the delivery date. Any replacement is excluded for any event as set out in article 5 below.
4.7 The deadlines that the Seller is asked to state for the mailing of the Products are given for information only and are not guaranteed. If such deadlines are not met, it shall not lead to any damages or cancellation of the orders, except for non acceptable delays exceeding [4] months from the stated deadline, without information from the Seller. In such case only, the Buyer shall be entitled to ask for a reimbursement of its first down payment to the exclusion of any further damages.
4.8 The Seller does not make any warranties, express or implied, including, without limitation, those of sale ability and fitness for a particular purpose, with respect to the Products. Although the Seller shall take reasonable steps to screen Products for infection of viruses, worms, Trojan horses or other codes containing contaminating ordestructive properties before making the Products available, the Seller cannot guarantee that any Product will be free from infection.
5. Force majeure
The Seller shall not be liable for any delay in performance directly or indirectly caused by or resulting from acts of nature, fire, flood, accident, riot, war, government intervention, embargoes, strikes, labor difficulties, equipment failure, late deliveries by suppliers or other difficulties which are beyond the control, and not the fault of the Seller.
6. Protection of the Seller’s IPR
6.1 All the IPR attached to the Products are and remain the property of the Seller and are protected under French and international copyright law and conventions.
6.2 The Buyer agreed not to disclose, copy, reproduce, redistribute, resell or publish the Product, or any part of it to any other party other than employees of its company. The Buyer shall have the right to use the Products solely for its own internal information purposes. In particular, the Buyer shall therefore not use the Product for purposes such as:
-Information storage and retrieval systems;
-Recordings and re-transmittals over any network (including any local area network);
-Use in any timesharing, service bureau, bulletin board or similar arrangement or public display;
-Posting any Product to any other online service (including bulletin boards or the Internet);
-Licensing, leasing, selling, offering for sale or assigning the Product.
6.3 The Buyer shall be solely responsible towards the Seller of all infringements of this obligation, whether this infringement comes from its employees or any person to whom the Buyer has sent the Products and shall personally take care of any related proceedings, and the Buyer shall bear related financial consequences in their entirety.
6.4 The Buyer shall define within its company point of contact for the needs of the contract. This person will be the recipient of each new report in PDF format. This person shall also be responsible for respect of the copyrights and will guaranty that the Products are not disseminated out of the company.
6.5 In the context of annual subscriptions, the person of contact shall decide who within the Buyer, shall be entitled to access on line the reports on I-micronews.com. In this respect, the Seller will give the Buyer a maximum of 10 password, unless the multiple sites organization of the Buyer requires more passwords. The Seller reserves the right to check from time to time the correct use of this password.
6.6 In the case of a multisite, multi license, only the employee of the buyer can access the report or the employee of thecompanies in which the buyer have 100% shares. As a matter of fact the investor of a company, the joint venture done with a third party etc..cannot access the report and should pay a full license price.
7. Termination
7.1 If the Buyer cancels the order in whole or in part or postpones the date of mailing, the Buyer shall indemnify the Sellerfor the entire costs that have been incurred as at the date of notification by the Buyer of such delay or cancellation. This may also apply for any other direct or indirect consequential loss that may be borne by the Seller, following this decision.
7.2 In the event of breach by one Party under these conditions or the order, the non-breaching Party may send a notification to the other by recorded delivery letter upon which, after a period of thirty (30) days without solving the problem, the non-breaching Party shall be entitled to terminate all the pending orders, without being liable for anycompensation.
8. Miscellaneous
All the provisions of these Terms and Conditions are for the benefit of the Seller itself, but also for its licensors, employeesand agents. Each of them is entitled to assert and enforce those provisions against the Buyer.
Any notices under these Terms and Conditions shall be given in writing. They shall be effective upon receipt by the other Party.
The Seller may, from time to time, update these Terms and Conditions and the Buyer, is deemed to have accepted the latest version of these terms and conditions, provided they have been communicated to him in due time.
9. Governing law and jurisdiction
9.1 Any dispute arising out or linked to these Terms and Conditions or to any contract (orders) entered into in application of these Terms and Conditions shall be settled by the French Commercial Courts of Lyon, which shall have exclusive jurisdiction upon such issues.
9.2 French law shall govern the relation between the Buyer and the Seller, in accordance with these Terms and Conditions.](https://image.slidesharecdn.com/yolemaximmax21100mems6-axisimusample-141003094538-phpapp02/85/Maxim-Integrated-MAX21100-6-Axis-MEMS-IMU-teardown-reverse-costing-report-published-by-Yole-Developpement-20-320.jpg)
Maxim Integrated MAX21100 6-Axis MEMS IMU teardown reverse costing report published by Yole Developpement
- 1. DISCLAIMER : System Plus Consulting provides cost studies based on its knowledge of the manufacturing and selling prices of electronic components and systems. The given values are realistic estimates which do not bind System Plus Consulting nor the manufacturers quoted in the report. System Plus Consulting is in no case responsible for theconsequences related to the use which is made of the contents of this report. The quoted trademarks are property of their owners. © 2014 by SYSTEM PLUS CONSULTING, all rights reserved. 1 ElectronicCosting & TechnologyExperts www.systemplus.fr 21 rue la Nouë Bras de Fer 44200 Nantes –France Phone : +33 (0) 240 180 916 email : info@systemplus.fr September 2014 –Version 1 –Written by Romain Fraux
- 2. Maxim MAX21100 6-Axis IMU Return to TOC © 2014 by SYSTEM PLUS CONSULTING, all rights reserved. 2 Glossary1. Overview / Introduction4 –Executive Summary –Reverse Costing Methodology2. Company Profile7 –Maxim Integrated –MAX21100 Characteristics 3. Physical Analysis15 –Synthesis of the Physical Analysis –Physical Analysis Methodology –Package18 –Package Views & Dimensions –Package Pin Out –Package Opening –Wire Bonding Process –Package Cross-Section –ASIC Die33 –View, Dimensions & Marking –Delayering –Main Blocks Identification –Cross-Section –Process Characteristics –MEMS Die45 –View, Dimensions & Marking –Bond Pad Opening –Cap Removed & Cap Details –Sensing Area Details –Cross-Section (Sensor, Cap & Sealing) –Process Characteristics –Consumer 6-Axis IMU Comparison78 –Comparison with STMicroelectronics, Bosch Sensortec and InvenSense 4. Manufacturing Process Flow83 –Global Overview –ASIC Front-End Process –ASIC Wafer Fabrication Unit –MEMS Process Flow –MEMS Wafer Fabrication Unit –Packaging Process Flow –Package Assembly Unit 5. Cost Analysis101 –Main steps of economic analysis –Yields Hypotheses –ASIC Front-End Cost –ASIC Back-End 0 : Probe Test & Dicing –ASIC Wafer & Die Cost –MEMS Front-End Cost –MEMS Back-End 0 : Probe Test & Dicing –MEMS Front-End Cost per process steps –MEMS Front-End: Equipment Cost per Family –MEMS Front-End: Material Cost per Family –MEMS Wafer & Die Cost –Back-End : Packaging Cost –Back-End : Packaging Cost per Process Steps –Back-End : Final Test Cost –MAX21100 Component Cost –Consumer 6-Axis IMU Cost Comparison 6. Estimated Price Analysis131 –Manufacturer Financial Ratios –Estimated Selling PriceContact136
- 3. Maxim MAX21100 6-Axis IMU Return to TOC © 2014 by SYSTEM PLUS CONSULTING, all rights reserved. 3 •Thisfullreversecostingstudyhasbeenconductedtoprovideinsightontechnologydata, manufacturingcostandsellingpriceoftheMaximMAX211006-AxisIMU. •TheMAX21100isamonolithic3-axisgyroscopeand3-axisaccelerometerInertialMeasurementUnit(IMU)assembledinindustry’ssmallestandthinnest3.0x3.0x0.83mmLGApackage.Itissuitableforhandsetandtabletapplications,gamecontrollers,motionremotecontrols,andotherconsumerdevices. •TheMEMSsensorcombinesthe6DoFfunctiononasinglediewithadualpressurewafer-levelcapping.ItismanufacturedwiththePSM-X2processjointlydevelopedbySensorDynamics(acquiredbyMaximin2011)andtheFraunhoferInstituteforSiliconTechnology. Thistechnologyplatformincludesaproprietarysurfacemicromachiningprocesstobuildthemechanicalstructuresandagoldsiliconeutecticwaferbondingallowinganhermeticencapsulationofthesensor. •Comparedwithstateoftheart6-AxisMEMSIMU(3-AxisGyro+3-AxisAccelerometer)suppliedbySTMicroelectronicsandBoschSensortec,thenewdesigndevelopedbyMaximforthisreferenceoffers17%to19%reductioninsiliconareafortheMEMSdie.Despitethispotentialsignificantcostadvantage,thefablessbusinessmodelusedbyMaximreducesconsiderablythissiliconareasaving. •AnothercomparisonwithlatestgenerationofInvenSenseGyrousingalsoafablessapproachletsappearthatthesiliconareareductionobtainedbyMaximwillnotbesufficienttocompetewithinnovatingprocessesliketheoneofInvenSenseormCube.
- 4. Maxim MAX21100 6-Axis IMU Return to TOC © 2014 by SYSTEM PLUS CONSULTING, all rights reserved. 4 The reverse costing analysis is conducted in 3 phases: Teardown analysis •Package is analyzed and measured •The dies are extracted in order to get overall data: dimensions, main blocks, pad number and pin out, die marking •Setup of the manufacturing process. Costing analysis •Setup of the manufacturing environment •Cost simulation of the process steps Selling price analysis •Supply chain analysis •Analysis of the selling price
- 5. Maxim MAX21100 6-Axis IMU Return to TOC © 2014 by SYSTEM PLUS CONSULTING, all rights reserved. 5 •Package: LGA 16-pin •Dimensions: 3.0 x 3.0 x 0.83mm •Pin Pitch:0.5mm Orientation of Axes (from datasheet) Package top view Package bottom view Package Side View 3.0mm 0.83mm 3.0mm •Marking: MI60A 1422I 494AM
- 6. Maxim MAX21100 6-Axis IMU Return to TOC © 2014 by SYSTEM PLUS CONSULTING, all rights reserved. 6 •The die marking includes the logo of Maxim Integrated and: VI03C 2012 ©Ⓜ92 ASIC Die Marking
- 7. Maxim MAX21100 6-Axis IMU Return to TOC © 2014 by SYSTEM PLUS CONSULTING, all rights reserved. 7
- 8. Maxim MAX21100 6-Axis IMU Return to TOC © 2014 by SYSTEM PLUS CONSULTING, all rights reserved. 8
- 9. Maxim MAX21100 6-Axis IMU Return to TOC © 2014 by SYSTEM PLUS CONSULTING, all rights reserved. 9
- 10. Maxim MAX21100 6-Axis IMU Return to TOC © 2014 by SYSTEM PLUS CONSULTING, all rights reserved. 10
- 11. Maxim MAX21100 6-Axis IMU Return to TOC © 2014 by SYSTEM PLUS CONSULTING, all rights reserved. 11
- 12. Maxim MAX21100 6-Axis IMU Return to TOC © 2014 by SYSTEM PLUS CONSULTING, all rights reserved. 12
- 13. Maxim MAX21100 6-Axis IMU Return to TOC © 2014 by SYSTEM PLUS CONSULTING, all rights reserved. 13
- 14. Maxim MAX21100 6-Axis IMU Return to TOC © 2014 by SYSTEM PLUS CONSULTING, all rights reserved. 14
- 15. Maxim MAX21100 6-Axis IMU Return to TOC © 2014 by SYSTEM PLUS CONSULTING, all rights reserved. 15
- 16. Maxim MAX21100 6-Axis IMU Return to TOC © 2014 by SYSTEM PLUS CONSULTING, all rights reserved. 16
- 17. Maxim MAX21100 6-Axis IMU Return to TOC © 2014 by SYSTEM PLUS CONSULTING, all rights reserved. 17
- 18. Maxim MAX21100 6-Axis IMU Return to TOC © 2014 by SYSTEM PLUS CONSULTING, all rights reserved. 18 Reverse costing analysis represents the best cost/price evaluation given the publically available data, and estimates completed by industry experts. Given the hypothesis presented in this analysis, the major sources of correction would lead to a +/-10% correction on the manufacturing cost (if all parameters are cumulated) These results are open for discussion. We can reevaluate this circuit with your information. Please contact us: Europe & USA Office •Yole Développement Headquarter, France:David Jourdan, Sales Coordination & Customer Service, Tel: +33 472 83 01 90, Email: jourdan@yole.fr JapanOffice •For custom research: YutakaKatano, General Manager, Yole Japan& President, Yole K.K. Phone: (81) 362 693 457 -Cell: (81) 80 3440 6466 -Fax: (81) 362 693 448 -Email: katano@yole.fr •For reports business: Takashi Onozawa, Sales Asia & General Manager, Yole K.K. Email: onozawa@yole.fr KoreaOffice •HaileyYang, Business DevelopmentManager, Phone : (82) 2 2010 883 -Cell: (82) 10 4097 5810 -Fax: (82) 2 2010 8899 –Email: yang@yole.fr
- 19. ORDER FORM Please process my order for “Maxim MAX21100 6-Axis MEMS IMU” Reverse Costing Analysis: Teardown & reverse Costing report: EUR 2,990* SHIP TO PAYMENT BILLING CONTACT Distributed by Performed by Name (Mr/Ms/Dr/Pr): ...................................................................................... Job Title: ...................................................................................... Company: ...................................................................................... Address: ...................................................................................... City: State: ...................................................................................... Postcode/Zip: ...................................................................................... Country*: ...................................................................................... *VAT ID Number for EU members: ...................................................................................... Tel: ...................................................................................... Email: ..................................................................................... Date: ....................................................................................... Signature : I hereby accept Yole’sTerms and Conditions of Sale (1) ...................................................................................... DELIVERY on receipt of payment On line on Yolewebsite: http:/www.i-micronews.com/reports/ CreditCard: Name of the Card Holder: CreditCardNumber: Card Verification Value (3 last digits except AMEX: 4 last digits) : Expiration date: By bank transfer: BANK INFO: HSBC, 1 place de la Bourse, F-69002 Lyon, France, Bank code: 30056, Branchcode: 00170 AccountNo: 0170 200 156587, SWIFT or BIC code : CCFRFRPP, IBAN : FR76 3005 6001 7001 7020 0156 587 Return orderby: •FAX: +33 (0)472 83 01 83 •MAIL: YOLE DEVELOPPEMENT, 75 Cours Emile Zola, F -69100 Lyon -Villeurbanne Contact: David Jourdan,jourdan@yole.fr, Tel: +33 (0)472 83 01 90 (1) Our Terms and Conditions of Sale are available www.yole.fr/Terms_and_Conditions_of_Sale.aspx The present document is valid 24 months after its publishing date:Sept. 24th, 2015. Visa Mastercard Amex Beginningin1998withYoleDéveloppement,wehavegrowntobecomeagroupofcompaniesprovidingmarketresearch, technologyanalysis,strategyconsulting,mediainadditiontofinanceservices.Withasolidfocusonemergingapplicationsusingsiliconand/ormicromanufacturingYoleDéveloppementgrouphasexpandedtoincludemorethan50associatesworldwidecoveringMEMS,Microfluidics&Medical,AdvancedPackaging,CompoundSemiconductors,PowerElectronics, LED,andPhotovoltaic.Thegroupsupportscompanies,investorsandR&Dorganizationsworldwidetohelpthemunderstandmarketsandfollowtechnologytrendstodeveloptheirbusiness. CUSTOM STUDIES • Market data, market research & marketing analysis • Technology analysis • Reverse engineering & reverse costing • Strategy consulting • Corporate Finance Advisory (M&A and fund raising) MEDIA •Critical news, Bi-weekly: Micronews, the magazine •In-depth analysis & Quarterly Technology Magazines: MEMS Trends –3D Packaging –PV Manufacturing –iLED–Power Dev' •Online disruptive technologies website: www.i-micronews.com •Exclusive Webcasts •Live event with Market Briefings TECHNOLOGY & MARKET REPORTS • Collection of reports • Players & market databases • Manufacturing cost simulation tools • Component reverse engineering & costing analysis More information on www.yole.fr ABOUT YOLE DEVELOPPEMENT *For price in dollars please use the day’s exchange rate. All reports are delivered electronically in pdf format. For French customer, please add 20 % for VAT
- 20. TERMS AND CONDITIONS OF SALES . Definitions: “Acceptance”: Action by which the Buyer accepts the terms and conditions of sale in their entirety. It is donebysigning the purchase order which mentions “I hereby accept Yole’sTerms and Conditions of Sale”. “Buyer”: Any business user (i.e. any person acting in the course of its business activities, for its business needs) enteringinto the following general conditions to the exclusion of consumers acting in their personal interests. “Contracting Parties” or “Parties”: The Seller on the one hand and the Buyer on the other hand. “IntellectualProperty Rights” (“IPR”) means any rights held by the Seller in its Products, including any patents, trademarks, registered models, designs, copyrights, inventions, commercial secrets and know-how, technical information, company or trading names and any other intellectual property rights or similar in any part of the world, notwithstanding the fact that they have been registered or not and including any pending registration of one of the above mentioned rights. “License”: For the reports and databases, 2 different licenses are proposed. The buyer has to choose one license: • One user license: one person at the company can use the report. • Multi-user license: the report can be used by unlimited users within the company. Subsidiaries and Joint-Ventures are not included. • Corporate license: purchased under “Annual Subscription” program, the report can be used by unlimited users within the company. Joint-Ventures are not included. “Products”: Depending on the purchase order, reports or database on MEMS, CSC, Optics/MOEMS, Nano, bio… to be bought either on aunit basis or as an annual subscription. (i.e. subscription for a period of 12 calendar months). The annual subscription to a package (i.e. a global discount based on the number of reports that the Buyer orders or accesses via the service, a global search service on line on I-micronewsand a consulting approach), is defined in the order. Reports are established in PowerPoint and delivered on a PDF format and the database may include Excel files. “Seller”: Based in Lyon (France headquarters), YoleDéveloppementis a market research and business development consultancy company, facilitating market access for advanced technology industrial projects. With more than 20 market analysts, Yoleworks worldwide with the key industrial companies, R&D institutes and investors to help them understand the markets and technology trends. 1. Scope 1.1 The Contracting Parties undertake to observe the following general conditions when agreed by the Buyer and the Seller.ANY ADDITIONAL, DIFFERENT, OR CONFLICTING TERMS AND CONDITIONS IN ANY OTHER DOCUMENTS ISSUED BY THE BUYER AT ANY TIME ARE HEREBY OBJECTED TO BY THE SELLER, SHALL BE WHOLLY INAPPLICABLE TO ANY SALE MADE HEREUNDER AND SHALL NOT BE BINDING IN ANY WAY ON THE SELLER. 1.2 This agreement becomes valid and enforceable between the Contracting Parties after clear and non-equivocal consent by anyduly authorized person representing the Buyer. For these purposes, the Buyer accepts these conditions of sales when signing the purchase order which mentions “I hereby accept Yole’sTerms and Conditions of Sale”. This results in acceptance by the Buyer. 1.3 Orders are deemed to be accepted only upon written acceptance and confirmation by the Seller, within [7 days] from thedate of order, to be sent either by email or to the Buyer’s address. In the absence of any confirmation in writing, orders shall be deemed to have been accepted. 2. Mailing of the Products 2.1 Products are sent by email to the Buyer: -within [1] month from the order for Products already released; or -within a reasonable time for Products ordered prior to their effective release. In this case, the Seller shall use its best endeavoursto inform the Buyer of an indicative release date and the evolution of the work in progress. 2.2 Some weeks prior to the release date the Seller can propose a pre-release discount to the Buyer The Seller shall by no means be responsible for any delay in respect of article 2.2 above, and including incases where a new event or access to new contradictory information would require for the analyst extra time to compute or compare the data in order to enable the Seller to deliver a high quality Products. 2.3 The mailing of the Product will occur only upon payment by the Buyer, in accordance with the conditions contained in article 3. 2.4. The mailing is operated through electronic means either by email via the sales department or automatically online via anemail/password. If the Product’s electronic delivery format is defective, the Seller undertakes to replace it at no charge to the Buyer provided that it is informed of the defective formatting within 90 days from the date ofthe original download or receipt of the Product. 2.5 The person receiving the Products on behalf of the Buyer shall immediately verify the quality of the Products and their conformity to the order. Any claim for apparent defects or for non-conformity shall be sent in writing to the Seller within 8 days of receipt of the Products. For this purpose, the Buyer agrees to produce sufficient evidence of such defects. . 2.6 No return of Products shall be accepted without prior information to the Seller, even in case of delayed delivery. AnyProduct returned to the Seller without providing prior information to the Seller as required under article 2.5 shall remain at the Buyer’s risk. 3. Price, invoicing and payment 3.1 Prices are given in the orders corresponding to each Product sold on a unit basis or corresponding to annual subscriptions. They are expressed to be inclusive of all taxes. The prices may be reevaluated from time to time. The effective price is deemed to be the one applicable at the time of the order. 3.2 Yolemay offer a pre release discount for the companies willing to acquire in the future the specific report and agreeing on the fact that the report may be release later than the anticipated release date. In exchange to this uncertainty, the company will get a discount that can vary from 15% to 10%. 3.3 Payments due by the Buyer shall be sent by chequepayable to YoleDéveloppement, credit card or by electronic transfer to the following account: HSBC, 1 place de la Bourse 69002 Lyon France Bank code: 30056 Branchcode: 00170 Account n°: 0170 200 1565 87 BIC or SWIFT code: CCFRFRPP IBAN: FR76 3005 6001 7001 7020 0156 587 To ensure the payments, the Seller reserves the right to request down payments from the Buyer. In this case, the need of downpayments will be mentioned on the order. 3.4 Payment is due by the Buyer to the Seller within 30 days from invoice date, except in the case of a particular written agreement. If the Buyer fails to pay within this time and fails to contact the Seller, the latter shall be entitled to invoice interest in arrears based on the annual rate Refiof the «BCE» + 7 points, in accordance with article L. 441-6 of the French Commercial Code. Our publications (report, database,tool...) are delivered only after reception of the payment. 3.5 In the event of termination of the contract, or of misconduct, during the contract, the Seller will have the right to invoice at the stage in progress, and to take legal action for damages. 4. Liabilities 4.1 The Buyer or any other individual or legal person acting on its behalf, being a business user buying the Products forits business activities, shall be solely responsible for choosing the Products and for the use and interpretations he makes of the documents it purchases, of the results he obtains, and of the advice and acts it deduces thereof. 4.2 The Seller shall only be liable for (i) direct and (ii) foreseeable pecuniary loss, caused by the Products or arising from a material breach of this agreement 4.3 In no event shall the Seller be liable for: a) damages of any kind, including without limitation, incidental or consequential damages (including, but not limited to, damages for loss of profits, business interruption and loss of programs or information) arising out of the use of or inability to use the Seller’s website or the Products, or any information provided on the website, or in the Products; b) any claim attributable to errors, omissions or other inaccuracies in the Product or interpretations thereof. 4.4All the information contained in the Products has been obtained from sources believed to be reliable. The Seller does not warrant the accuracy, completeness adequacy or reliability of such information, which cannot be guaranteed to be free from errors. 4.5 All the Products that the Seller sells may, upon prior notice to the Buyer from time to time be modified by or substituted with similar Products meeting the needs of the Buyer. This modification shall not lead to the liability of the Seller, provided that the Seller ensures the substituted Product is similar to the Product initially ordered. 4.6 In the case where, after inspection, it is acknowledged that the Products contain defects, the Seller undertakes to replace the defective products as far as the supplies allow and without indemnities or compensation of any kind for labor costs, delays, loss caused or any other reason. The replacement is guaranteed for a maximum of two months starting from the delivery date. Any replacement is excluded for any event as set out in article 5 below. 4.7 The deadlines that the Seller is asked to state for the mailing of the Products are given for information only and are not guaranteed. If such deadlines are not met, it shall not lead to any damages or cancellation of the orders, except for non acceptable delays exceeding [4] months from the stated deadline, without information from the Seller. In such case only, the Buyer shall be entitled to ask for a reimbursement of its first down payment to the exclusion of any further damages. 4.8 The Seller does not make any warranties, express or implied, including, without limitation, those of sale ability and fitness for a particular purpose, with respect to the Products. Although the Seller shall take reasonable steps to screen Products for infection of viruses, worms, Trojan horses or other codes containing contaminating ordestructive properties before making the Products available, the Seller cannot guarantee that any Product will be free from infection. 5. Force majeure The Seller shall not be liable for any delay in performance directly or indirectly caused by or resulting from acts of nature, fire, flood, accident, riot, war, government intervention, embargoes, strikes, labor difficulties, equipment failure, late deliveries by suppliers or other difficulties which are beyond the control, and not the fault of the Seller. 6. Protection of the Seller’s IPR 6.1 All the IPR attached to the Products are and remain the property of the Seller and are protected under French and international copyright law and conventions. 6.2 The Buyer agreed not to disclose, copy, reproduce, redistribute, resell or publish the Product, or any part of it to any other party other than employees of its company. The Buyer shall have the right to use the Products solely for its own internal information purposes. In particular, the Buyer shall therefore not use the Product for purposes such as: -Information storage and retrieval systems; -Recordings and re-transmittals over any network (including any local area network); -Use in any timesharing, service bureau, bulletin board or similar arrangement or public display; -Posting any Product to any other online service (including bulletin boards or the Internet); -Licensing, leasing, selling, offering for sale or assigning the Product. 6.3 The Buyer shall be solely responsible towards the Seller of all infringements of this obligation, whether this infringement comes from its employees or any person to whom the Buyer has sent the Products and shall personally take care of any related proceedings, and the Buyer shall bear related financial consequences in their entirety. 6.4 The Buyer shall define within its company point of contact for the needs of the contract. This person will be the recipient of each new report in PDF format. This person shall also be responsible for respect of the copyrights and will guaranty that the Products are not disseminated out of the company. 6.5 In the context of annual subscriptions, the person of contact shall decide who within the Buyer, shall be entitled to access on line the reports on I-micronews.com. In this respect, the Seller will give the Buyer a maximum of 10 password, unless the multiple sites organization of the Buyer requires more passwords. The Seller reserves the right to check from time to time the correct use of this password. 6.6 In the case of a multisite, multi license, only the employee of the buyer can access the report or the employee of thecompanies in which the buyer have 100% shares. As a matter of fact the investor of a company, the joint venture done with a third party etc..cannot access the report and should pay a full license price. 7. Termination 7.1 If the Buyer cancels the order in whole or in part or postpones the date of mailing, the Buyer shall indemnify the Sellerfor the entire costs that have been incurred as at the date of notification by the Buyer of such delay or cancellation. This may also apply for any other direct or indirect consequential loss that may be borne by the Seller, following this decision. 7.2 In the event of breach by one Party under these conditions or the order, the non-breaching Party may send a notification to the other by recorded delivery letter upon which, after a period of thirty (30) days without solving the problem, the non-breaching Party shall be entitled to terminate all the pending orders, without being liable for anycompensation. 8. Miscellaneous All the provisions of these Terms and Conditions are for the benefit of the Seller itself, but also for its licensors, employeesand agents. Each of them is entitled to assert and enforce those provisions against the Buyer. Any notices under these Terms and Conditions shall be given in writing. They shall be effective upon receipt by the other Party. The Seller may, from time to time, update these Terms and Conditions and the Buyer, is deemed to have accepted the latest version of these terms and conditions, provided they have been communicated to him in due time. 9. Governing law and jurisdiction 9.1 Any dispute arising out or linked to these Terms and Conditions or to any contract (orders) entered into in application of these Terms and Conditions shall be settled by the French Commercial Courts of Lyon, which shall have exclusive jurisdiction upon such issues. 9.2 French law shall govern the relation between the Buyer and the Seller, in accordance with these Terms and Conditions.