Pilot Program Terms & Conditions
EVERSUN PILOT EDITION
Thank you for your interest in Eversun’s Pilot Edition.
PLEASE READ THESE BETA PRODUCT TERMS & CONDITIONS (“Agreement”) governing your use of the hardware for the beta product known as Eversun Pilot Edition provided to you by Eversun LLC (“Eversun Lighting”).
- “Beta Product” means Eversun’s Portable Light System Pilot Edition.
- License. Eversun grants to you a non-exclusive, non-transferable, non-sublicensable license to use the Beta Product solely for the purposes of testing, research and evaluation. You shall not modify, disassemble, decompile, reverse engineer, rent, lease, loan, transfer, or make copies of the Beta Product.
- Confidentiality. While we encourage you to share pics of Eversun’s Portable Lighting system in use, some information disclosed by Eversun to you hereunder or otherwise in connection with the Beta Product, including without limitation performance data, and other information relating to or obtained from the Beta Product, is “Confidential Information” of Eversun. You will not use the Confidential Information except as necessary under this Agreement, and will not disclose any portion of the Confidential Information to any other person or entity. You will use all reasonable steps to protect the Confidential Information from unauthorized use or disclosure. Confidential Information does not include information that: (1) was rightfully known by you at the time of disclosure without an obligation of confidentiality, (2) is lawfully obtained by you from a third party without restriction on use or disclosure, or (3) is or becomes generally known to the public through no fault or breach of this Agreement by you.
- THE BETA PRODUCT MAY CONTAIN ERRORS AND IS PROVIDED FOR LIMITED EVALUATION ONLY. THE BETA PRODUCT IS PROVIDED “AS IS” WITHOUT WARRANTY OF ANY KIND, WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE. EVERSUN SPECIFICALLY DISCLAIMS ALL IMPLIED WARRANTIES OF MERCHANTABILITY, NONINFRINGEMENT AND FITNESS FOR A PARTICULAR PURPOSE.
- IN NO EVENT SHALL EVERSUN HAVE LIABILITY FOR ANY INDIRECT, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THESE LIMITATIONS SHALL APPLY NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY.
- Governing Law/Venue. This Agreement shall be governed by California law (without reference to conflict of laws principles), and venue for any dispute shall be San Diego County, California.
- Miscellaneous. Notwithstanding the choice of forum/venue provision above, Eversun may seek injunctive or equitable relief in any court of competent jurisdiction. You shall not assign this Agreement, directly or indirectly, by operation of law or otherwise, without the prior written consent of Eversun. You shall comply in all respects with all U.S., Swiss and foreign export and re-export laws and regulations applicable to the technology and documentation provided hereunder. This is the entire agreement between the parties relating to the subject matter hereof. No waiver or modification of this Agreement shall be valid unless in writing signed by each party. If any provision of this Agreement is held by a court of competent jurisdiction to be contrary to law the remaining provisions of this Agreement shall remain in full force and effect.