Sensate Beta Programme Terms
These Beta Terms and Conditions (these “Terms”) govern the placing of pre-orders (“Pre-Order”) with BioSelf Technology Ltd., a company registered in England and Wales, company number 9818825 (the “Company”) for the Products (as defined below). Please read these Terms carefully before submitting your Pre-Order of any BioSelf Technology Products. By submitting your Pre-Order, you agree to be legally bound by these terms.
You may pre-order the Sensate beta device. BioSelf Technology may also make other Sensate labelled products available for pre-order in its discretion (collectively, the “Products”).
When placing a Pre-Order for the Products, you will be required to provide certain information, such as your address and billing information. You represent and warrant that all such information is accurate, and you shall ensure that such information is kept current. Company shall have no responsibility or liability for inaccurate information or information that later becomes outdated, and shall have no obligation to make efforts to determine the correct contact or shipping information. You can update your information at any time prior to your product being shipped by sending an e-mail to [email protected]
To place a pre-order, you will be charged in full at the time of placing the order. Methods of payment accepted include Visa, Master Card, American Express, PayPal and others as made available from time to time by the payment gateway provider. Your placing of a pre-order constitutes your express agreement to the company charging of your provided payment method at such time. The purchase price does not include any additional import duties, taxes, and shipping beyond those included in the sale price, which are your responsibility.
Upon a particular number of Beta devices having been sold, this number being at the total discretion of the Company, any further pre-orders will automatically be placed onto a waiting list and the amount you have paid will be deemed to be a non-refundable deposit towards the next available production run of the device, whenever that may occur.
PRODUCT AVAILABILITY AND SHIPPING
Products are expected to be ready to ship in early 2017 and are subject to reasonable delays in manufacturing and/or delivery. Such date is only an estimate, is subject to change, and Company does not represent or warrant that it will be able to ship the Product by the estimated date. As a result, in the event that a delay arises and the estimated shipment and/or release of the product is not met, BioSelf Technology is not responsible for any damages that may occur due to the delay, nor shall it be obligated, except as set forth in these Terms, to provide any discounts, refunds or credits due to any such delays. The Products will be shipped in the order determined by the Company in its sole discretion.
Once you place your pre-order, your order is final, non-cancellable and non-refundable, except as specified in these Terms. Your statutory rights are unaffected.
TERMS AND CONDITIONS OF SALE
The purchase of the Products is subject to additional terms and conditions provided by Company, including in respect of any software included in the Products or intellectual property embodied in the Products or data collected by the Products. The current Terms of Sale can be requested from Company and are subject to change without notice.
EVALUATION FEEDBACK AND HOW WE USE YOUR DATA
The purpose of this limited licence is the testing and evaluation of the Beta Products and Documentation. In furtherance of this purpose, You shall provide feedback to BioSelf Technology concerning the functionality and performance of the Beta Products from time to time as reasonably requested by BioSelf Technology, including, without limitation, identifying potential errors, improvements, modifications, bug fixes, or enhancements proposed by BioSelf Technology ("Feedback"). Such Feedback will be in a manner convenient to you. Feedback and other information which is provided by you to BioSelf Technology in connection with the Beta Products or this Agreement may be used by BioSelf Technology to improve or enhance its products and, accordingly, you grant BioSelf Technology a non-exclusive, perpetual, irrevocable, royalty-free, worldwide right and licence to use, reproduce, disclose, sublicense, distribute, modify, and otherwise exploit such Feedback and information without restriction. The data that we will store extends beyond the data currently referred to in the Terms to include usage data and personal performance data or suchlike.
PRODUCT LICENCE GRANT, USE AND OWNERSHIP
- Limited Licence. Subject to the terms and conditions of this Agreement, BioSelf Technology grants You a non-exclusive, non-transferable licence (without the right to sublicense) (i) to use the Product, and Software incorporated in the Product, in accordance with the Documentation solely for purposes of beta testing and evaluation; for purposes of clarification the use of the Product and Software is for non-production use only; and (ii) to use the Documentation provided with the Software in support of Your authorised use of the Product and Software incorporated in the Product. Nothing in this limited licence permits you to modify the Product, nor the Software incorporated in the Product.
- Provision and Return of Hardware. If BioSelf Technology issues hardware to you pursuant to this Agreement, BioSelf Technology is loaning such hardware to you solely for purposes of beta testing and evaluation; for purposes of clarification the use of the hardware is for non-production use only. You shall not disassemble the hardware, in whole or in part, or use any mechanical, electrical or other method to decompile, disassemble or decrypt the hardware or encourage others to do so. You shall do nothing inconsistent with BioSelf Technology’s title to the hardware, including but not limited to transferring, loaning, selling, assigning, pledging or otherwise disposing, encumbering or suffering a lien or encumbrance upon or against any interest in the hardware.
- You shall not copy or use the Beta Products (including the Documentation) or disseminate Confidential Information, to any third party except as expressly permitted in this Agreement. You will not, and will not permit any third party to, sublicense, rent, copy, modify, create derivative works of, translate, reverse engineer, decompile, disassemble, or otherwise reduce to human perceivable form any Software or accompanying Documentation. In no event shall you use the Beta Products for your product development or any other commercial purpose. The Beta Products and all performance data and test results, including without limitation, benchmark test results (collectively "Performance Data"), relating to the Beta Products are the Confidential Information of BioSelf Technology. Accordingly, You will not publish or disclose to any third party any Performance Data relating to the Beta Products.
- BioSelf Technology shall own and retain all right, title and interest in and to the Intellectual Property Rights in the Beta Products and any derivative works thereof, subject only to the limited licence expressly set forth in the Terms. You do not acquire any other rights, express or implied, in the Beta Products. ALL RIGHTS NOT EXPRESSLY GRANTED HEREUNDER ARE RESERVED TO BIOSELF TECHNOLOGY.
- No Support Services. BioSelf Technology is under no obligation to support the Beta Products in any way or to provide any updates to you. In the event BioSelf Technology, in its sole discretion, supplies any update to you, such update shall be deemed Software hereunder and shall be subject to the terms and conditions of this Agreement.
- For any hardware Product shipped to you under this Agreement, the following additional terms shall apply:
- You will maintain the Hardware in good working condition, reasonable wear and tear excepted.
- You are solely responsible for all risk of loss or damage to the Hardware while in your possession.
- Open Source Software. The terms and conditions of this Agreement shall not apply to any Open Source Software accompanying the Beta Products. Any such Open Source Software is provided under the terms of the open source licence agreement or copyright notice accompanying such Open Source Software.
BETA TERM AND TERMINATION
Unless otherwise terminated as specified under this Agreement, Your rights with respect to the Products will terminate upon the earlier of (a) the date the Hardware products are returned to BioSelf Technology, or (b) the initial release by BioSelf Technology of the next generally available version of the Product, or (c) 90 days after the effective date as determined by your order. Either party may terminate this Agreement at any time for any reason or no reason by providing the other party advance written notice thereof. Upon any expiration or termination of this Agreement, the rights and licences granted to You under this Agreement shall immediately terminate, and You will immediately cease using, and will return to BioSelf Technology (at Company's expense), the Products, Documentation, and all other tangible items in Your possession or control that are proprietary to BioSelf Technology or contain BioSelf Technology Confidential Information.
BioSelf Technology, in its sole discretion, may issue you with the next generally available version of the Product upon completion of Beta programme and your provision of Evaluation Feedback.
Except as expressly provided in these Terms and to the maximum extent permitted by applicable law, the Pre-Order products are provided “as is” and “as available”, with all faults and without CE mark, guaranteed warranty of any kind, and Company hereby disclaims all warranties and conditions with respect to the products, either express, implied or statutory, including, but not limited to, the implied warranties and/or conditions of merchantability, satisfactory quality, fitness for a particular purpose, accuracy, quiet enjoyment, and non-infringement of third party rights.
LIMITATION OF LIABILITY
To the extent not prohibited by applicable law, in no event shall the Company be liable for personal injury, or any incidental, special, indirect, or consequential damages whatsoever, arising out of or related to your use of or inability to use the Sensate device, however caused, regardless of the theory of liability (contract, tort, or otherwise) and even if the Company has been advised of the possibility of such damages. Some jurisdictions do not allow the limitation of liability for personal injury, or of incidental or consequential damages, so this limitation may not apply to you. In no event shall the Company’s total liability to you for all damages (other than as may be required by applicable law in cases involving personal injury) exceed the amount of your pre order. The foregoing limitations will apply even if the above stated remedy fails of its essential purpose.
COMPLETION OF BETA PROGRAMME
By providing the feedback described in this Agreement and engaging with the reasonable requests of the Company as set out here, you can complete your obligations under this Beta Agreement. Doing so will allow the company, at its sole discretion, to provide You with a further developed version of the device or to provide You with a code or similar mechanism to secure said device at a reduced or no cost.
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