As a beta tester, you will receive from Apollo Neuro™ software, documentation, or other materials from the Apollo Neuro (“App Beta Product”). You agree to keep it confidential, not take any screenshots of what Apollo Neuro shares, and not share or discuss any portion of the App Beta Product, development, and marketing plans that you learn as a beta-tester, your participation in the beta test program, and any verbal or written communication from Apollo Neuro employees, representatives about the App Beta Product.
No conflicting loyalty
You represent that neither you nor any household member a) is a member of the press or newsgroup, or b) an employee or representative of an Apollo Neuro competitor. You represent that the information you provide about yourself or within your beta testing feedback is accurate.
We request that you provide prompt feedback to Apollo Neuro regarding the operation or use of App Beta Product as you use them or when it’s requested. This may include filing online reports, maintaining a record of problems or errors, providing suggestions and ideas, and responding to written surveys or email requests from Apollo Neuro. You agree to and do hereby assign to Apollo Neuro all intellectual property and other rights throughout the world in your feedback. You further agree to execute such documents, and to take such other actions, as Apollo Neuro may request to obtain, vest, and enforce rights in your feedback.
Grant of license to test
Subject to the terms and conditions of this Agreement, Apollo Neuro grants you a personal, nonexclusive, nontransferable, and revocable license to use the App Beta Product. Your license will be valid only during the time that you are an active participant in the Apollo Neuro App Beta Testing program solely for the purposes of testing and evaluating the App Beta Product to assist Apollo Neuro in the completion of its development, and not for any commercial purpose or use. You agree not to reverse engineer software or other tangible objects which are provided to you hereunder.
Termination of your license to use the App Beta Product, either because you chose to end it or your participation is discontinued, will not affect any rights you have in the latest commercially released Apollo Neuro app version.
Disclaimer of warranties
You acknowledge and agree that: (a) the App Beta Product is not complete in development and has not been commercially released for sale by Apollo Neuro; (b) the Beta Product may not be fully functional, not ADA compliant, and it is expected that it will contain errors, design flaws or other problems, including problems that may adversely impact the operation of your existing Products; (c) the Beta Product may not be reliable during the time you are participating as a tester in the Apollo beta test program; (d) the Beta Product has not passed any required regulatory tests, including without limitation FCC, UL or other equivalent tests; (e) the Beta Product and its use may result in unexpected results, loss of data, electrical failures or other unpredictable damage or loss to you; (f) Apollo Neuro is under no obligation to release a commercial version of the Beta Product;
THE APP BETA PRODUCT IS BEING SUPPLIED TO YOU "AS IS". APOLLO NEURO MAKES NO WARRANTIES REGARDING THE APP BETA PRODUCT, EXPRESS OR IMPLIED, AND EXPRESSLY DISCLAIMS ALL SUCH WARRANTIES, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.
APOLLO NEURO’S LIMITED PRODUCT WARRANTY WILL COVER DAMAGES TO THE APOLLO NEURO HARDWARE DEVICE THAT IS DIRECTLY RELATED TO THE APP BETA PRODUCT, AS EVALUATED BY APOLLO NEURO, WITHIN THE DURATION OF YOUR PARTICIPATION IN THE APOLLO NEURO APP BETA TESTING PROGRAM.
You acknowledge and agree that Apollo Neuro owns all rights, title, and interest in and to the App Beta Product and in any and all intellectual property rights therein, including but not limited to any and all copyrights, patents, patent applications, trade secrets, trademarks, and other intangible rights therein. You agree not to use Apollo Neuro's trademarks or other business names for any purpose. You will not earn or acquire any rights or licenses under any copyrights, patents, trade secrets, trademarks, or other intellectual property rights on account of this Agreement or your performance under this Agreement. To the extent that Apollo Neuro provides you App Beta Products, you agree that all Apollo Neuro Materials are and remain the sole and exclusive property of Apollo Neuro.
This Agreement will automatically expire at the end of your participation as an Apollo Neuro App Beta Program tester unless terminated sooner in accordance with this Agreement. Either party may terminate this Agreement before the end of your participation in the Apollo Neuro Beta Program for any reason or no reason upon written notice to the other party. This Agreement will automatically terminate upon any breach by you of any of your obligations hereunder including breach of confidentiality obligations. Your breach of any of your obligations under the Agreement may result in your immediate removal from the Apollo Neuro beta program(s).
This Agreement shall be governed by the laws of the State of California, without reference to its conflict of law principles. You consent to the jurisdiction of the federal and state courts sitting in the State of California. This Agreement constitutes the entire agreement between you and Apollo Neuro with respect to the subject matter hereof and supersedes all prior oral or written understandings, communications, or agreements not specifically incorporated herein. If any provision of this Agreement is found to be invalid or unenforceable pursuant to judicial decree or decision, the remainder of this Agreement shall remain valid and enforceable according to its terms. You acknowledge that any breach of your obligations under this Agreement with respect to the proprietary rights of Apollo Neuro will cause Apollo Neuro irreparable injury for which there are inadequate remedies at law, and, therefore, Apollo Neuro will be entitled to equitable relief in addition to all other remedies provided by this Agreement or available at law or in equity.
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