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Evaluation Agreement Terms & Conditions
This Evaluation Agreement (the "Agreement") is made between Atlona, Inc. with its principal place of business located at 70 Daggett Dr, San Jose, CA 95134 ("Atlona") and “the Customer" having a principal place of business at the Bill to Address set forth on this Agreement. This Agreement is made between Atlona, Inc. and the Customer for the purpose of testing and evaluating the Atlona product(s).
This Evaluation Agreement (the "Agreement") is made between Atlona, Inc. with its principal place of business located at 70 Daggett Dr, San Jose, CA 95134 ("Atlona ") and “the Customer"
1. PERMITTED USES AND RESTRICTIONS. Atlona agrees to loan to Distributor, Dealer, Consultant or Business end-user the Products for the purpose of Customer's internal evaluation of the Products (the “Purpose”) in accordance with the terms and conditions of this Evaluation Agreement (the “Agreement”). Customer agrees: (a) to use the Products only for the Purpose; (b) to assume liability for any damages to the Products from misuse, neglect, or abuse; (c) to maintain the Products only at the location specified below; (d) not to alter or modify the Products.
2. TERM AND TERMINATION. This Agreement shall become effective upon Customer’s execution of this Agreement, and will continue for a period of thirty (30) days from the shipment of product(s) by Atlona; provided, however, either party may terminate this Agreement at will at any time before that date. Upon termination of the Agreement, customer agrees to either return Product(s) or pay for the Product(s) in full. If the Products are not purchased, at Customer’s expense, Customer shall return them in the same condition as they were received. If the Products are returned damaged or deemed non-sellable, Customer agrees to pay for the Product(s) in full.
3. RESERVATION OF RIGHTS. Atlona retains all right, title and interest in the Products and in all materials delivered in connection with such Products. Customer has no rights other than those granted in this Agreement. The Products shall be used by Customer for the Purposes only and within the other parameters as mutually determined by the parties.
4. DISCLAIMERS/LIABILITY LIMITATION. The product(s) and technical support (if any) are provided “as is” without warranty, express or implied, including but not limited to the implied warranties of merchantability and fitness for a particular purpose. In no event will Atlona be liable for any damages under this agreement.
5. GENERAL. This Agreement will be construed under the laws of the State of California, except for that body of law dealing with conflicts of law and the U.N. Convention of Contracts for the Sale of International Goods, which shall not apply. In the event there is a dispute concerning the subject matter of this Agreement, the proper venue shall be the County of Santa Clara, State of California, United States of America.
IN WITNESS WHEREOF, the parties have executed this Agreement as of the last date set forth below.