- Delivery and Return of Beta Products. Notion will, without charge, give You access to, give, or loan to You the Beta Products, as applicable, solely for the purpose of testing and evaluating the Beta Products in the United States during the period of time You are given to evaluate the Beta Products (the “Evaluation Period”). You agree that You may not be compensated for Your evaluation of the Beta Products or for any suggestions, ideas, enhancement requests, feedback, recommendations or other information provided by You related to the Beta Products (collectively, “Feedback”) You provide. If Notion provides You any compensation, You must disclose it if You publicly endorse, or offer testimonial regarding, the applicable Beta Products. You shall treat all tangible Beta Products with a reasonable degree of care for experimental equipment of a similar kind and shall bear all expenses associated with Your use of the Beta Products. Unless instructed otherwise by Notion, upon termination of this Addendum, You will promptly return to Notion all tangible Beta Products in accordance with the instructions provided by Notion, in the same condition as when it was received by You (normal wear and tear excepted).
- Restrictions. You shall not (a) reverse-engineer, disassemble, or decompile the Beta Products (or any portion thereof); (b) use the Beta Products for any purpose other than the evaluation of the Beta Products for Notion; (c) sell, resell, transfer, loan, assign, distribute or otherwise make available to any third party the Beta Products in any way; (d) modify or make derivative works based upon the Beta Products; (e) combine the Beta Products with any other hardware, software, or other products or materials; (f) obscure, remove or alter any of the trademarks, trade names, logos, patent or copyright notices or markings to the Beta Products, nor add any other notices or markings to the Beta Products or any portion thereof. You shall not publish any performance, or benchmark test or analysis relating to the Beta Products.
- Acknowledgement of Beta Products Limitations. You acknowledge that, due to the pre-release status of the Beta Products, there may be defects or deficiencies that make Beta Products unsuitable for use in any type of critical, live safety situation and You agree not to use the Beta Products in any such critical situation. You also acknowledge that the Beta Products may or may not work, and may stop functioning at any time. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, YOU AGREE TO READ AND COMPLY WITH ALL SAFETY WARNINGS AND INSTRUCTIONS THAT NOTION MAY PROVIDE TO YOU IN CONNECTION WITH THE BETA PRODUCT.
- Feedback. You agree to cooperate with Notion in testing and evaluating the Beta Products. Additionally, you agree to provide Feedback to Notion as requested during the Evaluation Period. Any Feedback you provide shall be deemed Notion Confidential Information (defined below) and shall not be disclosed to anyone except Notion. You hereby grant to Notion a non-exclusive, worldwide, perpetual, irrevocable, fully-paid, royalty-free sublicensable and transferable license under any and all intellectual property rights that you own or control to use, copy, modify, create derivative works based upon and otherwise exploit the Feedback for any purpose. Notion is entitled to use Feedback for any purpose without notice, restriction or remuneration of any kind to You.
- Intellectual Property Rights. As between You and Notion, Notion has and retains all right, title and interest in and to the Beta Products, including but not limited to all intellectual property rights therein. You acknowledge that any trademarks, trade names, logos, service marks, or symbols adopted by Notion to identify the Beta Products belong to Notion and/or its licensors. No express or implied license or right of any kind is granted to You regarding the Beta Products, other than a limited right to use the Beta Products in accordance with this Addendum for evaluation purposes during the Evaluation Period. You hereby grant to Notion a perpetual, irrevocable, royalty-free and fully-paid right to use and otherwise exploit Feedback for any purpose whatsoever.
- WARRANTY DISCLAIMER. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE BETA PRODUCTS ARE PROVIDED “AS IS” AND “AS AVAILABLE,” AND NOTION AND ITS SUPPLIERS MAKE NO REPRESENTATIONS, WARRANTIES OR CONDITIONS OF ANY KIND REGARDING THE BETA PRODUCTS. NOTION AND ITS SUPPLIERS HEREBY DISCLAIM ALL WARRANTIES, WHETHER STATUTORY, EXPRESS, OR IMPLIED, INCLUDING BUT NOT LIMITED TO ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, OR NON-INFRINGEMENT, AND ANY WARRANTY ARISING BY COURSE OF DEALING OR PERFORMANCE, OR USAGE OF TRADE. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, NOTION DOES NOT WARRANT THAT THE BETA PRODUCTS ARE ERROR-FREE OR WILL OPERATE WITHOUT INTERRUPTION, AND NOTION GRANTS NO WARRANTY REGARDING THEIR USE OR THE RESULTS THEREFROM, INCLUDING BUT NOT LIMITED TO THEIR FUNCTIONALITY OR RELIABILITY. NOTION DOES NOT WARRANT THAT A COMMERCIAL VERSION OF THE PRODUCT WILL EVER BE DEVELOPED OR RELEASED, OR THAT, IF DEVELOPED OR RELEASED, SUCH COMMERCIAL VERSION SHALL IN ANY WAY RESEMBLE OR OTHERWISE BE COMPATIBLE WITH THE BETA PRODUCTS OR ANY PORTION THEREOF PROVIDED HEREUNDER.
- LIMITATION OF LIABILITY. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL NOTION BE LIABLE TO YOU OR ANY THIRD PARTIES FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, LOST PROFITS, DATA, REVENUE OR CUSTOMERS, OR DAMAGES TO REPUTATION OR GOODWILL, HOWSOEVER ARISING, UNDER THIS AGREEMENT OR IN CONNECTION WITH THE PRODUCT, WHETHER UNDER CONTRACT, TORT OR OTHERWISE, REGARDLESS OF WHETHER FORESEEABLE OR NOT, AND REGARDLESS WHETHER NOTION HAS BEEN ADVISED OF THE POSSIBILITY THAT SUCH DAMAGES MAY ARISE, OCCUR OR RESULT, NOR FOR ANY COSTS, ATTORNEY FEES, EXPENSES, LOSSES OR DELAYS ALLEGED TO BE AS A CONSEQUENCE OF ANY DAMAGE CAUSED BY FAILURE OF, OR DEFECT IN, THE PRODUCT. SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU. IN NO EVENT SHALL NOTION BE LIABLE FOR PROCUREMENT COSTS OF SUBSTITUTE PRODUCT OR SERVICES. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL NOTION’S AGGREGATE, CUMULATIVE LIABILITY FOR ANY CLAIMS UNDER THIS AGREEMENT OR IN CONNECTION WITH THE PRODUCT EXCEED ONE HUNDRED U.S. DOLLARS ($100.00). THE EXISTENCE OF ONE OR MORE CLAIMS WILL NOT INCREASE THIS LIMIT. IN NO EVENT SHALL NOTION’S SUPPLIERS HAVE ANY LIABILITY ARISING OUT OF OR IN ANY WAY CONNECTED TO THIS AGREEMENT. YOU ACKNOWLEDGE THAT NOTION HAS PERMITTED YOU TO PARTICIPATE IN THE EVALUATION OF THE PRODUCT IN RELIANCE ON THE TERMS OF THIS AGREEMENT AND THAT THE SAME FORM AN ESSENTIAL BASIS OF THE BARGAIN BETWEEN THE PARTIES.