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Copyright © 2021 CoreTigo Ltd.
TigoStarter K22
User Manual
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40
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43
5. Price and Payment Terms.
Company agrees to compensate CoreTigo for the Evaluation in the
amount as set forth in the quotation attached hereto and/or associated and referencing this Agreement,
which shall be paid prior to and as a contingent of the delivery of the Product. The foregoing payment
shall be made free and clear of, and without reduction for sales, use, value added, excise, withholding
or similar tax, which shall be at the sole responsibility of Company.
6. Title and Ownership.
The Product is a valuable trade secret of CoreTigo and any disclosure or
unauthorized use thereof will cause irreparable harm and loss to CoreTigo. All right, title and interest in
and to the Product, any derivatives thereof and modifications thereto, including associated intellectual
property rights (including, without limitation, patents, copyrights, trade secrets, trademarks, etc.),
evidenced by or embodied in and/or attached/connected/related to the Product, are and will remain
with CoreTigo. To dispel any doubt, the results of the Evaluation shall be considered CoreTigo’s
Confidential Information (as defined hereunder). This Agreement does not convey to Company an
interest in or to the Product, but only a limited revocable right of use in accordance with the terms
herein. Nothing in this Agreement constitutes a waiver of CoreTigo’s intellectual property rights under
any law.
7. Suggestions and Feedback.
It is understood that Company may, at its sole discretion, provide
CoreTigo with suggestions and/or comments with respect to the Product (“Feedback”). Company
represents that it is free to do so and that it shall not provide CoreTigo with Feedback that infringes
upon third parties’ intellectual property rights. Company further acknowledges that notwithstanding
anything herein to the contrary, any and all rights, including intellectual property rights in such Feedback
shall belong exclusively to CoreTigo and that such shall be considered Core
Tigo’s Confidential
Information. It is further understood that use of Feedback, if any, may be made by CoreTigo at its sole
discretion, and that CoreTigo in no way shall be obliged to make use of any kind of the Feedback or
part thereof.
8. Content.
Company shall be solely responsible for any content and data used or optimized by Company
by means of the Product.
UNDER NO CIRCUMSTANCES WHATSOEVER WILL CORETIGO BE LIABLE IN ANY WAY FOR
ANY CONTENT AND/OR DATA INCLUDING, WITHOUT LIMITATION, FOR ANY ERRORS OR
OMISSIONS IN ANY CONTENT AND/OR DATA, OR FOR ANY INFRINGEMENT OF THIRD PARTY’S
RIGHT, LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF THE
CONTENT, DATA AND/OR THE PRODUCT.
9. Support.
During the Evaluation Period, CoreTigo shall make reasonable efforts to provide Company
assistance via telephone, facsimile or email to answer any questions or concerns relating to the
Product. Such assistance shall be provided at no charge to Company.
10. Warranty Disclaimer.
COMPANY ACKNOWLEDGES THAT THE PRODU
CT IS PROVIDED “AS IS”, AND CORETIGO
DISCLAIMS ANY AND ALL WARRANTIES, WHETHER EXPRESS OR IMPLIED, INCLUDING,
WITHOUT LIMITATION, ANY IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A
PARTICULAR PURPOSE AND ANY WARRANTY OF NON-INFRINGEMENT OF THIRD PA
RTIES’
RIGHTS, INCLUDING INTELLECTUAL PROPERTY RIGHTS.
11. High Risk Activities.
Company hereby acknowledges that the Product is not fault tolerant and is not
designed, manufactured or intended for use or resale as on-line control equipment in hazardous or high
risk environments and activities requiring fail-safe performance (such as in the operation of nuclear
facilities, aircraft navigation or communication systems, air traffic control, direct life support machines