SF-106 Silvair Lighting Evaluation Kit User manual
HAVE FAILED OF ITS ESSENTIAL PURPOSE. SOME JURISDICTIONS DO NOT ALLOW THE
EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE
ABOVE LIMITATION AND EXCLUSION MAY NOT APPLY TO THE USER.
9. Indemnity.
The User undertakes to indemnify, hold harmless and defend Silvair and its
directors, officers, affiliates, shareholders, employees and agents from and against any
claims or lawsuits, including attorney’s fees, that arise or result of the User’s execution
of the Agreement and which is not due to causes for which Silvair is responsible.
10. Confidentiality.
The User acknowledges the proprietary and confidential nature of any
components, documentation, software and its derivative works of the Silvair Lighting
Evaluation Kit. The User will at all times maintain appropriate physical security of the
Silvair Evaluation Kit. The User agrees that knowledge of or information about
pre–release features, capabilities or errata of the Silvair Evaluation Kit gained through
the User’s use of the Silvair Evaluation Kit (including knowledge or information gained
through the use of any test and measurement equipment) and feedback is Silvair
Confidential Information. The User may not disclose any Silvair Confidential
Information received under this Agreement to any third party without prior written
approval from Silvair. Any residual rights, express or implied, concerning the
Developer’s residual use of Silvair Confidential Information will not apply to the
Developer’s use or evaluation of the Silvair Lighting Evaluation Kit.
11. Feedback.
To assist Silvair in identifying problems with and making improvements to
the Silvair Lighting Evaluation Kit, Silvair invites the User’s suggestions, comments, or
other feedback, including problems relating to any bugs, errors or other problems
discovered during the course of the User’s evaluation or use of the Silvair Lighting
Evaluation Kit (“Feedback”). The User will use reasonable efforts to help Silvair analyze
problems or issues with the Silvair Evaluation Kit encountered by Silvair. The User
grants to Silvair a non–exclusive, irrevocable, worldwide, royalty-free license under
Silvair’s intellectual property rights to display, perform, copy, distribute, make, have
made, make derivative works, use, sell, offer to sell, and import Feedback, without
reference to Silvair as the source.
12. Transfer of Rights.
Neither this Agreement nor any rights or obligations hereunder may
be assigned or delegated (whether by operation of law, in conjunction with a change of
control or ownership, or otherwise) by the User without Silvair’s prior written consent,
otherwise shall be null and void.
13. Review
. The User agrees to cooperate with Silvair during commercially reasonable
audits to verify the User’s compliance with its obligations under this Agreement.
[email protected] www.silvair.com
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