EARLY ACCESS PROGRAM AGREEMENT
Thank you for your interest in obtaining early access to new GEA product features. As part of this program, you will have access to new material, accessories, software upgrades and features, including potentially additional hardware supplied by GEA (“New Features”) before the general public release GEA provides selected users (“Users”) early access so that they may try out the New Features and share their thoughts with GEA and with other Users. The terms of this program are described below.
You must be over the age of 18 and be legally able to consent to this Agreement to participate in this program.
THIS AGREEMENT IS BETWEEN YOU AND HAIER US APPLIANCE SOLUTIONS, INC. DBA GE APPLIANCES AND ITS AFFILIATES (COLLECTIVELY, “GEA”). IF YOU AGREE TO THE TERMS IN THIS AGREEMENT AND ARE QUALIFIED, PLEASE READ THE TERMS OF THIS AGREEMENT AND CLICK TO ACCEPT.NOW, THEREFORE, in consideration of the mutual covenants set forth herein, the parties hereby agree as follows:
- No Conflicting Loyalty. You represent that neither you nor any household member is a) a member of the press or any public newsgroup; b) a blogger or social media influencer; or c) an employee or representative of any competitor of GEA.
- Feedback. You agree that GEA may use, disclose, license, and commercialize any feedback you provide in any way GEA chooses, provided that GEA will not use your feedback in a manner that would personally identify you unless you provide us your prior consent to do so.
- License. GEA grants You a personal nonexclusive, nontransferable and revocable license to use the New Features in your own home for the sole purpose of participating in the program. You agree not to reverse engineer, disassemble or decompile any prototypes, software or other tangible objects which GEA may provide to You under this Agreement.
- Disclaimer of Warranties. The New Features are still in development and have not been commercially released. The New Features may contain errors and have not passed any necessary testing or regulatory compliance process required for commercial release. GEA may discontinue the New Features or never release a commercial version at its sole discretion. GEA has the unilateral right to discontinue this program. You acknowledge that you have not paid any consideration to GEA for the New Features. THE NEW FEATURES ARE BEING SUPPLIED TO YOU "AS IS". GEA MAKES NO WARRANTIES REGARDING THE NEW FEATURES, 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.
- Ownership. GEA owns all right, title and interest in and to the New Features 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. Any materials provided under this Agreement are the sole property of GEA.
- Limitation of Liability. IN NO EVENT SHALL GEA BE LIABLE TO YOU OR ANY OTHER PARTY FOR DAMAGES OF ANY KIND ARISING FROM INSTALLATION OR USE OF THE NEW FEATURES, WHETHER RESULTING FROM A TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT, WARRANTY OR OTHER FORM OF ACTION, INCLUDING BUT NOT LIMITED TO DIRECT, INDIRECT, SPECIAL, INCIDENTAL AND CONSEQUENTIAL DAMAGES, OF ANY KIND ARISING IN ANY WAY OUT OF THIS AGREEMENT, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGE. THE PARTIES AGREE THAT THE FOREGOING LIMITATION OF LIABILITY IS MATERIAL TO THIS AGREEMENT.
- GEA will handle your personal data in accordance with the SmartHQ Privacy Statement found at https://static.brillion.geappliances.com/policies/privacy_policy.html.
- Term. This Agreement will terminate at either 1) the end of the program if GEA decides to terminate the program or 2) when you decide not to continue as a User. GEA has the right to deactivate New Features upon termination.
- Export Laws. Any information exchanged under this agreement is subject to the export laws and regulations of the United States and You agree to comply with such laws. You represent and warrant that You are not located in, under the control of, or a national or resident of any country subject to restriction by the United States government or any other applicable law. A list of countries subject to restriction by the United States government may be reviewed at http://www.bis.doc.gov/index.htm.
- Assignment. This agreement may not be assigned and any attempt to assign will be null and void.
- Governing Law. This Agreement shall be governed by the laws of the State of Delaware, without reference to its conflict of law principles. You consent to jurisdiction in the federal and state courts of Delaware.
- Miscellaneous. This Agreement is the entire agreement between you and GEA regarding this subject matter.
- Acknowledgement. You acknowledge that you have read this Agreement and agree to be bound by its terms and conditions.
