Experimental Products. If Seller delivers Prototypes, Unless Customer has received Seller’s prior written approval, Customer agrees that such Prototypes are confidential and experimental in nature, that Customer will limit their availability only to those of its employees as are necessary to carry out the testing and evaluation contemplated by the Parties and to no others, and that all information concerning such Prototypes s received or generated by Customer shall become and remain the proprietary property of Seller, and shall not be disclosed to any third party. Customer’s receipt, use and evaluation of such Prototypes are subject to the provisions hereof relating to “Limitation of Liability.”
Experimental Products. If Seller delivers Products identified as “prototypes,” “samples,” “for engineering approval,” “on consignment,” “for developmental purposes,” “for evaluation,” or terms of similar import, Customer agrees that such Products are confidential and experimental in nature, that Customer will limit their availability only to those of its employees as are necessary to carry out the testing and evaluation contemplated by the Parties and to no others, and that all information concerning such Products received or generated by Customer shall become and remain the proprietary property of Seller, and shall not be disclosed to any third party. Customer’s receipt, use and evaluation of such Products are subject to the provisions hereof relating to “Limitation of Liability.” It is anticipated that changes may be made in the manufacture of such Products based on such test and, therefore, Customer shall communicate to Seller the data accumulated during its testing and evaluation of the Products.
Experimental Products. If Nanolumens delivers “prototype,” “sample,” “for engineering approval,” or other similarly designated goods (“Experimental Goods”), it is an express condition that the Experimental Goods are provided AS IS and without warranty of any kind. Experimental Goods and related documentation are exclusively the intellectual property rights of Nanolumens and shall remain confidential. Delivery of Experimental Goods to Xxxxx neither creates nor transfers any license, implied or express, of intellectual property rights. Buyer will disclose Experimental Goods only to such of Xxxxx’s employees who need such disclosure to carry out testing and evaluation to which Xxxxxxxxxx has agreed and to no consultants without prior written approval of Nanolumens. Buyer will provide Nanolumens with all reports and results from Buyer’s testing and evaluation of Experimental Goods. NANOLUMENS DISCLAIMS ALL WARRANTIES, EXPRESS, IMPLIED OR STATUTORY, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF FITNESS FOR PARTICULAR PURPOSE, MERCHANTABILITY, TITLE AND NON- INFRINGEMENT, WITH RESPECT TO ANY EXPERIMENTAL GOODS.
Experimental Products. If Seller delivers “prototype,” “sample,” “for engineering approval,” or other similarly designated goods (“Experimental Goods”), it is an express condition that the Experimental Goods are without warranty of any kind, express or implied, including but not limited to the warranty in paragraph 6. Experimental Goods and related documentation are exclusively Seller’s IP and shall remain confidential. Seller’s delivery of Experimental Goods to Xxxxx neither creates nor transfers any license, implied or express, of Seller’s IP. Buyer will disclose Experimental Goods only to such of Xxxxx’s employees who need such disclosure to carry out testing and evaluation to which Seller has agreed and to no consultants without Seller’s prior written approval. Buyer will provide Seller with all reports and results from Xxxxx’s testing and evaluation of Experimental Goods. SELLER DISCLAIMS WARRANTY OF FITNESS FOR PARTICULAR PURPOSE AND MERCHANTABILITY, TITLE AND NONINFRINGEMENT.
