Prototype I and Prototype II Use Clause Samples

Prototype I and Prototype II Use. The use of the Prototype I and Prototype II shall be limited to product development, promotional purposes, training, engineering "Alpha" testing and clinical "Beta" testing and expressly not for commercial production, distribution or medical treatment of any person without the prior written consent of TeraRecon. The Prototype I and Prototype II are intended for human use in their "Alpha" and "Beta" testing applications in clinical settings; provided, however, that Imatron will defend, indemnify and hold harmless TeraRecon from and against any losses, damages, expenses or other costs (including, without limitation, reasonable attorney's fees) arising out of or resulting from any claims in connection with any human use, treatment, observation and/or diagnosis.