GEA Beta User Agreement

GE APPLIANCES ("GEA") BETA TESTING AND CONFIDENTIALITY AGREEMENT

Thank you for your interest in beta testing new features for GEA. As part of this program you will have access to new material, accessories, software upgrades and features, including potentially additional hardware supplied by GEA (“Beta Features”) before the general public release. Therefore, it is important that you keep these Beta Features confidential and do not share any information about them to anyone, including the press. We request that you provide us accurate feedback about your experience using the Beta Features. We have your permission and license to use such feedback and any suggestions you may provide in any way.

To qualify as a Beta Tester, you cannot be a member of the press, a blogger or social media influencer, or be employed by a competitor. You must be over the age of 18 and be legally able to consent to this Agreement.

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.

GEA is developing the Beta Features as part of its existing cooking products and platforms (the "Products").

NOW, THEREFORE, in consideration of the mutual covenants set forth herein, the parties hereby agree as follows:

1. Confidentiality. You agree to keep confidential and not disclose or discuss to any third party: a) The Beta Features and any materials provided by GEA; b) your participation in the Beta Test; and c) any and all communications between you and GEA, whether written or verbal. Your confidentiality obligations continue until the Beta Features are publicly released.
2. 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.
3. Feedback. You agree to provide prompt feedback to GEA about your experience with the Beta Features when requested. This may include surveys, questionnaires, telephone interviews, online recordkeeping of issues or problems, provision of ideas or suggestions on potential improvements, or other requests for information, whether delivered orally or electronically, on the Beta Features. You agree that GEA may use, disclose, license, and commercialize any feedback in any way. You hereby presently grant all required licenses to GEA to use such feedback and any associated intellectual property rights.
4. Beta License. GEA grants You a personal nonexclusive, nontransferable and revocable license to use the Beta Features in your own home for the sole purpose of participating in the Beta Test. This license cannot be transferred to another user or address and is valid only as long as you are actively participating in the Beta Test. 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.
5. Disclaimer of Warranties. The Beta Features are still in development and have not been commercially released. The Beta Features may contain errors and have not passed any necessary testing or regulatory compliance process required for commercial release. GEA may discontinue the Beta Features or never release a commercial version at its sole discretion. GEA has the unilateral right to discontinue the Beta Test. You acknowledge that you have not paid any consideration to GEA for the Beta Features. THE BETA FEATURES ARE BEING SUPPLIED TO YOU "AS IS". GEA MAKES NO WARRANTIES REGARDING THE BETA 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.
6. Ownership. GEA owns all right, title and interest in and to the Beta 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. You agree not to use GEA's trademarks or other business names for any purpose. Any materials provided under this Agreement are the sole property of GEA.  
7. 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 BETA 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.

8. GEA will handle the user’s personal data in accordance with the SmartHQ Privacy Statement found at  https://static.brillion.geappliances.com/policies/privacy_policy.html.

1. Term. This Agreement will terminate at either 1) the end of the Beta Test Program which may include multiple features over a period of time or 2) when Beta Tester is no longer an active participant in Beta Test. GEA has the right to deactivate Beta Features upon Termination.
2. 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.
3. Assignment. This agreement may not be assigned and any attempt to assign will be null and void.
4. 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.
5. Miscellaneous. This Agreement is the entire agreement between you and GEA regarding this subject matter. You acknowledge that your breach of obligations under this Agreement regarding confidentiality or any intellectual property rights of GEA will cause irreparable harm for which there are no adequate remedies at law such that GEA will be entitled to seek equitable relief to prevent such harm.
6. Acknowledgement. You acknowledge that you have read this Agreement and agree to be bound by its terms and conditions.