Product-Specific Terms
Effective Date: Feb 17th, 2025
The following Product-Specific Terms apply to the offerings and settings described below, and, where Customer elects to use those offerings and settings, supplement the NeuroGlass Software Services Agreement or another agreement entered between Customer and MetaCell (the “Agreement”). Capitalized terms used and not defined in the Product-Specific Terms have the meanings given to them in the Agreement.
1. Beta Features and Free Trials
a. Product features clearly identified as Early Access, Alpha or Beta features as well as any features, products, or services provided on a free trial basis (collectively “Early Access Features”) made available by MetaCell are provided to Customer for testing and evaluation purposes only. MetaCell does not make any commitment to provide Early Access Features in any future versions of the NeuroGlass Platform. MetaCell may immediately and without notice remove Early Access Features for any reason without liability to Customer. Any features, products, or services provided on a free trial basis will be free of charge until the earlier of (a) the end of the evaluation period set forth by MetaCell in writing (email sufficient), or (b) the start date of any purchased subscriptions ordered by Customer for the feature, product, or service being evaluated under the trial, or (c) termination by MetaCell in its sole discretion. Customer is not obligated to use Early Access Features.
b. NOTWITHSTANDING ANYTHING TO THE CONTRARY IN THIS AGREEMENT, ALL EARLY ACCESS FEATURES ARE PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND, WITHOUT ANY PERFORMANCE OBLIGATIONS, AND METACELL SHALL HAVE NO INDEMNIFICATION OBLIGATIONS NOR LIABILITY OF ANY TYPE WITH RESPECT TO THE EARLY ACCESS FEATURES UNLESS SUCH EXCLUSION OF LIABILITY IS NOT ENFORCEABLE UNDER APPLICABLE LAW IN WHICH CASE METACELL’S LIABILITY WITH RESPECT TO THE EARLY ACCESS FEATURES SHALL NOT EXCEED $1,000.00.
c. ANY DATA CUSTOMER ENTERS INTO THE NEUROGLASS PLATFORM DURING A FREE TRIAL MAY BE PERMANENTLY LOST UNLESS CUSTOMER PURCHASES A SUBSCRIPTION TO THE NEUROGLASS PLATFORM TRIALED, AN UPGRADE TO THE SUBSCRIPTION TRIALED, OR EXPORTS SUCH DATA, BEFORE THE END OF THE TRIAL PERIOD.
2. On Premise Deployments
NeuroGlass on premise deployments (“NeuroGlass Deployments”) are licensed (not sold) to end users. Subject to the terms and conditions of this Agreement, MetaCell hereby grants Customer a license within the Territory, on a limited, non-exclusive, revocable, non-transferable, and non-sublicensable basis for Authorized Users to install the NeuroGlass Deployments on a system that is owned or controlled by an Authorized User and to use the NeuroGlass Deployments in support of its authorized use of the NeuroGlass Platform during the Order Term under this Agreement. If Customer fails to comply with any of the terms or conditions of this Agreement, Customer must immediately cease using the NeuroGlass Deployments and uninstall and delete the NeuroGlass Deployments from all Authorized User systems.
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