1. Introduction
This Prototype Purchase Disclosure ("Disclosure") is provided in connection with the purchase of a prototype ("Prototype") from Twin Crest Innovations LLC ("Provider"). By purchasing the Prototype, the customer ("Customer") acknowledges and agrees to the terms outlined in this Disclosure.
2. Purpose of the Prototype
The Prototype is provided for the purpose of evaluating the design, functionality, and feasibility of a product concept. It is not intended for commercial use, production, or distribution unless explicitly stated otherwise by the Provider.
3. Non-Final Product
The Customer acknowledges that the Prototype is a preliminary model and may not represent the final design, functionality, or performance of the final product. The Prototype may contain flaws, inaccuracies, or other issues that could affect its performance or usability.
4. No Warranty
The Prototype is provided "as is" without any warranties, express or implied. The Provider makes no guarantees regarding the Prototype's quality, performance, or suitability for any particular purpose. The Customer assumes all risks associated with the use of the Prototype.
5. Intellectual Property
All intellectual property rights in the Prototype, including but not limited to designs, concepts, and inventions, remain the sole property of the Provider unless otherwise agreed upon in writing. The Customer is not granted any rights to use, modify, or reproduce the Prototype for any purpose other than evaluation, unless explicitly authorized by the Provider.
6. Confidentiality
The Customer agrees to maintain the confidentiality of any proprietary information associated with the Prototype. This includes, but is not limited to, design details, materials, and technology used in the Prototype. The Customer shall not disclose, share, or otherwise disseminate such information to any third party without the Provider's prior written consent.
7. Limitation of Liability
The Provider shall not be liable for any damages, including but not limited to direct, indirect, incidental, or consequential damages, arising out of or in connection with the use or performance of the Prototype. The Customer agrees to indemnify and hold the Provider harmless from any claims or liabilities resulting from the use of the Prototype.
8. Acceptance of Terms
By proceeding with the purchase, the Customer acknowledges that they have read, understood, and agree to the terms and conditions set forth in this Disclosure.
9. Governing Law
This Agreement is governed by and construed in accordance with the laws of New Hampshire in the United States of America, without regard to conflict of law principles.