Effective Date: December 12, 2024
This Evaluation Agreement ("Agreement") is entered into by and between the individual or entity accessing or using the evaluation version of the zenna platform (“Customer”) and ATEC Dynamics, LLC, a Florida corporation located at 1201 Gandy Blvd. N. #21225, St. Petersburg, FL 33742 (“zenna”). By using the Evaluation Services, Customer agrees to be bound by the terms of this Agreement.
1. Evaluation Services
zenna may provide Customer with limited access to certain features and/or functionality of its software platform (the “Evaluation Services”) solely for Customer’s internal evaluation and testing purposes. Evaluation Services are provided on a temporary basis, typically for a period of [30] days from the Effective Date unless otherwise agreed in writing.
2. Fees
Unless otherwise specified in writing, Evaluation Services may be provided with or without charge, at zenna’s discretion. This Agreement does not entitle Customer to any paid services or features not explicitly included in the evaluation.
3. No Production Use
Customer agrees not to use the Evaluation Services for production, commercial, or revenue-generating purposes. All use is limited to testing and evaluation.
4. Confidentiality
Customer agrees to treat all non-public information provided through the Evaluation Services as confidential and not to disclose it to any third party.
5. Intellectual Property
All intellectual property rights in and to the Evaluation Services and zenna platform remain the exclusive property of zenna. Customer retains rights to any Input or Output it provides or receives, but grants zenna a limited license to use such data solely to provide the Evaluation Services.
6. Disclaimers
The Evaluation Services are provided “as is,” without warranty of any kind. zenna disclaims all warranties, express or implied, including but not limited to warranties of merchantability, fitness for a particular purpose, and non-infringement.
7. Limitation of Liability
In no event shall zenna’s liability under this Agreement exceed $1,000. zenna shall not be liable for any indirect, incidental, or consequential damages.
8. Termination
Either party may terminate this Agreement at any time upon written notice. Upon termination or expiration, Customer shall cease use of the Evaluation Services and delete any related materials.
9. Governing Law
This Agreement shall be governed by and construed in accordance with the laws of the State of Florida. Any disputes arising out of or related to this Agreement shall be resolved exclusively through arbitration in St. Petersburg, Florida.
10. Entire Agreement
This Agreement constitutes the entire agreement between the parties with respect to the Evaluation Services and supersedes all prior or contemporaneous agreements, whether written or oral.
Signatures
- Customer Name: __________________________
- Customer Signature: ______________________
- ATEC Dynamics, LLC Representative: ______________________