BETA TESTER AND CONFIDENTIALITY AGREEMENT

Please read the agreement below and click "I agree"  at the bottom of this page before proceeding to the next page.
Dear Participant:

You are invited to participate in a confidential Segway Navimow product Beta test and survey project. By agreeing to participate, you will have an opportunity to experience our latest products and innovation before it is launched to the market. By signing on this agreement, you agree to participate in this event and be bound by this Agreement, its Terms and Conditions, the Exhibits, and the Release. (You will be referred to as Participant, Willand (Beijing) Technology Co., LTD (Manufacturer of Navimow, a subsidiary of Ninebot Limited) will be referred to as Company, Participant and Company may be referred to individually as a “Party” and collectively as “Parties”.)

  • The company will provide Participant with a Navimow robotic mower (“Product”) for Product Beta test and survey purposes. The company shall be responsible for delivering the Product to the Participant. At the end of the test, participants are obliged to assist the company in recovering the Product, Including packing the Product into the original box and dropping the packed Product at a delivery station according to the shipment label provided by the Company.
  • Participants who meet the testing requirements will receive a confirmation email. The email will contain a deposit link from the official website of Navimow. Testers can confirm their testing slot by paying the deposit through the provided link. Once the testing is completed and the testing product is returned, the deposit will be refunded through the original payment method. The email will also contain information about the rewards for participating in this event. Details will be provided in subsequent communications.
  • Upon receiving the product, participant agree to provide prompt feedback to the company regarding the operation and/or use of Beta Product when it is requested. This may include filing online reports, participating in telephone or video conferencing interviews, (which may, with your consent, be recorded), providing suggestions and ideas, sharing/sending real voice recording sessions and responding to written surveys or email homework that may be provided by Segway (the "Feedback").
  • Participant agrees to the Terms and Conditions (“T&Cs”) attached herein.
  • Participant agrees to the Release in Exhibit A.
  • Information about this Product Beta test and Survey project and the Product is strictly confidential. Participant shall not disclose his/her participation in the project, Product and the subject matter of this Agreement to the public (including but limited to posting and/or sharing such confidential information online and/or social media) unless and until the Product is launched to the public. For details about Participant’s confidential duty, please refer to Section 2 of T&Cs below (“Confidentiality”).
  • The letter, Terms and Conditions, Exhibits and Release collectively constitute the entire agreement between the Parties (“Agreement”).
  • For any question and/or inquiry about the subject matter of this Agreement, please contact the Company: betatest@rlm.segway.com
Terms and Conditions (T&Cs)
  • Safety and Proper Use Requirements. (a)Participant agrees to use the Product responsibly, reasonably and safely, and Participant shall use his/her best judgment to avoid risk, injury and damages to Participant him/herself and the others (person and/or property) when using and/or otherwise interacting with the Product. Participant shall use the Product only for its intended and ordinary purpose. (b) Participant shall immediately stop using the Product if the Product has and/or shows abnormality and/or Participant has safety concerns in connection with the Product or feels uncomfortable for using and/or otherwise interacting with it. (c) Participant shall properly maintain and store the Product. (d) Participant shall use the Product pursuant to the user manual, instructions and/or guidance provided by Company (if any). (e) Participant shall comply with all laws, rules, ordinances and the like imposed by any governing authority and/or legislative body in connection with using and/or otherwise interacting with the Product. (f)Participant shall not alter, modify, customize the Products’ performance element or undertake any similar activities.
  • Confidentiality. Participant agree to keep confidential and not disclose or discuss to any third party: (a) The Beta Product, (b) Beta Service, (c) Segway Materials, (d) Segway development or marketing plans that you learn about as part of your participation as a tester, (e) your participation in the Beta program, and (f) verbal or written communications from Segway employees, agents, contractors or other representatives regarding Segway Materials, the Beta Product and Beta Service. The confidentiality requirements continue until all of the above become publicly known.
  • Non-Compete. During the Recuiremrnt and three months after the end of the beta test, Participant represents and warrants that he or she is not, directly or indirectly, on his or her own behalf or on behalf of or in conjunction with any person, business, firm, company, or other entity, set up, join, become employed by, be engaged in, or provide any advice or services to, any enterprise (including, without limitation, any corporation, partnership, proprietorship, or other venture) which competes or engage in similar business with the Company.
  • Disclaimer and Waiver of Warranty. EXCEPT AS EXPRESSLY WARRANTED HEREIN (IF ANY), THE COMPANY DISCLAIMS ALL WARRANTIES AND REPRESENTATIONS WITH RESPECT TO THE PRODUCTS AND THIS AGREEMENT (IMPLIED, EXPRESS, OR OTHERWISE), INCLUDING THE WARRANTIES OF FITNESS FOR A PARTICULAR PURPOSE, THE WARRANTY OF MERCHANTABILITY AND THE WARRANTY OF FITNESS FOR AN ORDINARY PURPOSE.
  • Limitation of Liability. IN NO EVENT SHALL THE COMPANY, THEIR AFFILIATES (INCLUDING BUT NOT LIMITED TO THE COMPANIES, ENTITIES AND/OR PERSONS THAT DESIGN, MAKE, ASSEMBLE AND/OR MANUFACTURE THE PRODUCTS), THEIR SHAREHOLDERS, MANAGERS, DIRECTORS, OFFICERS, EMPLOYEES, CONTRACTORS (COLLECTIVELY “COMPANY AFFILIATED PARTIES”) BE LIABLE FOR ANY SPECIAL, INDIRECT, CONSEQUENTIAL, INCIDENTAL, PUNITIVE, OR EXEMPLARY DAMAGES WHATSOEVER RELATING TO AND/OR ARISING OUT OF OR IN CONNECTION WITH THIS AGREEMENT AND/OR THE SUBJECT MATTER HEREIN, REGARDLESS OF WHETHER THE DAMAGES WERE FORESEEBLE, WHETHER IT IS BASED ON CONTRACT, TORTS (INCLUDING NEGLIGENCE), OR ANY OTHER LEGAL THEORY AT LAW OR IN EQUITY, OR WHETHER COMPANY AFFILIATED PARTIES WERE ADVISED OF THE POSSIBILITY OF THE DAMAGES. COMPANY AFFILIATED PARTIES’ ENTIRE LIABILITY TO THE PARTICIPANT, IF ANY AT ALL, WHETHER IN TORT, CONTRACT, NEGLIGENCE OR OTHERWISE, SHALL NOT EXCEED TEN THOUSAND US DOLLARS. THE FOREGOING LIMITATIONS OF LIABILITY SHALL APPLY EVEN IF PARTICIPANT’S REMEDIES UNDER THIS AGREEMENT FAIL OF THEIR ESSENTIAL PURPOSE.
  • Statute of Limitation. The Parties agree that any dispute, controversy, and/or claim arising out of and/or relating to or in connection with this Agreement and/or subject matter herein, whether based in contract, tort, or any other legal theory at law or in equity, including but not limited to any claims for death, injury or property damages, must be commenced within one year after the cause of action has occurred.
  • Governing Law and Arbitration. (This Agreement shall be governed by and construed in accordance with the laws of the State of California and the Parties consent to the jurisdiction of courts, both state or federal, in California, County of Los Angeles, with respect to any dispute under this Agreement.
  • Miscellaneous. (a)The execution of the Agreement has not been induced by, nor do any of the Parties rely upon or regard as material, any representations or writing whatsoever not expressly incorporated herein and made a part hereof, including without limitation any previous discussions and/or documents. (b) The Agreement shall not be construed against either Party as each Party has had the opportunity to negotiate the Agreement and has either done so or meaningfully considered and accepted all the terms hereof. (c) Any amendment or modification hereto shall be valid if both parties agree in written form. (d) No failure to exercise any rights under the Agreement or the law shall constitute a waiver of such rights. (e) If any portion of the Agreement shall be unenforceable, such portion shall be stricken or modified to the least extent possible, and the remaining and/or modified terms shall constitute an enforceable agreement. (f) Each Party acknowledges and agrees that monetary damages might not be a sufficient remedy for any breach or threatened breach of this Agreement by such Party. A non-breaching Party shall be entitled to seek injunctive relief as a remedy for any breach or threatened breach of this Agreement.

[end of T&Cs]
Exhibit A
Release

For good and valuable consideration, the sufficiency and receipt of which is hereby acknowledged and accepted, Participant (“me” or “I”) enters into this Release benefitting Company, Segway-Ninebot, Segway Inc. Willand and their affiliates (including but not limited to the companies, entities and/or persons that design, make, assemble, and/or manufacture the Segway-Ninebot/Segway Products used for the Project) and all and each of their officers, directors, agents, representatives, employees, contractors, successors, assignees, and licensees, heirs, executors and administrators (“Segway Affiliated Parties”) to induce Company to permit me to participate the Product Beta test and Survey project. Any capitalized terms used herein that are not defined herein shall have the meaning given to them in the Agreement. I am giving this Release as an essential condition of Company entering into the Agreement and I recognize that my signature on this Release is a condition of Company entering into the Agreement. I acknowledge that this Release shall govern any and all activities contemplated under the Agreement and/or any activities or circumstances related thereto.

I acknowledge that the Product is recently developed, and the manufacturer and designer of the Product intend to use the data, feedback and other information collected from Participant in connection with the project to improve and/or optimize the functions and/or performance of the Product (including but not limited to bug fixing, user manual, instruction, guidance and safety related warning improvement).

I represent and warrant that I am physically fit and able to participate in, and mentally capable of participating in the activities contemplated under the Agreement and/or any activities or circumstances related thereto. I further represent and warrant that I am not subject to any impairment, illness (acute or chronic), or limitations that might inhibit my participation in the activities contemplated under the Agreement and/or any activities or circumstances related thereto. I further warrant that I have not been advised or instructed by any doctor or other medical or health professional to limit, curtail or in any other way refrain from any activities similar or equal to those I may undertake in connection with the Agreement and/or any activities or circumstances related thereto. I acknowledge that I am free to participate or not participate and may decline to participate at any time. I also acknowledge that I am solely responsible for the manner in which I chose or chose not to participate. I further acknowledge that it is my responsibility to secure insurance to protect my person and property and that Segway Inc has not secured insurance to cover/benefit me, my actions, my property, and/or the activities contemplated under the Agreement and/or any activities or circumstances related thereto.
Accordingly, I assume full and complete responsibility and liability for any and all risks, hazards, and dangers (known and unknown) arising in connection with the activities contemplated under the Agreement and/or any activities or circumstances related thereto. Additionally, to the maximum extent permitted by law, I hereby agree not to sue and irrevocably and unconditionally release, waive and forever discharge and hold harmless Segway Affiliated Parties, its past, present and future parents, subsidiaries (whether or not wholly-owned), affiliates, divisions, agents, owners, members, officers, directors, representatives, employees, contractors, successors and assigns, jointly and individually (hereinafter collectively referred to as “Releasees”), from and against any and all claims, demands, accidents, actions, damages, liabilities, losses, costs and expenses of any kind (including, without limitation, attorneys' fees), including, without limitation, any claim for wrongful death, personal injury, lost opportunity, infliction of emotional distress, suits in law or in equity, including claims or suits for contributions and/or indemnity, including suits or other actions brought in a foreign jurisdiction, of whatever nature, and all special, indirect, consequential, incidental, or exemplary damages on account of, or in any way arising from or relating to the activities contemplated under the Agreement and/or any activities or circumstances related thereto. It is my intention that this be a complete and total release of the Releasees, made without reservation, and perpetually binding upon my heirs, executors, administrators, successors, guardians, conservators, and the like.

I represent and warrant that I have carefully read this Release, that I have reviewed it, that I understand its contents, and that I have not relied on any non-included statement or representation made by any person or entity including, without limitation, Segway Inc., its owners or any of its respective agents with respect to my signing this release. I represent and warrant that all information I am providing to Segway Inc in connection with this Release is valid, true and accurate. This Release is binding upon and shall inure to the benefit of the respective licensees, successors, and assigns of the parties hereto.

Question Title

* BY INDICATING YOUR ACCEPTANCE OF THESE TERMS AND CLICKING "I AGREE" AS IT APPEARS IN THE BETA RECRUITMENT SURVEY, YOU ARE (1) REPRESENTING THAT YOU ARE OVER THE AGE OF 18, (2) REPRESENTING THAT YOU HAVE THE RIGHT AND AUTHORITY TO LEGALLY BIND YOURSELF TO THESE TERMS, AND (3) CONSENTING TO BE LEGALLY BOUND BY ALL OF THE TERMS OF THIS AGREEMENT. THIS WILL CREATE A BINDING AGREEMENT. IF YOU DO NOT AGREE TO ALL THESE TERMS OR CANNOT MAKE SUCH REPRESENTATIONS SELECT THE "I DO NOT AGREE" BUTTON AS IT APPEARS IN THE BETA RECRUITMENT SURVEY AND DO NOT USE THE PRODUCTS OR MATERIALS.

Question Title

* If you agree, then click the  "I Agree" button below. Your participation in the Beta Program signifies your agreement to contract with Segway electronically, as well as your agreement to the terms and conditions set forth above.

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