DEMO RIDE PARTICIPATION AGREEMENT
Thank you for participating in the Everysight Ltd. (“Everysight”) smartglasses and related services demo rides (the “Demo Rides”).
Everysight is a consumer smartglasses company. Its Raptor smartglasses are optimized to display information while on the go, revolutionizing the way people see and experience information. The Everysight System consists of the Everysight Raptor smartglasses (the “Device”), the companion mobile application (the “App”), and the website (the “Site” and, collectively with the Device, App and any software, technical information, and all updates or revisions thereto, the “System”).
- GENERAL. This Demo Ride Participation Agreement (“Agreement”) is between Everysight and the participant identified below (“You”). This Agreement is binding and governs Your participation in the Demo Rides.
- PARTICIPATION IN THE DEMO RIDES. In order for You to experience Raptor most effectively, Everysight shall provide You with a sample of the System, accessories such as a controller, Rx adaptor, and so forth (to the extent required), and a smartphone (to the extent required) (collectively, the “Demo Product”) and shall instruct You on how to use it. Everysight will provide You with such technical assistance as Everysight may deem necessary to properly install and operate the Demo Product.
Please note that the Demo Product is being loaned to You for the Demo Ride and should be returned to the Everysight counter where You received it immediately following the completion of the Demo Ride. You will therefore be required to provide an ID card as a deposit until the return of the Demo Product by You. The Demo Product should be returned to the Everysight counter in the same technical and physical condition as it was provided to You.
- DISCLAIMER OF WARRANTY. The Demo Product is provided hereunder “As Is”. Everysight makes and You receive no warranties in connection with the Demo Product provided hereunder, express, implied, statutory, or in any other provision of this Agreement or communication between Everysight and You. Everysight specifically disclaims all implied warranties, including warranties of merchantability, non-infringement and fitness for a particular purpose, or arising from a course of dealing, usage or trade practice. The Demo Product is a test product, and its accuracy and reliability are not guaranteed. You shall not rely exclusively on the Demo Product for any reason. You hereby waive any and all claims You may have against Everysight arising out of the performance or nonperformance of the Demo Product.
- WAIVER AND RELEASE. In the Demo Rides, You will be able to experience the Demo Product while cycling. Although the System is designed to enhance your cycling experience, improper use (for example, cycling without paying attention to the road) leads to a greater risk of accidents, and therefore extra care must be taken when using the Demo Product while cycling in order to avoid accident or injury (including, without limitation, avoiding distraction by focusing on the Device’s display). By countersigning this Agreement, you acknowledge that You understand the risks inherent to use of the System and participation in the Demo Rides, that you have read the Safety Instructions at https://everysight.com/legal/safety and that You agree to use the Demo Product and participate in the Demo Rides at Your own risk and responsibility and notwithstanding such risks.
ACCORDINGLY, BY PARTICIPATING IN THE DEMO RIDES AND TO THE MAXIMUM EXTENT PERMISSIBLE BY LAW, YOU HEREBY IRREVOCABLY WAIVE ANY CLAIM AND RELEASE EVERYSIGHT AND ANYONE ON ITS BEHALF OF ANY LIABILITY ARISING FROM OR IN CONNECTION WITH YOUR PARTICIPATION IN THE DEMO RIDES AND THE USE OF THE DEMO PRODUCT. EVERYSIGHT HEREBY DISCLAIMS ALL WARRANTIES AND ANY LIABILITY FOR DAMAGES OF ANY KIND WHATSOEVER (INCLUDING, WITHOUT LIMITATION, LIABILITY FOR ANY INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES) WHETHER IN CONTRACT, TORT, UNDER STATUTE OR OTHERWISE, FOR ANY INJURY, DAMAGE OR LOSS WHATSOEVER THAT MAY ARISE FROM THE DEMO RIDES OR THE USE OF THE DEMO PRODUCT. YOU ASSUME ALL RISKS AND ALL COSTS ASSOCIATED WITH YOUR PARTICIPATION IN THE DEMO RIDES AND WITH TESTING, INSTALLATION, OR USE OF THE DEMO PRODUCT PROVIDED UNDER THIS AGREEMENT.
- OWNERSHIP. You acknowledge that the Demo Product is being loaned to You for the Demo Ride, and Everysight retains ownership of all right, title and interest in the System. Any feedback, ideas, modifications, improvements, suggestions and the like made by You with respect to the System and/or accessories will be the sole property of Everysight and may be used by Everysight for any and all purposes as it considers appropriate and without providing any compensation or attribution to You or any other person.
- PARTICIPANT REPRESENTATIONS. You represent and warrant that You are in good physical health and have no chronic condition that would prohibit You from participating in the Demo Rides or which may become severe due to participation in the Demo Rides and/or the use of the System.
- MODIFICATION/TERMINATION. Everysight reserves the right to modify the terms, conditions, and policies of the Demo Rides from time to time. Any such change shall apply to future Demo Rides.
- MISCELLANEOUS. (i) Applicable Law and Jurisdiction. This Agreement shall be exclusively governed by, construed and enforced in accordance with the laws of Israel (excluding its choice of law provisions); (ii) Entire Agreement; Assignment. This Agreement represents the sole agreement governing Demo Rides and the Demo Product between Everysight and You, and there are no other agreements, oral or written, related thereto. Your participation in the Demo Rides is personal and applies only to You.