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Evaluation Kit Terms Of Use

Property of Iontra Inc© 2024

EVALUATION KIT TERMS OF USE.   

By using this evaluation board or kit together with all related software, firmware, components, related materials (including but not limited to CAD files, Gerber files, Schematic, BOM, CAD models, configuration files, data files) and documentation provided by IONTRA (collectively “Eval Kit”), You (“You”) are agreeing to be bound by the terms and conditions of this Evaluation Kit Terms of Use (“Agreement”). Do not use the Eval Kit until You have read and agreed to this Agreement. Your use of the Eval Kit constitutes Your acceptance of this Agreement.   

 

OWNERSHIP AND COPYRIGHT Title to the design (Pluto) of Eval Kit and all related intellectual property rights worldwide remains with IONTRA and/or its licensors. You may not remove any copyright or other proprietary rights notices on the Eval Kit without prior written authorization from IONTRA. You agree to prevent any unauthorized copying in whole or in part of the Eval Kit.   

 

RESTRICTIONS AND WARNINGS The Eval Kit offers limited features and is conceived to be used only to evaluate and test IONTRA products in a research and development setting to facilitate feasibility. 

evaluation, experimentation, or scientific analysis of IONTRA products.  The Eval Kit is not intended for consumer or household use or to be substituted for any end use product.  The Eval Kit shall not be, in any case, directly or indirectly assembled as a part in any production of Yours as it is solely developed to serve evaluation and testing purposes and has no direct function and is not a finished product.  If the Eval Kit is incorporated in an evaluation system, the evaluation system may be used by You solely for Your evaluation and testing purposes. Such evaluation system may not be offered for sale or lease or sold, leased or otherwise distributed for commercial purposes and must be accompanied by a conspicuous notice as follows: “This device is not, and may not be, offered for sale or lease, or sold or leased or otherwise distributed for commercial purposes”.  Before You handle or use the Eval Kit, You must carefully review any related documentation provided by IONTRA. Such documentation may contain important warnings. You shall comply with all such warnings and other instructions and employ reasonable safety precautions in using the Eval Kit. Failure to do so may result in death, personal injury, or property damage. If You have any questions regarding the safe usage of the Eval Kit, You should contact IONTRA for guidance.  Unless You are a IONTRA’s authorized distributor, You shall not sell, assign, sublicense, lease, rent or otherwise distribute the Eval Kit for commercial purposes, in whole or in part. You shall not transfer or make available this kit to any of your related entities beside the licensed geographical entity accepting this Agreement without prior written approval from IONTRA. You shall not use, in whole or in part, the Eval Kit in a production system. Except as provided in this Agreement or as explicitly permitted in the documentation of the Eval Kit, You shall not (i) reproduce the Eval Kit or modify, reverse engineer, de-compile or disassemble its software and/or firmware, in whole or in part, nor (ii) explore or analyze the IONTRA charging methods or Eval Kit signal output (other than as associated with state of battery health and capacity). You shall not perform any destructive testing including any means of lithographic analysis. You shall not use the Eval Kit in any safety critical or functional safety testing, including but not limited to testing of life supporting, military or nuclear applications. IONTRA expressly disclaims any responsibility for such usage which shall be made at Your sole risk, even if IONTRA has been informed in writing of such usage. Unless expressly designated in writing by IONTRA as suitable for use in testing consumer, industrial, automotive or aerospace applications, You shall not use the Eval Kit in such testing.  Use of any software and/or firmware embedded in, or working conjunction with, the Eval Kit is subject to a separate end user license agreement (“EULA”) that accompany such software and/or firmware. You may make one copy of the software and/or firmware in the Eval Kit only for back up or archival purposes provided that You reproduce and apply to such copy any copyright or other proprietary rights notices included on or embedded in the software and/or firmware.   

 

 

WARNING 

Eval Kits are intended solely for use by technically qualified, professional electronics experts who are familiar with the dangers and application risks associated with handling lithium or other re-chargeable batteries, electrical, mechanical components, systems, and subsystems. 

User shall operate the Eval Kit within IONTRA’s recommended guidelines and any applicable legal or environmental requirements as well as reasonable and customary safeguards. Failure to set up and/or operate the Eval Kit within IONTRA’s recommended guidelines may result in personal injury or death or property damage. Proper set up entails following IONTRA’s instructions for electrical ratings of interface circuits such as input, output and electrical loads. 

 

 

COMPLIANCE WITH DIRECTIVES AND REGULATIONS  

You should refer to the Eval Kit’s User Manual to view directives and regulations applicable thereto.   

 

Notice applicable to Eval Kits not FCC Approved 

This kit is designed to allow:  

(1) Product developers to evaluate electronic components, circuitry, or software associated with the kit to determine whether to incorporate such items in a finished product, and 

(2) Software developers to write software applications for use with the end product.   

 

This kit is not a finished product and when assembled may not be resold or otherwise marketed unless all required FCC equipment authorizations are first obtained. Operation is subject to the condition that this product not cause harmful interference to licensed radio stations and that this product accept harmful interference. Unless the assembled kit is designed to operate under part 15, part 18 or part 95 of 47 CFR, Chapter I (“FCC Rules”), the operator of the kit must operate under the authority of an FCC license holder or must secure an experimental authorization under part 5 of this chapter.   

 

For Eval Kits annotated as FEDERAL COMMUNICATIONS COMMISSION (FCC) Part 15 Compliant  

  • FCC Interference Statement for Class A Eval Kits: This equipment has been tested and found to comply with the limits for a Class A digital device pursuant to part 15 of the FCC Rules. These limits are designed to provide reasonable protection against harmful interference when the equipment is operated in a commercial environment. This equipment generates, uses, and can radiate radio frequency energy and, if not installed and used in accordance with the instruction manual, may cause harmful interference to radio communications. Operation of this equipment in a residential area is likely to cause harmful interference in which case the user will be required to correct the interference at his own expense. 
  • FCC Interference Statement for Class B Eval Kits: This equipment has been tested and fouind to comply with the limits for a Class B digital device pursuant to part 15 of the FCC Rules.  These limits are designed to provide reasonable protection against harmful interference in a residential installation. This equipment generates, uses and can radiate radio frequency energy and, if not installed and used in accordance with the instructions, may cause harmful interference to radio communications. However, there is no guarantee that interference will not occur in a particular installation. If this equipment does cause harmful interference to radio or television reception, which can be determined by turning the equipment off and on, the user is encouraged to try to correct the interference by one or more of the following measures: 

o Reorient or relocate the receiving antenna.  

o Increase the separation between the equipment and receiver. 

o Connect the equipment to an outlet on a circuit different from that to which the receiver is connected.  

o Consult the dealer or an experienced radio/TV technician for help. 

  • This device complies with part 15 of the FCC Rules. Operation is subject to the following two conditions: (1) This device may not cause harmful interference, and (2) this device must accept any interference received, including interference that may cause undesired operation. Changes or modifications not expressly approved by the party responsible for compliance could void the user’s authority to operate the equipment.  

 

Regulations Regarding Proper Handling and Return to Iontra/Disposal 

You assume all responsibility and liability to determine whether the Eval Kit is subject to any applicable international, federal, state, or local laws and regulations related to Your handling and use of the Eval Kit and, if applicable, You assume all responsibility and liability for compliance in all respects with such laws and regulations. You agree that when your use of the Eval Kit has come to an end you will contact IONTRA and, at IONTRA’s discretion, either return the Eval Kit to IONTRA, or dispose of the Eval Kit as directed by IONTRA providing IONTRA with such certificate as IONTRA may request evidencing such disposal. 

 

Notice relevant to California Proposition 65  

The Eval Kit is offered to evaluate and test IONTRA products, only. Therefore, the Eval Kit contains several IONTRA products. IONTRA may not actually have knowledge of all of the chemicals in the Eval Kit, but to the best of IONTRA’s current, actual knowledge, after due investigation, the Eval Kit does not, under normal product use, expose persons to chemicals known to the State of California to cause cancer and birth defects or other reproductive harm, and is, thus, compliant with California’s Proposition 65. Therefore, the notices indicated in the California Proposition 65 law do not apply to the Eval Kit. The Eval Kit may contain listed chemicals that could result in exposure in non-normal use situations such as destructive decomposition. Appropriate safeguards should be taken in such situations.  

 

WARRANTY  

IONTRA WARRANTS THAT IT HAS THE RIGHT TO PROVIDE THE EVAL KIT TO YOU. THIS WARRANTY IS PROVIDED BY IONTRA IN LIEU OF ALL OTHER WARRANTIES, WRITTEN OR ORAL, STATUTORY, EXPRESS OR IMPLIED, INCLUDING ANY WARRANTY AS TO MERCHANTABILITY, NON-INFRINGEMENT, FITNESS FOR ANY PARTICULAR PURPOSE, OR UNINTERRUPTED OR ERROR-FREE OPERATION, ALL OF WHICH ARE EXPRESSLY DISCLAIMED. THE EVAL KIT IS PROVIDED “AS IS”.  YOU WARRANT THAT YOU UNDERSTAND THE DANGERS OF HANDLING AND USING ELECTRICAL MECHANICAL COMPONENTS, SYSTEMS, AND SUBSYSTEMS. YOU ASSUME ALL RESPONSIBILITY AND LIABILITY FOR ANY IMPROPER OR UNSAFE HANDLING OR USE OF THE EVAL KIT BY YOU, YOUR EMPLOYEES, AFFILIATES, CONTRACTORS, AND DESIGNEES.  LIMITATION OF LIABILITIES IN NO EVENT SHALL IONTRA BE LIABLE TO YOU, WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, OR ANY OTHER LEGAL THEORY, FOR ANY INDIRECT, SPECIAL, CONSEQUENTIAL, INCIDENTAL, PUNITIVE, OR EXEMPLARY DAMAGES WITH RESPECT TO ANY MATTERS RELATING TO THIS AGREEMENT, REGARDLESS OF WHETHER IONTRA HAS BEEN ADVISED OF THE POSSIBILITY OF THE SAME. IN NO EVENT SHALL IONTRA’S LIABILITY ARISING OUT OF THIS AGREEMENT IN THE AGGREGATE EXCEED THE HIGHER OF THE AMOUNT PAID BY YOU UNDER THIS AGREEMENT FOR THE PURCHASE OF THE EVAL KIT, OR TEN UNITED STATES DOLLARS ($10.00).   

 

INDEMNIFICATION  

You will defend, indemnify and hold IONTRA and its affiliates, its licensors and their representatives harmless from and against any and all claims, damages, losses, expenses, costs and liabilities arising out of or in connection with any handling or use of the Eval Kit that is not in accordance with these terms.  

 

RETURN POLICY 

Except as otherwise provided, IONTRA does not offer any refunds, returns, or exchanges. Furthermore, no return of Eval Kit(s) will be accepted if the package has been opened and no return of the Eval Kit(s) will be accepted if they are damaged or otherwise not in a resalable condition. If You feel you have been incorrectly charged for the Eval Kit(s) ordered or that delivery violates the applicable order, You should contact IONTRA. All refunds will be made in full within thirty (30) working days from the return of the components(s), excluding any postage or packaging costs. 

 

GOVERNING LAW  

These terms and conditions shall be governed by and interpreted in accordance with the laws of the State of Colorado without reference to conflict-of-laws principles. You agree that non-exclusive jurisdiction for any dispute arising out of or relating to these terms and conditions lies within courts located in the State of Colorado and consents to venue in Arapahoe County, Colorado. Notwithstanding the foregoing, any judgment may be enforced in any United States or foreign court, and IONTRA may seek injunctive relief in any United States or foreign court. 

 

Mailing Address: Iontra Inc, 7025 S. Fulton Street, Suite 100, Centennial, CO 80112