Field Test Agreement

Field Test Agreement

Lightening the load. You accept that your violation of this agreement would cause irreparable harm for which financial damage would not be sufficient. You agree that Nest is entitled to a cease and desealed action to enforce your obligations, including return of nest materials, confidentiality, non-disclosure to a competitor and other obligations. If you agree to these conditions, please read the details. Then click the button to indicate whether you agree or disagree. This will result in a binding agreement between Nest Labs, Inc. and its related companies, including Google LLC. and Dropcam, Inc. (a whole “nest,” “we” or “us”) and you. General provisions. This agreement must not be ceded or transferred by you, and any attempt at divestment is null and void.

This agreement is governed by the laws of the State of California and will be interpreted accordingly. All claims must be filed in federal or regional court in Santa Clara County, California, and the parties agree with their personal jurisdiction. This agreement represents the entire agreement between you and Nest regarding the transaction under this Agreement and replaces any prior communication, representation or arrangement, oral or written, of any of the parties. In the event that a provision of this agreement is declared illegal, non-applicable or unenforceable by a competent court, the rest of this agreement remains fully in force. The failure of one party to require the performance of a provision of this provision by the other party does not fully affect the right to demand such a benefit at any subsequent time; Similarly, a party`s waiver of a violation of this provision is not considered a waiver of the provision itself or a waiver. Agreement and capacity. They are over 18 years old and have the legal capacity to execute the agreement and have obtained the necessary permissions and authorizations from the owner or occupants of all premises where the products are used or tested in the manner requested by Nest. They are solely responsible for the inability to obtain the necessary authorizations and authorizations.