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| 7.8 Neither party shall be liable under this Agreement for delays, failures to perform, damages, losses or destruction, or malfunction of equipment, or any consequence thereof, caused or occasioned by, or due to fire, earthquake, flood, water, the elements, labor disputes or shortages, utility curtailments, power failures, explosions, civil disturbances, perils of the air, public enemies, war, riots, strikes, weather conditions, mechanical delay or failure of truck, aircraft or other equipment, governmental actions, shortages of equipment or supplies, acts or omissions of third parties, failure of the Internet or any other cause beyond its reasonable control. | 7.8 Neither party shall be liable under this Agreement for delays, failures to perform, damages, losses or destruction, or malfunction of equipment, or any consequence thereof, caused or occasioned by, or due to fire, earthquake, flood, water, the elements, labor disputes or shortages, utility curtailments, power failures, explosions, civil disturbances, perils of the air, public enemies, war, riots, strikes, weather conditions, mechanical delay or failure of truck, aircraft or other equipment, governmental actions, shortages of equipment or supplies, acts or omissions of third parties, failure of the Internet or any other cause beyond its reasonable control. | ||
| - | EXHIBIT A | + | V1.0 |
| - | + | Revised 03/20/16 | |
| - | NEUROSKY DEVELOPER SUPPORT PROGRAM | + | |
| - | + | ||
| - | You shall be entitled to participate in the NeuroSky Developer Support Program for a period of one year following receipt of payment for your participation in said program ( “Payment Date”), as indicated on the records of the Company. You may renew Your participation in the NeuroSky Developer Support Program at any time for an annual fee of $1,500 per individual or legal entity that will be using the Software licensed under this Agreement, | + | |
| - | payable on or before each yearly anniversary of the Payment Date. | + | |
| - | + | ||
| - | The Developer Support Program provides: | + | |
| - | • Technical support with 24 hour email response. Technical support can be reached at [email protected]. | + | |
| - | • Software update releases for any MDT and/or MRT that You have licensed | + | |
| - | • Access to the Support website (http://support.neurosky.com), with design examples, FAQs and tips | + | |
| - | + | ||
| - | Update Releases: | + | |
| - | During the time that You are participating in the NeuroSky Developer Support Program, You shall be notified when new updates or releases of any MDT and/or MRT that you have licensed are available for download via FTP or the NeuroSky website, or via a CD sent to the Licensee. The Company’s technical support team will respond to technical questions based on the latest updates and releases. You must move to the latest release to receive bug fixes and or new features. | + | |
| - | + | ||
| - | Additional Terms | + | |
| - | The Company may terminate the Developer Support Program at any time, for any reason, with a pro rata refund of the annual fee paid by You. In addition, the Company may increase the renewal fee for any future annual periods in its sole discretion upon written notice to Licensee. Shipment fees and insurance associated with updates of hardware, firmware or software, or pursuant to an RMA, recall or otherwise for shipments from the Company shall be Your responsibility. | + | |
| - | + | ||
| - | V.2 | + | |
| - | Revised 06/26/09 | + | |