This DM-4120 FBG Interrogator evaluation program (the “Evaluation Program”) is offered by Sentea NV (“We” or “Us” or “Our” or “Sentea”), a Belgian company with registered offices at Technologiepark-Zwijnaarde 122, 9052 Ghent, Belgium and registered at the Crossroads Bank for Enterprises under the number 0696.682.308.
1. The Evaluation Program
Sentea desires to send selected applicants to the Evaluation Program (the “Candidate(s)”) at no charge certain of its sample materials (the “Sentea Materials”), as further described in the Material Transfer and Evaluation Agreement (the “Agreement”), for the purpose of the Candidates evaluating the Sentea Materials for research and development only, excluding, without limitation, any commercialization purpose (the “Evaluation”).
By participating to the Evaluation Program you, on behalf of yourself and/or of your company (the “Applicant”), must enter the requested information in the application form (the “Application Form”) and agree to abide by these Terms and the decisions of Sentea on this Evaluation Program, which shall be final and binding upon the Applicant in all respects.
2. Participants in the Evaluation Program
Submissions should only be submitted by authorized representatives of the Applicant applying for the Evaluation Program.
To qualify, each Applicant must, inter alia and at minimum comply with the following criteria:
- have a project in which the Applicant will be using FBG fiber sensors and for which the Applicant will need to purchase FBG sensor interrogators,
- have a test environment (e.g. laboratory) in which the Applicant can test the Sentea Material,
- have the essential skills to be able to test the Sentea Materials.
Competitors of Sentea shall not be eligible to participate to the Evaluation Program.
3. Process of the Evaluation Program
In order for the Applicant to participate in the Evaluation Program, the Applicant shall:
- Fill in the Application Form on the website senteatech.com/evaluationprogram;
- Make sure that no information in the Application Form, in whole or in part, violates the right(s) of any third party and that all activities of an Applicant’s business initiative are lawful;
- Ensure that its application to the Evaluation Program does not contain offensive or libelous material, is truthful and not misleading; and
- Comply with these Terms.
In the event the Applicant is selected by Sentea as a Candidate to the Evaluation Program, the Candidate will need to enter into a non-disclosure agreement (the “NDA”) and into the Agreement with Sentea with regard to the Evaluation Program.
4. Selection as a Candidate
Sentea reserves the right to select or refuse, in its sole discretion, whether an Applicant becomes a Candidate in the Evaluation Program. Sentea will decide upon this based on numerous criteria (included but not limited to the criteria set out in these Terms) defined by and known to itself.
After the Applicant submitted the Application Form, Sentea will decide upon acceptance of that Applicant as soon as practically possible. In the event the Applicant has not received any news from Sentea regarding the acceptance or refusal of its Application Form within one (1) month after submission of its Application Form, the Applicant will be deemed refused by Sentea to become a Candidate.
By applying to the Evaluation Program, the Applicant understands and agrees that Sentea is not obliged to substantiate any grounds of refusal.
In the event of a refusal by Sentea, the Applicant is not allowed to submit another Application Form for the same project that has already been refused by Sentea. The project as set out in the new Application Form must be, in the opinion of Sentea, sufficiently different from the previous project for which the Applicant submitted an Application Form.
5. Confidential Information of the Applicant
When submitting an Application Form, the Applicant understands and warrants that no information in the Application Form is/or can be deemed confidential or proprietary information of the Applicant, such as without being limited to restricted information, trade secret(s) or privileged information.
To the extent permitted by applicable law, Sentea will not be liable to the Applicant for any refusal of its application, and/or for any loss or damage the Applicant incurred in relation to these Terms.
Before being able to use the Sentea Materials correctly and according to its purpose, the Candidate may need to obtain and/or install various parts, such as for example sensors, himself. At the explicit request of the Candidate, Sentea provides recommendations and suggestions for the use of compatible sensors. In this context, Sentea will merely provide advice and the Candidate acknowledges that Sentea cannot be held liable for the proper functioning and / or compatibility of the sensors of third parties with the Sentea Materials.
7. Personal data
a) Amendement. Sentea reserves the right to amend these Terms at any time. Notification shall be made by publication on the website www.senteatech.com. Modifications are valid from the moment the Terms are published on the Website.
b) Severability. Whenever possible, the provisions of these Terms shall be interpreted so as to be valid and enforceable under the applicable law. However, if one or more provisions of these Terms are found to be invalid, illegal or unenforceable (in whole or in part), the remainder of the provision and of these Terms shall not be affected and shall continue in full force and effect as if the invalid, illegal or unenforceable provision(s) had never existed. In such case, Sentea and the Applicant shall amend the invalid, illegal or unenforceable provision(s) or any part thereof and/or agree on a new provision which embodies as closely as possible the purpose of the invalid, illegal or unenforceable provision(s).
c) Governing law. All disputes between Sentea and the Applicant in connection to these Terms shall first be discussed in good faith between them in order to try to find an amicable solution. If no solution can be found to settle the dispute within 30 days after giving notice to the defaulting party, then the dispute will be submitted to the competent courts of Ghent, department Ghent (Belgium). These Terms shall be governed by and construed in accordance with the laws of Belgium; no effect shall be given to any national or international conflict-of-laws provisions.