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This Trial Agreement governs the access and use of the Meahana platform and associated services ("Services") provided by Meahana, Inc. ("Meahana") for a limited evaluation period.
1. Acceptance: By clicking “agree to terms” and registering for an account or using the Services in any manner, you agree to be bound by this Trial Agreement. If you do not agree to the terms of this Trial Agreement, you may not use the Services. If you are using the Services on behalf of a company or other legal entity, you represent and warrant that you have the authority to bind that entity and its affiliates to this Trial Agreement.
2. License Grant: Meahana grants you a limited, revocable, non-exclusive, non-transferable license to access and use the Services solely for your internal evaluation purposes for 90 days from the date of account registration ("Trial Period"). You may not use the Services for any commercial purposes during the Trial Period.
3. License Restrictions: You may not: (a) make the Services available to any third party; (b) attempt to reverse engineer, decompile, disassemble, or otherwise access the source code of the Services or any related software; (c) modify, copy or make derivative works based on the Services; (d) remove any proprietary notices or labels from the Services; or (e) use the Services for competitive analysis or to build competitive products or services.
4. Ownership: Meahana retains all rights, title, and interest in and to the Services and all related intellectual property. The Services are licensed and not sold. No ownership rights are transferred under this Trial Agreement. You retain all ownership of your pre-existing intellectual property.
5. Confidentiality: Each party agrees not to use the other party's confidential information, except as necessary to perform under this Trial Agreement. Each party shall protect the other's confidential information using prudent security measures.
6. Warranties: Meahana represents that it has the full right and authority to enter into, execute, and perform its obligations under this Trial Agreement and to grant the rights and licenses granted herein; The Platform provided by Meahana does not infringe, misappropriate, or violate any intellectual property right of any third party; The Platform is provided on an "as is" basis without warranty of any kind, expressed or implied, including but not limited to fitness for a particular purpose, title, accuracy and non-infringement. Meahana does not warrant the Platform will operate uninterrupted or error-free.
7. Limitation of Liability: Neither party will be liable for any indirect, special, incidental, or consequential damages arising from this Trial Agreement. Liability is limited to direct damages, up to the amount of fees paid under this Trial Agreement.
8. Term and Termination: This Trial Agreement begins upon account registration and continues for the 90-day Trial Period unless terminated earlier. Either party may terminate this Trial Agreement at any time upon written notice. Upon termination, your access to the Services will immediately end.
9. Data Access: If you do not transition to a paid Meahana subscription plan, you will lose access to your data 30 days following the termination of this Trial Agreement.
10. Severability: If any provision of this Trial Agreement is determined to be invalid or unenforceable by a court of competent jurisdiction, the remainder of this Trial Agreement shall remain in full force and effect. The invalid or unenforceable provision shall be modified to the minimum extent necessary to render such provision valid and enforceable while maintaining the original intent and economic terms of the parties."
11. General Provisions: This Trial Agreement is governed by New Jersey law without reference to conflict of law principles. The parties consent to the personal jurisdiction of and venue in the state and federal courts in New Jersey. Neither party may assign this Trial Agreement without the prior written consent of the other party. This Trial Agreement constitutes the entire agreement between the parties relating to the subject matter hereof and supersedes all prior communications, representations, or agreements, oral or written. This Trial Agreement may be amended only by a written document signed by both parties. Neither party will be liable for any failure or delay in performance due to causes beyond its reasonable control. If any provision of this Trial Agreement is held to be invalid or unenforceable, that provision will be removed while maintaining the remaining provisions.