Trial Agreement Terms and Conditions

This PlenOptika Trial Agreement (“Agreement”) sets forth the terms and conditions governing Company’s use of the PlenOptika Products and related documentation listed below (the “Product(s)”) solely for the purpose described below (the “Purpose”). The term of this Agreement commences on the Trial Effective Date set forth above and expires on the Trial Expiration Date set forth above (the “Term”). “Affiliates” means any corporation, partnership or other entity now existing or hereafter organized that directly or indirectly controls, is controlled by or under common control with Company. For purposes of this definition “control” means the direct possession of a majority of the outstanding voting securities of an entity. Product(s) may be used during the Term only, unless Company executes a separate agreement with PlenOptika. Use of the Products is subject to the terms and conditions set forth below.

Right to Use: PlenOptika agrees to loan Company the Product(s) and grants to Company a non-exclusive, non-transferable, royalty-free, revocable license to access and use the Products during the Term only, solely for the Purpose, at the Location.

Shipping Costs: Company shall pay all shipping costs associated with the delivery and return of Product(s). PlenOptika shall invoice all shipping costs in advance, and such costs are due and payable upon receipt of the invoice. The Product(s) will not be shipped until payment is received in full.

Training Requirements: Prior to use of Product(s) for Purpose, all personnel of Company who will be using the Product(s) shall: (1) review Product instruction videos provided by PlenOptika (https://plenoptika.com/support) and (2) attend a Product training session by PlenOptika (approximately 30 minutes), hosted via phone or video call at a mutually agreed upon date and time.

Fees, Trial Fee Refund: Fees for the trial described in this Agreement may be different (and higher than) fees for use of the Products under a standard order. Company is responsible for payment of all fees associated with the trial as described in this Agreement. You must return the Products as described in the “Return of Products” Section below. Upon receipt of the returned Products following the expiration of the Term, Customer shall receive the Trial Fee Refund (such amount set forth above) only if: (i) Customer registers for and completes before the end of the Term the Required Product Training described above; and (ii) Customer returns all Products within ten (10) days of the date of expiration or termination of the Term, and such Products are returned in good condition.

Term and Termination: This Agreement expires at the end of the Term, unless otherwise terminated as set forth herein. PlenOptika may terminate this Agreement immediately in the event of a material breach of this Agreement by Company that is not cured within ten (10) days of written notice thereof from PlenOptika.

Return of Products: Within ten (10) days following termination or expiration of the Term for any reason, Company shall return the Product(s) to PlenOptika, free of damage and in good working condition, in its original “travel case” packaging, together with any and all documentation and materials provided by PlenOptika in connection with Product(s), and in accordance with instructions given by PlenOptika. If Company does not return the Product(s) within ten (10) days, or if the Products are not returned in good condition, then in addition to all other rights and remedies available to PlenOptika, PlenOptika shall automatically charge your credit card the Weekly Rental Fee of $75 per week, which such amount must be paid by Company and will not release, waive, or set off any other amounts owed by Company under this Agreement. Company shall be responsible for all return shipping and insurance costs. Company is responsible for removing all Company Data from the PlenOptika Products, and PlenOptika shall have no obligation to make Company Data available to Company upon termination of this Agreement. ANY OF YOUR DATA ENTERED INTO THE PRODUCTS DURING THE TERM MAY BE PERMANENTLY LOST UPON TERMINATION OF THE TERM. Any provision which by its nature should survive termination of this Agreement shall survive such termination, including but not limited to the limitation of liability and indemnification provisions.

Obligations of Company. Company shall, at all times while Product(s) is under its control or in its possession, ensure that Product(s) is (a) used strictly in connection with and solely for the Purpose; (b) used and operated strictly in accordance with all applicable PlenOptika operating instructions; and (c) operated only by competent and trained persons. Company agrees that it shall not sell, lease, loan, sublicense, assign, transfer, or distribute Product(s) to any third parties. Company further agrees that it shall not modify, alter, translate, reverse-engineer, decompile, disassemble, or otherwise attempt to derive the source code, object code, or underlying structure of the Product(s), or use Product(s) in any manner that is inconsistent with the Purpose without the prior written approval of PlenOptika. Company will not create derivative works of the Product(s) or use or access the Product(s) to build, support, and/or assist any third party in building or supporting products or services that are competitive with the Product(s). Company will not use the Product(s) for any fraudulent undertaking or in any manner that could damage, impair, or otherwise interfere with PlenOptika’s provision of the Product(s). Company, at its sole expense, shall maintain Product(s) in good working condition in accordance with applicable PlenOptika maintenance instructions, reasonable wear and tear excepted. Company shall not remove or deface any PlenOptika or other clearly branded identification numbers, marks, or nameplates that may be included on or affixed to Product(s). Company shall be liable to PlenOptika for any damage, misuse, or loss of Product(s), including any replacement or repair cost incurred by PlenOptika. Replacement cost shall be based on the then-current list price for Product(s). Company agrees to maintain appropriate and adequate insurance policies and coverage to cover any such damage to or loss of Product(s). Notwithstanding such insurance coverage, Company shall immediately reimburse PlenOptika for any such damage or loss.

Title and Risk of Loss. PlenOptika and its licensors shall have sole and exclusive ownership of all right, title, and interest in and to the Products (including any software and firmware contained therein), including all associated intellectual property rights. PlenOptika will be free to use, disclose, reproduce and otherwise exploit any and all suggestions, enhancements requests, feedback, recommendations or other input provided by Company or any other party relating to the Product(s) as PlenOptika sees fit, entirely without obligation or restriction of any kind. Any rights not expressly granted herein are reserved by PlenOptika. Company is responsible for loss of or damage to Product(s) while Product(s) is in under Company’s control or in its possession.

Export Controls, Compliance with Law. Company shall not transfer or export Product(s) or related technical information without the prior written consent of PlenOptika. Company hereby covenants that all of its activities under or pursuant to this Agreement comply with all applicable laws, rules, and regulations.

Confidential Information. During the Term, each party may disclose or provide to the other certain technical or business information that it wishes to remain confidential (“Confidential Information”). Confidential Information will not, however, include any information that (i) was publicly known and made generally available in the public domain prior to the time of disclosure by the disclosing party; (ii) becomes publicly known and made generally available after disclosure by the disclosing party to the receiving party through no action or inaction of the receiving party; (iii) is already in the possession of the receiving party at the time of disclosure by the disclosing party, as shown by the receiving party’s files and records; (iv) is obtained by the receiving party from a third party without a breach of the third party’s obligations of confidentiality; or (v) is independently developed by the receiving party without use of or reference to the disclosing party’s Confidential Information, as shown by documents and other competent evidence in the receiving party’s possession. The receiving party may use this Confidential Information only for the Purpose during the Term, or for the purpose of performing other obligations under this Agreement. The receiving party may not disclose any of the disclosing party’s Confidential Information to any third party. Without limitation, PlenOptika’s Confidential Information includes the Product(s). The receiving party acknowledges and agrees there may be no adequate remedy at law for breach of this section and that such breach may cause irreparable harm to the disclosing party; therefore, in the event of a breach or threatened breach of this section by the receiving party, the disclosing party shall be entitled to seek immediate injunctive relief, in addition to whatever remedies it might have at law or under this Agreement. COMPANY AGREES THAT IT SHALL NOT, WITHOUT PLENOPTIKA’S PRIOR WRITTEN CONSENT IN EACH INSTANCE: (A) USE THE PRODUCTS FOR THE PURPOSES OF CONDUCTING COMPARATIVE ANALYSIS OR PRODUCT BENCHMARKS WITH RESPECT TO THE PRODUCTS; (B) PUBLICLY POST ANY ANALYSIS OR REVIEWS OF THE PRODUCTS; OR (C) ISSUE, PUBLIC, OR CONTRIBUTE TO ANY PRESS RELEASE, ACADEMIC JOURNAL, OR ANT OTHER MEDIA OR PUBLICATION REGARDING USE OF THE PRODUCT OR ITS RESULTS.

DISCLAIMERS. TO THE GREATEST EXTENT PERMITTED BY APPLICABLE LAW, THE PRODUCT(S) ARE PROVIDED “AS IS” AND ALL WARRANTIES, EXPRESS OR IMPLIED, ARE EXCLUDED AND HEREBY DISCLAIMED, INCLUDING WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF COMPANYABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, AND ANY WARRANTIES ARISING BY STATUTE OR OTHERWISE IN LAW OR FROM COURSE OF DEALING, COURSE OF PERFORMANCE, OR USE OF TRADE. PLENOPTIKA AND ITS PRODUCTS DO NOT PROVIDE MEDICAL ADVICE OR DIAGNOSISES. COMPANY ACKNOWLEDGES THAT IT IS SOLELY RESPONSIBLE FOR VERIFYING THE ACCURACY OF PATIENT INFORMATION (INCLUDING, WITHOUT LIMITATION, BY OBTAINING ALL APPLICABLE PATIENTS’ MEDICAL AND MEDICATION HISTORY (E.G., ALLERGIES), AND FOR ALL MEDICAL DECISIONS OR ACTIONS WITH RESPECT TO THE MEDICAL CARE, TREATMENT AND WELL-BEING OF COMPANY’S PATIENTS, INCLUDING, WITHOUT LIMITATION, ALL OF COMPANY’S ACTS OR OMISSIONS IN TREATING THE APPLICABLE PATIENT AND ANY RELIANCE BY COMPANY OR ITS USERS UPON THE PRODUCT(S) SHALL NOT DIMINISH THAT RESPONSIBILITY. COMPANY SHALL NOT USE THE PRODUCTS FOR THE PURPOSE IN A MANNER THAT VIOLATES LAWS AND WILL BE FULLY LIABLE FOR ANY DAMAGES CAUSED BY ITS USE OF THE PRODUCTS FOR THE PURPOSE AND/OR DURING THE TERM. Company acknowledges that the broad applicability of the Product(s) may make them useful in applications for which they were not expressly designed, and which may involve dangers to human health or safety. Company agrees not to use the Product(s) for any such purpose.

Limitation of Liability. Notwithstanding any other Section or provision of this Agreement, under no circumstances shall PlenOptika be liable for any consequential, special, incidental, indirect, multiple, administrative, or punitive damages, or any damage of an indirect or consequential nature arising out of or related to Company’s use of the Product(s) or PlenOptika’s performance under this Agreement, unless such damages are caused by PlenOptika’s grossly negligent, reckless, or intentional actions. To the maximum extent permitted by applicable law, PlenOptika’s total aggregate liability under this Agreement shall not exceed the greater of (a) the fees actually paid by Customer under this Agreement, or (b) $1,000.

Data & Privacy: Company owns any data, information, or material originated by Company that Company submits or provides during the Term (“Company Data”). Company is solely responsible for the accuracy, quality, content, and legality of Company Data, the means by which Company Data is acquired and the transfer of Company Data. Company represents and warrants that it has all rights necessary to upload the Company Data to the Product(s). Company acknowledges and agrees that PlenOptika may use such Company Data, only in accordance with PlenOptika’s privacy policies, available here https://plenoptika.com/privacy-policy/.

Governing Law and Venue. This Agreement is written and construed in the English language and its interpretation in any judicial or arbitration proceedings shall be in accordance with the meaning of the words and phrases in the United States, and performance of the Parties is construed and governed in accordance with the laws of the Commonwealth of Massachusetts, United States of America, excepting its laws and rules relating to conflict of law. Neither (a) the United Nations Convention on Contracts for the International Sale of Goods, (b) the 1974 Convention on the Limitation Period in Contracts for the International Sale of Goods (hereinafter referred to as the “1974 Convention”), nor (c) the Protocol Amending the 1974 Convention done at Vienna, Austria, on April 11, 1980, apply in any manner to the interpretation or enforcement of this Agreement.

Miscellaneous. This Agreement may not be assigned, delegated, sublicensed, or transferred, whether by operation of law or otherwise, by Company without the written consent of PlenOptika, and any attempted assignment, delegation, sublicense, or transfer without such written consent is void and of no effect. Nothing in this Agreement shall be construed to imply a joint venture, partnership or agency relationship between the parties; PlenOptika shall be considered an independent contractor. Any notice required to be provided pursuant to this Agreement shall be in writing, addressed to the parties at the respective addresses set forth on the cover page, and sent by first class mail or pre-paid postage. No waiver of any breach of any provision of this Agreement constitutes a waiver of any prior, concurrent or subsequent breach of the same or any other provisions and will not be effective unless made in writing and signed by an authorized representative of the waiving party. If any provision of this Agreement is held by a court of competent jurisdiction to be invalid or unenforceable, then such provision(s) will be construed to reflect the intentions of the invalid or unenforceable provision(s), with all other provisions remaining in full force and effect. This Agreement is the entire agreement of the parties, and supersedes all prior and contemporaneous agreements and communications, whether oral or in writing, between the parties with respect to the subject matter of this Agreement, and no amendment or modification of this Agreement shall be effective unless made in writing and signed by authorized representatives of PlenOptika and Customer.

This Agreement between PlenOptika and Your Company is effective upon submission of the Trial form

Updated 15 April 2026