-Referred to hereinafter as "USER"-
STIHL manufactures handheld outdoor power equipment. Its equipment is tested extensively, including the testing of prototypes before series production models are built and released to the public. Such prototypes are not approved for general public use or sale. Equipment and prototypes are collectively referred to in this agreement as “UNITS.” The under-signed has agreed to test UNITS provided by STIHL, personally or by his employees (collectively “USER”). In consideration for USER’S opportunity to test the UNITS free of charge, USER agrees to the following:
1 USER will perform testing without any charge or fees to STIHL.
2 The UNITS will remain the sole property of STIHL, and are provided on loan to USER. USER will not share UNITS with any third party without the prior agreement of STIHL. Any approved third party will be required to sign an agreement similar to this one.
3 The fact that USER is testing UNITS, as well as the technical details and appearance of the UNITS, must be kept confidential –even after the end of this agreement. Additionally:
o USER must securely use and store UNITS to protect against loss, destruction or damage, especially by third parties. This includes storing and locking the UNITS when not in use.
o USER must NOT publicly exhibit UNITS or use them at public events.
o USER must not make or allow others to make photographs, videos or other forms of media unless specifically requested by STIHL.
o USER must NOT open, dismantle or repair UNITS unless agreed upon or authorized by STIHL.
o USER will not intentionally or negligently damage any UNITS.
4 USER will only use the UNITS as instructed by STIHL and STIHL field testing personnel. STIHL will provide instruction manuals for series models, and instruction manuals for similar products in the event a prototype is being tested. For any additional features on a prototype, STIHL will give more specific instructions.
5 After completing the testing, USER must return all UNITS, along with any provided documentation as may be specified by STIHL.
6 USER will be liable for breaching any of its agreements in this document.