BETA PARTICIPATION AGREEMENT
The Software-Product accompanying this Agreement as a pre-release copy and all affiliated materials, including documentation and information (collectively the “Beta Test Materials”), is copyrighted.
Please read this Beta Test Program Participation Agreement (“Participation Agreement”) carefully as it sets out the terms and conditions you must agree to in order to participate in the Private Beta Test Program. By downloading, accessing or installing the Beta Test Materials, you are consenting to be bound by this agreement. However, we do not guarantee that you will be selected to participate in the Beta Test Program.
The Beta Test Materials provided may contain defects and a primary purpose of this Beta Test Program, for which no fees have been charged or are due from you, is to obtain feedback on capabilities and features, software performance and the identification of improvements. You are advised to safeguard important data, to use caution and not to rely in any way on the correct functioning or performance of the software and/or accompanying materials.
While we use Hi-flier as our company and product name, we remain incorporated as Bipronum, Inc., as such these terms refer to Bipronum, Inc. for the legal name.
Thank you! We very much look forward to your participation and thoughts.
TERMS AND CONDITIONS
You agree to provide reasonable feedback to Bipronum, about your experiences using available features and capabilities as they relate to your requirements, possible value that could be derived, information about usability and imperfections of the Beta Test Materials. All of your feedback shall be the property of Bipronum and may be used by Bipronum for any purpose it sees fit.
We shall have a royalty-free, worldwide, transferable, sublicenseable, irrevocable, perpetual license to use or incorporate into the Beta Test Material or any of our future products or services any data concerning the use and performance of the Beta Test Material hereunder.
As it relates to the Beta Test Program, we may ask to include your name and logo in customer or vendor lists including those customer or vendor lists used in press releases.
Beta Software Product Support
Bipronum is under no obligation to provide technical support under the terms of this agreement, and provides no assurance that any specific errors or discrepancies in the Beta Test Materials will be corrected. However it is very much in our interest to ensure a successful participation, and should you encounter any significant issues at all we ask that you contact us at firstname.lastname@example.org.
Beta Test Materials
Bipronum shall provide you with the login information and learning (“Beta Test Materials”) required for participation in the Beta Test Program. You shall keep the Beta Test Materials in your possession, custody and control. You will be responsible for any loss or damage to the Beta Test Materials. You may be obligated to delete or return some or all of the Beta Test Materials made available to you.
You understand that Bipronum or its affiliates shall own all of the Beta Test Materials, including without limitation all intellectual property rights therein. You shall keep the Beta Test Materials free of all security interests, liens, or other encumbrances. You may not sell, lease, license, loan or otherwise transfer or dispose of any of the Beta Test Materials.
Confidential Nature of Beta Test Materials
You acknowledge and agree that
- the Beta Test Materials are the confidential information of Bipronum;
- the Beta Test Materials are pre-release materials and not intended for public release;
- disclosure of any part of the Beta Test Materials to any third party outside of its intended trial use, including but not limited to any trade or consumer press, news agency or any competitor of Bipronum, will cause significant and irreparable harm to Bipronum, the extent of which may be difficult to ascertain.
Accordingly, you agree Bipronum shall be entitled to injunctive relief as well as all other legal remedies that may be available in the event you breach this agreement.
Participant’s Warrants and Representations
You warrant and represent that you:
- are at least 18 years of age;
- own your computer and do not share it with anyone else;
- will continue to have access to the Internet through an Internet service provider (“ISP”) for the duration of the test;
- will not post any comments or other communications which may be offensive or threatening;
- acknowledge and agree that you have no expectation of privacy or confidentiality in any personal information, ideas, designs or inventions that you choose to disclose during your participation in the Beta Test Program or use of any of the Beta Test Materials;
- agree that Bipronum may remove any content created by you for any reason;
- will only use the Beta Test Materials in your home or office and you will not give any public exhibitions or displays using the Beta Test Materials;
- agree that if you allow anyone else to use the Beta Test Materials in your home or office you accept responsibility for their acts, including any violations of this agreement;
- will immediately notify Bipronum if you find or become aware that the Beta Test Materials are in the possession of a third party, and you will use your best efforts to help recover the Beta Test Materials and to prevent any further loss.
- will use the content and tools made available to you through the Private Beta Test Program only for the purposes intended as any misuse of such content or tools may result in immediate termination of your account and participation in the Private Beta Test Program;
- will not misappropriate any of the intellectual property of Bipronum or any other party as such misappropriation may result in legal prosecution;
THE BETA TEST MATERIALS ARE PROVIDED TO YOU “AS IS” AND TO THE EXTENT AUTHORIZED BY LAW, BIPRONUM MAKES NO REPRESENTATIONS OR WARRANTIES, EITHER EXPRESS OR IMPLIED, REGARDING THE BETA TEST MATERIALS, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. BIPRONUM ALSO EXPRESSLY DISCLAIMS ANY AND ALL WARRANTIES RELATING TO NONINFRINGEMENT OF THIRD PARTY RIGHTS, MERCHANTABILITY, SATISFACTORY QUALITY, OR ABILITY TO INTEGRATE THE SOFTWARE WITH OTHER PRODUCTS. FROM TIME TO TIME, THERE MAY BE PROBLEMS RELATED TO ACCESS, DELAY OR FAILURE TO PERFORM. YOU AGREE THAT BIPRONUM HAS NO LIABILITY FOR SUCH DISCONTINUANCE.
LIMITATION OF LIABILITY AND REMEDIES
IN NO EVENT SHALL COMPANY BE LIABLE TO PARTICIPANT OR ANY THIRD PARTY FOR ANY GENERAL, INCIDENTAL, CONSEQUENTIAL, INDIRECT, DIRECT, SPECIAL, OR PUNITIVE DAMAGES, ARISING OUT OF OR RELATING TO THE BETA TEST MATERIAL OR THE TRANSACTIONS CONTEMPLATED HEREIN.
The foregoing limitation, exclusions and disclaimers shall apply to the maximum extent permitted by applicable law, even if any remedy fails of its essential purpose..
This Participation Agreement will be effective from the time you create your own login credentials to the Beta Test Materials until the Beta Test Program is terminated at the sole discretion of Bipronum. You may terminate this Participation Agreement at any time by returning the materials made available to you and providing Bipronum written notification of your termination by sending an email to email@example.com. Your account and participation privileges may be terminated immediately if you fail to comply with any of the terms and conditions of this Participation Agreement or if you fail to provide reasonable feedback in a timely manner. Bipronum also reserves the right to terminate your account or the Beta Test Program at any time with or without cause, and may never make the Beta Test Materials generally available.
Governing Law and Venue
You agree that the laws of the State of California shall govern the terms of this Participation Agreement and your participation in the Beta Test Program.
Should you have any questions concerning this Participation Agreement please contact Bipronum, Inc, at firstname.lastname@example.org or send a letter to 1227 Ladera Way, Belmont CA 94002.
If you do not agree to be bound by the terms and conditions of this Agreement, do not continue any further. By continuing you agree that:
you wish to participate in the Beta Test Program;
you have read this entire Participation Agreement;
you specifically agree to be bound by all of the above listed terms and conditions.