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.
Thank you! We very much look forward to your participation and thoughts.
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.
Bipronum is under no obligation to provide technical support under the terms of this agreement
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.
You acknowledge and agree that:
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.
You warrant and represent that you:
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.
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,
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.
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 2417 Hastings Drive, 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: