Beta Testing Agreement
Disclaimer of Warranty
IF YOU AGREE TO THESE CONDITIONS, PLEASE READ THE TERMS OF THIS BETA TESTER AND CONFIDENTIALITY AGREEMENT (“AGREEMENT“) GOVERNING THE USE OF THE INVOICE MAKER (“IM”) SOFTWARE.
BY INDICATING YOUR ACCEPTANCE OF THESE TERMS AND SELECTING THE “I AGREE” BUTTON, YOU ARE (1) REPRESENTING THAT YOU ARE OVER THE AGE OF 18, (2) REPRESENTING THAT YOU HAVE THE RIGHT AND AUTHORITY TO LEGALLY BIND YOURSELF TO THESE TERMS, AND (3) CONSENTING TO BE LEGALLY BOUND BY ALL OF THE TERMS OF THIS AGREEMENT. THIS WILL CREATE A BINDING AGREEMENT. IF YOU DO NOT AGREE TO ALL TERMS OR CANNOT MAKE SUCH REPRESENTATIONS, DO NOT PROCEED TO USE THE SOFTWARE. ANY USE OF THE SOFTWARE AFTER PRESSING THE “I AGREE” BUTTON WILL CONSTITUTE AS AN AGREEMENT TO ALL TERMS.
You agree to keep confidential and not disclose or discuss to any third party: a) The Beta Product, including bugs and malfunctions b) IM Materials, c) IM development or marketing plans that you learn about as part of your participation as a beta tester, d) your participation in the Beta Program, and e) verbal or written communications from IM employees, agents, contractors or other representatives regarding IM Materials and the Beta Product. The confidentiality requirements continue until all of the above become publicly known.
THE BETA SOFTWARE LICENSED HEREUNDER IS STILL IN TESTING PHASE AND IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS AND IS BELIEVED TO CONTAIN DEFECTS AND A PRIMARY PURPOSE OF THIS BETA TESTING LICENSE IS TO OBTAIN FEEDBACK ON SOFTWARE PERFORMANCE AND THE IDENTIFICATION OF DEFECTS. LICENSEE IS ADVISED TO SAFEGUARD IMPORTANT DATA, TO USE CAUTION AND NOT TO RELY IN ANY WAY ON THE CORRECT FUNCTIONING OR PERFORMANCE OF THE BETA LICENSED SOFTWARE AND/OR ACCOMPANYING MATERIALS. TO THE EXTENT PERMITTED UNDER INVOICE MAKER LLC
Grant of License to Test. Subject to the terms and conditions of this Agreement, IM hereby grants You a personal, nonexclusive, nontransferable and revocable license to use the Beta Product. Your license will be valid only during the time that you are an active participant in any IM Beta Program solely for the purposes of testing and evaluating the Beta Product to assist IM in the completion of its development, and not for any commercial purpose or use. You agree not to reverse engineer, disassemble or decompile any prototypes, software or other tangible objects which are provided to you hereunder.
Termination. This Agreement will automatically expire at the end of your participation as an IM Beta Program tester unless terminated sooner in accordance with this Agreement, and in any case shall expire not more than five (5) years after the date of this Agreement. Either party may terminate this Agreement before the end of your participation in the IM Beta Program for any reason or no reason upon written notice to the other party. This Agreement will automatically terminate upon any breach by you of any of your obligations hereunder including breach of confidentiality obligations. Your breach of any of your obligations under the Agreement may result in your immediate removal from the IM Beta program(s). Upon request. To terminate your beta testing we will remove you from testing.
It is expressly understood, acknowledged and agreed that Licensee shall, regardless of whether or not formally requested to do, provide reasonable suggestions, comments and feedback regarding the Beta Licensed Software, including but not limited to usability, bug reports and test results (collectively, “Feedback”). If Licensee provides such Feedback, Licensee shall grant IM the following worldwide, non-exclusive, perpetual, irrevocable, royalty free, fully paid up rights: to make, use, copy, modify, sell, distribute, sub-license, and create derivative works of, the Feedback as part of any IM product, technology, service, specification or other documentation (individually and collectively, ” Invoice Maker Products”); to publicly perform or display, import, broadcast, transmit, distribute, license, offer to sell, and sell, rent, lease or lend copies of the Feedback (and derivative works thereof) as part of any Invoice Maker; solely with respect to Licensee’s copyright and trade secret rights, to sublicense to third parties the foregoing rights, including the right to sublicense to further third parties; and to sublicense to third parties any claims of any patents owned or licensable by Licensee that are necessarily infringed by a third party product, technology or service that uses, interfaces, interoperates or communicates with the feedback or portion thereof incorporated into an Invoice Maker Product, technology or service. Further, Licensee warrants that its Feedback is not subject to any license terms that would purport to require Invoice Maker to comply with any additional obligations with respect to any Invoice Maker Products that incorporate any Feedback. Should Licensee encounter any bugs, glitches, lack of functionality or other problems on the website, please let Invoice Maker know immediately so it can be rectified accordingly. A licensee can submit its requests and issues to firstname.lastname@example.org. Licensee’s help in this regard is greatly appreciated.