This Beta Tester Agreement (“Agreement”) is made by and between fCoder Solutions, Sp. z o.o. (“Developer”) and you (“Beta Tester”, “You”).
Developer is the owner of a Pre-Release Software identified as PrintVisor (“Beta Software”) that it desires to have tested by prospective users in what is commonly referred to as a “Beta Test”.
The Beta Software contains valuable, confidential, trade secret information owned by the Developer.
The Beta Tester desires to test and evaluate the Beta Software’s suitability for use in its business.
Therefore, in consideration of the promises set forth herein, the parties agree as follows:
Scope of the Agreement
Developer agrees to provide the Beta Tester the Beta Software, and Beta Tester accepts the Beta Software, subject to the terms of this Agreement. Beta Tester agrees to test and evaluate the Beta Software as provided herein, report to Developer with respect to the usefulness and functionality of Beta Software, all pursuant to this Agreement.
Eligibility
BY PARTICIPATING IN THIS PROGRAM, YOU ACKNOWLEDGE THAT: (1) YOU ARE 18 YEARS OF AGE OR OLDER; AND (2) YOU ARE NOT MAKING OR PLANNING TO MAKE A COMPETING SOFTWARE OR WORKING FOR ANY COMPANY MAKING A COMPETING SOFTWARE; AND (3) YOU HAVE READ, UNDERSTOOD, AND ACCEPTED THE TERMS AND CONDITIONS OF THIS AGREEMENT.;
Copyrights and Ownership
This Software is copyrighted and is protected by international copyright laws. Beta Tester will not remove copyright notices from the Software. Beta Tester agrees to prevent any unauthorized copying of the Beta Software. Except as expressly provided herein, Developer does not grant any express or implied right to Beta Tester under it’s patents, copyrights, trademarks, or trade secret information.
Confidentiality
A. Beta Tester acknowledges and agrees that in providing the Beta Software, Developer may disclose to Beta Tester certain confidential, proprietary trade secret information of Developer (the “Confidential Information”). Confidential Information may include, but is not limited to, the Beta Software, computer programs, flowcharts, diagrams, manuals, schematics, development tools, specifications, design documents, marketing information, financial information, and business plans. During this Agreement and for a period of 2 years thereafter, Beta Tester agrees that it will not, without the express prior written consent of Developer, disclose any Confidential Information or any part thereof to any third party, except to the extent that such Confidential Information: a) is or becomes generally available to the public through no fault of Beta Tester; b) is rightfully received by Beta Tester from a third party without limitation as to its use; or c) is independently developed by Beta Tester. At the termination of this Agreement, Beta Tester will return the Beta Software and all other Confidential Information to Developer.
B. Beta Tester also agrees that it shall not duplicate, translate, modify, copy, printout, disassemble, decompile, reverse engineer, or otherwise tamper with the Beta Software or any firmware, circuit board or software provided therewith.
License and Acceptable Use
Beta Tester acknowledges that Beta Tester shall have only a limited, non-exclusive, non-transferable, revocable license to use the Beta Software for a period not to exceed the Term of this Agreement. Beta Tester acknowledges and agrees that it will not use the Beta Software for any purpose that is illegal. BECAUSE THE BETA SOFTWARE IS A “BETA TEST” VERSION ONLY AND IS NOT ERROR OR BUG FREE, BETA TESTER AGREES THAT IT WILL USE THE BETA SOFTWARE CAREFULLY AND WILL NOT USE IT IN ANY WAY THAT MIGHT RESULT IN ANY LOSS OF ITS OR ANY THIRD PARTY’S PROPERTY OR INFORMATION.
Feedback
Beta Tester agrees to report any flaws, errors, bugs or imperfections discovered in Beta Software or other materials where Beta Tester has been granted access to the Beta Test. Beta Tester understands that prompt and accurate reporting is the purpose of the Beta Tests and undertakes to use best efforts to provide frequent reports on all aspects of the product both positive and negative and acknowledges that any improvements, modifications and changes arising from or in connection with the Beta Testers contribution to the Beta Software, remain or become the exclusive property of the Developer.
Due to the nature of this Agreement, the Developer reserves the right to contact Beta Tester via email or other means.
Term
Beta Tester’s rights with respect to the Beta Software under this Agreement will terminate upon the earlier of (a) the initial commercial release by Developer of a generally available version of the Beta Software or (b) automatic expiration of the Beta Software based on the system date.
Termination
Beta Tester may terminate this Agreement at any time prior to expiration of the Term by ceasing to use and uninstalling the Beta Software. Developer may terminate this Agreement upon notice to Beta Tester, subject to Beta Tester’s obligation to return the Beta Software, Confidential Information and all copies thereof. The obligations of Beta Tester in Section Confidentiality above shall survive the termination of this Agreement. If not earlier terminated, this Agreement shall terminate automatically upon the end of the period set forth in Section Term and following Beta Tester’s return of the Beta Software and the Confidential Information. Upon termination, Beta Tester agrees to remove from Beta Tester’s computer any files related to Beta Software.
Disclaimer Of Liability and Warranties
BETA TESTER ACKNOWLEDGES AND UNDERSTANDS THAT IT IS RECEIVING A PRELIMINARY BETA TEST VERSION OF THE BETA SOFTWARE AND RELATED DOCUMENTATION THAT MAY CONTAIN SIGNIFICANT ERRORS, OMISSIONS, AND PROBLEMS. BETA TESTER AGREES AND ACKNOWLEDGES THAT DEVELOPER SHALL HAVE NO RESPONSIBILITIES TO BETA TESTER TO CORRECT ANY DEFECTS OR PROBLEMS IN THE BETA SOFTWARE OR THE RELATED DOCUMENTATION, OR TO ASSURE THAT THE BETA SOFTWARE OPERATES PROPERLY. DEVELOPER DISCLAIMS ANY AND ALL WARRANTIES WITH RESPECT TO THE BETA SOFTWARE AND THE RELATED DOCUMENTATION, WHETHER EXPRESS OR IMPLIED, INCLUDING SPECIFICALLY THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. THE BETA SOFTWARE AND THE RELATED DOCUMENTATION IS PROVIDED “AS IS”, AND BETA TESTER UNDERSTANDS THAT IT ASSUMES ALL RISKS OF ITS USE, QUALITY, AND PERFORMANCE.
DISCLAIMER OF LIABILITY. BECAUSE OF THE NATURE OF THIS BETA TESTER AGREEMENT, BETA TESTER AGREES AND ACKNOWLEDGES THAT DEVELOPER SHALL HAVE NO LIABILITY WHATSOEVER TO BETA TESET FOR ANY PROBLEMS IN OR CAUSED BY THE BETA SOFTWARE OR THE RELATED DOCUMENTATION, WHETHER DIRECT, INDIRECT, SPECIAL, OR CONSEQUENTIAL (INCLUDING LOSS PROFITS).
Support
During the Term of this Agreement the Developer is not obligated to provide Beta Tester with any maintenance, technical or other support for the Beta Software. Beta Tester acknowledges that the Developer has no express or implied obligation to announce or make available a commercial version of the Beta Software to anyone in the future. Should a commercial version be made available, it may have features or functionality that are different from those found in the Beta Software licensed hereunder.
Privacy Policy
Beta Tester acknowledges and agrees that by participating in the Beta Program or by using the Beta Software, the Developer may receive certain information about Beta Tester, including personally identifiable information and hereby consents to Developer’s collection, use and disclosure of such information in accordance with the Privacy Policy.
No Waiver
The waiver or failure of either party to exercise in any respect any right provided in this agreement shall not be deemed a waiver of any other right or remedy to which the party may be entitled.
Entirety of Agreement
The terms and conditions set forth herein constitute the entire agreement between the parties and supersede any communications or previous agreements with respect to the subject matter of this Agreement. There are no written or oral understandings directly or indirectly related to this Agreement that are not set forth herein.
Modifications
Developer will notify Beta Tester about any modifications or amendments in this Agreement by (1) email message, or (2) notice on the website, or (3) update of Beta Software.
Fees And Payments
There are no license fees for Beta Tester’s use of the Beta Software under this Agreement. Beta Tester is responsible for all costs and expenses associated with the use of the Beta Software and the performance of all testing and evaluation activities. Beta Tester is not entitled to any payments or fees in connection with Beta Test.
Governing Law
This Agreement shall be construed and enforced according to the laws of the Republic of Poland and any dispute under this Agreement must be brought in this venue and no other.
Severability
If any term of this Agreement is held by a court of competent jurisdiction to be invalid or unenforceable, then this Agreement, including all of the remaining terms, will remain in full force and effect as if such invalid or unenforceable term had never been included.
Contacts
If you have any questions about this Beta Test Agreement you may write or contact fCoder via contact form, or at info@fcoder.pl or at fCoder Solutions Sp. z o.o. 15 Plac Solny, Wrocław, Poland.
Last updated: 2020-07-07