S.H.I.E.L.D. Agency e.U. SOFTWARE BETA TESTER AGREEMENT
This is an agreement, in which the Tester agrees to volunteer in testing
the video editing software “MacroSystem Compoesy” (the “Software”) and
keep the S.H.I.E.L.D. Agency aware of the test results.
- Company’s Obligations
Company shall provide the Tester with a copy of the software and any
necessary documentation (as far as available). For new software, testing
without a manual may be needed to analyze the ease of usage.
After the beta tests have been completed, the company will provide
testers (who have contributed to troubleshooting and improvement through
feedback in the forum) at least one free copy of the finished software,
depending upon the company’s decision to proceed with the production of
the software. Some beta software may never be released in case of
problems in development or changes within the software market.
- Tester’s Obligations
The Tester shall test Software under normally expected operating
conditions in private environment during the test period. Tester shall
report errors or unclear functions within the support forum.
- Software a Trade Secret
The software is proprietary and a valuable trade secret of the company.
It is entrusted to the Tester only for the purpose set forth in this
Agreement. The Tester shall maintain the software in the strictest
confidence. Without Company’s prior written consent, the Tester will
(a) disclose any information about the software, its design and
performance specifications, its code, and the existence of the beta test
and its results to anyone.
(b) copy any portion of the software, screenshots, or documentation,
except to the extent necessary to perform beta testing.
(c) reverse engineer, decompile or disassemble Software or any portion
- Security Precautions
Tester shall take reasonable security precautions to prevent the
software from being seen by unauthorized individuals whether stored on
the Tester’s hard drive or on physical copies such as CD/DVD/BD,
USB-drives or other media.
- Term of Agreement
The test period shall start with the registration and activation in the
forum. There may be multiple updates of the software and Testers giving
good feedback may keep their Beta-Tester status for many years, always
getting the latest software. This shall terminate if the Tester wishes
to leave the Beta program or when the company decides to initiate this,
in case of Tester inactivity. The restrictions and obligations contained
in clauses 3, 4, 7 and 8 shall survive the expiration, termination, or
cancellation of this agreement, and shall continue to bind the Tester,
its successors, heirs and assigns.
- Timeout of Beta Software
For company’s safety, beta software may have a limited usage, like an
expiration date, a usage counter, a usage timer, or other technical
restriction. Inactive Testers without further access to new beta
downloads may need to uninstall all portions of Software from used
systems because it can’t be used any more.
- Disclaimer of Warranty
Beta software is a test product and its stability and reliability are
not guaranteed. The Tester shall not rely exclusively on the software
for any reason. The Tester waives any and all claims he may have against
the company arising out of the performance or nonperformance of the
THE BETA SOFTWARE IS PROVIDED AS IS, AND COMPANY DISCLAIMS ANY AND ALL
WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, WITH RESPECT TO IT,
INCLUDING ANY IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A
- Limitation of Liability
The company shall not be responsible for any loss or damage to the
Tester or any third parties caused by Software. THE COMPANY SHALL NOT BE
LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL
DAMAGE, WHETHER BASED ON CONTRACT OR TORT OR ANY OTHER LEGAL THEORY,
ARISING OUT OF ANY USE OF THE BETA SOFTWARE OR ANY PERFORMANCE OF THIS
- No Rights Granted
This agreement does not constitute a grant or an intention or commitment
to grant any right, title or interest in the software or the company’s
trade secrets to the Tester. The Tester may not sell or transfer any
portion of the beta software to any third party.
- No Assignments
This agreement is personal for each Tester. The Tester shall not assign
or otherwise transfer any rights or obligations under this agreement.
- General Provisions
(a) Relationships: Nothing contained in this agreement shall be deemed
to constitute either party a partner, joint venturer or employee of the
other party for any purpose. All Beta testing is done in private on a
(b) Severability: If a court finds any provision of this agreement
invalid or unenforceable, the remainder of this agreement shall be
interpreted so as to best to affect the intent of both parties. (c)
Integration: This agreement expresses the complete understanding of the
parties with respect to the subject matter and supersedes all prior
(d) Waiver: The failure to exercise any right provided in this agreement
shall not be a waiver of prior or subsequent rights.
(e) Jurisdiction: The parties’ consent to the exclusive jurisdiction and
venue of the federal and state courts located in Steyr/Austria in any
action arising out of or relating to this agreement. The parties waive
any other venue to which either party might be entitled by domicile or
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