Disclaimer

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.

  1. 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.
  2. 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.
  3. 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 not:
    (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 of it.
  4. 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.
  5. 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.
  6. 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.
  7. 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 software.
    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 PARTICULAR PURPOSE.
  8. 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 AGREEMENT.
  9. 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.
  10. No Assignments
    This agreement is personal for each Tester. The Tester shall not assign or otherwise transfer any rights or obligations under this agreement.
  11. 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 volunteer basis.
    (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 agreements.
    (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 otherwise.

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Source: Mustervorlage.net