BETA TESTING PROGRAM
Important: Please read this Beta Testing Program Agreement (“Agreement”) carefully as it sets out the terms and conditions you must agree to in order to participate as a Beta test site.
GENERAL TERMS AND CONDITIONS
A. Motion Systems frequently develops pre-release Beta versions of software functionality, not immediately available for public release, including modifications, enhancements, improvements, updates, additions, derivative works, documentation and related material (“Beta Software”).
B. Motion Systems desires that the Beta Software be tested prior to a generally available commercial release.
C. Licensee wishes to serve as a Beta test site for such Beta Software and acknowledges the Beta Disclaimer.
THE BETA SOFTWARE ACCESSED HEREUNDER IS BELIEVED TO CONTAIN DEFECTS AND A PRIMARY PURPOSE OF THIS BETA TESTING PROGRAM AGREEMENT IS TO OBTAIN FEEDBACK ON SOFTWARE PERFORMANCE AND THE IDENTIFICATION OF DEFECTS. BETA TESTER 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 SOFTWARE AND/OR ACCOMPANYING MATERIALS.
In consideration of the mutual covenants and premises herein contained, the parties hereto agree as follows:
- ACCESS TO BETA SOFTWARE
Motion Systems grants to Beta Tester a non-exclusive, non-transferable, revocable access to use the Beta Software solely for Beta testing and use from the acceptance date of this Agreement until the official release date of the generally available commercial version of the Beta Software, subject to the term and conditions below. Motion Systems may vary the duration of the test period at any time and for any reason.
Beta Tester agrees to give Motion Systems feedback, comments or enhancement suggestions on the Beta Software (the “Feedback”) and hereby assigns to Motion Systems all rights, title and interest to such ideas for enhancements, including any product enhancements developed as a result of such ideas. Beta Tester agrees that Motion Systems may use the Feedback for any purpose.
- CONFIDENTIAL INFORMATION
Beta Tester agrees that the Beta Software is the sole and exclusive property of Motion Systems and includes valuable trade secrets and other intellectual property of Motion Systems. Beta Tester agrees to treat the Beta Software and any documentation or other materials provided with the Beta Software as confidential, and will not without the prior express written authorization of Motion Systems:
– Demonstrate, copy, sell, market or grant access to the Beta Software to any third party; or
– Publish or otherwise disclose information relating to performance or quality of the Beta Software to any third party or share any documentation or other materials relating to the Beta Software with any third party; or
– Modify, reuse, disassemble, decompile, reverse engineer or otherwise translate the Beta Software or any portion thereof.
- NO WARRANTY
The Beta Software is prerelease code and is not at the level of performance or compatibility of a final, generally available product offering.
The Beta Software may not operate correctly and may be substantially modified prior to first commercial shipment, never released commercially, or withdrawn after commercial release. The Beta Software is provided “AS IS” without warranty of any kind, including without limitation, any warranty as to performance, non-infringement of third party rights, merchantability, or fitness for a particular purpose. The entire risk arising out of the use or performance of the Beta Software remains with Beta Tester. In no event shall Motion Systems be liable for any damage whatsoever arising out of the use of or inability to use the Beta Software, including without limitation, any direct, indirect, consequential, exemplary, special, incidental or punitive damages, or damages for lost data or lost profits, even if Motion Systems has been advised of the possibility of such damages.
Upon completion of the Beta testing period, Motion Systems may request Beta Tester to provide material, statistics, or information that is not deemed confidential to Beta Tester business for use in press releases, customer testimonials, and as a reference in marketing and sales initiatives by Motion Systems.
- MOTION SYSTEMS RESPONSIBILITY
Motion Systems do not take responsibility for any damages in Beta Tester equipment (motion system, gaming/simulation platform, accessories, software etc). Beta Tester is responsible to taking all necessary actions to secure the equipment and software used for Beta Testing.
- PRODUCT SUPPORT
Beta Tester acknowledges that Motion Systems is under no obligation to provide:
– technical support under the terms of this Agreement,
– to continue to develop, productize, support, repair, offer for sale or in any other way continue to provide or develop Beta Software either to Licensee or to any other party, and
– provides no assurance that any specific errors or discrepancies in the Beta Software will be corrected.
Either party may terminate this Agreement at any time with or without reason by providing advance written notice. Upon any expiration or termination of this Agreement, the rights and accesses granted under this Agreement shall immediately terminate. Licensee participation privileges may be terminated immediately without written notice upon failure to comply with any of the terms and conditions of this Agreement.
- GOVERNING LAW
This Agreement shall be governed, construed and enforced in accordance with the laws of Poland and the Polish Civil Code in particular.