Beta Testing Agreement Terms & Conditions
THIS BETA SERVICE LICENSE AGREEMENT (THE "AGREEMENT") GOVERNS YOUR USE OF THE REACTBRICKS.COM BETA SERVICE AND THE REACT-BRICKS LIBRARY NPM PACKAGE (ALL TOGETHER "BETA SERVICE") PROVIDED BY F2 .NET ENGINEERING S.R.L. AND/OR ITS AFFILIATES ("F2.NET"). YOU WILL BE REQUIRED TO INDICATE YOUR AGREEMENT TO THIS LICENSE AGREEMENT IN ORDER TO ACCESS THE BETA SERVICE. BY CLICKING ON THE “REQUEST INVITE” BUTTON (OR OTHER BUTTON OR MECHANISM DESIGNED TO ACKNOWLEDGE AGREEMENT TO THE TERMS OF THIS AGREEMENT), OR BY ACCESSING THE BETA SERVICE OR INSTALLING ANY RELATED SOFTWARE LIBRARY, YOU ARE CONSENTING TO BE BOUND BY THIS AGREEMENT.
IF YOU AGREE TO THESE TERMS ON BEHALF OF A BUSINESS, YOU REPRESENT AND WARRANT THAT YOU HAVE THE POWER AND AUTHORITY TO BIND THAT BUSINESS TO THIS AGREEMENT, AND YOUR AGREEMENT TO THESE TERMS WILL BE TREATED AS THE AGREEMENT OF THE BUSINESS. IN THAT EVENT, "YOU" AND "YOUR" REFER HEREIN TO THAT BUSINESS.
IF YOU ARE UNWILLING TO AGREE TO THIS AGREEMENT, OR YOU DO NOT HAVE THE RIGHT, POWER AND AUTHORITY TO ACT ON BEHALF OF AND BIND YOUR BUSINESS, DO NOT CLICK ON THE BUTTON AND DO NOT ACCESS OR USE THE BETA SERVICE AND DO NOT INSTALL ANY RELATED SOFTWARE LIBRARY.
- Scope of Agreement. Under this Agreement you are granted the rights to use the Beta Service for the purpose of testing and providing input and other feedback to F2.NET regarding the Beta Service.
- Limited Use Rights. For the term of the Agreement, F2.NET grants you a limited, non-transferable, non-exclusive, revocable right to access and use the Beta Service to test its functionality and provide Feedback to F2.NET. F2.NET hosts and retains physical control over the Beta Service and only makes the Beta Service available for access and use by you over the Internet through a web browser. Connected to the use of the service you may use the react-bricks software library and the starter projects created to help you use the Beta Service. F2.NET reserves the right, in its sole discretion, to revoke access and use of the Beta Service at any time. Further, F2.NET reserves the right to monitor or measure the use of the Beta Service to validate certain features or functionality of the Beta Service and to provide services or support necessary to maintain the Beta Service.
- Use Restrictions. You may not rent, lease, distribute, or resell the Beta Service, or use the Beta Service as the basis for developing a competitive solution (or contract with a third party to do so), or remove or alter any of the logos, trademark, patent or copyright notices, confidentiality or proprietary legends or other notices or markings that are on or in the Beta Service.
- Feedback. You agree to provide suggestions, enhancement requests and recommendations (individually and collectively, “Feedback”) regarding the Beta Service. Feedback shall include informing F2.NET about the performance, ease of use, features that may be missing, and any bugs encountered during the use of the Beta Service. F2.NET may, without restriction or fee use, modify and incorporate this Feedback into the Beta Service and other F2.NET products and/or services without any restriction and without any payment.
- Intellectual Property. The parties acknowledge that this Agreement does not transfer any right, title or interest in any intellectual property right to the other. F2.NET maintains all rights, title and interest in and to all its patents, inventions, copyrights, trademarks, domain names, trade secrets, know-how and any other intellectual property and/or proprietary rights (collectively, “Intellectual Property Rights”). The limited rights granted to you to access and use the Beta Service under this Agreement do not convey any additional rights in the Beta Service, or in or to any Intellectual Property Rights associated therewith. Subject only to the limited rights to access and use the Beta Service as expressly provided herein, all rights, title and interest in and to the Beta Service and all hardware, software and other components of or used to provide the Beta Service, including all related Intellectual Property Rights, will remain with and belong exclusively to F2.NET.
- Legal use. You may not use the Beta Service for any illegal or unauthorized purpose. You must not, in the use of the Beta Service, violate any laws in your jurisdiction (including but not limited to copyright or trademark laws).
- Term of Agreement and Renewal. This Agreement shall commence upon the Beta Testing Start Date (the date of the e-mail sent to you with your access credentials) and shall expire on the Beta Testing End Date, which is March 31st, 2020.
- Termination and Expiration. Either party may terminate this Agreement at any time, for any or no reason, and at either party’s convenience by providing written notice to the other. Upon termination of this Agreement, You will notify your Users that their access to the Beta Service has terminated, and F2.NET may withhold, remove or discard any content, data, or other information that your Users posted or uploaded into F2.NET's system while using the Beta Service. Following termination or expiration of this Agreement, F2.NET is not obligated to store, maintain or provide a copy of any content, data or other information that you or your Users made available or provided when using the Beta Service. If not earlier terminated, your obligations under this Agreement shall terminate upon termination of this Agreement; provided that the foregoing shall not limit F2.NET's rights pursuant to Section 4 as related to any Feedback provided before or after such termination. Sections 4, 5, 10, 11 and 12, and all obligations thereunder, shall survive any termination of this Agreement.
- Users. You will not, and will not permit your Users to share Beta Service access rights with any other individual. You are responsible for maintaining the security of your account and password and those of your Users. You are responsible for all the Content posted and activity that occurs under your or your users's account. You will ensure that your Users comply with this Agreement. In the event a User violates the Agreement, F2.NET may suspend and / or terminate Customer’s access to the Beta Service.
- Confidential Information. Customer acknowledges and agrees that participation in the Beta testing under this Agreement will result in F2.NET disclosing certain confidential, proprietary and/or trade secret information related to the Beta Service and/or F2.NET (the “Confidential Information”). Such Confidential Information includes, without limitation, the features, functionality and existence of the Beta Service, and any know how, trade secrets, computer programs, source code, flowcharts, diagrams, manuals, schematics, development tools, specifications, design documents, marketing information made available to you. You agree that you will not, without the express prior written consent of F2.NET, disclose any Confidential Information or any part thereof to any third party, except to the extent that such Confidential Information is or becomes generally available to the public through any means other than as a result of any act or omission by you. At the termination of this Agreement or at any time by request of F2.NET, you will return all Confidential Information in your possession to F2.NET and further agrees that you will not duplicate, translate, modify, copy, print, disassemble, decompile or otherwise tamper with the Beta Service or any Confidential Information.
- Disclaimer of Warranties. THE BETA SERVICE IS PROVIDED “AS IS”. F2.NET MAKES NO REPRESENTATIONS OR WARRANTIES, EXPRESS OR IMPLIED, REGARDING THE BETA SERVICE, INCLUDING ANY REPRESENTATION THAT THE SERVICE THEREUNDER WILL BE UNINTERRUPTED OR ERROR-FREE. TO THE FULLEST EXTENT PERMITTED UNDER APPLICABLE LAW, F2.NET DISCLAIMS ANY IMPLIED OR STATUTORY WARRANTY, INCLUDING ANY IMPLIED WARRANTY OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE IN RESPECT OF THE BETA SERVICE. FOR THE AVOIDANCE OF DOUBT, ALL BETA SERVICES ARE EXPECTED TO CONTAIN DEFECTS WHICH MAY BE MATERIAL, AND ARE NOT EXPECTED TO OPERATE AT THE LEVEL OF PERFORMANCE OR COMPATIBILITY OF A FINAL, GENERALLY AVAILABLE PRODUCT OFFERING. BETA SERVICE MAY NOT OPERATE ACCURATELY AND MAY BE SUBSTANTIALLY MODIFIED PRIOR TO PUBLIC AVAILABILITY OR WITHDRAWN AT ANY TIME. ACCORDINGLY, ACCESS TO AND USE OF THE BETA SERVICE IS ENTIRELY AT CUSTOMER’S OWN RISK. IN NO EVENT SHALL F2.NET BE LIABLE FOR ANY DAMAGE WHATSOEVER ARISING OUT OF THE USE OF OR INABILITY TO USE THE BETA SERVICE, EVEN IF F2.NET HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. YOU ARE ADVISED TO SAFEGUARD IMPORTANT DATA, TO USE CAUTION AND NOT TO RELY IN ANY WAY ON THE CORRECT FUNCTIONING OR PERFORMANCE OF ANY BETA SERVICE.
- Indemnity. Customer agrees to indemnify and hold F2.NET, its officers, directors and employees harmless from any losses (including attorneys’ fees) that result from any third party claims related to Your (or your User's) access, use or misuse of the Beta Service, or any act or omission by You or your Users in violation of this Agreement.