Effective date: February 13, 2020 - Last Updated February 14, 2020
This beta disclaimer is an addendum for our Terms & Conditions for those Licensees which use beta versions of our software.
All beta software offered by Meetical is believed to contain defects and a primary purpose of this beta testing agreement is to obtain feedback on software performance and the identification of defects. Licensee 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 agree as follows:
LICENSE GRANT. Meetical grants to Licensee a non-exclusive, non-transferable, revocable license 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. Meetical may vary the duration of the test period at any time and for any reason.
FEEDBACK. In consideration for receiving access to the Beta Software for testing, Licensee agrees to serve as a “Beta test site” for the Beta Software and will gather and report test data to Meetical in the manner and within the time period of this Agreement. Licensee agrees to give Meetical feedback, comments or enhancement suggestions on the Beta Software (the “Feedback”) and hereby assigns to Meetical all rights, title and interest to such ideas for enhancements, including any product enhancements developed as a result of such ideas. Licensee agrees that Meetical may use the Feedback for any purpose.
PRIVACY AND OBLIGATION TO MAINTAIN SECRECY FOR DATA YOU PROVIDE. Meetical honors your privacy and it is our duty to keep information confidential you provide. This includes your account data and any information on systems you connect. More specifically, this includes data on your Atlassian Confluence and Calendar, as well as any additional systems or data you grant us temporary access to. Under no circumstances Meetical will disclose any data you provide to 3rd parties, with exception to services like Analytics and Logging, we deem trustworthy and consider necessary to provide an excellent service to you. Meetical will not permanently store any data beyond the scope of providing our services to you.
CONFIDENTIAL INFORMATION. Licensee agrees that the Beta Software is the sole and exclusive property of Meetical and includes valuable trade secrets and other intellectual property of Meetical. Licensee 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 Meetical:
a) Demonstrate, copy, sell, market or grant access to the Beta Software to any third party; or
b) 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
c) 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 Licensee. In no event shall Meetical 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 Meetical has been advised of the possibility of such damages.
REFERENCE. Upon completion of the Beta testing period, Meetical may request Licensee to provide material, statistics, or information that is not deemed confidential to Licensee’s business for use in press releases, customer testimonials, and as a reference in marketing and sales initiatives by Meetical.
PRODUCT SUPPORT. Licensee acknowledges that Meetical is under no obligation to provide (a) technical support under the terms of this Agreement, (b) 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 (c) provides no assurance that any specific errors or discrepancies in the Beta Software will be corrected.
EXPIRATION. Licensee’s rights with respect to the Beta Software will expire upon the generally available commercial release of the Beta Software. 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 licenses 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 or failure to provide reasonable feedback in a timely manner.
ENTIRE AGREEMENT; MODIFICATION. This Agreement constitutes the entire and only agreement between the parties for Beta Software and all other prior negotiations, representations, agreements, and understandings are superseded hereby. No agreements altering or supplementing the terms hereof may be made except by means of a written document signed by the duly authorized representatives of the parties.
GOVERNING LAW. This Agreement shall be governed, construed and enforced in accordance with the laws of Zurich, Switzerland.
If you have any questions about these Terms, please contact us at email@example.com.
Thank You for beeing part of Meetical.