BETA PARTICIPATION AGREEMENT
1) Scope of this Agreement
The Software-Product accompanying this Agreement as a pre-release copy and all affiliated materials, including documentation and information (collectively the “Product”), is copyrighted. Scope of this agreement is the licensing (not selling) of the “Product” to You, as the ‘user’ (either an individual or an entity). Snuggly Apps reserves all rights not expressly granted.
2) Eligibility and Enrollment
Please read and agree to the following terms and conditions, if you wish to be eligible to participate in the Beta Testing.
BY DOWNLOADING, YOU ACKNOWLEDGE THAT: (1) YOU ARE 13 YEARS OF AGE OR OLDER, AND IF YOU ARE BETWEEN AGE 13 and 18, YOU HAVE OBTAINED CONSENT FROM YOUR PARENT OR GUARDIAN; AND (2) YOU HAVE READ, UNDERSTOOD, AND ACCEPTED THE TERMS AND CONDITIONS OF THIS AGREEMENT.”
3) Ownership and Copyright of Software Title to the Software and all copies thereof remain with Snuggly Apps. The Software is copyrighted and is protected by United States copyright laws and international treaty provisions. Licensee will not remove copyright notices from the Software. Licensee agrees to prevent any unauthorized copying of the Software. Except as expressly provided herein, Snuggly Apps does not grant any express or implied right to you under Snuggly Apps' patents, copyrights, trademarks, or trade secret information
4) Limited License. You are entitled to access, download or install, and operate the Game solely for the purposes of performing your obligations under this Agreement. You may not sell, license, or transfer the Game, or reproductions of the Game to other parties In any way. You may download or Install, and operate the Game on Android and/or iOS devices linked to the email address provided on sign-up.
5) Limitation on Liability Provision of any Software under this Agreement is experimental and shall not create any obligation for Snuggly Apps to continue to develop, productize, support, repair, offer for sale or in any other way continue to provide or develop Software either to Licensee or to any other party. THE SOFTWARE IS PROVIDED “AS IS” WITHOUT ANY EXPRESS OR IMPLIED WARRANTY OF ANY KIND INCLUDING WARRANTIES OF MERCHANTABILITY OR FITNESS FOR ANY PARTICULAR PURPOSE. IN NO EVENT SHALL Snuggly Apps OR ITS SUPPLIERS BE LIABLE FOR ANY DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF PROFITS, BUSINESS INTERRUPTION, LOSS OF INFORMATION) ARISING OUT OF THE USE OF OR INABILITY TO USE THE SOFTWARE, EVEN IF Snuggly Apps HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
6) TERM AND TERMINATION
Unless otherwise terminated as specified under this Agreement. Licensee’s rights with respect to the Beta Software will terminate upon the earlier of (a) the initial commercial release by Snuggly Apps of a generally available version of the Beta Software or (b) automatic expiration of the Beta Software based on the system date. Either party may terminate this Agreement at any time for any reason or no reason by providing the other party advance written notice thereof. Snuggly Apps shall immediately terminate this Agreement and any Licensee rights with respect to the Beta Software without notice in the event of improper disclosure of Snuggly Apps Beta Software as specified under Section 8 (Confidentiality) below. Upon any expiration or termination of this Agreement, the rights and licenses granted to Licensee under this Agreement shall immediately terminate, and Licensee shall immediately cease using, and will return to Snuggly Apps (or, at Snuggly Apps' request, destroy), the Beta Software, Documentation, and all other tangible items in Licensee’s possession or control that are proprietary to or contain Confidential Information. The rights and obligations of the parties set forth in Sections 2, 3, 4, 5, 6, 7, 8 9 and 10 shall survive termination or expiration of this Agreement for any reason.
7) BETA TESTERS DUTIES
Beta Tester agrees to report any flaws, errors or imperfections discovered in any software or other materials where Beta Tester has been granted access to the Beta Test. Beta Tester understands that prompt and accurate reporting is the purpose of the Beta Tests and undertakes to use best efforts to provide frequent reports on all aspects of the product both positive and negative and acknowledges that any improvements, modifications and changes arising from or in connection with the Beta Testers contribution to the Project, remain or become the exclusive property of the Disclosing Party
The Tester will not disclose Software or any comments regarding Software to any third party without the prior written approval of Snuggly Apps. The Tester will maintain the confidentiality of Software with at least the same degree of care that you use to protect your own confidential and proprietary information, but not less than a reasonable degree of care under the circumstances. The Tester will not be liable for the disclosure of any confidential information which is:
(a.) in the public domain other than by a breach of this Agreement on Tester’s part; or (b.) rightfully received from a third party without any obligation of confidentiality; or (c.) rightfully known to Tester without any limitation on use or disclosure prior to its receipt from Snuggly Apps; or (d.) generally made available to third parties by Snuggly Apps without restriction on disclosure.
9) No Support and Maintenance; Future Products.
During your participation in the Beta Program or in a particular seed. Snuggly Apps is not obligated to provide you with any maintenance, technical or other support for the Pre-Release Software. If. at Snuggly Apps' option, such support is provided. it will be provided in addition to your normal warranty coverage for your computer and/or device. You agree to abide by any support rules and policies that Snuggly Apps provides to you in order to receive such support. You acknowledge that Snuggly Apps has no express or implied obligation to announce or make available a commercial version of the Pre-Release Software to anyone in the future. Should a commercial version be made available, it may have features or functionality that are different from those found in the Pre-Release Software licensed hereunder.
11) Fees and Costs
There are no license fees for Licensee’s use of the Beta Product under this Agreement.
Licensee is responsible for all costs and expenses associated with the use of the Beta Product and the performance of all testing and evaluation activities.
This is the entire agreement between the parties relating to the subject matter hereof and all other terms are rejected. No waiver or modification of this Agreement shall be valid unless in writing signed by each party. The waiver of a breach of any term hereof shall in no way be construed as a waiver of any term or other breach hereof. If any provision of this Agreement is held by a court of competent jurisdiction to be contrary to law the remaining provisions of this Agreement shall remain in full force and effect.
13) No Assignment.
This Agreement is personal to Tester. Tester shall not assign or otherwise transfer any rights or obligations under this Agreement.
14) If any provision of this Agreement shall be found by a court to be void, invalid or unenforceable, the same shall be reformed to comply with applicable law or stricken if not so conformable, so as not to affect the validity or enforceability of this Agreement.
15) CHOICE OF LAW AND DISPUTES
For other than the U.S. Government as a party, this Agreement shall be governed by and construed in accordance with the laws of the State of California. as If performed wholly within the state and without giving effect to the principles of conflict of law rules of any jurisdiction or the United Nations Convention on Contracts for the International Sale of Goods, the application of which is expressly excluded. Any legal action or proceeding arising under this Agreement will be brought exclusively in the federal or state courts located in San Diego. California and the parties hereby consent to personal Jurisdiction and venue therein.