8 JANURARY, 2018

BETA TESTING TERMS & CONDITIONS


The terms and conditions below applies to all those who sign up as beta testers of my Software Applications. If you are going to participate in the beta testing programme, please read the terms below carefully. If the meaning or intention of a clause in the contract is unclear, please get in touch with me for clarification. By participating in the programme you are accepting the terms below. These terms are not applicable to any final, non-beta versions of any mobile application or software product released by myself, Ashley Richards. THIS AGREEMENT is made by and between Ashley Richards (“I”, “me” or “myself”), and You (“you”, “Licensee” or the “User”).




GENERAL TERMS AND CONDITIONS


  1. ​Ashley Richards has developed a software application, including modifications, enhancements, improvements, updates, additions, derivative works, documentation and related material (“Software”).
  2. I require the Software to be tested prior to general release.
  3. Licensee wishes to serve as a Beta tester for such Software; NOW, THEREFORE, in consideration of the mutual covenants and premises herein contained, the parties hereto agree as follows:
  4. I reserve the right to modify or terminate the Software or your access to the Software or the participation in the beta testers programme for any reason, without notice, at any time, and without liability to you.
  5. I grant to the Licensee a non-exclusive, non-transferable license to use the Software on a single computer at Licensee’s business location solely for Beta testing and Beta use from effective date of agreement to 45 days after official release date of the products(s), subject to the term and conditions below.
  6. In consideration for receiving a copy of the Software for testing, Licensee agrees to serve as a “Beta Tester” for the Software and will notify me of all problems and ideas for enhancements which come to Licensee’s attention during the period of this Agreement, and hereby assigns me all right, title and interest to such enhancements and all property rights therein including without limitation all patent, copyright, trade secret, mask work, trademark, moral right or other intellectual property rights.
  7. Licensee agrees that Software is the sole property of Ashley Richards and includes valuable trade secrets. Licensee agrees to treat Software as confidential and will not without the express written authorization to:
    • Demonstrate, copy, sell or market Software to any third party; or
    • Publish or otherwise disclose information relating to performance or quality of the Software to any third party; or
    • Modify, reuse, disassemble, decompile, reverse engineer or otherwise translate Software or any portion thereof.
  8. Software is prerelease code and is not at the level of performance or compatibility of a final, generally available product offering. Software may not operate correctly and may be substantially modified prior to first commercial shipment, or withdrawn. Software is provided “AS IS” without warranty of any kind. The entire risk arising out of the use or performance of Software remains with Licensee. In no event shall I be liable for any damage whatsoever arising out of the use of or inability to use Software, even if I have been advised of the possibility of such damages.
  9. The Licensee upon completion of the Beta test agrees to provide material, statistics, or information that is not deemed confidential to Licensee for use in press releases and customer testimonials. Licensee will provide a quote to me that may be used in a press release.
  10. This Agreement constitutes the entire and only agreement between the parties for 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 authorised representatives of the parties.
  11. Licensee shall comply with all applicable federal, state and local laws, regulations, and ordinances in connection with its activities pursuant to this Agreement.
  12. 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.
  13. The information you send will be deemed confidential, except as specified in clause 5. I will make reasonable efforts to keep such information private, and will not sell or disclose it to third parties, or when required to do so by law.
  14. I reserve the right to update these terms and conditions without prior notice. You agree that I may notify you of the Updated Terms by posting them on this website, and that your use of the Software after the effective date of the Updated Terms constitutes your agreement to the Updated Terms. Therefore, you should review these Terms of Use and any Updated Terms before using the Software. The Updated Terms will be effective as of the time of posting, or such later date as may be specified in the Updated Terms, and will apply to your use of the Software from that point forward. These Terms of Use will govern any disputes arising before the effective date of the Updated Terms.




FEEDBACK & CONTACT


To send feedback about each build, please tap 'Send Beta Feedback' within the TestFlight app. Any other issues please contact socialdummy@arsupport.userecho.com.





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