Solastis Solutions Pte Ltd, licenses this Beta Software Program Product to Licensee subject to the terms contained in this Beta Testing License Agreement (this “Agreement”). Read the terms and conditions of this Agreement carefully before installing, Signing upor accessing the software.
The Beta Licensed Software is copyrighted to Solastis Solutions Pte Ltd, and it is made available to Licensee under this Agreement for testing purposes only, it is neither sold nor subscribed to Licensee and ideally should not be used in production environments. This Beta Licensed Software has not been released for sale, distribution or usage for the general public and will be referred to as “Beta Licensed Software” from here on.
By clicking the “I accept the terms” checkbox on the beta tester page, or by executing a written copy of this Agreement, or by installing, or by logging into the system or by otherwise using the Beta Licensed Software, Licensee is considered to have read and Licensee agrees to be bound by the terms of this Agreement. If Licensee is not willing to be bound by the terms of this Agreement, do access or use the Beta Licensed Software in any manner.
Solastis Solutions Pte Ltd, reserves the right to update this Agreement at any time without any prior notice to Licensee. The applicable and most current version of this Agreement is at Licensee’s disposal on http://www.solastis.com.
Licensee agrees and acknowledges that the terms and conditions in this Beta Testing License Agreement has no effect nor any influence or any connection with any other Solastis Solutions Pte Ltd, Software License Agreement which are applicable on Solastis Solutions Pte Ltd, Program Products purchased by Licensee.
Licensee agrees that, unless otherwise specifically provided herein or agreed by Solastis Solutions Pte Ltd, in writing, the Beta Licensed Software and, if any, the Documentation, provided to Licensee by Solastis Solutions Pte Ltd, constitute confidential proprietary information of Solastis Solutions Pte Ltd. Licensee shall permit only authorized users, to use the Beta Licensed Software or to view, if any, the Documentation. Licensee agrees not to transfer, copy, disclose, provide or otherwise make available such confidential information in any form to any third party without the prior written consent of Solastis Solutions Pte Ltd. Licensee agrees to implementreasonable security measures to protect such confidential information, but without limitation to the foregoing, shall use best efforts to maintain the security of the Beta Licensed Software provided to Licensee by Solastis Solutions Pte Ltd. Licensee will use its best efforts to cooperate with and assist Solastis Solutions Pte Ltd, in identifying and preventing any unauthorized use, copying, or disclosure of the Beta Licensed Software, if any, Documentation, or any portion thereof.
It is expressly understood, acknowledged and agreed that Licensee shall, regardless of whether or not formally requested to do, provide to Solastis Solutions Pte Ltd, reasonable suggestions, comments and feedback regarding the Beta Licensed Software, including but not limited to usability, bug reports and test results (collectively, “Feedback”). If Licensee provides such Feedback to Solastis Solutions Pte Ltd., Licensee shall grant Solastis Solutions Pte Ltd, the following worldwide, non-exclusive, perpetual, irrevocable, royalty free, fully paid up rights:
to make, use, copy, modify, sell, distribute, sub-license, and create derivative works of, the Feedback as part of any Solastis Solutions Pte Ltd, product, technology, service, specification or other documentation (individually and collectively, ” Solastis Solutions Pte Ltd” Products”);
to publicly perform or display, import, broadcast, transmit, distribute, license, offer to sell, and sell, rent, lease or lend copies of the Feedback (and derivative works thereof) as part of any Solastis Solutions Pte Ltd, Product;
solely with respect to Licensee’s copyright and trade secret rights, to sublicense to thirdparties the foregoing rights, including the right to sublicense to further third parties;
Further, Licensee warrants that its Feedback is not subject to any license terms that would purport to require Solastis Solutions Pte Ltd, to comply with any additional obligations with respect to any Solastis Solutions Pte Ltd, Products that incorporate any Feedback.
Should Licensee encounter any bugs, glitches, lack of functionality or other problems on the website, please let Solastis Solutions Pte Ltd, know immediately so it can be rectifiedaccordingly. Licensee can submit its requests and issues to email@example.com. Licensee’s help in this regard is greatly appreciated.
Grant of License
Subject to the terms and conditions of this Agreement, Solastis Solutions Pte Ltd, hereby grants to Licensee a non-exclusive, non-transferable license (without the right to sublicense) (i) to use the Beta Licensed Software in accordance with, if any, the Documentation solely for purposes of internal testing and evaluation.
Restrictions on Grant
Except as otherwise specifically permitted in this Agreement, Licensee may not:
modify or create any derivative works of any Beta Licensed Software or documentation, including – without limitation – translation or localization; (code written to published APIs (Application programming interfaces) for the Beta Licensed Software shall not be deemed derivative works);
copy the Beta Licensed Software
separate Beta Licensed Software, which is licensed as a single product, into its component parts;
reverse engineer, decompile, or disassemble or otherwise attempt to derive the source code for any Product of the Beta Licensed Software;
redistribute, encumber, sell, rent, lease, sublicense, use the Beta Licensed Software in a timesharing or service bureau arrangement, or otherwise transfer rights to any Software.
remove or alter any trademark, logo, copyright or other proprietary notices, legends,symbols or labels in the Solastis Solutions Pte LtdProduct(s); or
publish or make public any results of benchmark tests run, user experiences, software functionalities or any other Software testing results or reviews, to a third party without Solastis Solutions Pte Ltd, prior written consent.
Beta Licensed Software Product Support
Solastis Solutions Pte Ltd, is under no obligation i) to provide any technical support under the terms of this license, ii) to continue to develop, productize, support, repair, offer for sale or in any other way continue to provide or develop Beta Licensed Software either to Licensee or to any other party, and iii) provides no assurance that any specific errors or discrepancies in the Beta Licensed Software will be corrected.
Term of this Agreement
Licensee’s rights with respect to the Beta Licensed Software will terminate upon the earlier of
the initial commercial release by Solastis Solutions Pte Ltd, of a generally available version of theLicensed Software; or
6 months after the date on which Licensee signed up for the Beta Licensed Software or any update thereto.
Either party may terminate this Agreement at any time for any reason or no reason by providing the other party advance notice of 3 days. 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 Solastis Solutions Pte Ltd, the Beta Licensed Software, if any, the Documentation, and all other tangible items in Licensee’s possession or control that are proprietary to or contain Confidential Information.
Disclaimer of Warranties
The beta licensed software and, if any, documentation are licensed “as is”, andsolastis solutions pte ltddisclaims any and all other warranties of any kind, whether express or implied, including, without limitation, any implied warranties of merchantability,suitability, usability or fitness for a particular purpose, merchantable quality, titleor noninfringement of third party rights, to the extent authorized by law.
without limitation of the foregoing, solastis solutions pte ltdexpressly does not warrant that the beta licensed software will meet licensee’s requirements or that operation of the beta licensed software will be uninterrupted or error free. the beta licensed software is being provided to licensee “as is” without warranty of any kind. licensee assumes all responsibility for selecting the beta licensed software to achieve its intended results, and for the results obtained from its use of the beta licensed software. licensee shall bear the entire risk as to the quality and the performance of the beta licensed software.
Limit of Liability
In no event will solastis solutions pte ltd, be liable to licensee or any party for – without limitation – any loss of use; interruption of business; or any direct; indirect; special; incidental; exemplary or punitive or consequential damages of any kind (including lost profits) regardless of the form of action whether in contract; tort (including negligence); strict product liability or otherwise; whether arising out of the use or inability to use the beta licensed software (including but not limited to loss of data or data being rendered inaccurate or losses sustained by licensee or third parties or a failure of the beta licensed software to operate with any other programs), even if solastis solutions pte ltd, has been advised of the possibility of such damages.
This Agreement is a legal agreement and constitutes the complete and exclusive agreement between Licensee and Solastis Solutions Pte Ltd, with respect to the subject matter hereof, and supersedes all prior or contemporaneous oral or written communications, proposals, representations, understandings, or agreements not specifically incorporated herein. This Agreement may not be amended except in a writing duly signed by Licensee and an authorized representative of Solastis Solutions Pte Ltd.