THIS PAGE (TOGETHER WITH THE DOCUMENTS REFERRED TO ON IT) CONTAINS THE TERMS AND CONDITIONS OF USE OF “AQUIFER BETA SOFTWARE” AQUIFER PREVIEW IS A PAID BETA AND WILL BE REFERRED TO IN THIS DOCUMENT AS “AQUIFER BETA SOFTWARE.” TERMS MUST BE ACCEPTED BEFORE INSTALLATION OF ANY “AQUIFER BETA SOFTWARE”. PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY BEFORE INSTALLING OR USING ANY SOFTWARE FROM THIS AQUIFER INVENTIONS INC. YOU SHOULD UNDERSTAND THAT BY INSTALLING ANY SOFTWARE FROM AQUIFER INVENTIONS, INC., YOU AGREE TO BE BOUND BY THESE TERMS AND CONDITIONS. THESE TERMS AND CONDITIONS CONSTITUTE A LEGAL AND ENFORCEABLE CONTRACT BETWEEN YOU AND AQUIFER INVENTIONS, INC (“AQUIFER MOTION“). IF YOU DO NOT AGREE TO THESE TERMS AND CONDITIONS, ABANDON THE REGISTRATION PROCESS AND DO NOT INSTALL OR USE “AQUIFER BETA SOFTWARE”.
1. BETA USER CONDITIONS
1.1 Your use of the AQUIFER Beta Software is governed by these terms and conditions (“Beta User Conditions”) which you should read carefully before installing AQUIFER Beta Software. These Beta User Conditions represent a binding contract between AQUIFER Motion and you. If you do not agree with these Beta User Conditions, please do not install or use AQUIFER Beta Software.
1.2 AQUIFER Motion may update or amend these Beta User Conditions at any time. AQUIFER Motion will communicate such changes to you via the Beta Portal.
1.3 These Beta User Conditions apply to you regardless of how you have accessed the AQUIFER Beta Software and regardless of the territory in which you live or conduct business.
2. AQUIFER BETA SOFTWARE; LIMITED WARRANTY AND LIABILITY
2.1 Although utilizable by experienced users, AQUIFER Beta Software is still being developed, tested and evaluated. AQUIFER Beta Software has not been released for sale, distribution or any use by the general public.
2.2 AQUIFER BETA SOFTWARE IS PROVIDED TO YOU "AS IS" WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, ANY WARRANTY OF MERCHANTABILITY, NON-INFRINGEMENT OR FITNESS FOR A PARTICULAR PURPOSE. USE OF AQUIFER BETA SOFTWARE IS ENTIRELY AT YOUR OWN RISK AND MAY VOID WARRANTY ON YOUR PRODUCT. SHOULD AQUIFER BETA SOFTWARE PROVE DEFECTIVE, YOU ASSUME THE COST OF ALL NECESSARY MAINTENANCE, SERVICING OR REPAIR. IT IS THEREFORE YOUR RESPONSIBILITY TO TAKE ADEQUATE PRECAUTION AGAINST POSSIBLE DAMAGES RESULTING FROM THE USE OF AQUIFER BETA SOFTWARE. AQUIFER BETA SOFTWARE SHOULD UNDER NO CIRCUMSTANCES BE USED ON SENSITIVE AND/OR VALUABLE DATA. IF YOU ARE IN ANY DOUBT, PLEASE DO NOT INSTALL AND/OR USE AQUIFER BETA SOFTWARE.
2.3 TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, AQUIFER MOTION WILL NOT BE LIABLE TO YOU FOR ANY DAMAGES ARISING OUT OF THE USE OR INABILITY TO USE AQUIFER BETA SOFTWARE (INCLUDING BUT NOT LIMITED TO LOSS OF DATA OR DATA BEING RENDERED INACCURATE OR LOSSES SUSTAINED BY YOU OR THIRD PARTIES OR A FAILURE OF AQUIFER BETA SOFTWARE TO OPERATE WITH ANY OTHER PROGRAMS). IN NO EVENT SHALL AQUIFER MOTION’ LIABILITY EXCEED THE PRICE YOU PAID FOR AQUIFER BETA SOFTWARE, IF APPLICABLE.
2.4 WE EXPRESSLY REPRESENT THAT AQUIFER BETA SOFTWARE IS NOT A FINAL PRODUCT AND, AS SUCH, MAY CONTAIN VARIOUS ERRORS, DEFECTS AND IT MAY BE UNSTABLE. WE DO NOT RECOMMEND INSTALLING AQUIFER BETA SOFTWARE DURING FULL OR EVERYDAY OPERATION. FURTHERMORE, WE DO NOT RECOMMEND TO INSTALL AQUIFER BETA SOFTWARE UNLESS YOU ARE AN EXPERIENCED USER.
3. NO TECHNICAL SUPPORT
AQUIFER Motion will not provide any technical support, maintenance or any other services for any AQUIFER Beta Software.
4. NO UPDATES
5. COPYRIGHT LICENCE
You will give AQUIFER Motion feedback about AQUIFER Beta Software consisting of, without limitation, your suggestions, comments or any other feedback, whether it is required or provided on a voluntary basis (“Feedback”). If you provide AQUIFER Motion with any Feedback, as part of the testing and evaluation of AQUIFER Beta Software, you agree that: (a) AQUIFER Motion may freely use, disclose, reproduce, license, distribute and otherwise commercialize the Feedback in any AQUIFER Motion product, specification or other documentation; and (b) you will not give AQUIFER Motion any Feedback (i) that you have reason to believe is subject to any patent, copyright, or other intellectual property claim or right of any third party; or (ii) that is subject to license terms that seek to require any AQUIFER Motion product incorporating or derived from any Feedback, or other AQUIFER Motion intellectual property, to be licensed to or otherwise shared with any third party.
8.1 AQUIFER Beta Software, any information relating to beta testing progress and results, the Feedback, any product-related information and any other proprietary technology or know-how provided to you in whatever form by AQUIFER Motion through the Beta Portal or in connection with testing and evaluation of AQUIFER Beta Software is confidential (“Confidential Information”).
8.2 You will keep, and ensure that any and all persons, firms, companies or organizations associated with you keep, all Confidential Information confidential and not disclose it to any person, unless permitted under this clause. This confidentiality obligation does not apply to the disclosure of Confidential Information which: (a) is or comes into public domain, except through breach of the confidentiality obligation under this clause; (b) comes lawfully into your possession from a third party who is not bound by a confidentiality obligation relating to such Confidential Information; (c) is required to be disclosed by any court of competent jurisdiction or any competent judicial, governmental, supervisory or regulatory body, or any law, provided that you will promptly notify AQUIFER Motion in writing, or (d) is disclosed by you with AQUIFER Motion’ prior written consent.
8.3 UNDER NO CIRCUMSTANCES MAY ANY INFORMATION ABOUT THE TESTING PROGRESS AND/OR RESULTS BE PROVIDED TO PERSONS THAT ARE NOT INVOLVED IN THE BETA TESTING PROCESS. ANY PUBLICATION OF BETA VERSIONS TESTING RESULTS, REVIEWS OR EVALUATIONS IS ONLY PERMITTED WITH THE PRIOR WRITTEN CONSENT OF AQUIFER MOTION.
The governing language of these Beta User Conditions is English. Although AQUIFER Motion may provide one or more translations for your convenience, the English version shall prevail in the event of any conflict or discrepancy between the English and any other language version of these Beta User Conditions.
10. GOVERNING LAW
These Beta User Conditions will be governed by the laws of the State of Delaware.
11. DISPUTE RESOLUTION
All disputes arising out of or in connection with these Beta User Conditions shall be finally decided by state or federal courts sitting in the State of Delaware.
12. ENTIRE AGREEMENT
These Beta User Conditions (together with the documents to which they refer) contain the whole agreement between you and AQUIFER Motion relating to the use of The AQUIFER Beta Software and supersede all previous agreements between you and AQUIFER Motion relating to it. You acknowledge that in agreeing to these Beta User Conditions you have not relied on any representation, warranty or other assurance except those set out on the Beta Portal.