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- Please read the Beta Testing Terms & Conditions GibRacer V3.0i below. BY DOWNLOADING GibRacer SOFTWARE YOU AGREE TO BE BOUND BY THE TERMS AND CONDITIONS OF THIS AGREEMENT.
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Beta Testing Terms & Conditions GibRacer V3.0i
By downloading installing, copying or 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 not install, copy or use the Beta Licensed Software.
THE BETA SOFTWARE LICENSED HEREUNDER IS STILL IN TESTING PHASE AND IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS AND IS BELIEVED TO CONTAIN DEFECTS AND A PRIMARY PURPOSE OF THIS BETA TESTING LICENSE 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 LICENSED SOFTWARE AND/OR ACCOMPANYING MATERIALS.
It is expressly understood, acknowledged and agreed that Licensee shall, regardless of whether or not formally requested to do, provide to GibRacer 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 GibRacer , Licensee shall grant GibRacer 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 GibRacer product, technology, service, specification or other documentation (individually and collectively, " GibRacer 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 GibRacer Product;
- solely with respect to Licensee's copyright and trade secret rights, to sub-license to third parties the foregoing rights, including the right to sub-license to further third parties; and
- to sub-license to third parties any claims of any patents owned or licenseable by Licensee that are necessarily infringed by a third party product, technology or service that uses, interfaces, inter-operates or communicates with the feedback or portion thereof incorporated into an GibRacer Product, technology or service.
Further, Licensee warrants that its Feedback is not subject to any license terms that would purport to require GibRacer to comply with any additional obligations with respect to any GibRacer Products that incorporate any Feedback.
Grant of License
Subject to the terms and conditions of this Agreement, GibRacer hereby grants to Licensee a non-exclusive, non-transferable license (without the right to sub-license);
- to use the Beta Licensed Software in accordance with, if any, the Documentation solely for purposes of internal testing and evaluation, and
- to copy Beta Licensed Software for archival or backup purposes, provided that all titles and trademarks, copyright, and restricted rights notices are reproduced on such copies and provided that only one copy of the Beta Licensed Software may be used at a time.
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 except as provided in this Agreement or elsewhere by GibRacer ;
- 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 (except to the extent applicable laws specifically prohibit such restriction);
- redistribute, encumber, sell, rent, lease, sub-license, use the Beta Licensed Software in a time-sharing or service bureau arrangement, or otherwise transfer rights to any Software. Licensee may NOT transfer the Beta Licensed Software under any circumstances;
- remove or alter any trademark, logo, copyright or other proprietary notices, legends, symbols or labels in the GibRacer Product(s); or
- publish or make public any results of benchmark tests run on any Software to a third party without GibRacer prior written consent.
Beta Licensed Software Product Support
GibRacer is under no obligation;
- to provide any technical support under the terms of this license,
- to continue to develop, produce, 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
- provides no assurance that any specific errors or discrepancies in the Beta Licensed Software will be corrected.
Ownership and Copyright of Beta Licensed Software
Title to the Beta Licensed Software and all copies thereof remain with GibRacer . The Beta Licensed Software is copyrighted to GibRacer . Licensee will not remove copyright notices from the Beta Licensed Software. Licensee agrees to prevent any unauthorized copying of the Beta Licensed Software. GibRacer does not grant any express or implied right to Licensee under GibRacer patents, copyrights, trademarks, or trade secret information.
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 GibRacer of a generally available version of the Licensed Software; or
- 3 months after the last date Licensee receives the Beta Licensed Software or any update thereto.
Disclaimer of Warranties
THE BETA LICENSED SOFTWARE AND, IF ANY, DOCUMENTATION ARE LICENSED “AS IS”, AND GibRacer DISCLAIMS 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, TITLE OR NON-INFRINGEMENT OF THIRD PARTY RIGHTS, TO THE EXTENT AUTHORIZED BY LAW.
WITHOUT LIMITATION OF THE FOREGOING, GibRacer EXPRESSLY 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.
ANY DOWNLOAD AND USE OF THIS BETA LICENSED SOFTWARE PROGRAM PRODUCT IS DONE AT THE LICENSEE’S OWN RISK AND THE LICENSEE WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO – WITHOUT LIMITATION – ANY COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM SUCH ACTIVITIES. SHOULD IT PROVE DEFECTIVE, LICENSEE ASSUMES THE COST OF ALL NECESSARY SERVICING, REPAIR AND/OR CORRECTION. IT IS THEREFORE UP TO THE LICENSEE TO TAKE ADEQUATE PRECAUTION AGAINST POSSIBLE DAMAGES RESULTING FROM THIS BETA LICENSED SOFTWARE. SOFTWARE IN BETA TESTING SHOULD FOR EXAMPLE NOT BE USED ON SENSITIVE AND/OR VALUABLE DATA AND SHOULD NOT BE USED IN PRODUCTION SYSTEMS.
Limit of Liability
IN NO EVENT WILL GibRacer 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 GibRacer HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
Governing Law and Choice of Forum
This Agreement shall be governed by and interpreted in accordance with the laws of Gibraltar. Any claim or dispute arising in connection with this Agreement shall be resolved in the competent courts of Gibraltar.
This Agreement is a legal agreement and constitutes the complete and exclusive agreement between Licensee and GibRacer 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 GibRacer .