✒️ Beta Tester Agreement
BETA NON-DISCLOSURE AGREEMENT
This is an agreement between InkBlot Art (the “Company”) and InkBlot users, (the “Tester”), in which Tester agrees to test a service known as InkBlot (the “Service”) and keep the Company aware of the test results. This agreement is effective immediately when the Tester uses InkBlot.
Company Obligations: The company shall provide Tester with a copy of the service and any necessary documentation and instruct Tester on how to use it and the desired test data to be gained and hereby grants Tester a nonexclusive, limited access to install the service on their device for the sole purpose of testing the performance of the service and advising the Company of the results of such tests. Upon satisfactory completion of the testing, the company shall furnish the Tester with one free copy of the production version of InkBlot and 3 Months free of Premium Account. Tester shall be entitled to the same benefits to which regular purchasers of the service will be entitled.
Tester’s Obligations:
Tester shall test the service under normally expected operating conditions in Testers’ environment during the test period. Tester shall gather and report test data mutually agreed upon with the Company. Tester shall allow the Company access to the service during normal working hours for inspection, modifications, and maintenance. All Testers confirm they are 16 years or older.
Tester acknowledges that the service is a proprietary to and a valuable trade secret of, the Company and is entrusted to Tester only for the purpose set forth in this Agreement.
Tester shall treat the service in the strictest confidence. Tester agrees that it will not, without the Company’s written consent:
Disclose any information about the service, its design and performance specifications, its code, and the existence of the beta test and its results to anyone other than the Company’s representatives and employees. Copy any portion of the service or documentation, except to the extent necessary to perform the beta testing; or Reverse engineer, decompile, or disassemble the service or any portion of it.
Security Precautions: Tester shall take reasonable security precautions to prevent the service from being seen by unauthorized individuals. This includes locking all copies of the service and associate documentation within password encrypted accounts and devices when not in use.
Term of Agreement: The test period shall last from entry until the beta has been completed. This Agreement shall terminate at the end of the test period or when the Company asks the Tester to return the service, whichever occurs first. The restrictions and obligations contained in Clauses 3, 6, 7,8 and 9 shall survive the expiration, termination, or cancellation of the Agreement, and shall continue to bind Tester, its successors, heirs and assigns.
Return of service and Materials & termination of account: Upon the conclusion of the testing period or at the Company’s request, Tester shall promptly (within 10 days) return the original and all copies of the service and all related materials to the Company and erase all portions thereof from device memory.
Company is required to notify the tester at least 10 days before termination of account by written or electronic communication.
Disclaimer of Warranty: Tester understands and acknowledges that the service is a test product and its accuracy and reliability are not guaranteed. Owing to its experimental nature, Tester is advised not to rely exclusively on service for any reason. Tester waives any and all claims it may have against the Company arising out of the performance or nonperformance of the service.
THE SOFTWARE IS PROVIDED AS IS, AND THE COMPANY DISCLAIMS ANY AND ALL REPRESENTATIONS OR WARRANTIES OF ANY KIND. WHETHER EXPRESS OR IMPLIED, WITH RESPECT TO IT, INCLUDING ANY IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE.
8.Limitation of Liability: The Company shall not be responsible for any loss or damage to Tester or any third parties caused by the service or by the Company’s performance of this Agreement.
THE COMPANY SHALL NOT BE LIABLE FOR ANY DIRECT INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGE, WHETHER BASED ON CONTRACT OR TORT OR ANY OTHER LEGAL THEORY, ARISING OUT OF ANY USE OF THE SOFTWARE OR ANY PERFORMANCE OF THIS AGREEMENT.
No Rights Granted: Tester understands and acknowledges that the service is provided for its own use for testing purposes only. This Agreement does not constitute a grant or intention or commitment to grant any right, title, or interest in the service or the Company’s trade secrets to Tester. Tester may not sell or transfer any portion of the service to any third Party or use the service in any manner to produce, market, or support its own or any third party’s products. Tester shall clearly identify the service as the Company’s property.
No Assignments: This Agreement is personal to Tester. Tester shall not assign or otherwise transfer any rights or obligations under this Agreement.
Entire Agreement: This Agreement contains the entire understanding and agreement of the parties relating to the subject matter hereof. Any representation, promise or condition not explicitly set forth in this Agreement shall not be binding on either party. All additions or modifications to this Agreement must be made in writing and must be signed by both parties to be effective.
Applicable Law: This Agreement is made under, and shall be construed according to the laws of the State of Arizona.
Revised as of April 11 2021
This is an agreement between InkBlot Art (the “Company”) and InkBlot users, (the “Tester”), in which Tester agrees to test a service known as InkBlot (the “Service”) and keep the Company aware of the test results. This agreement is effective immediately when the Tester uses InkBlot.
Company Obligations: The company shall provide Tester with a copy of the service and any necessary documentation and instruct Tester on how to use it and the desired test data to be gained and hereby grants Tester a nonexclusive, limited access to install the service on their device for the sole purpose of testing the performance of the service and advising the Company of the results of such tests. Upon satisfactory completion of the testing, the company shall furnish the Tester with one free copy of the production version of InkBlot and 3 Months free of Premium Account. Tester shall be entitled to the same benefits to which regular purchasers of the service will be entitled.
Tester’s Obligations:
Tester shall test the service under normally expected operating conditions in Testers’ environment during the test period. Tester shall gather and report test data mutually agreed upon with the Company. Tester shall allow the Company access to the service during normal working hours for inspection, modifications, and maintenance. All Testers confirm they are 16 years or older.
Tester acknowledges that the service is a proprietary to and a valuable trade secret of, the Company and is entrusted to Tester only for the purpose set forth in this Agreement.
Tester shall treat the service in the strictest confidence. Tester agrees that it will not, without the Company’s written consent:
Disclose any information about the service, its design and performance specifications, its code, and the existence of the beta test and its results to anyone other than the Company’s representatives and employees. Copy any portion of the service or documentation, except to the extent necessary to perform the beta testing; or Reverse engineer, decompile, or disassemble the service or any portion of it.
Security Precautions: Tester shall take reasonable security precautions to prevent the service from being seen by unauthorized individuals. This includes locking all copies of the service and associate documentation within password encrypted accounts and devices when not in use.
Term of Agreement: The test period shall last from entry until the beta has been completed. This Agreement shall terminate at the end of the test period or when the Company asks the Tester to return the service, whichever occurs first. The restrictions and obligations contained in Clauses 3, 6, 7,8 and 9 shall survive the expiration, termination, or cancellation of the Agreement, and shall continue to bind Tester, its successors, heirs and assigns.
Return of service and Materials & termination of account: Upon the conclusion of the testing period or at the Company’s request, Tester shall promptly (within 10 days) return the original and all copies of the service and all related materials to the Company and erase all portions thereof from device memory.
Company is required to notify the tester at least 10 days before termination of account by written or electronic communication.
Disclaimer of Warranty: Tester understands and acknowledges that the service is a test product and its accuracy and reliability are not guaranteed. Owing to its experimental nature, Tester is advised not to rely exclusively on service for any reason. Tester waives any and all claims it may have against the Company arising out of the performance or nonperformance of the service.
THE SOFTWARE IS PROVIDED AS IS, AND THE COMPANY DISCLAIMS ANY AND ALL REPRESENTATIONS OR WARRANTIES OF ANY KIND. WHETHER EXPRESS OR IMPLIED, WITH RESPECT TO IT, INCLUDING ANY IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE.
8.Limitation of Liability: The Company shall not be responsible for any loss or damage to Tester or any third parties caused by the service or by the Company’s performance of this Agreement.
THE COMPANY SHALL NOT BE LIABLE FOR ANY DIRECT INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGE, WHETHER BASED ON CONTRACT OR TORT OR ANY OTHER LEGAL THEORY, ARISING OUT OF ANY USE OF THE SOFTWARE OR ANY PERFORMANCE OF THIS AGREEMENT.
No Rights Granted: Tester understands and acknowledges that the service is provided for its own use for testing purposes only. This Agreement does not constitute a grant or intention or commitment to grant any right, title, or interest in the service or the Company’s trade secrets to Tester. Tester may not sell or transfer any portion of the service to any third Party or use the service in any manner to produce, market, or support its own or any third party’s products. Tester shall clearly identify the service as the Company’s property.
No Assignments: This Agreement is personal to Tester. Tester shall not assign or otherwise transfer any rights or obligations under this Agreement.
Entire Agreement: This Agreement contains the entire understanding and agreement of the parties relating to the subject matter hereof. Any representation, promise or condition not explicitly set forth in this Agreement shall not be binding on either party. All additions or modifications to this Agreement must be made in writing and must be signed by both parties to be effective.
Applicable Law: This Agreement is made under, and shall be construed according to the laws of the State of Arizona.
Revised as of April 11 2021
Updated on: 27/09/2023
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