Beta Test Terms and Conditions
Grant of License. Subject to these terms, igloocompany hereby grants you a personal, non-exclusive, non-transferable and revocable license to use the Beta Product. Your license will be valid only during the time that you are an active participant in any igloocompany Beta Test solely for the purposes of testing and evaluating the Beta Product to assist igloocompany in the completion of its development, and not for any commercial purpose or use (“Beta Test Period”). You agree not to reverse engineer, disassemble or decompile any prototypes, software or other tangible objects which are provided to you hereunder.
Acknowledgment of Beta Product. You acknowledge and agree that: (a) the Beta Product is not an official product and has not been commercially released for sale by igloocompany; (b) the Beta Product may not operate properly, be in final form or fully functional; (c) the Beta Product may contain errors, design flaws or other problems; (d) it may not be possible to make the Beta Product fully functional; (e) the information obtained using the Beta Product may not be accurate and may not accurately correspond to information extracted from any database or other source; (f) use of the Beta Product may result in unexpected results, unpredictable damage or loss; (g) igloocompany is under no obligation to release a commercial version of the Beta Product; and (h) igloocompany has the right unilaterally to abandon development of the Beta Product, at any time and without any obligation or liability to you. You are solely responsible for maintaining and protecting all data and information that is retrieved, extracted, transformed, loaded, stored or otherwise processed by the Beta Product and/or Software.
Confidentiality. You agree to keep confidential and not disclose or discuss to any third party: a) the Beta Product, b) igloocompany Materials, c) igloocompany development or marketing plans that you learnt about as part of your participation as tester, d) your participation in the Beta program, and e) verbal or written communications from igloocompany’s employees, agents, contractors or other representatives regarding igloocompany Materials and the Beta Product. The confidentiality requirements continue until all of the above become publicly known.
Proprietary Rights. You acknowledge and agree that igloocompany and/or its suppliers own all right, title and interest in and to the igloocompany Materials and in any and all intellectual property rights therein, including but not limited to any and all copyrights, patents, patent applications, trade secrets, trademarks and other intangible rights therein. You will not copy (except as strictly necessary to use the Beta Product or Software in accordance with the terms of section 1 hereof), distribute, sell, sublicense or otherwise transfer or make available the Beta Product or Software or any portion thereof to any third party; remove from view any copyright legend, trademark or confidentiality notice appearing on the igloocompany Materials; modify, adapt, translate, reverse engineer, decompile or derive the source code for igloocompany Software, or authorize a third party to do any of the foregoing. To the extent that igloocompany provides you with igloocompany Materials, you agree that all igloocompany Materials are and remain the sole and exclusive property of igloocompany. You further agree, upon request of igloocompany, to return any igloocompany Materials at the end of the Beta Test at igloocompany’s expense. You agree to promptly disclose and hereby assign to igloocompany any suggestions for change and/or improvement to the Beta Product and any related rights thereto and to assist igloocompany, as reasonably requested by igloocompany and at igloocompany' expense, in obtaining intellectual property protection relating to such suggestions as igloocompany may reasonably direct.
Feedback. You will provide prompt feedback to igloocompany regarding the operation or use of igloocompany Materials when it is requested. This may include filing online reports, participating in telephone interviews, maintaining a record of problems or errors, providing suggestions and ideas, and responding to written surveys or email homework that may be provided by igloocompany. If an issue requires examination of the igloocompany Materials provided by igloocompany you will ship the equipment to igloocompany within 48 hours of receiving the request, at igloocompany' sole expense. You acknowledge and agree that igloocompany may use, disclose, reproduce, license, distribute and otherwise commercialize such feedback. You hereby grant to igloocompany all required licenses in your feedback and the associated intellectual property rights to allow igloocompany to carry out these rights. Igloocompany may at any time during the term of the Beta Test, upon reasonable written notice audit your use of the igloocompany Materials as reasonably necessary to confirm that you are using the igloocompany Materials in accordance with these Terms.
Warranty. THE IGLOOCOMPANY MATERIALS ARE PROVIDED “AS-IS.” IGLOOCOMPANY DISCLAIMS ALL OTHER WARRANTIES, EXPRESS OR IMPLIED, INCLUDING ANY WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NONINFRINGEMENT AND ANY WARRANTIES ARISING OUT OF COURSE OF DEALING OR USAGEIN TRADE.
Limitation of Liability. IN NO EVENT SHALL IGLOOCOMPANY BE LIABLE TO YOU OR ANY OTHER PARTY FOR DAMAGES OF ANY KIND ARISING FROM INSTALLATION OR USE OF THE BETA PRODUCT AND/OR SOFTWARE, WHETHER RESULTING FROM A TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT, WARRANTY OR OTHER FORM OF ACTION, INCLUDING BUT NOT LIMITED TO DIRECT, INDIRECT, SPECIAL, INCIDENTAL AND CONSEQUENTIAL DAMAGES, OF ANY KIND ARISING IN ANY WAY OUT OF THESE TERMS, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGE. THE PARTIES AGREE THAT THE FOREGOING LIMITATION OF LIABILITY IS MATERIAL TO THESE TERMS.
Termination. The Beta Test shall expire within 6 months after the date of your sign-up. Either party may terminate the Beta Test before the end of your participation in the igloocompany Beta Test for any reason or no reason upon written notice to the other party. The Beta Test will automatically terminate upon any breach by you of any of your obligations hereunder including breach of confidentiality obligations. Your breach of any of your obligations under these Terms may result in your immediate removal from the igloocompany Beta Test(s). Upon request from igloocompany, you will deliver to igloocompany, or otherwise make available for pick-up by igloocompany at your premises, the Beta Product and igloocompany Materials and any other tangible igloocompany property. Sections 2 through 10 shall survive termination of these Terms.
Miscellaneous. These Terms shall be governed by the laws of the Singapore, without reference to its conflict of law principles. These Terms constitutes the entire agreement between you and igloocompany with respect to the subject matter hereof, and supersedes all prior oral or written understandings, communications or agreements not specifically incorporated herein. If any provision of these Terms is found to be invalid or unenforceable pursuant to a Judgement or Order of Court, the remainder of these Terms shall remain valid and enforceable according to its terms. You acknowledge that any breach of your obligations under these Terms with respect to the proprietary rights of igloocompany will cause igloocompany irreparable injury for which there are inadequate remedies at law, and, therefore, igloocompany will be entitled to equitable relief in addition to all other remedies provided by these Terms or available at law or in equity.