Beta Test Terms and Conditions
Please read and agree to the following terms and conditions, if you wish to be eligible to participate in the Closed Beta Testing. However, we do not guarantee that you will be selected to participate in the Beta Testing.
BY SELECTING THE “ACCEPT” BUTTON, YOU ACKNOWLEDGE THAT: (1) YOU ARE 13 YEARS OF AGE OR OLDER; AND (2) YOU HAVE READ, UNDERSTOOD, AND ACCEPTED THE TERMS AND CONDITIONS OF THIS AGREEMENT.
BETA TESTERS DUTIES
Beta Tester agrees to report any flaws, errors or imperfections discovered in any software or other materials where Beta Tester has been granted access to the Beta Test. Beta Tester understands that prompt and accurate reporting is the purpose of the Beta Tests and undertakes to use best efforts to provide frequent reports on all aspects of the product both positive and negative and acknowledges that any improvements, modifications and changes arising from or in connection with the Beta Testers contribution to the Project, remain or become the exclusive property of the Disclosing Party.
CONFIDENTIALITY
The Tester will not disclose Software or any comments regarding Software to any third party without the prior written approval of The Africa Channel, Inc. The Tester will maintain the confidentiality of Software with at least the same degree of care that you use to protect your own confidential and proprietary information, but not less than a reasonable degree of care under the circumstances. The Tester will not be liable for the disclosure of any confidential information which is:
(a.) in the public domain other than by a breach of this Agreement on Tester’s part; or (b.) rightfully received from a third party without any obligation of confidentiality; or (c.) rightfully known to Tester without any limitation on use or disclosure prior to its receipt from The Africa Channel, Inc.; or (d.) generally made available to third parties by The Africa Channel, Inc. without restriction on disclosure.
NO SUPPORT AND MAINTENANCE; FUTURE PRODUCTS.
During your participation in the Beta Program, The Africa Channel, Inc. is not obligated to provide you with any maintenance, technical or other support for the Pre-Release Software. You agree to abide by any support rules and policies that The Africa Channel, Inc. provides to you in order to receive such support. You acknowledge that The Africa Channel, Inc. has no express or implied obligation to announce or make available a commercial version of the Pre-Release Software to anyone in the future. Should a commercial version be made available, it may have features or functionality that are different from those found in the Pre-Release Software licensed hereunder.
PRIVACY POLICY
Demand Africa’s Privacy Policy (available at https://demandafrica.com/privacy/) (Privacy Policy) applies to the Beta Program and the Beta Software. You acknowledge and agree that by participating in the Beta Program or by using the Beta Software, The Africa Channel, Inc. may receive certain information about you. including personally identifiable information. and you hereby consent to theScore’s collection, use and disclosure such information in accordance with the Privacy Policy.”
FEES AND COSTS
There are no license fees for Licensee’s use of the Beta Product under this Agreement.
Licensee is responsible for all costs and expenses associated with the use of the Beta Product and the performance of all testing and evaluation activities.
MODIFICATION
This is the entire agreement between the parties relating to the subject matter hereof and all other terms are rejected. No waiver or modification of this Agreement shall be valid unless in writing signed by each party. The waiver of a breach of any term hereof shall in no way be construed as a waiver of any term or other breach hereof. If any provision of this Agreement is held by a court of competent jurisdiction to be contrary to law the remaining provisions of this Agreement shall remain in full force and effect.
NO ASSIGNMENT
This Agreement is personal to Tester. Tester shall not assign or otherwise transfer any rights or obligations under this Agreement.
SEVERABILITY
If any provision of this Agreement shall be found by a court to be void, invalid or unenforceable, the same shall be reformed to comply with applicable law or stricken if not so conformable, so as not to affect the validity or enforceability of this Agreement.
CHOICE OF LAW AND DISPUTES
For other than the U.S. Government as a party, this Agreement shall be governed by and construed in accordance with the laws of the State of California. as If performed wholly within the state and without giving effect to the principles of conflict of law rules of any jurisdiction or the United Nations Convention on Contracts for the International Sale of Goods, the application of which is expressly excluded. Any legal action or proceeding arising under this Agreement will be brought exclusively in the federal or state courts located in Los Angeles, California and the parties hereby consent to personal Jurisdiction and venue therein.
