The terms and conditions below are of application to all those who sign up as beta testers of our Software Applications. If you are going to participate in our beta testing programme, please read the terms below carefully. If the meaning or intention of a clause in the contract is unclear, please get in touch with us for clarification. By participating in our programme you are accepting the terms below.
These terms are not applicable to any final, non-beta versions of any mobile application or software product released by Zetta Cloud.
BETA TESTING PROGRAMME TERMS AND CONDITIONS
THIS AGREEMENT is made by and between ZA Cloud SRL (“we”, “Zetta Cloud” or the “Company”), and You (“you”, “Licensee” or the “User”).
GENERAL TERMS AND CONDITIONS
- Zetta Cloud has developed a software application, including modifications, enhancements, improvements, updates, additions, derivative works, documentation and related material (“Software”).
- Zetta Cloud desires that the Software be tested prior to general release.
- Licensee wishes to serve as a Beta tester for such Software;
NOW, THEREFORE, in consideration of the mutual covenants and premises herein contained, the parties hereto agree as follows:
- Zetta Cloud reserves the right to modify or terminate the Software or your access to the Software or the participation in our beta testers programme for any reason, without notice, at any time, and without liability to you.
- Zetta Cloud grants to Licensee a non-exclusive, non-transferable license to use the Software solely for Beta testing and Beta use from effective date of agreement to 45 days after official release date of the products(s), subject to the term and conditions below.
- In consideration for receiving the license for the Software for testing, Licensee agrees to serve as a “Beta Tester” for the Software and will notify Zetta Cloud of all problems and ideas for enhancements which come to Licensee’s attention during the period of this Agreement, and hereby assigns to Zetta Cloud all right, title and interest to such enhancements and all property rights therein including without limitation all patent, copyright, trade secret, mask work, trademark, moral right or other intellectual property rights.
- Licensee agrees that Software is the sole property of Zetta Cloud and includes valuable trade secrets of Zetta Cloud. Licensee agrees to treat Software as confidential and will not without the express written authorization of Zetta Cloud:
- Demonstrate, copy, sell or market Software to any third party; or
- Publish or otherwise disclose information relating to performance or quality of the Software to any third party; or
- Modify, reuse, disassemble, decompile, reverse engineer or otherwise translate Software or any portion thereof.
- Software is prerelease code and is not at the level of performance or compatibility of a final, generally available product offering. Software may not operate correctly and may be substantially modified prior to first commercial shipment, or withdrawn. Software is provided “AS IS” without warranty of any kind. The entire risk arising out of the use or performance of Software remains with Licensee. In no event shall Zetta Cloud be liable for any damage whatsoever arising out of the use of or inability to use Software, even if Zetta Cloud has been advised of the possibility of such damages.
- The Licensee upon completion of the Beta test agrees to provide material, statistics, or information that is not deemed confidential to Licensee for use in press releases, customer testimonials, and as a reference in marketing and sales initiatives by Zetta Cloud. Licensee will provide a quote to Zetta Cloud that may be used in a press release.
- This License Agreement shall be governed, construed and enforced in accordance with the laws of Romania and European Union. Any notice required by this Agreement shall be given by prepaid, first class, certified mail, return receipt requested to above address or such other address as may be given from time to time under the terms of this notice provision.
- This Agreement constitutes the entire and only agreement between the parties for Software and all other prior negotiations, representations, agreements, and understandings are superseded hereby. No agreements altering or supplementing the terms hereof may be made except by means of a written document signed by the duly authorized representatives of the parties.
- Licensee shall comply with all applicable federal, state and local laws, regulations, and ordinances in connection with its activities pursuant to this Agreement.
- Failure of Zetta Cloud to enforce a right under this Agreement shall not act as a waiver of that right or the ability to later assert that right relative to the particular situation involved.
- 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
January 2017, Edited & customised by: ZA Cloud SRL., Govora 16A, 400664 Cluj-Napoca, Romania