Welcome to Second Nature Software, Inc. BETA Program. We regularly release components and products and upgrades to the market. We would like our customers, developer clients and end users to participate in the Beta Program. You can help us identify bugs and enhance the quality and functionality aspects to assist us in tuning the product to your needs. WHAT BETA TESTING IS: The Beta phase of software design exposes a new product, which has just emerged from in-house testing, to a large number of real people, real hardware, and real usage. Beta testing is not a method of getting free software long-term because the software expires shortly after the testing period. The benefits of BETA testing include:
SYSTEM REQUIREMENTS: Pentium- or 486-based processor. Windows 2000/NT 4.0 or Windows 98/ME. 16 Mb RAM or greater. 5MB of disk space BUG REPORTS: Any problems experienced with this BETA product should be reported directly to betabugs@secondnature.com including as detailed information as possible along with a description of the bug. TERMS AND CONDITIONS: The software is NOT to be distributed. If you know another person (or group of people) who is interested in participating in the beta test, they should be directed to this web site to review the End User License Agreement and download the most up to date BETA revision directly from this web site. SLIDESHOW BETA SOFTWARE BETA LICENSE AGREEMENT THIS BETA LICENSE AGREEMENT ("AGREEMENT") IS A LEGAL AGREEMENT BETWEEN YOU (EITHER AN INDIVIDUAL OR AN ENTITY) ("PARTICIPANT") AND SECOND NATURE SOFTWARE, INC. ("SECOND NATURE SOFTWARE"). BY INSTALLING, COPYING, OR OTHERWISE USING THE SLIDESHOW BETA SOFTWARE (AS THAT TERM IS DEFINED BELOW), YOU AGREE TO BE BOUND BY THE TERMS OF THIS AGREEMENT. IF YOU DO NOT AGREE TO THE TERMS OF THIS AGREEMENT, DO NOT INSTALL, COPY OR USE THE SLIDESHOW BETA SOFTWARE. In consideration of the respective rights conferred and obligations imposed upon each party under this Agreement, SECOND NATURE SOFTWARE and Participant agree as follows: 1. Definitions. The following capitalized terms used in this Agreement have the meanings indicated: (a) "End Users" means individual users of the Slideshow BETA Software. (b) "Evaluation Period" means the period beginning when Participant first installs, copies or uses the SLIDESHOW BETA SOFTWARE and continuing until September, 31st 2001, subject to earlier termination pursuant to Section 7 below. (c) "Slideshow BETA Software" means any and all SECOND NATURE SOFTWARE' BETA releases. 2. License Rights and Restrictions. (a) License Rights. SECOND NATURE SOFTWARE grants Participant a non-exclusive, non-transferable license to use the SLIDESHOW BETA SOFTWARE during the Evaluation Period to support End Users' use of the Slideshow BETA Software. Participant may copy each type of SLIDESHOW BETA SOFTWARE provided to it under this Agreement onto a single computer server owned and operated by Participant. (b) License Restrictions. Participant may not (i) create any derivative works of the SLIDESHOW BETA SOFTWARE; (ii) decompile, disassemble, reverse engineer, or otherwise attempt to derive the source code for the SLIDESHOW BETA SOFTWARE; (iii) sell, rent, lease, or commercially redistribute the SLIDESHOW BETA SOFTWARE or permit others to use it; (iv) alter or remove any copyright, trademark, or other protective notices contained in or on any portion of the SLIDESHOW BETA SOFTWARE; or (v) use the SLIDESHOW BETA SOFTWARE for a purpose or in a manner not permitted by the terms of SECOND NATURE SOFTWARE' Acceptable Use Policy (which is accessible at www.secondnature.com), including, without limitation, infringement of copyrights. 3. Beta Test Acknowledgement. Participant acknowledges that it is receiving a preliminary, preview edition of the SLIDESHOW BETA SOFTWARE, that it is participating in a beta test of the SLIDESHOW BETA SOFTWARE, and that the SLIDESHOW BETA SOFTWARE may contain bugs, may not operate properly or perform all intended functions, may interfere with the functioning of other software applications, and may cause errors, data loss or other problems. 4. Feedback. Participant will promptly report to SECOND NATURE SOFTWARE any failure of the SLIDESHOW BETA SOFTWARE to perform in accordance with applicable documentation, and it will provide such other information relating to the SLIDESHOW BETA SOFTWARE as SECOND NATURE SOFTWARE may reasonably request. At SECOND NATURE SOFTWARE' request, Participant will provide a written evaluation of the SLIDESHOW BETA SOFTWARE in a form reasonably requested by SECOND NATURE SOFTWARE. Participant grants SECOND NATURE SOFTWARE an unrestricted, royalty-free right to use all such feedback for purposes of correcting and/or enhancing the SLIDESHOW BETA SOFTWARE and developing additional products and services. 5. No Warranty; Limitation of Liability. SECOND NATURE SOFTWARE MAKES NO EXPRESS OR IMPLIED WARRANTY WITH RESPECT TO THE SLIDESHOW BETA SOFTWARE, INCLUDING WITHOUT LIMITATION, ANY WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE OR NONINFRINGEMENT. IN NO EVENT WILL SECOND NATURE SOFTWARE BE LIABLE TO PARTICIPANT OR ANY THIRD PARTY FOR ANY DAMAGES ARISING FROM OR RELATING TO THIS AGREEMENT OR USE OF THE SLIDESHOW BETA SOFTWARE, INCLUDING, WITHOUT LIMITATION, ANY DIRECT, INDIRECT, SPECIAL OR CONSEQUENTIAL DAMAGES OR SIMILAR DAMAGES, INCLUDING LOST PROFITS OR LOST DATA, EVEN IF SECOND NATURE SOFTWARE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. BECAUSE SOME STATES/JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CERTAIN TYPES OF DAMAGES, ALL OR PORTIONS OF THIS LIMITATION MAY NOT APPLY TO PARTICIPANT. 6. Term and Termination. Either party may terminate this Agreement for any reason upon ten (10) days advance written notice to the other party. At the end of the Evaluation Period or the earlier termination of this Agreement, Participant will promptly cause all copies of the SLIDESHOW BETA SOFTWARE to be removed from all systems onto which it has been copied, and it will, at SECOND NATURE SOFTWARE' option, either destroy or return to SECOND NATURE SOFTWARE all CDs and other physical embodiments of the SLIDESHOW BETA SOFTWARE. 7. U.S. Government End Users. The SLIDESHOW BETA SOFTWARE is a "commercial item," as that term is defined in 48 C.F.R. 12.101 (Oct. 1995), consisting of "commercial computer software" and "commercial computer software documentation," as such terms are used in 48 C.F.R. 12.212 (Sept. 1995). Consistent with 48 C.F.R. 12.212 and 48 C.F.R. 227.7202-1 through 227.7202-4 (June 1995), all U.S. Government users acquire the SLIDESHOW BETA SOFTWARE with only those rights set forth in this Agreement. 8. Compliance With Law; Export and Import Restrictions. Participant agrees that it will comply with all applicable laws and regulations of governmental bodies or agencies in its performance under this Agreement and use of the SLIDESHOW BETA SOFTWARE. In particular, Participant acknowledges that the SLIDESHOW BETA SOFTWARE is subject to U.S. Export Administration Regulations and other U.S. law and may not be exported or re-exported to certain countries (currently Afghanistan (Taliban-controlled areas), Cuba, Iran, Iraq, Libya, North Korea, Serbia (except Kosovo), Sudan and Syria) or to persons or entities prohibited from receiving U.S. exports (including Denied Parties, Specially Designated Nationals, and entities on the Bureau of Export Administration Entity List or involved with missile technology or nuclear, chemical or biological weapons). The SLIDESHOW BETA SOFTWARE also may be subject to the export, import or other laws of other countries. Participant represents that it is eligible to receive favorable treatment under current United States export control laws and regulations, and it will not use or transfer the SLIDESHOW BETA SOFTWARE in violation of any U.S. or foreign laws or regulations. 9. General Provisions. The SLIDESHOW BETA SOFTWARE is licensed, not sold. SECOND NATURE SOFTWARE will retain all right, title and interest in the SLIDESHOW BETA SOFTWARE, and all copies thereof, at all times. Nothing in this Agreement is intended to grant Participant any right or license to use the SLIDESHOW BETA SOFTWARE beyond the limited rights expressly granted above in Section 2(a) of this Agreement. This Agreement will be binding upon and inure to the benefit of the parties' respective successors and assigns, provided that Participant may not assign its rights or delegate its duties or obligations under this Agreement without SECOND NATURE SOFTWARE' prior written consent. Participant acknowledges that a violation of this Agreement may cause irreparable harm to SECOND NATURE SOFTWARE for which monetary damages would be inadequate, and it therefore agrees that, in addition to any other remedies provided by law, SECOND NATURE SOFTWARE will be entitled to seek injunctive relief against any such violation without having to post a bond. The terms of Section 3 and Sections 5 through 9 will survive termination of this Agreement. The invalidity or unenforceability of any part of this Agreement for any reason whatsoever will not affect the validity or enforceability of the remainder. This Agreement contains the entire agreement between the parties with respect to its subject matter, and it supersedes all prior agreements, oral or written, and all other communications between the parties relating to its subject matter. This Agreement may be amended only by a document signed by an authorized representative of each party. This Agreement will be governed by and construed in accordance with the laws of the Commonwealth of Washington, excluding its conflict of laws rules. To the extent it may otherwise be applicable, the parties expressly agree that the United Nations Convention on Contracts for the International Sale of Goods will not apply to this Agreement. |
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