ASU FlexWeb Beta Test Program Click
License
Important: Please read this ASU FlexWeb Beta Test Program Participation
Agreement ("Participation Agreement") carefully, as it sets out the terms and
conditions you must agree to in order to participate in the ASU FlexWeb Beta
Test Program. If, after reading all of the terms and conditions set out below,
you agree to be bound by them, then click the "accept" button.
Terms and Conditions:
1. Participant Feedback. You agree to provide reasonable feedback to ASU, about
your experiences using features of the Beta Test Materials and information
about connectivity and usability of the Beta Test Materials. All of your
feedback shall be the property of ASU and may be used by ASU for any purpose it
sees fit.
2. Beta Test Materials. ASU shall make available to you all the software and
documentation required for participation in the ASU FlexWeb Beta Test Program. "Beta
Test Materials" are any software made available through the ASU FlexWeb program
including, by way of example and not by way of limitation, FIRST, FRODA, TIMME,
and PEBBLE2D. You may be obligated to return some or all of the Beta Test
Materials sent to you, if so, ASU will supply you with the necessary shipping
instructions.
3. Ownership of Beta Test Materials. You understand that ASU or its affiliates
shall own all of the Beta Test Materials, including without limitation all
intellectual property rights therein. You shall keep the Beta Test Materials
free of all security interests, liens, or other encumbrances. You may not sell,
lease, license, loan or otherwise transfer or dispose of any of the Beta Test
Materials. You shall keep the Beta Test Materials in your possession, custody
and control in your place of work.
4. Confidential Nature of Beta Test Materials. You acknowledge and agree that:
( a ) the Beta Test Materials are the confidential information of ASU;
( b ) the Beta Test Materials are pre-release materials and not intended for
University release;
( c ) the Beta Test Materials may be serial numbered for tracking purposes and
would be traceable to you;
( d ) disclosure of any part of the Beta Test Materials to any commercial for
profit third party will cause significant and irreparable harm to ASU, the
extent of which may be difficult to ascertain. Accordingly, you agree ASU shall
be entitled to injunctive relief as well as all other legal remedies that may
be available in the event you breach this agreement.
5. Participant's Warrants and Representations. You warrant and represent that
you:
( a ) acknowledge and agree that you have no expectation of privacy or confidentiality
in any information, ideas, designs or inventions that you choose to disclose
during your participation in the ASU FlexWeb Beta Test Program or use of any of
the Beta Test Materials;
( b ) will not disclose any part of the Beta Test Materials to any commercial
for profit third party, including but not limited to any commercial entity or any
competitor of ASU;
( c ) agree that if you allow anyone else to use the Beta Test Materials you
accept responsibility for their acts, including any violations of this
agreement which could result in the termination of your account;
( d ) will immediately notify ASU if you find or become aware that the Beta
Test Materials are in the possession of a third party, and you will use your
best efforts to help recover the Beta Test Materials and to prevent any further
loss.
( e ) will use the content and tools made available to you through the ASU
FlexWeb Beta Test Program only for the purposes intended, as any misuse of such
content or tools may result in immediate termination of your account and
participation in the ASU FlexWeb Beta Test Program;
( f ) will not misappropriate any of the intellectual property of ASU or any
other party as such misappropriation may result in legal prosecution;
( g ) will not engage in the unauthorized transfer, exhibition, export, import
or transmission of programs and will not use any devices to circumvent any
authentication schemes as such may be prohibited by law.
( h ) will read and become familiar with the warnings and instructions for any
Beta Test Materials that may be sent to you before any installation or setup of
such Beta Test Materials; and
6. Acknowledgment of Data Collection. The Beta Test Materials may contain
software that uses "DNAS" (Dynamic Network Authentication System). DNAS
retrieves information about a user's hardware and software for authentication
and copy protection. The information collected does not identify the user
personally.
8. NO WARRANTEE. SOFTWARE AND HARDWARE ARE PROVIDED "AS IS" AND, TO THE MAXIMUM
EXTENT PROVIDED UNDER LAW, ASU DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER
EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF
MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. FOR ALL SOFTWARE PROVIDED
AS PART OF THE UNIVERSITY BETA TEST PROGRAM, ASU OR A PARTICIPATING PUBLISHER
MAY EITHER DELIVER A SELF EXPIRING ("TIME BOMB") VERSION OF THE SOFTWARE OR MAY
DISCONTINUE HOSTING THE SOFTWARE AT ANY TIME. YOU AGREE THAT ASU HAS NO
LIABILITY FOR SUCH DISCONTINUANCE. ALL OTHER SOFTWARE IS THE RESPONSIBILITY OF
THE NAMED PUBLISHER. CHECK THE TERMS AND CONDITIONS THAT MAY ACCOMPANY EACH
SOFTWARE BETA BEFORE USING.
9. LIMITATION OF LIABILITY AND REMEDIES. You agree that notwithstanding any
damages that you might incur for any reason whatsoever (including, without
limitation, all direct or general damages), the entire liability of ASU and any
of its affiliates under any provision of this Participation Agreement and your
exclusive remedy for all of the foregoing shall be limited to one dollar ($1).
The foregoing limitations, exclusions and disclaimers shall apply to the
maximum extent permitted by applicable law, even if any remedy fails of its
essential purpose. In no event shall ASU or its affiliates be liable for any
special, incidental, indirect, or consequential damages whatsoever.
10. Term/Termination. This Participation Agreement will be effective from the
time you click the "accept" button until terminated. You may terminate this
Participation Agreement at any time by returning the materials sent to you and
providing ASU written notification of your termination. Your account and
participation privileges may be terminated immediately if you fail to comply
with any of the terms and conditions of this Participation Agreement or if you
fail to provide reasonable feedback in a timely manner. ASU also reserves the
right to terminate your account or the Beta Test Program at any time with or
without cause.
11. Governing Law and Venue. You agree that the laws of the State of Arizona shall govern the terms of this Participation Agreement and your participation in
the ASU FlexWeb Beta Test Program.
12. Copy of Participation Agreement. Should you have any questions concerning
this Participation Agreement please contact ASU at:
ASU FlexWeb Beta Test Program
Arizona Technology Enterprises, LLC.
699 S. Mill Ave, Suite 601
Tempe, AZ 85281
(480) 965 5670
13. Acceptance. If you do not agree to be bound by the terms and conditions of
this Agreement, do not continue any further. By clicking the "accept" button
below you are once again representing that:
( a ) you are 18 years of age or older;
( b ) you wish to participate in the ASU FlexWeb Beta Test Program;
( c ) you have read this entire Participation Agreement;
( d ) you specifically agree to be bound by all of the above listed terms and
conditions.
