2BrightSparks
Beta Testers Agreement
This beta License
Agreement (the "Agreement")
is a legal contract between you
(either an individual or a single
entity) and 2BrightSparks Pte Ltd
relating to the software product
being tested, which includes computer
software and, as applicable, associated
media, printed materials, and electronic
documentation (the "Software").
LICENSE TERMS
Following acceptance
of this Agreement, 2BrightSparks
Pte Ltd. grants you the nonexclusive
right to install and use five copies
of the Software in accordance with
the terms of this Agreement. These
five copies can be used either
on an individual basis or in a
network environment.
Use on a
PC
You may install the
SOFTWARE on five computers, and
you may access and use the Software
at those locations. If you are
an entity rather than an individual,
you may authorize employees, students
or others served by your organization
to use the Software provided they
are aware of and consent to the
terms of this agreement.
Use on a
Network
You may store, install
and access the beta version of
the Software through an internal
network.
OTHER LIMITATIONS
You may not discuss this
software except through the mailing
list created for the testing of
the software or to others in your
organization who are involved with
the testing of the software.
You may not rent,
lease, sublease or lend the Software.
You may not copy the CD-ROM media.
If an update to the Software becomes
available and you obtain it, you
may not use prior version(s) of
the Software.
You may not reverse
engineer, decompile or disassemble
the Software or create derivative
works from the Software, except
and only to the extent that such
activity is expressly permitted
by applicable law notwithstanding
this limitation.
2BrightSparks Pte
Ltd. may provide you with support
services related to the Software
("Support Services")
in the form of direct email.
Any supplemental software code
provided to you as part of the
Support Services will be considered
part of the Software and subject
to the terms and conditions of
this Agreement. With respect to
technical information you provide
to 2BrightSparks Pte Ltd. in connection
with the Support Services, 2BrightSparks
Pte Ltd. may use such information
for its business purposes, including
for product support and development.
You may not transfer
your rights (including all updates)
under this Agreement.
Without prejudice
to any other rights, 2BrightSparks
Pte Ltd. may terminate this Agreement
if you fail to comply with the
terms and conditions of this Agreement.
In such event, you must, at the
option of 2BrightSparks Pte Ltd.,
either return to 2BrightSparks
Pte Ltd. or destroy all copies
of the Software and all of its
component parts.
GOVERNING LAW
This Agreement will be governed by the laws of Singapore.
PROPRIETARY RIGHTS
Copyright
All title and copyrights in and to the Software, the accompanying media and
printed materials, and any copies of the Software are owned by 2BrightSparks
Pte Ltd. or its licensors. The Software is protected by copyright laws and
international treaty provisions. Therefore, you must treat the Software like
any other copyrighted material, except that you may copy the software portion
of the product onto a computer hard disk for installation purposes provided
that it is used as specified, and is subject to, the provisions of this Agreement.
All copyright notices must appear on any copy of the Software and may not be
altered. You may not replicate any materials that accompany the Software.
Submissions
Should you decide to transmit to 2BrightSparks Pte Ltd. by any means or by
any media any materials or other information (including, without limitation,
ideas, concepts or techniques for new or improved services and products),
whether as information, feedback, data, questions, comments, suggestions
or the like, you agree such submissions are unrestricted and will be deemed
non- confidential and you automatically grant 2BrightSparks Pte Ltd. and
its assigns a non-exclusive, royalty-free, worldwide, perpetual, irrevocable
license, with the right to sublicense, to use, copy, transmit, distribute,
create derivative works of, display and perform the same.
LIMITED WARRANTY
AND DISCLAIMER
THE SOFTWARE IS PROVIDED "AS IS" AND 2BRIGHTSPARKS PTE LTD. DISCLAIMS
ANY AND ALL OTHER WARRANTIES, WHETHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT
LIMITATION, ANY IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR
PURPOSE.
ANY LIABILITY OF
2BRIGHTSPARKS PTE LTD. FOR A DEFECTIVE
COPY OF THE SOFTWARE WILL BE LIMITED
EXCLUSIVELY TO REPLACEMENT OF YOUR
COPY OF THE SOFTWARE WITH ANOTHER
COPY OF THE SAOFTWARE. IN NO EVENT
WILL 2BRIGHTSPARKS PTE LTD. (OR
ITS SUPPLIERS) BE LIABLE TO YOU
FOR ANY CONSEQUENTIAL, INCIDENTAL
OR SPECIAL DAMAGES, INCLUDING ANY
LOST PROFITS OR LOST TIME, EVEN
IF 2BRIGHTSPARKS PTE LTD. HAS BEEN
ADVISED OF THE POSSIBILITY OF SUCH
DAMAGES, OR FOR ANY CLAIM BY ANY
THIRD PARTY.
Some states or jurisdictions
do not allow the exclusion or limitation
of incidental, consequential or
special damages, or the exclusion
of implied warranties or limitations
on how long a given warranty may
last, so the above limitations
may not apply to you. |
