Legal

Beta Test Agreement

The software product (“CANVID”), and related Internet based services are products of VideoCom.Com Inc (“VideoCom”) a Delaware, USA corporation. This BETA TEST AGREEMENT (the “Agreement”) is by and between VideoCom and you (“Licensee” or “You”).

BY CLICKING ON THE "YES" OR “I ACCEPT” BUTTON (OR OTHER BUTTON OR MECHANISM DESIGNED TO ACKNOWLEDGE AGREEMENT TO THE TERMS OF THIS AGREEMENT), OR BY DOWNLOADING, ACCESSING OR INSTALLING THE BETA PRODUCT, YOU ARE CONSENTING TO BE BOUND BY THIS AGREEMENT.

  1. “Beta Product” shall mean the CANVID software, services, and/or features that are designated as beta or pre-release versions and are provided to You during the term hereof.

  2. License. VideoCom grants to You a non-exclusive, non-transferable, non-sublicensable license to use the Beta Product solely for the purposes of testing, research, and evaluation. You shall not modify, disassemble, decompile, reverse engineer, rent, lease, loan, transfer, or make copies of the Beta Product.

  3. Ownership. All title, interest, and ownership rights in and to the Beta Product and associated documentation, including any improvements, modifications, and enhancements made thereto, are and shall remain in VideoCom. Except for those rights expressly granted herein, no other rights are granted, either express or implied, to You.

  4. Confidentiality. If VideoCom releases information to you related to the Beta Product specifically marked as Confidential, you will not use the Confidential Information except as necessary under this Agreement, and will not disclose any portion of the Confidential Information to any other person or entity. You will use all reasonable steps to protect the Confidential Information from unauthorized use or disclosure. Confidential Information does not include information that: (1) was rightfully known by You at the time of disclosure without an obligation of confidentiality, (2) is lawfully obtained by You from a third party without restriction on use or disclosure, or (3) is or becomes generally known to the public through no fault or breach of this Agreement by You..

  5. Pre-Purchase: During the term of this Agreement VideoCom may offer a pre-sale of licenses for the forthcoming production version of the Beta Product. Such license purchased during the terms of this Agreement shall only take effect upon the release of a publicly available production version of the Beta Product.

  6. Termination. This Agreement shall terminate upon the release of a publicly available production version of the Beta Product.

  7. Data & Feedback. You agree that VideoCom may obtain information and data from You in connection with Your registration, installation, and use of the Beta Product. VideoCom may also collect and process technical and performance information about your use of the Beta Product and use this information to support and troubleshoot issues, provide updates, analyze trends and improve VideoCom products or services. VideoCom shall be allowed to use such data and share such data with VideoCom partners for the program purposes. You hereby consent to VideoCom processing and transferring this information, including, if any, personal information, in conformity with the Canvid Privacy Policy, as updated from time to time. Further, You shall provide feedback to VideoCom concerning the functionality and performance of the Beta Product from time to time as reasonably requested by VideoCom, including, without limitation, identifying potential errors and improvements. You will also be invited to complete surveys regarding the Beta Product. Feedback provided through any of the foregoing methods in connection with the Beta Product may be used by VideoCom and its partners to improve or enhance products, services and/or features and, accordingly, VideoCom shall have a non-exclusive, perpetual, irrevocable, royalty-free, worldwide right and license to use, reproduce, disclose, sublicense, distribute, modify and otherwise exploit such feedback without restriction.

  8. THE BETA PRODUCT MAY CONTAIN ERRORS AND IS PROVIDED FOR LIMITED EVALUATION ONLY. THE BETA PRODUCT IS PROVIDED “AS IS” WITHOUT WARRANTY OF ANY KIND, WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE. VIDEOCOM SPECIFICALLY DISCLAIMS ALL IMPLIED WARRANTIES OF MERCHANTABILITY, NONINFRINGEMENT, AND FITNESS FOR A PARTICULAR PURPOSE.

  9. THE TOTAL LIABILITY OF VIDEOCOM ARISING OUT OF OR RELATED TO THIS AGREEMENT SHALL NOT EXCEED $20. IN NO EVENT SHALL VIDEOCOM HAVE LIABILITY FOR ANY INDIRECT, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THESE LIMITATIONS SHALL APPLY NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY.

Miscellaneous. This Agreement shall be governed by the laws of Delaware without reference to conflict of laws principles. You shall not assign this Agreement, directly or indirectly, by operation of law or otherwise, without the prior written consent of VideoCom. You shall comply in all respects with all U.S. and foreign export and re-export laws and regulations applicable to the technology and documentation provided hereunder. This is the entire agreement between the parties relating to the subject matter hereof. No waiver or modification of this Agreement shall be valid unless in writing signed by each party. 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.