Terms of Service
Thank you for your interest in being a Beta tester for Aboard! By participating you agree to all the Terms of Service. This includes:
- Aboard LLC (“Aboard”) frequently develops pre-release Beta versions of software functionality, not immediately available for public release, including modifications, enhancements, improvements, updates, additions, derivative works, documentation and related material (“Beta Software”).
- You acknowledge that you are participating in the Aboard Beta program and the info you learn as a tester is confidential and cannot be shared.
- You won’t disclose your role or work as a Beta tester to any member of the press, any public news group, or any third party.
- You license Aboard to freely use the feedback and suggestions you provide.
BY USING BETA SOFTWARE, YOU ARE INDICATING YOUR ACCEPTANCE OF THESE TERMS. YOU ARE (1) REPRESENTING THAT YOU ARE OVER THE AGE OF 18, (2) REPRESENTING THAT YOU HAVE THE RIGHT AND AUTHORITY TO LEGALLY BIND YOURSELF TO THESE TERMS, AND (3) CONSENTING TO BE LEGALLY BOUND BY ALL OF THE TERMS OF THIS AGREEMENT. THIS WILL CREATE A BINDING AGREEMENT. IF YOU DO NOT AGREE TO ALL THESE TERMS OR CANNOT MAKE SUCH REPRESENTATIONS PLEASE DO NOT USE THE BETA SOFTWARE.
THE BETA SOFTWARE LICENSED HEREUNDER IS BELIEVED TO CONTAIN DEFECTS AND A PRIMARY PURPOSE OF THIS BETA TESTING AGREEMENT IS TO OBTAIN FEEDBACK ON SOFTWARE PERFORMANCE AND THE IDENTIFICATION OF DEFECTS. LICENSEE IS ADVISED TO SAFEGUARD IMPORTANT DATA, TO USE CAUTION AND NOT TO RELY IN ANY WAY ON THE CORRECT FUNCTIONING OR PERFORMANCE OF THE BETA SOFTWARE AND/OR ACCOMPANYING MATERIALS.
Aboard is developing a certain Software As A Service (“SaaS”) product (referred to herein as the “Beta Software”). The Beta Software is currently still in development and experimental form.
- LICENSE GRANT. Aboard grants to Licensee a non-exclusive, non-transferable, revocable license to use the Beta Software solely for Beta testing and use from the acceptance date of this Agreement until the official release date of the generally available commercial version of the Beta Software, subject to the term and conditions below. Aboard may vary the duration of the test period and may end the test period at any time and for any reason.
- FEEDBACK. In consideration for receiving access to the Beta Software for testing, Licensee agrees to give Aboard feedback, comments or enhancement suggestions on the Beta Software (the “Feedback”) and hereby assigns to Aboard all rights, title and interest to such ideas for enhancements, including any product enhancements developed as a result of such ideas. Licensee agrees that Aboard may use the Feedback for any purpose.
- CONFIDENTIAL INFORMATION. Licensee agrees that the Beta Software is the sole and exclusive property of Aboard and includes valuable trade secrets and other intellectual property of Aboard. Licensee agrees to treat the Beta Software and any documentation or other materials provided with the Beta Software as confidential, and will not without the prior express written authorization of Aboard:
- Demonstrate, copy, sell, market or grant access to the Beta Software to any third party; or
- Publish or otherwise disclose information relating to performance or quality of the Beta Software to any third party or share any documentation or other materials relating to the Beta Software with any third party; or
- Modify, reuse, disassemble, decompile, reverse engineer or otherwise translate the Beta Software or any portion thereof.
- NO WARRANTY. THE BETA SOFTWARE IS PRERELEASE CODE AND IS NOT AT THE LEVEL OF PERFORMANCE OR COMPATIBILITY OF A FINAL, GENERALLY AVAILABLE PRODUCT OFFERING. THE BETA SOFTWARE MAY NOT OPERATE CORRECTLY AND MAY BE SUBSTANTIALLY MODIFIED PRIOR TO FIRST COMMERCIAL SHIPMENT, NEVER RELEASED COMMERCIALLY, OR WITHDRAWN AFTER COMMERCIAL RELEASE. THE BETA SOFTWARE IS PROVIDED “AS IS” WITHOUT WARRANTY OF ANY KIND, INCLUDING WITHOUT LIMITATION, ANY WARRANTY AS TO PERFORMANCE, NON-INFRINGEMENT OF THIRD PARTY RIGHTS, MERCHANTABILITY, OR FITNESS FOR A PARTICULAR PURPOSE. THE ENTIRE RISK ARISING OUT OF THE USE OR PERFORMANCE OF THE BETA SOFTWARE REMAINS WITH LICENSEE. IN NO EVENT SHALL ABOARD BE LIABLE FOR ANY DAMAGE WHATSOEVER ARISING OUT OF THE USE OF OR INABILITY TO USE THE BETA SOFTWARE, INCLUDING WITHOUT LIMITATION, ANY DIRECT, INDIRECT, CONSEQUENTIAL, EXEMPLARY, SPECIAL, INCIDENTAL OR PUNITIVE DAMAGES, OR DAMAGES FOR LOST DATA OR LOST PROFITS, EVEN IF ABOARD HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
- INDEMNITY. Licensee agrees to indemnify and hold Aboard, its officers, directors and employees harmless from any losses (including attorneys’ fees) that result from any third party claims related to Licensee’s (or its users) access, use or misuse of the Beta Software, or any act or omission by Licensee or its users in violation of this Agreement.
- REFERENCE. Upon completion of the Beta testing period, Aboard may request Licensee to provide material, statistics, or information that is not deemed confidential to Licensee’s business for use in press releases, customer testimonials, and as a reference in marketing and sales initiatives by Aboard.
- PRODUCT SUPPORT. Licensee acknowledges that Aboard is under no obligation to provide (a) technical support under the terms of this Agreement, (b) to continue to develop, productize, support, repair, offer for sale or in any other way continue to provide or develop Beta Software either to Licensee or to any other party, and (c) provides no assurance that any specific errors or discrepancies in the Beta Software will be corrected.
- EXPIRATION. Licensee’s rights with respect to the Beta Software will expire upon the generally available commercial release of the Beta Software. Either party may terminate this Agreement at any time with or without reason by providing advance written notice. Upon any expiration or termination of this Agreement, the rights and licenses granted under this Agreement shall immediately terminate. Licensee participation privileges may be terminated immediately without written notice upon failure to comply with any of the terms and conditions of this Agreement or failure to provide reasonable feedback in a timely manner.
- ENTIRE AGREEMENT; MODIFICATION. This Agreement constitutes the entire and only agreement between the parties for Beta 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.
- GOVERNING LAW. This Agreement shall be governed, construed and enforced in accordance with the laws of the state of New York.