In consideration for your use of the software, services and any updates, customizations and/or enhancements, entitled ("Advanced Web Stats") provided by Caphyon ("The Company"), you ("Beta tester") agree to the following terms and conditions.
1. Beta tester feedback
As ("Beta tester"), you will be asked to provide us certain feedback and suggestions regarding your experiences while reviewing and evaluating the application or site feature(s).
Beta testers commit to provide us feedback and information. Testers are given access to the product during the beta testing period and asked to use and evaluate it, then provide feedback.
2. Ownership of Beta versions and materials
You understand and agree that the Beta version of ("Advanced Web Stats") and all other materials provided to you are confidential or proprietary information of ("The Company").
You agree as a condition of participating in the Beta Test to (i) not copy or reproduce the Beta version and confidential or proprietary information, (ii) safeguard the pre-release copy and confidential and proprietary information and prevent unauthorized access to, reproduction of, disclosure of and/or unauthorized use of, the pre-release copy and confidential and proprietary information, and (iii) fully comply with the terms and conditions of the Confidentiality Agreement.
Upon request, you agree to immediately return to ("The Company") all copies of the pre-release copy and confidential or proprietary information ("The Company") provided to you.
3. Free licenses
("The Company") reserves the right to evaluate and select ("Beta testers") that may receive free licenses when the Beta testing period ends.
4. Disclaimer of Warranty on Product
The beta testers must understand that the beta version is NOT the final version of the product and Caphyon does not guarantee the software as being without errors that may disrupt the computer operation and/or result in data loss. The beta version has been thoroughly tested, but may still contain bugs. It is available for all users, but recommended only for advanced users.
In consequence beta testers must have at all times a backup of Advanced Web Stats data. Caphyon bears no responsibility for any consequences arising out by using the beta version of Advanced Web Stats.
5. Confidential nature of Beta versions
The access to Beta version of Advanced Web Stats is restricted to prospective users who do not have a conflict of interest regarding information pertaining to applying for our product in beta release. The Beta version of our software is considered confidential, and all testers must sign the Caphyon Beta License Agreement before obtaining the Beta license.
Employees and affiliates of competitors to Advanced Web Stats are not eligible to test. Accessing information or obtaining materials pertaining to Advanced Web Stats pre-release software, its testing, or applying for its testing, and disclosing and/or using such information in any way that compromises the confidentiality of Caphyon information or compromises Caphyon's competitive position is strictly prohibited. Violations of these conditions will be civilly prosecuted to the maximum extent possible under law.
Explicitly, this bars from testing and further entry into this web site, persons involved in the development and/or production of competing products. IP Addresses and/or domain names of people accessing this web site are logged for verification.
6. Term/Termination
This Terms of Service will be effective from the time you click the "Submit" button until terminated. You may terminate this Terms of Service at any time by returning the materials sent to you and providing ("The Company") written notification of your termination by sending an email to awssupport at advancedwebstats dot com. Your account and participation privileges may be terminated immediately if you fail to comply with any of the terms and conditions of this Terms of Service or if you fail to provide reasonable feedback in a timely manner. ("The Company") also reserves the right to terminate your account or the Beta Test Program at any time with or without cause.
7. 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 "Submit" button you are once again representing that:
- You want to participate to Advanced Web Stats Beta testing Program
- You have read this entire Terms of Service
- You specifically agree to be bound by all of the above listed terms and conditions