BETA TEST AGREEMENT
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.
This BETA TEST AGREEMENT (the “Agreement”) is by and between Logitech Europe S.A. and its affiliates (collectively, “Logitech”) and you (“Licensee” or “You”).
- “Beta Product” shall mean those products, software, services, and/or features that are designated as beta or pre-release versions of Logitech or a Logitech partner and are provided to You during the term hereof.
- License. Logitech 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.
- 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 Logitech or Logitech’s partners. Except for those rights expressly granted herein, no other rights are granted, either express or implied, to You.
- Confidentiality. The Beta Product, the fact of its existence, all accompanying documentation, and all information disclosed by Logitech to You hereunder or otherwise in connection with the Beta Product, including without limitation performance data, features and other information relating to or obtained from the Beta Product, is “Confidential Information” of Logitech. 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.
- Termination. This Agreement shall terminate upon the release by Logitech of a publicly available version of the Beta Product. Logitech does not guarantee that any such publicly available version will be released.
- 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. LOGITECH SPECIFICALLY DISCLAIMS ALL IMPLIED WARRANTIES OF MERCHANTABILITY, NONINFRINGEMENT, AND FITNESS FOR A PARTICULAR PURPOSE.
- THE TOTAL LIABILITY OF LOGITECH ARISING OUT OF OR RELATED TO THIS AGREEMENT SHALL NOT EXCEED $100. IN NO EVENT SHALL LOGITECH 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 California 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 Logitech. 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.