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.
Content Restrictions. The term "Content" includes all communications, text, audio, video, graphics, sounds and other material. You shall not use the Beta Product to transmit, share or post any inappropriate content or materials, including without limitation materials containing viruses or other harmful code; unsolicited mail (spam); copyrighted materials to which You do not have appropriate rights; sexually explicit images, pornography or other content which is offensive to community standards or harmful to minors; harassing, harmful, unlawful, vulgar, obscene, hateful, tortious or defamatory materials; may infringe the intellectual property rights or other rights of third parties, including trademark, copyright, trade secret, patent, publicity right or privacy right; or other materials prohibited by applicable international, federal, state or local laws and regulations. You agree to fully comply with all federal, state and local privacy laws in connection with use of the Services. Logitech shall have the right, but not the obligation to access your use of the Services. If Logitech becomes aware that You are using the Services to transmit any other Content which Logitech considers inappropriate, Logitech may notify You to advise that transmission of such Content is prohibited. The prohibitions set out in this section will apply to such Content immediately upon such notification. Logitech shall also have the right to block or disable your use of the Services in the event of any breach of these restrictions. Such action may be immediate without notice.
Links. The Beta Product may provide links to third party websites (“sites”) or resources. Because Logitech has no control over such sites and resources, you acknowledge and agree that Logitech is not responsible for the availability of such external sites or resources, and does not endorse and is not responsible or liable for any content, advertising, products, or other materials on or available from such sites or resources. You further acknowledge and agree that Logitech shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or services available on or through any such site or resource. It is your responsibility to comply with any terms and conditions applicable to these third party sites or resources.
You also agree that your written feedback may be used by Logitech in connection with marketing and promoting the Beta Product, including when the Beta Product is publicly launched. You hereby irrevocably authorize Logitech to copy, exhibit, publish or distribute extracts of your written feedback, such as quotes, on a worldwide basis in perpetuity for purposes of marketing or promoting the Beta Product as specified below. The rights granted herein include the right for Logitech to use extracts of your written feedback in all media at both retail and online distribution levels, including through multi-tiered distribution channels and the right for Logitech to permit the use of such rights by its customers when using Logitech marketing materials in relation to the Beta Product. You agree that you will make no monetary or other claims against Logitech for such use. The elements that Logitech may cite in relation to the written feedback are a written quote, your first name and country of residence.
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.
6.1 Unless terminated earlier, this Agreement shall expire latest 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.
6.2 You may with immediate effect terminate this Agreement by written notice to Logitech.
6.3 You agree that Logitech may, in its sole discretion and without prior notice, terminate this Agreement and your access to the Beta Product and/or block your future access to the Beta Product if we determine that You have violated this Agreement or other agreements or guidelines that may be associated with your use of the Beta Product, or for other reasons that may include but are not limited to (1) requests by law enforcement or other government agencies, (2) a request by You to remove your account, (3) discontinuance or material modification of the Beta Product, or (4) unexpected technical issues or problems.
6.4 In the event this agreement is terminated, the restrictions regarding content appearing with the Beta Product, and the representations and warranties, indemnities, and limitations of liabilities set forth in this Agreement will survive termination.
6.5 You agree that Logitech will not be liable to you or to any third party for termination of your access to the Beta Product.