Beta Program Agreement

Hutch Beta Program Agreement

TERMS AND CONDITIONS

Scope of this Agreement

The Software-Product accompanying this Agreement as a pre-release copy and all affiliated materials, including documentation and information (collectively the “Product”), is copyrighted. Scope of this agreement is the licensing (not selling) of the “Product” to You, as the ‘user’ (either an individual or an entity). Everbreed, LLC / Hutch (“the Company”) serves all rights not expressly granted.

Eligibility and Enrollment

Please read and agree to the following terms and conditions, if you wish to be eligible to participate in the Closed Beta Testing. However, we do not guarantee that you will be selected to participate in the Beta Testing.

BY SELECTING THE “ACCEPT” BUTTON, YOU ACKNOWLEDGE THAT: (1) YOU ARE 13 YEARS OF AGE OR OLDER, AND IF YOU ARE BETWEEN AGE 13 and 18, YOU HAVE OBTAINED CONSENT FROM YOUR PARENT OR GUARDIAN; AND (2) YOU HAVE READ, UNDERSTOOD, AND ACCEPTED THE TERMS AND CONDITIONS OF THIS AGREEMENT.

Copyrights and Ownership

Title to the Product and all copies thereof remain with the Company and/or its suppliers. The Product is copyrighted and is protected by United States copyright laws and international treaty provisions. Licensee will not remove copyright notices from the Product. Licensee agrees to prevent any unauthorized copying of the Product. Except as expressly provided herein, the Company does not grant any express or implied right to you under the Company patents, copyrights, trademarks, or trade secret information.

License and Acceptable Use

Limited License. You are entitled to access, download or install, and operate the Product solely for the purposes of performing your obligations under this Agreement. You may not sell, license, or transfer the Product, or reproductions of the Product to other parties In any way. You may download or Install, and operate the Product on Android or iOS devices linked to the email address provided on sign-up.

Disclaimer of Liability and Warranties

Limitation on Liability Provision of any Product under this Agreement is experimental and shall not create any obligation for the Company to continue to develop, productize, support, repair, offer for sale or in any other way continue to provide or develop Software either to Licensee or to any other party. THE PRODUCT IS PROVIDED “AS IS” WITHOUT ANY EXPRESS OR IMPLIED WARRANTY OF ANY KIND INCLUDING WARRANTIES OF MERCHANTABILITY OR FITNESS FOR ANY PARTICULAR PURPOSE. IN NO EVENT SHALL THE COMPANY OR ITS SUPPLIERS BE LIABLE FOR ANY DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF PROFITS, BUSINESS INTERRUPTION, LOSS OF INFORMATION) ARISING OUT OF THE USE OF OR INABILITY TO USE THE PRODUCT, EVEN IF THE COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

Term and Termination

Unless otherwise terminated as specified under this Agreement, Beta Tester’s rights with respect to the Product will terminate upon the earlier of (a) the initial commercial release by the Company of a generally available version of the Product or (b) automatic expiration of the Product based on the system date. Either party may terminate this Agreement at any time for any reason or no reason by providing the other party advance written notice thereof. The Company shall immediately terminate this Agreement and any Beta Tester rights with respect to the Product without notice in the event of improper disclosure of the Company’s Product as specified under the Confidentiality section below. Upon any expiration or termination of this Agreement, the rights and licenses granted to Beta Tester under this Agreement shall immediately terminate, and Beta Tester shall immediately cease using, and will return to the Company (or, at the Company’s request, destroy), the Product, Documentation, and all other items in Beta Tester’s possession or control that are proprietary to or contain Confidential Information.

Beta Tester Duties

Beta Tester agrees to report any flaws, errors or imperfections discovered in any software or other materials where Beta Tester has been granted access to the Beta Test. Beta Tester understands that prompt and accurate reporting is the purpose of the Beta Tests and undertakes to use best efforts to provide frequent reports on all aspects of the product both positive and negative and acknowledges that any improvements, modifications and changes arising from or in connection with the Beta Testers contribution to the Project, remain or become the exclusive property of the Company.

Confidentiality

The Beta Tester will not disclose the Product or any comments regarding the Product to any third party without the prior written approval of the Company. The Beta Tester will maintain the confidentiality of the Product with at least the same degree of care that you use to protect your own confidential and proprietary information, but not less than a reasonable degree of care under the circumstances. The Beta Tester will not be liable for the disclosure of any confidential information which is:
(a.) in the public domain other than by a breach of this Agreement on Beta Tester’s part; or (b.) rightfully received from a third party without any obligation of confidentiality; or (c.) generally made available to third parties by the Company without restriction on disclosure.”

Support and Maintenance

During your participation in the Beta Program, the Company is not obligated to provide you with any maintenance, technical or other support for the Pre-Release Software. You acknowledge that the Company has no express or implied obligation to announce or make available a commercial version of the Pre-Release Software to anyone in the future. Should a commercial version be made available, it may have features or functionality that are different from those found in the Pre-Release Software licensed hereunder.

Privacy Policy

The Company’s Privacy Policy (available at https://barntrax.com/privacy/) applies to the Beta Program and the Beta Software. You acknowledge and agree that by participating in the Beta Program or by using the Beta Software, Everbreed may receive certain information about you. including personally identifiable information and you hereby consent to the Company’s collection, use and disclosure of such information in accordance with the Privacy Policy.

Modification

This is the entire agreement between the parties relating to the subject matter hereof and all other terms are rejected. No waiver or modification of this Agreement shall be valid unless in writing signed by each party. The waiver of a breach of any term hereof shall in no way be construed as a waiver of any term or other breach hereof. 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.

No Assignment

This Agreement is personal to the Beta Tester. The Beta Tester shall not assign or otherwise transfer any rights or obligations under this Agreement.

Severability

If any provision of this Agreement shall be found by a court to be void, invalid or unenforceable, the same shall be reformed to comply with applicable law or stricken if not so conformable, so as not to affect the validity or enforceability of this Agreement.

Choice of Law and Disputes

For other than the U.S. Government as a party, this Agreement shall be governed by and construed in accordance with the laws of the State of Wyoming. as If performed wholly within the state and without giving effect to the principles of conflict of law rules of any jurisdiction or the United Nations Convention on Contracts for the International Sale of Goods, the application of which is expressly excluded. Any legal action or proceeding arising under this Agreement will be brought exclusively in the federal or state courts located in Sheridan, Wyoming and the parties hereby consent to personal Jurisdiction and venue therein.

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