Back to HomeBETA TESTING TERMS OF SERVICE
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 ACCESSING OR USING THE BETA SERVICE, YOU ARE CONSENTING TO BE BOUND BY THIS AGREEMENT.
This Beta Test Agreement (the “Agreement”) is by and between K3 Labs, Inc. and its affiliates (collectively, “K3 Labs”) and you (“Licensee” or “You”).
1. “Beta Service”
Shall mean those products, software, services, and/or features that are designated as Beta or pre-release versions of the K3 Labs Platform and are provided to You during the term hereof. The Beta Service may contain bugs, errors, and other problems. You assume all risks and all costs associated with Your use of the Beta Service, including, without limitation, any Internet access fees, back-up expenses, costs incurred for the use of Your device and peripherals, lost profits, losses due to failed or defective transactions, any damage to equipment, software, information or data, and any other damages or losses that may arise from the Beta Service. K3 Labs is not obligated to provide any maintenance, technical or other support for the Beta Service.
2. License
K3 Labs grants to You a non-exclusive, non-transferable, non-sublicensable license to use the Beta Service solely for the purposes of testing, research, and evaluation of the Beta Service by K3 Labs. You shall not modify, disassemble, decompile, reverse engineer, rent, lease, loan, transfer, or make copies of the Beta Service. You agree to only use the Beta Service in accordance with the K3 Labs Terms of Service and Privacy Policy. The K3 Labs Terms of Service are incorporated by reference and will control for any provisions not addressed in this Agreement.
3. Ownership
All title, interest, and ownership rights in and to the Beta Service and associated documentation, including any improvements, modifications, and enhancements made thereto, are and shall remain in K3 Labs or K3 Labs’s partners. Except for those rights expressly granted herein, no other rights are granted, either express or implied, to You.
4. Confidentiality
The Beta Service, the fact of its existence, all accompanying documentation, and all information disclosed by K3 Labs to You hereunder or otherwise in connection with the Beta Service, including without limitation this Agreement, performance data, features and other information relating to or obtained from the Beta Service, is “Confidential Information” of K3 Labs. 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.
5. Modification and Termination
K3 Labs reserves the right to modify or terminate the Beta Service, or Your use thereof, to limit or deny access to the Beta Service, at any time, in our sole discretion, for any reason, with or without notice and without liability to You. This Agreement shall terminate upon the earlier of (1) termination of this Agreement by K3 Labs, for any reason or no reason, by written notice to You, (2) termination of the provision of the Beta Services to You, and (3) the release by K3 Labs of a publicly available version of the Beta Service. Your breach of any of Your obligations under this Agreement may result in Your immediate termination from use of the Beta Service. K3 Labs does not guarantee that any such publicly available version will be released.
6. Data & Feedback
Data & Feedback. You agree that K3 Labs may obtain information and data from You in connection with Your registration, installation, and use of the Beta Service including, without limitation, personal information. K3 Labs may also collect and process technical and performance information about Your use of the Beta Service and use this information to support and troubleshoot issues, provide updates, analyze trends and improve K3 Labs products or services. K3 Labs shall be allowed to use such data and share such data with K3 Labs partners for the program purposes. You hereby consent to K3 Labs processing and transferring this information, including, if any, personal information, in conformity with the K3 Labs Privacy Policy, as updated from time to time. Further, You shall provide feedback to K3 Labs concerning the functionality and performance of the Beta Service from time to time as reasonably requested by K3 Labs, including, without limitation, identifying potential errors and improvements. You will also be invited to complete surveys regarding the Beta Service, which You agree to complete honestly and promptly. Feedback provided to K3 Labs through any of the foregoing methods in connection with the Beta Service may be used by K3 Labs and its partners to improve or enhance products, services and/or features and, accordingly, K3 Labs shall own such feedback, and all rights therein, without restriction, and You shall have no rights, express or implied, thereto.
8. THE BETA SERVICE MAY CONTAIN ERRORS AND IS PROVIDED FOR LIMITED EVALUATION ONLY
THE BETA SERVICE IS PROVIDED “AS IS” WITHOUT WARRANTY OF ANY KIND, WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE. K3 LABS SPECIFICALLY DISCLAIMS ALL IMPLIED WARRANTIES OF MERCHANTABILITY, NONINFRINGEMENT, AND FITNESS FOR A PARTICULAR PURPOSE.
9. Liability
THE TOTAL LIABILITY OF K3 LABS ARISING OUT OF OR RELATED TO THIS AGREEMENT SHALL NOT EXCEED $100. IN NO EVENT SHALL K3 LABS 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.
10. Miscellaneous
This Agreement shall be governed by the laws of Delaware 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 K3 Labs. 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.