Beta Testing Signup

HELP WANTED

Help us test and improve new Apteryx applications. The hard work is done, and now its time to refine and add features you believe should be included. Our only requirement from our testers is FEEDBACK. If you request a copy for beta testing, you must respond with accolades and/or criticisms. We are looking for detailed critiques here.

ALL INFORMATION IS REQUIRED

CONTACT INFO
Name		Company
Email		Address
Phone		City
I am a ... End User VAR Installer / Tech Consultant		State
		ZIP
		Country

AVAILABLE BETA SOFTWARE
	Please sign me up on the beta testing email list for future tests.
	NO BETA TESTS ACTIVE AT THIS TIME

BETA VERSION COMPUTER SOFTWARE NON-EXCLUSIVE LICENSE AGREEMENT Grant of License The Licensee is granted a non-exclusive, nontransferable, royalty-free license with respect to the pre-release of the software marked above in this document (hereinafter “Beta Software”) solely for Licensee’s own use sufficient for the purpose of testing the Beta Software. The Beta Software shall not be copied, modified, reproduced, distributed to, or used by third parties. All other rights in the Beta Software are reserved to Apteryx. The rights granted to Licensee by this Agreement shall not be assigned, subleased, sublicensed, franchised, sold, offered for sale, encumbered, or otherwise transferred or disposed of by Licensee. Licensee further agrees not to reverse engineer or decompile the Beta Software. Apteryx shall retain title and ownership rights to the Beta Software, and this Agreement shall not be construed in any manner as transferring any rights of ownership to the Beta Software or to the features or information therein, and nothing contained in this Agreement shall be construed as creating a joint venture, partnership, or employment relationship between the parties, nor shall either party have the right, power, or authority to create any obligation or duty, express or implied, on behalf of the other. Use of trademarks in correspondence with the software or printed material does not give you any rights of ownership on or the use of those trademarks. You will hold in confidence all knowledge obtained about the product, trade secrets or otherwise. You may not modify, adapt, translate, rent, lease, load, resell for profit, distribute, or create derivative works based upon the Beta Software or any part thereof. Evaluation of Beta Software Licensee agrees to provide an evaluation of the Beta Software to Apteryx relating to the usability and durability of the Beta Software, “bugs” and other defects found in the course of Licensee’s use of the Beta Software, all test results relating to the Beta Software, and other feedback information relating to the performance of the Beta Software. All evaluation information provided by Licensee to Apteryx shall be the sole property of Apteryx any may be used by Apteryx for any purpose whatsoever. Apteryx does not warrant that changes and/or corrections will be made to the Beta Software based upon Licensee’s evaluation. Term The term of this Agreement shall commence immediately upon Licensee’s receipt of the Beta Software, whether receive in diskette form or downloaded by Licensee from Apteryx’s computers, and shall continue for a period of at least two weeks. Apteryx reserves the right to terminate this Agreement at any time, with or without cause upon notice of Licensee in writing. Upon any termination of this Agreement by Apteryx, Licensee shall promptly return to Apteryx all Beta Software, hardware and any related materials provided to Licensee by Apteryx. Maintenance of the Beta Software Apteryx is not obligated to provide maintenance, updates, or any commercial release products to Licensee with respect to any Beta Software licensed under this Agreement. Confidential Information It is expressly understood and agreed that the Beta Software constitutes a valuable proprietary product and trade secrets of Apteryx, embodying substantial creative efforts and confidential information, ideas, and copyrighted expression thereof. Licensee agrees to observe complete confidentiality with respect to all aspects of the Beta Software, and agrees not to disclose or provide any of the Beta Software, related materials and information, or any evaluation and feedback information to any third part without Apteryx’s express written permission. Nothing in this agreement shall prevent Licensee from disclosing any confidential information as is set forth above, in accordance with a judicial or other governmental order, provided Licensee gives Apteryx reasonable notice prior to such disclosure and complies with any applicable protective order. This provision shall survive the termination or expiration of this Agreement. Disclaimer or Warranties Beta Software is deemed accepted by Licensee immediately upon Licensee’s receipt of the Beta Software though downloading or otherwise, and is confirmed upon Licensee’s use of the Beta Software. Licensee acknowledges that the Beta Software has not been fully tested and that the Beta Software constitutes pre-release computer code and may be changed substantially before the first commercial release. THE BETA SOFTWARE IS PROVIDED “AS IS” WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, APTERYX SHALL NOT, UNDER ANY CIRCUMSTANCES, BE LIABLE TO LICENSEE FOR CONSEQUENTIAL, INCIDENTAL, INDIRECT, OR SPECIAL DAMAGES, INCLUDING WITHOUT LIMITATION DAMAGES ARISING OUT OF OR IN CONJUNCTION WITH ANY MALFUNCTIONS, DELAYS, LOSS OF DATA, LOSS OF PROFIT, INTERRUPTION OF SERVICE, LOSS OF BUSINESS, OR ANTICIPATORY PROFITS, EVEN IN APTERYX OR APTERYX’S AUTHORIZED REPRESENTATIVE HAS BEEN APPRISED OF THE LIKELIHOOD OF SUCH DAMAGES OCCURRING.

By submitting this form to Apteryx, Inc. for the purpose of registering as a BETA TESTER, you agree to all the terms and conditions set forth in this document including the license agreement in the box above.

I AGREE TO THE TERMS OF THE BETA VERSION COMPUTER SOFTWARE NON-EXCLUSIVE LICENSE AGREEMENT ABOVE

Beta Testing Signup

HELP WANTED

ALL INFORMATION IS REQUIRED

CONTACT INFO

I am a ...

AVAILABLE BETA SOFTWARE

Please sign me up on the beta testing email list for future tests.

©2002 Apteryx, Inc. All rights reserved.

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