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Product____________________________________
Disclosure Date:_______________________________
IF YOU DECLINE THE AGREEMENT, YOU ARE NOT LEGALLY LICENSED TO USE
THE BETA. If you decline, you must promptly return all materials, including
software on disks
or other media, manuals, and any other literature and supplies concerning the Beta,
which you
received from PowerQuest.
Copies. PowerQuest will provide you with one copy of each Beta. You are
responsible for
providing all computer and other facilities needed to evaluate the Beta(s). You
may use a Beta
only on your personal computer systems ("System") and only according to this
Agreement and
the instructions supplied in Beta documentation. You may copy a Beta partially or
completely
only to personally test the Beta on the System or to include in your report(s) to
PowerQuest and
your published review. No other right to reprint or copy any Beta in whole or in
part is granted.
Each copy must contain PowerQuest's patent, copyright, and trademark notices and
other
proprietary legends; this includes partial copies. You may not transfer this
Agreement or its
license to another or sublicense another without prior written permission from
PowerQuest, and
any attempt to do so is null and void. All rights not expressly granted to you in
this Agreement
are reserved entirely to PowerQuest.
No source code license. This license does not grant access to or provide any
rights in source
code. The Beta software may be used only in binary executable form. You may not
disassemble, decompile, or in any way reverse engineer any Beta. While you may not
modify or
enhance a Beta in any way, PowerQuest welcomes your suggestions for modifications
to the
Product.
Termination. Your license to a particular Beta ends as soon as one or more of the
following
events occur:
(a) the Product is authorized for general release by PowerQuest;
(b) You violate any part of this Agreement;
(c) DISABLING CODE placed in the particular Beta software by PowerQuest disables
previously available features of the Beta software;
(d) You destroy all copies of the particular Beta's components in your possession,
custody, or
control; or
(e) PowerQuest decides to terminate this Agreement and does so by sending written
(electronic
or paper) notice to your last known address. PowerQuest may terminate the license
at any time,
with or without cause.
Your license to every Beta ends as soon as one or more of the following events
occur:
(a) You violate any part of this Agreement;
(b) You destroy all copies of all Beta components in your possession, custody, or
control; or
(c) PowerQuest decides to terminate this Agreement and does so by sending written
(electronic
or paper) notice to your last known address. PowerQuest may terminate the license
at any time,
with or without cause.
You agree not to divulge any such Confidential Information to any third party
before the
applicable Disclosure Date without prior written approval from PowerQuest. For
instance, you
agree not to sell, transfer, publish, disclose, display, or otherwise make
available the Beta or
copies of the Beta or any other Confidential Information in any form before the
applicable
Disclosure Date, including but not limited to flow charts, logic diagrams, object
codes, source
codes and technical documentation, to anyone (including other beta testers) without
prior written
approval from PowerQuest. After the Disclosure Date for a given Beta, you may
publish or
otherwise disclose information about that Beta as you see fit, provided (a) the
information is not
subject to confidentiality under some other agreement or obligation, including
without limitation
a delay in the applicable Disclosure Date to which you have agreed, and (b) the
information is
not false or misleading.
You also agree to secure and protect each Beta and all copies in a way that
protects PowerQuest's
rights. For instance, you agree to take appropriate action by instruction or
agreement with your
employees, editors, and coworkers who are permitted access to the Beta(s) under
this Agreement.
In particular, employees, editors, and coworkers who will receive access to the
Beta(s) shall
agree to the conditions of this Agreement before being given access.
Publication Right. To the extent that your published review or your personal notes
for that
review are original with you, PowerQuest makes no claim of authorship or ownership.
Ownership. The Product(s) and Beta(s) and all copies, and all information relating
to them
provided by PowerQuest, are the property of PowerQuest. All applicable rights in
copyrights,
trademarks, trade secrets and other intellectual property rights in the Product(s)
and Beta(s) and
any modifications, are and will be owned entirely by PowerQuest. Reports which are
made
solely to PowerQuest and not intended for publication are works made for hire
and/or will be
assigned to PowerQuest. All content accessed through the Beta(s) is the property
of the
applicable content owner and may be protected by copyright law or other laws. This
Agreement
gives you no rights to such content.
Backups. Because each Beta is experimental, you should not assume a Beta will
operate without
interruption or error. In particular, you have the sole responsibility for
adequate protection and
backup of any data used in connection with any Beta.
Commercial Release. All decisions about any commercial release of any Product lie
solely with
PowerQuest, including without limitation all decisions regarding the existence,
pricing, features,
specifications, licensing terms, release dates, general availability and/or other
characteristics of
any commercial release. Neither party, by virtue of this Agreement, is authorized
as an agent,
employee or legal representative of the other.
Export. You may not download or otherwise export or re-export any Beta or any
underlying
information or technology in violation of any export provisions of the United
States or any other
applicable jurisdiction, including without limitation the Export Administration Act
of 1979 and
related regulations.
Miscellaneous. This Agreement is the entire agreement between you and PowerQuest
and
replaces all prior agreements on the subject matter discussed here. Headings are
for emphasis
and not necessarily comprehensive. The Agreement may not be changed except by a
writing that
is accepted by the party against whom the change would be enforced. Even if part
of this
Agreement is held legally invalid, the rest of the Agreement is enforceable. The
failure of either
party to exercise a right does not waive future exercise of that right or other
rights. Your only
remedies are those listed in this Agreement. This Agreement is governed by the
laws of the State
of Utah and the United States. Any disputes arising under the Agreement shall be
heard only in
the state and federal courts having jurisdiction over Utah. Facsimile copies shall
be binding to
the same extent as otherwise signed originals.
Beta Tester
Name:______________________________
Title:_______________________________
Company:___________________________
Email Address:_______________________
Address:____________________________
___________________________________
___________________________________
___________________________________
Phone Number:______________________
Signature:___________________________
Date:_______________________________
PowerQuest
Company:___________________________
Title:_______________________________
Name:______________________________
Signature:___________________________
Date:_______________________________