Date: August 2, 2023
- These Beta Service Terms describe the additional terms and conditions under which you may be invited by us to access and use certain features, technologies, and services made available to you by us that are not yet generally available (each, a “Beta Service”) for your internal use. You must comply with all terms related to any Beta Service as posted on the ActivTrak website available at https://www.activtrak.com (or any successor links), or otherwise made available to you, and you agree to comply with the ActivTrak Terms of Use (including any additional terms or policies defined and referenced therein) and the ActivTrak Acceptable Use Policy which are both hereby incorporated by reference into these Beta Service Terms. We may add or modify terms related to access to or use of any Beta Services at any time. By using the Beta Service, you agree to provide us with information relating to your access, use, testing, or evaluation of Beta Services, including feedback or information regarding the performance, features, and functionality of Beta Services (“Beta Feedback”). We will own and may use and evaluate all Beta Feedback for our own purposes and such Beta Feedback is considered our confidential information. You will not use any Beta Feedback except for your internal evaluation purposes of any Beta Service.
- The Beta Services, including the text, graphics, images, photographs, videos, illustrations, and other content contained therein, and all intellectual property rights therein and thereto, are owned by us or our licensors and are protected under both United States and foreign laws. Except as explicitly stated in these Beta Service Terms, all rights in and to the Beta Services, including all intellectual property rights therein and thereto, are reserved by us or our licensors.
- You will not use our Beta Service if you are not eligible to use our Beta Service in accordance with these Beta Service Terms and you will not use our Beta Service other than for their intended purpose. Further, you will not, in connection with our Beta Service:
- Copy, reproduce, distribute, publicly perform, or publicly display all or portions of our Beta Service, except as expressly permitted by us or our licensors;
- Modify our Beta Service, remove any proprietary rights notices or markings, or otherwise make any derivative works based upon our Beta Service;
- Use our Beta Service in any manner that could interfere with, disrupt, negatively affect, or inhibit other users from fully enjoying our Beta Service or that could damage, disable, overburden, or impair the functioning of our Beta Service in any manner; or
- Reverse engineer any aspect of our Beta Service or do anything that might discover or reveal source code, or bypass or circumvent measures employed to prevent or limit access to any part of our Beta Service.
Enforcement of these restrictions is solely at our discretion, and failure to enforce any restriction in some instances does not constitute a waiver of our right to enforce it in other instances.
- We will have the right to collect and analyze data and other information relating to the provision, your use, and the performance of various aspects of the Beta Service and related systems and technologies (including, without limitation concerning the data you share with the Beta Service and data derived therefrom), and we will be free (during and after the term hereof) to use such information and disclose such data. Following the termination of your access to or use of the Beta Services, you may request that we provide with such information and such data.
- We may suspend or terminate your access to or use of any Beta Service at any time. Your access to and use of each Beta Service will automatically terminate upon the release of a generally available version of the applicable Beta Service or upon notice of termination by us. After suspension or termination of your access to or use of any Beta Service you will not have any further right to access or use the applicable Beta Service.
- WITHOUT LIMITING ANY DISCLAIMERS IN ANY AGREEMENT BETWEEN YOU AND US, BETA SERVICES ARE NOT READY FOR GENERAL COMMERCIAL RELEASE AND MAY CONTAIN BUGS, ERRORS, DEFECTS, HARMFUL COMPONENTS, OR MAY CAUSE UNINTENDED BEHAVIOR. ACCORDINGLY, AND NOTWITHSTANDING ANYTHING TO THE CONTRARY IN ANY AGREEMENT BETWEEN YOU AND US, WE PROVIDE BETA SERVICES TO YOU “AS IS.” WE AND OUR LICENSORS MAKE NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE REGARDING BETA SERVICES, INCLUDING ANY WARRANTY THAT THE BETA SERVICES WILL BECOME GENERALLY AVAILABLE, BE UNINTERRUPTED, ERROR FREE, OR FREE OF HARMFUL COMPONENTS, OR THAT ANY CONTENT, INCLUDING YOUR CONTENT, WILL BE SECURE OR NOT OTHERWISE LOST OR DAMAGED. EXCEPT TO THE EXTENT PROHIBITED BY LAW, WE AND OUR LICENSORS DISCLAIM ALL WARRANTIES, INCLUDING ANY IMPLIED WARRANTIES OF MERCHANTABILITY, SATISFACTORY QUALITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, OR QUIET ENJOYMENT, AND ANY WARRANTIES ARISING OUT OF ANY COURSE OF DEALING OR USAGE OF TRADE. WE AND OUR LICENSORS’ AGGREGATE LIABILITY FOR ANY BETA SERVICES WILL BE LIMITED TO THE LOWER OF: (A) THE AMOUNT YOU ACTUALLY PAY US UNDER USE OF THE BETA SERVICES THAT GAVE RISE TO THE CLAIM DURING THE 12 MONTHS PRECEDING THE CLAIM OR (B) ONE HUNDRED DOLLARS ($100.00).