T&C for Beta Testers
Divi Den Beta Testing Programme Terms and Conditions
The terms and conditions below are of application to all those who sign up as beta testers of our Plug-ins. If you are going to participate in our beta testing programme, please read the terms below carefully. If the meaning or intention of a clause in the contract is unclear, please get in touch with us for clarification. By participating in our programme you are accepting the terms below.
These terms are not applicable to any final, non-beta versions of any mobile application or plug-in product released by Divi Den.
BETA TESTING PROGRAMME TERMS AND CONDITIONS
THIS AGREEMENT is made by and between Yeah Can Design Studio who owns the online store at Divi Den (“we”, “Divi Den” or the “Company”), and You (“you”, “Licensee” or the “User”).
GENERAL TERMS AND CONDITIONS
Divi Den has developed a plug-in, including modifications, enhancements, improvements, updates, additions, derivative works, documentation and related material (“plug-in”).
Divi Den desires that the Plug-in be tested prior to general release.
Licensee wishes to serve as a Beta tester for such Plug-in;
The parties hereto agree as follows:
Divi Den reserves the right to modify or terminate the Plug-in or your access to the Plug-in or the participation in our beta testers programme for any reason, without notice, at any time, and without liability to you.
Divi Den grants to the Licensee a non-exclusive, non-transferable license to use the Plug-in on a single computer at Licensee’s business location solely for Beta testing and Beta use from effective date of agreement to 45 days after official release date of the products(s) or other date as advised by Divi Den from time to time, subject to the terms and conditions below.
In consideration for receiving a copy of the Plug-in for testing, Licensee agrees to serve as a “Beta Tester” for the Plug-in and will notify Divi Den of all problems and ideas for enhancements which come to Licensee’s attention during the period of this Agreement, and hereby assigns to Divi Den all right, title and interest to such enhancements and all property rights therein including without limitation all patent, copyright, trade secret, mask work, trademark, moral right or other intellectual property rights.
Licensee agrees that the Plug-in is the sole property of Divi Den and includes valuable trade secrets of Divi Den. Licensee agrees to treat the Plug-in as confidential and will not without the express written authorization of Divi Den:
Demonstrate, copy, sell or market the Plug-in to any third party; or
Publish or otherwise disclose information relating to performance or quality of the Plug-in to any third party; or
Modify, reuse, disassemble, decompile, reverse engineer or otherwise translate the Plug-in or any portion thereof.
The Plug-in is prerelease code and is not at the level of performance or compatibility of a final, generally available product offering. The Plug-in may not operate correctly and may be substantially modified prior to first commercial shipment, or withdrawn. The Plug-in is provided “AS IS” without warranty of any kind. The entire risk arising out of the use or performance of the Plug-in remains with Licensee. In no event shall Divi Den be liable for any damage whatsoever arising out of the use of or inability to use the Plug-in, even if Divi Den has been advised of the possibility of such damages.
The Licensee upon completion of the Beta test agrees to provide material, statistics, or information that is not deemed confidential to Licensee for use in press releases, customer testimonials, and as a reference in marketing and sales initiatives by Divi Den. Licensee will provide a quote to Divi Den that may be used in a press release.
This License Agreement shall be governed, construed and enforced in accordance with the laws of Germany. Any notice required by this Agreement shall be given by prepaid, first class, certified mail, return receipt requested to above address or such other address as may be given from time to time under the terms of this notice provision.
This Agreement constitutes the entire and only agreement between the parties for the Plug-in and all other prior negotiations, representations, agreements, and understandings are superseded hereby. No agreements altering or supplementing the terms hereof may be made except by means of a written document signed by the duly authorized representatives of the parties.
Licensee shall comply with all applicable federal, state and local laws, regulations, and ordinances in connection with its activities pursuant to this Agreement.
Failure of Divi Den to enforce a right under this Agreement shall not act as a waiver of that right or the ability to later assert that right relative to the particular situation involved.
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
The information you send us will be deemed confidential, except as specified in clause 5. Divi Den will make reasonable efforts to keep such information private, and will not sell it or disclose it to third parties, except with service providers as described in the privacy policy of our website, or when required to do so by law.
Divi Den reserves the right to update these terms and conditions without prior notice. You agree that we may notify you of the Updated Terms by posting them on our website, and that your use of the Plug-in after the effective date of the Updated Terms constitutes your agreement to the Updated Terms. Therefore, you should review these Terms of Use and any Updated Terms before using the Plug-in. The Updated Terms will be effective as of the time of posting, or such later date as may be specified in the Updated Terms, and will apply to your use of the Plug-in from that point forward. These Terms of Use will govern any disputes arising before the effective date of the Updated Terms.
