Pre-release Software

Beta testing software is a great way to experience and help shape the development of new software programs. It often gives you access to tools you may need months before they are available to the general public, and it gives you a way to influence the development of that software by having direct access to the developers during the creation process.

This is your opportunity to try some great new software and to help shape the development of that software. With this opportunity, however, comes some responsibilities.

First, you must remember that this software is under development. The software is stable, but there is the possibility that not all functionality is in tact and that it may even crash. We don't think so, but that is where we need your input, ideas, and the diversity of your experience and equipment.

Second, you must realize that there is no telephone technical support for these products. Once the products are released, of course, APH's normal high quality support will become available.

Support and communication will take place in the form of email lists. Each product has its own list, and you should participate in the discussion on that list. The project leader and lead programmer for each product are members of the list for that product, and they actively participate in the discussion on that list. You will get instructions about how to download the software in the introduction message for that list.

Finally, you must agree to release APH of any liability related to the software.

Rewards

In addition to the obvious benefit of using some great new software, APH will provide from 20 to 40 free final releases of each program. We will determine who gets the free final release by the number of suggestions and features that actually effect the software development. All decisions are final, and you will be notified via email and the software delivery will occur electronically. To be eligible to receive a free package upon release, you must fill out an on-line questionnaire about the product.

Procedure

Each beta software package is fully functional with an expiration date, usually 3 months from the initial beta version.

Once you agree to the licensing and liability conditions, you will have access to download the software. Each package contains draft documentation, and you are encouraged to make suggestions about both the software and the documentation.

Agreement

IMPORTANT - READ CAREFULLY: This beta License Agreement (the "Agreement") is a legal contract between you (either an individual or a single entity) and American Printing House for the Blind ("APH") relating to the software product being tested, which includes computer software and, as applicable, associated media, printed materials, and electronic documentation (the "Software").

BY CLICKING THE [YES] BUTTON BELOW OR PRESSING THE ENTER KEY, OR BY INSTALLING, COPYING, OR OTHERWISE USING THE SOFTWARE, YOU AGREE TO BE BOUND BY THE TERMS OF THIS AGREEMENT. IF YOU DO NOT AGREE TO THE TERMS OF THIS AGREEMENT, DO NOT INSTALL OR USE THE SOFTWARE.

LICENSE TERMS

Following acceptance of this Agreement, APH grants you the nonexclusive right to install and use ten copies of the Software in accordance with the terms of this Agreement. These ten copies can be used either on an individual basis or in a network environment.

Use on a PC

You may install the copies on ten hard disks or other storage devices for ten computers, and you may access and use the Software at those locations. If you are an entity rather than an individual, you may authorize employees, students or others served by your organization to use the Software provided they are aware of and consent to the terms of this agreement.

Use on a Network

You may store, install and access the beta version of the Software through an internal network.

OTHER LIMITATIONS

You may not discuss this software except through the mailing list created for the testing of that software or to others in your organization who are involved with the testing of that software.

You may not rent, lease, sublease or lend the Software. You may not copy the CD-ROM media. If an update to the Software becomes available and you obtain it, you may not use prior version(s) of the Software.

You may not reverse engineer, decompile or disassemble the Software or create derivative works from the Software, except and only to the extent that such activity is expressly permitted by applicable law notwithstanding this limitation.

APH may provide you with support services related to the Software ("Support Services") in the form of email support through the list serve associated with that software. Any supplemental software code provided to you as part of the Support Services will be considered part of the Software and subject to the terms and conditions of this Agreement. With respect to technical information you provide to APH in connection with the Support Services, APH may use such information for its business purposes, including for product support and development.

You may not transfer your rights (including all updates) under this Agreement.

Without prejudice to any other rights, APH may terminate this Agreement if you fail to comply with the terms and conditions of this Agreement. In such event, you must, at the option of APH, either return to APH or destroy all copies of the Software and all of its component parts.

GOVERNING LAW

This Agreement will be governed by the laws of the Commonwealth of Kentucky.

PROPRIETARY RIGHTS

Copyright

All title and copyrights in and to the Software (including, without limitation, any images, photographs, animations, video, audio, music or text incorporated into the Software), the accompanying media and printed materials, and any copies of the Software are owned by APH or its licensors. The Software is protected by copyright laws and international treaty provisions. Therefore, you must treat the Software like any other copyrighted material, except that you may copy the software portion of the product onto a computer hard disk for installation purposes provided that it is used as specified, and is subject to, the provisions of this Agreement. All copyright notices must appear on any copy of the Software and may not be altered. You may not replicate any materials that accompany the Software.

Submissions

Should you decide to transmit to APH by any means or by any media any materials or other information (including, without limitation, ideas, concepts or techniques for new or improved services and products), whether as information, feedback, data, questions, comments, suggestions or the like, you agree such submissions are unrestricted and will be deemed non- confidential and you automatically grant APH and its assigns a non-exclusive, royalty-free, worldwide, perpetual, irrevocable license, with the right to sublicense, to use, copy, transmit, distribute, create derivative works of, display and perform the same.

LIMITED WARRANTY AND DISCLAIMER

THE SOFTWARE IS PROVIDED "AS IS" AND APH DISCLAIMS ANY AND ALL OTHER WARRANTIES, WHETHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE.

ANY LIABILITY OF APH FOR A DEFECTIVE COPY OF THE SOFTWARE WILL BE LIMITED EXCLUSIVELY TO REPLACEMENT OF YOUR COPY OF THE SOFTWARE WITH ANOTHER COPY of the software. IN NO EVENT WILL APH (OR ITS SUPPLIERS) BE LIABLE TO YOU FOR ANY CONSEQUENTIAL, INCIDENTAL OR SPECIAL DAMAGES, INCLUDING ANY LOST PROFITS OR LOST TIME, EVEN IF APH HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, OR FOR ANY CLAIM BY ANY THIRD PARTY.

Some states or jurisdictions do not allow the exclusion or limitation of incidental, consequential or special damages, or the exclusion of implied warranties or limitations on how long a given warranty may last, so the above limitations may not apply to you.

If you have any questions concerning the Software or this Agreement, you may email: lskutchan@aph.org.
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