Beta testing is a great way to experience and help shape the development of new products. Whether the program is newly developed or adding additional functionality, bug fixes, or features to an existing application, your input shapes the direction of that development.
This is your opportunity to use tools that solve real problems now. 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 complete and that it may even crash. Identifying those potential pitfalls are 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 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 and they actively participate in the discussion. You will get instructions about how to download the software in the introduction email from the mailing list.
Finally, you must agree to release APH of any liability related to the software.
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.
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 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.
Following acceptance of this Agreement, APH grants you the non-exclusive 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.
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.
You may store, install and access the beta version of the Software through an internal network.
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.
This Agreement will be governed by the laws of the Commonwealth of Kentucky.
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.
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.
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: email@example.com.
If you agree to the terms described above, fill out the APH Beta Tester Form and indicate which product(s) you are interested in testing.
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