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RIGHTEE by 4 PRECISION LTD TERMS OF SERVICE ADDENDUM
BETA TEST PROGRAM
This Rightee by 4 Precision Ltd Terms of Service Addendum (the “Addendum”) governs your access to and use of a non-public, not generally available, early prototype version of the Rightee Mobile App (collectively, the “Prototype Mobile App”), and hereby amends and is incorporated into the Rightee Terms of Service between Rightee and you as of the date you agree to this Addendum (“Addendum Effective Date”).
You are invited to evaluate the Prototype Mobile App beginning on the Addendum Effective Date, and ending when Rightee terminates this Addendum in accordance with Section 8 below (such period, the “Evaluation Period”).
Any capitalized terms in this Addendum shall have the meanings supplied herein or in the Rightee Terms of Service, or other applicable agreement relating to your use of the Rightee Mobile App (collectively, the “Standard Terms”). The Standard Terms shall apply to the Prototype Mobile App except as otherwise agreed. If there is any conflict between the Addendum and the Standard Terms, the Addendum shall govern with respect to the Prototype Mobile App only, and the Standard Terms shall govern in all other matters. This Addendum shall have no applicability to any Mobile App other than the Prototype Mobile App.
Clicking “I ACCEPT”, checking a box stating that you have read and agree to the Addendum, or otherwise indicating your acceptance to the Addendum is a necessary condition to receiving access to the Prototype Mobile App. By indicating your acceptance to the Addendum you are agreeing to the terms set forth herein.
1. License. Rightee hereby grants you a limited-term, non-exclusive, non-sublicensable, non-transferable, revocable license to access and use the Prototype Mobile App internally during the Evaluation Period. Except as expressly provided in this Addendum, you have no rights to access or use the Prototype Mobile App. For clarity, Rightee and its licensors shall own all right, title, and interest in and to the Prototype Mobile App. Rightee reserves all rights not expressly granted to you in this Addendum.
2. Use and Responsibility. You acknowledge that you are responsible for any use and access to the Prototype Mobile App originating from your account. The Prototype Mobile App (including any Prototype Mobile App feature names) is the Confidential Information of Rightee, and is experimental, pre-release, and may not function as expected.
3. Trade Secrets and Confidentiality. You acknowledge that the Prototype Mobile App is confidential and proprietary to Rightee and contains trade secrets. You hereby agree that you shall not disclose any information relating to the Prototype Mobile App (including, but not limited to, its existence, name, design and performance capabilities, the results of any performance/benchmark tests, and any authorization codes or license keys) to third parties without the prior written permission from Rightee. You shall treat all information regarding the Prototype Mobile App provided by Rightee as Rightee Confidential Information, subject to non-disclosure obligations under the Standard Terms.
4. Feedback. Feedback and other information which is provided by you or derived by Rightee in connection with this Addendum may be used by Rightee to improve or enhance its Mobile App and Rightee shall have a non-exclusive, perpetual, irrevocable, royalty-free, worldwide right and license to use, modify and otherwise exploit such feedback and information without restriction, provided that the public disclosure of any such feedback or information identifiable to you shall only be by the mutual agreement of you and Rightee.
5. Support and Updates. Notwithstanding anything to the contrary in the Standard Terms:
a. Rightee shall have no obligation to support or provide support services to you relating to the Prototype Mobile App. Rightee may, however, make such services available to you at its sole discretion.
b. Rightee may from time to time make available updates, enhancements and/or modifications to the Prototype Mobile App and may, at its sole discretion, provide such updates to you, but is under no obligation to do so. The provision by Rightee to you of such updates, enhancements and/or modifications to the Prototype Mobile App shall be subject to all covenants and conditions of this Addendum, including, but not limited to, the restrictions on your use of the Prototype Service and Rightee’s disclaimer of warranties.
6. Limitation of Liability. NOTWITHSTANDING ANYTHING TO THE CONTRARY IN THE STANDARD TERMS OR ANY OTHER AGREEMENT BETWEEN YOU AND RIGHTEE, IN NO EVENT WILL RIGHTEE OR ITS LICENSORS BE LIABLE TO YOU OR ANY OTHER PARTY FOR DAMAGES OF ANY KIND ARISING FROM THIS ADDENDUM OR THE USE OF THE PROTOTYPE MOBILE APP, WHETHER RESULTING FROM TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT OR OTHER FORM OF ACTION, INCLUDING BUT NOT LIMITED TO LOSS OR INACCURACY OF DATA, INTERRUPTION OF USE, LOSS OF PROFITS OR REVENUE, OR DIRECT, INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES OF ANY KIND, EVEN IF RIGHTEE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
7. Warranty. YOU ACKNOWLEDGE AND AGREE THAT THE PROTOTYPE MOBILE APP IS IN AN EARLY STAGE OF DEVELOPMENT, IS EXPERIMENTAL AND THAT RIGHTEE DOES NOT WARRANT THE PROTOTYPE MOBILE APP IN ANY WAY, INCLUDING BUT NOT LIMITED TO PERFORMANCE OR FEATURES OF THE PROTOTYPE MOBILE APP. ALL WARRANTIES REGARDING THE PROTOTYPE SERVICE, INCLUDING, WITHOUT LIMITATION, ALL WARRANTIES OF FITNESS FOR A PARTICULAR PURPOSE, MERCHANTABILITY, NON-INFRINGEMENT, OR ANY OTHER WARRANTY, WHETHER EXPRESS OR IMPLIED, ARE HEREBY DISCLAIMED BY RIGHTEE.THE PROTOTYPE MOBILE APP IS PROVIDED “AS IS” FOR EVALUATION AND TESTING PURPOSES ONLY, AND OWING TO ITS EXPERIMENTAL NATURE, YOU ARE ADVISED NOT TO RELY ON THE FEATURES OR PERFORMANCE OF THE PROTOTYPE MOBILE APP FOR ANY REASON. YOU AGREE TO USE THE PROTOTYPE MOBILE APP WITH ALL DUE CAUTION, AND TO TAKE EVERY PRECAUTION TO ENSURE THE INTEGRITY OF DATA, HARDWARE, AND SOFTWARE IN THE SOFTWARE'S OPERATING ENVIRONMENT. NOTWITHSTANDING ANYTHING TO THE CONTRARY IN THE STANDARD TERMS, YOU FURTHER AGREE THAT RIGHTEE SHALL NOT BE HELD LIABLE FOR ANY DAMAGES, INCLUDING BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES OR DAMAGES FOR LOSS OF PROFITS, REVENUE, DATA OR USE, INCURRED BY YOU OR ANY THIRD PARTY, WHETHER IN AN ACTION IN CONTRACT OR TORT, EVEN IF RIGHTEE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
8. Term and Termination. Rightee shall have the right, at its sole discretion, to terminate this Addendum immediately with or without cause upon written notice to you. In addition, this Addendum shall terminate automatically upon any termination of the Prototype Mobile App and/or termination of the Rightee Terms of Service between you and Rightee. Sections 3 and 5 - 9 shall survive any termination or expiration of this Addendum.
9. Commercial Availability. Nothing in this Addendum shall be deemed to require Rightee to make the Prototype Mobile App commercially available on any particular date nor does Rightee make any such representation or warranty, express or implied, regarding any such commercially available version. Nothing in this Addendum shall be deemed to convey to you the rights to use a commercially released version of the Prototype Mobile App or any components thereof, if and when such are available. Use of such commercial product shall be subject to the Rightee Terms of Service or such other terms and conditions as Rightee requires in connection with such service.
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