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By installing the Attensa for Outlook 2.5 Beta Software you signify that you have read, understand, and agree to the following General terms:

  1. Active participation in the Attensa for Outlook 2.5 Beta Program entitles the tester to receive a free one year subscription to Attensa Premium Support.
  2. You agree and understand this is not a Final released version of software and that this release is a beta version of software for the purpose of testing and therefore possibly inherent with software anomalies.
  3. There will be formal technical support for the beta release of the software and help "as is" between users of the software and Beta Program representatives via a private Forum.
  4. There is no guarantee of a specific release date or time.

By installing the Attensa for Outlook 2.5 Beta, you signify that you have read, understand, and agree to the following Legal Terms:

  1. Company's Obligations:
    The Company shall update the Testers site with the beta software release and provide any necessary documentation. Company shall respond to Testers questions and problems via a private Forum only. At the conclusion of the beta test cycle, Tester shall be entitled to the same benefits to which regular users of the Software will be entitled.
  2. Tester's Obligations:
    1. Tester shall test the Software under normally expected operating conditions.
    2. Tester shall gather and report test data to the Company via posts within the private Forum. It is expected that the Tester will provide at least one issue or feedback post per week.
    3. Tester shall complete Beta Tester Survey upon completion of the beta program.
    4. The Company maintains the rights to grant or dismiss access to the beta program at any time during the course of the program.
    5. Tester transfers the sole and exclusive rights of publications of its company name, logo and description in conjunction with the Software, its use, its design and performance specifications, its code, and the existence of the beta test and its results to the Company.
    6. Tester approves of the use of the Tester's company logo by the Company for marketing and publicity usage pertaining to the testing of the Software. The Company will inform the Tester prior to each publication of its company logo via e-mail.
    7. After conclusion of the beta program, the Tester agrees to produce a testimonial to the Company. The Company preserves the rights to publish this testimonial in any publication that it deems appropriate, without compensating Tester, and will execute reasonable judgment not to harm the reputation of the Tester.
  3. Software is a Trade Secret:
    Tester acknowledges that the Software is proprietary to, and a valuable trade secret of, the Company and is entrusted to Tester only for the purpose set forth in this Agreement. Tester shall treat the Software and details surrounding the software including anticipated release dates in the strictest confidence. Tester agrees that it will not without the Company's prior written consent:
    1. Reproduce any portion of the Software or documentation, except to the extent necessary to perform the beta testing; or
    2. Reverse engineer, decompile or disassemble the Software of any portion of it.
  4. Disclaimer of Warranty:
    Tester understands and acknowledges that the Software is a test product and its accuracy and reliability are not guaranteed. Tester waives any all claims it may have against the Company arising out of the performance or nonperformance of the Software. Further, Tester assumes all responsibility for damages, lost data, lost profits and other consequences that result from use of the Software.

    THE SOFTWARE IS ACCEPTED "AS IS" WITHOUT ANY WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING ANY IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE.

  5. Limitation of Liability:
    The Company shall not be responsible for any loss or damage to Tester or any third parties caused by the Software or by the Company's performance of this Agreement.

    THE COMPANY SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGE, WHETHER BASED ON CONTRACT OR TORT OR ANY OTHER LEGAL THEORY, ARISING OUT OF ANY USE OF THIS SOFTWARE OR ANY PERFORMANCE OF THIS AGREEMENT. IF, FOR ANY REASON, MONSTERCOMMERCE IS FOUND TO BE LIABLE FOR ANY REASON, TESTER AGREES NOT TO HOLD MONSTERCOMMERCE LIABLE FOR ANY MONETARY AMOUNTS IN EXCESS OF THE ORIGINAL PURCHASE PRICE OF THE SOFTWARE.

  6. No Rights Granted:
    Tester understands and acknowledges that the Software is provided for its own use for testing purposes only. This Agreement does not constitute a grant or an intention or commitment to grant any right, title or interest in the software or the Company's trade secrets to Tester. Tester may not sell or transfer any portion of the Software or the Company's trade secrets to Tester. Tester may not sell or transfer any portion of the Software to any third party or use the Software in any manner to produce, market or support its own products. Tester shall clearly identify the Software as the Company's property.

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