Listonic sp. z o.o. (“Listonic”) has designed and developed a Listonic Beta Program (“Listonic Beta Program”) to, among other things, allow a limited number of people to download test versions of Listonic applications for mobile devices (the “Experimental Software”), such as the Listonic for Android or Listonic for iOS applications, and to provide feedback and comments to Listonic regarding use of such applications. By joining the Listonic Beta Program, you agree to be bound by the terms and conditions set forth below (the “Agreement”).
1. Your Feedback. By enrolling in the Listonic Beta Program you will have the ability to: (a) download, test, evaluate and analyze the Experimental Software (b) and provide feedback, analysis, suggestions, and comments to Listonic (including, but not limited to, bug reports and test results) (collectively, “Feedback”).
By participating in the Listonic Beta Program, you agree that any Feedback you provide will become the property of Listonic and you agree that Listonic may use or otherwise exploit all or part of your feedback or any derivative thereof in any manner or media now known without any further remuneration, compensation or credit to you. You represent and warrant that you have the right to enter into this Agreement and assign and grant the rights set forth herein and that any Feedback which is provided by you hereunder is original work made solely by you and does not infringe any third party intellectual property rights.
2. Confidentiality Confidential Information. The Listonic Beta Program is designed to assist Listonic in researching, analyzing and validating the usability and reliability of certain prospective product features (collectively, the “Purpose”). Listonic may disclose to you certain information (tangible or intangible) that you agree to treat as Confidential Information as set forth below. Definition. “Confidential Information” means all information disclosed by Listonic, including, without limitation, documents, designs, techniques, specifications, product plans, strategic information, existing or prospective business plans, existing or prospective product study or pilot test objectives and/or results, and other information related to the Purpose. Consistent with the foregoing, Listonic may also disclose Confidential Information related to certain unreleased and experimental product features or plans.
Obligations Regarding Confidential Information. You agree to: (a) use Confidential Information only for the Purpose; (b) not disclose Confidential Information to any third parties (including the sharing of unreleased/experimental product images); and (c) use the same degree of care, but no less than a reasonable degree of care (including reasonable security measures), to prevent the unauthorized use, dissemination or publication of Confidential Information as you would use to protect your own confidential information of like nature.
Remedies. You agree that any breach of this Agreement by you may result in irreparable harm to Listonic, for which damages would be an inadequate remedy and therefore, in addition to its rights and remedies otherwise available at law, Listonic shall be entitled to seek equitable relief, including injunction, in the event of such breach.
3. No compensation or employment you acknowledge that you are participating in the Listonic Beta Program on a purely voluntary basis, as a means of assisting, and in consideration of the opportunity to assist Listonic to use, implement, and understand various facets of the experimental software. Listonic, at its sole discretion, may provide you compensation for your participation and/or feedback but you acknowledge and agree that Listonic has no obligation to do so. Listonic makes no guarantee or representation as to whether or not your feedback regarding the experimental software will be used, and you understand and acknowledge that Listonic will not compensate you for your participation in the Listonic Beta program. Furthermore, you acknowledge and agree that nothing in this agreement or in your voluntary submission of feedback creates any employment relationship between you and Listonic.
4. Listonic may, in its sole discretion, at any time, terminate or discontinue the Listonic Beta Program, discontinue your participation in the Listonic Beta Program, or remove your feedback. You acknowledge and agree that all such decisions by Listonic are final and Listonic will have no liability with respect to such decisions.
5. Notices unless otherwise set forth in this agreement, Listonic may give general notices to you by posting on any Listonic web site (e.g., Listonic.com) and, where possible, by electronic mail to your email address.
6. No warranty from Listonic you expressly agree that your participation in the Listonic Beta Program is at your own risk. The Listonic Beta Program is available on an “as is” basis, without warranty of any kind, express or implied. Listonic expressly disclaims on its own behalf and on behalf of its employees, agents, attorneys, consultants, or contractors any and all warranties including, without limitation (i) any warranty or representation whatsoever regarding the operation of the Listonic Beta Program, the availability, accuracy or content of any information, services, or products provided or available through or in connection with the Listonic Beta Program, the experimental software, Listonic, and/or the Listonic web site or any results obtained through the use thereof, and (ii) the warranties or conditions of noninfringement, merchantability, and fitness for any particular purpose.
7. Limitations of liability in no event shall Listonic, its employees, agents, attorneys, consultants, or contractors be liable under this agreement for any consequential, special, lost profits, indirect or other damages, including but not limited to lost profits, loss of business, cost of cover whether based in contract, tort (including negligence), or otherwise, even if Listonic has been advised of the possibility of such damages and notwithstanding any failure of essential purpose of any limited remedy. In any event, Listonic’s, its employees’, agents’, attorneys’, consultants’ or contractors’ aggregate liability under this agreement for any claim shall be strictly limited to $100.00. Some states do not allow the limitation or exclusion of liability for incidental or consequential damages, so the above limitation or exclusion may not apply to you. You acknowledge that Listonic has entered into this Agreement in reliance upon the limitations of liability set forth herein and that the same is an essential basis of the bargain between the parties.