Alpha Testers Terms of Use

August 2015

BY ACCESSING, USING OR INTERACTING WITH THE Alpha VERSION OF THE SMOKEBEAT APPLICATION (the: “Alpha App”), YOU SIGNIFY ELECTRONICALLY THAT YOU AGREE TO THESE TERMS, THE  SOMATIX TERMS OF SERVICE (available on or through : www.somtaixinc.com/terms-of-service) AND THE SOMATIX PRIVACY POLICY (available on or through : www.somatixinc.com/privacy-policy).

SOMATIX grants you a personal, limited, non-exclusive, non-sublicensable, non-transferable license to download, install, and use a single copy of any Alpha App for a limited time in order to evaluate and provide feedback about it to SOMATIX. This license does not entitle you to receive from SOMATIX hard-copy documentation, support, telephone assistance, or enhancements or updates to the Alpha Apps. Although SOMATIX is considering the release of a commercial version of each Alpha App, it is under no obligation to do so. SOMATIX reserves the right to alter features, licensing terms, or other characteristics of any version of the Alpha Apps that it releases. SOME ALPHA APPS MAY EXPIRE OR CEASE WORKING ON A DATE DETERMINED BY SOMATIX.  ADDITIONALLY, SOMATIX MAY RESTRICT THE USE OF THE ALPHA APPS TO A LIMITED NUMBER OF USERS.

 

You acknowledge that the Alpha Apps are experimental and have not been made available for general release; they may contain errors, bugs, or other problems not usually associated with generally available software versions. SOMATIX recommends that you backup all data, files and applications on your system prior to installing any Alpha App). You shall have sole responsibility for the adequate protection and backup of your data and/or equipment used with the Alpha Apps. SOMATIX is under no obligation to provide you with any error corrections, updates, upgrades, bug fixes and/or enhancements.

You acknowledge that Alpha Apps may not include certain features, functionalities, or services that may be available on other versions of the App, including privacy and security features and their default settings.

 

By submitting feedback, ideas, suggestions, comments, or other material  (the “Feedback”) to us, you hereby grant Somatix Inc., its affiliates, subsidiaries, assigns, licensees and legal representatives (“Somatix”) the irrevocable, perpetual, worldwide right to use, reproduce, edit, store, sublicense, distribute, have distributed, create derivative works based upon and publicly and privately promote, display, and perform the Feedback, in any medium, by any means of delivery, for commercial, promotional or other purposes without remuneration to you. You hereby waive any rights or future claims to the Feedback, including any copyrights, patents, moral rights, any other intellectual property right or rights to royalties of any kind. Notwithstanding the foregoing, nothing in this Agreement will require Somatix to use the Feedback you provide in any manner whatsoever and to make any changes or modifications to the Alpha App, any version of the SmokeBeat App, or the Somatix service or the website, whether suggested by you in the form of Feedback or otherwise.

You agree that you will not upload, post, submit or send us any Feedback that: (1) you don’t have a right to transmit under any law, including but not limited to content that infringes patent, trademark, trade secret, copyright or other proprietary right or violates any right of privacy or publicity; (2) contains software viruses or any other computer code that may be harmful to Somatix or to Internet users in general; (3) is unsolicited advertising, promotional materials, or any other forms of solicitation; (4) collects or stores personal data about other users in any way or form or solicit or harvest passwords or screen names; or (5) is confidential, secret or proprietary information belonging to someone else; (6) is unlawful in any other way.

 

Copyright (c) 2015 Somatix Inc.. ALL RIGHTS RESERVED

 

 

© Somatix Inc. 2015. All Rights Reserved