TERMS & CONDITIONS FOR BETA SOFTWARE
THIS PAGE (TOGETHER WITH THE DOCUMENTS REFERRED TO ON IT) CONTAINS THE TERMS AND CONDITIONS OF USE OF “READYCREW BETA SOFTWARE” TO BE ACCEPTED BEFORE ACCESSING ANY “READYCREW BETA SOFTWARE”. PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY BEFORE ACCESSING OR USING ANY SOFTWARE FROM THIS WEBSITE. YOU SHOULD UNDERSTAND THAT BY ACCESSING ANY SOFTWARE FROM THIS WEBSITE, YOU AGREE TO BE BOUND BY THESE TERMS AND CONDITIONS. THESE TERMS AND CONDITIONS CONSTITUTE A LEGAL AND ENFORCEABLE CONTRACT BETWEEN YOU AND JOAN RIEU (“THE COMPANY“). IF YOU DO NOT AGREE TO THESE TERMS AND CONDITIONS, ABANDON THE REGISTRATION PROCESS AND DO NOT ACCESS OR USE “READYCREW BETA SOFTWARE”.
1. BETA USER CONDITIONS
1.1 Your use of the ReadyCrew Beta Software is governed by these terms and conditions (“Beta User Conditions”) which you should read carefully before accessing ReadyCrew Beta Software. These Beta User Conditions represent a binding contract between the company and you. If you do not agree with these Beta User Conditions, please do not access or use ReadyCrew Beta Software.
1.2 The company may update or amend these Beta User Conditions at any time without notice.
1.3 These Beta User Conditions apply to you regardless of how you have accessed the ReadyCrew Beta Software and regardless of the territory in which you live or conduct business.
2. READYCREW BETA SOFTWARE; LIMITED WARRANTY AND LIABILITY
2.1 Although utilizable by experienced users, ReadyCrew Beta Software is still being developed, tested and evaluated. ReadyCrew Beta Software is not intended for sale, distribution or any use by the general public.
2.2 READYCREW BETA SOFTWARE IS PROVIDED TO YOU "AS IS" WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, ANY WARRANTY OF MERCHANTABILITY, NON-INFRINGEMENT OR FITNESS FOR A PARTICULAR PURPOSE. USE OF READYCREW BETA SOFTWARE IS ENTIRELY AT YOUR OWN RISK AND MAY VOID WARRANTY ON YOUR PRODUCT. SHOULD READYCREW BETA SOFTWARE PROVE DEFECTIVE, YOU ASSUME THE COST OF ALL NECESSARY MAINTENANCE, SERVICING OR REPAIR. IT IS THEREFORE YOUR RESPONSIBILITY TO TAKE ADEQUATE PRECAUTION AGAINST POSSIBLE DAMAGES RESULTING FROM THE USE OF READYCREW BETA SOFTWARE. READYCREW BETA SOFTWARE SHOULD UNDER NO CIRCUMSTANCES BE USED ON SENSITIVE AND/OR VALUABLE DATA. IF YOU ARE IN ANY DOUBT, PLEASE DO NOT ACCESS AND/OR USE READYCREW BETA SOFTWARE.
2.3 TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE COMPANY WILL NOT BE LIABLE TO YOU FOR ANY DAMAGES ARISING OUT OF THE USE OR INABILITY TO USE READYCREW BETA SOFTWARE (INCLUDING BUT NOT LIMITED TO LOSS OF DATA OR DATA BEING RENDERED INACCURATE OR LOSSES SUSTAINED BY YOU OR THIRD PARTIES OR A FAILURE OF READYCREW BETA SOFTWARE TO OPERATE WITH ANY OTHER PROGRAMS). IN NO EVENT SHALL THE COMPANY’S LIABILITY EXCEED THE PRICE YOU PAID FOR READYCREW BETA SOFTWARE, IF APPLICABLE.
2.4 WE EXPRESSLY REPRESENT THAT READYCREW BETA SOFTWARE IS NOT A FINAL PRODUCT AND, AS SUCH, MAY CONTAIN VARIOUS ERRORS, DEFECTS AND IT MAY BE UNSTABLE. WE DO NOT RECOMMEND ACCESSING READYCREW BETA SOFTWARE DURING FULL OR EVERYDAY OPERATION. FURTHERMORE, WE DO NOT RECOMMEND TO ACCESS READYCREW BETA SOFTWARE UNLESS YOU ARE AN EXPERIENCED USER.
3. NO TECHNICAL SUPPORT
The company will not provide any technical support, maintenance or any other services for any ReadyCrew Beta Software.
4. NO UPDATES
The company will not provide any updates to ReadyCrew Beta Software or any other updated content utilized by ReadyCrew Beta Software (“Updates”). However, should the company in its sole discretion provide you with any Updates, such Updates will be deemed to form part of ReadyCrew Beta Software for all purposes under these Beta User Conditions, unless other terms of use are provided by the company in connection with such Updates.
5. COPYRIGHT LICENCE
Specific terms and conditions of a copyright licence granted to you by the company and entitling you to use ReadyCrew Beta Software for the purposes of evaluation and testing are included in the End User Software License Agreement concluded between the company and you (EULA). In order to use the Beta Portal and to use the ReadyCrew Beta Software you are required to accept these Beta User Conditions, the EULA and the company Privacy Policy.
6. FEEDBACK
You will give the company feedback about ReadyCrew Beta Software consisting of, without limitation, your suggestions, comments or any other feedback, whether it is required or provided on a voluntary basis (“Feedback”). If you provide the company with any Feedback, as part of the testing and evaluation of ReadyCrew Beta Software, you agree that: (a) the company may freely use, disclose, reproduce, license, distribute and otherwise commercialize the Feedback in any the company product, specification or other documentation; and (b) you will not give the company any Feedback (i) that you have reason to believe is subject to any patent, copyright, or other intellectual property claim or right of any third party; or (ii) that is subject to licence terms that seek to require any the company product incorporating or derived from any Feedback, or other the company intellectual property, to be licensed to or otherwise shared with any third party.
7. PRIVACY POLICY
The company recognizes the importance of maintaining the privacy of personal data which it collects and processes. By accepting these Beta User Conditions you expressly agree to be bound by the the company Privacy Policy.
8. CONFIDENTIALITY
8.1 ReadyCrew Beta Software, any information relating to beta testing progress and results, the Feedback, any product-related information and any other proprietary technology or know-how provided to you in whatever form by the company in connection with testing and evaluation of ReadyCrew Beta Software is confidential (“Confidential Information”).
8.2 You will keep, and ensure that any and all persons, firms, companies or organisations associated with you keep, all Confidential Information confidential and not disclose it to any person, unless permitted under this clause. This confidentiality obligation does not apply to the disclosure of Confidential Information which: (a) is or comes into public domain, except through breach of the confidentiality obligation under this clause; (b) comes lawfully into your possession from a third party who is not bound by a confidentiality obligation relating to such Confidential Information; (c) is required to be disclosed by any court of competent jurisdiction or any competent judicial, governmental, supervisory or regulatory body, or any law, provided that you will promptly notify the company in writing, or (d) is disclosed by you with the company’s prior written consent.
8.3 UNDER NO CIRCUMSTANCES MAY ANY INFORMATION ABOUT THE TESTING PROGRESS AND/OR RESULTS BE PROVIDED TO PERSONS THAT ARE NOT INVOLVED IN THE BETA TESTING PROCESS. ANY PUBLICATION OF BETA VERSIONS TESTING RESULTS, REVIEWS OR EVALUATIONS IS ONLY PERMITTED WITH THE PRIOR WRITTEN CONSENT OF THE COMPANY.
9. LANGUAGE
The governing language of these Beta User Conditions is English. Although the company may provide one or more translations for your convenience, the English version shall prevail in the event of any conflict or discrepancy between the English and any other language version of these Beta User Conditions.
10. GOVERNING LAW
These Beta User Conditions will be governed by the laws of Québec.
11. DISPUTE RESOLUTION
All disputes arising out of or in connection with these Beta User Conditions shall be finally decided by state or federal courts sitting in Québec.
12. ENTIRE AGREEMENT
These Beta User Conditions (together with the documents to which they refer) contain the whole agreement between you and the company relating to the use of the ReadyCrew Beta Software and supersede all previous agreements between you and the company relating to it. You acknowledge that in agreeing to these Beta User Conditions you have not relied on any representation, warranty or other assurance except those set out in this agreement.