b. Beta Tester represents and warrants that he or she has the legal authority to bind and lawfully enter the Customer into the Order Form.
c. This Beta Test Agreement will terminate automatically upon termination of the Beta Test or as earlier terminated pursuant to the terms of this Beta Test Agreement.
Beta Tester acknowledges and agrees that the App is being made available to Evaluator for download via the TestFlight application or the Google Play store.
a. AXIOS Media may periodically request that Beta Tester provide feedback regarding the use, operation and functionality of the App, including by way of online surveys and 1:1 interviews (the "Beta Test Interviews") (“Feedback”). Such Feedback shall include, without limitation, any information about operating results, known or suspected bugs, errors or compatibility problems and user-desired features. Beta Tester hereby assigns to AXIOS Media all rights in the Feedback and agrees that AXIOS Media shall have the right to use the Feedback and related information in any manner it deems appropriate.
b. Beta Tester may but is not obligated to provide such feedback to AXIOS Media.
a. AXIOS Media hereby grants to Beta Tester a royalty-free, nonexclusive, non-transferable internal use license under copyright to use, display, execute, and perform the App, for the purposes of evaluating the performance and functionality of the App.
b. Beta Tester agrees that it will not (i) reproduce, modify, distribute, transfer, disclose, or make available to any third party other than other Beta Testers any portion of the App (or any related documentation) in any form; (ii) reverse engineer, decompile, disassemble, or otherwise attempt to derive the source code for the App; or (ii) publish any performance or benchmark tests or analyses relating to the App, or the use thereof. Except as provided herein, Beta Tester agrees not to permit any third party access to the App, or to any materials generated by AXIOS concerning the App, or to discuss the Beta Test, the App, or its functionality with any third party, without AXIOS Media’s prior written approval.
The App is unannounced and is not available to the public. Providing the App to Beta Tester does not constitute a sale or an announcement that the App, or that any other product or services, will be available from AXIOS Media. During the BetaTest Interviews, AXIOS may provide Beta Tester with Confidential Information related to the App. For purposes of this Beta Test Agreement, “Confidential Information”will mean technical and non-technical information provided by AXIOS related to the App that is identified by AXIOS as confidential or proprietary at the time it is disclosed or that Beta Tester knew, or reasonably should have known, is confidential information of AXIOS Beta Tester agrees that at all times, and notwithstanding any termination or expiration of this BetaTest Agreement, Beta Tester will hold in confidence not disclose to any third party any Confidential Information except as approved in writing by AXIOS, and will use the Confidential Information with at least the same degree of care that it uses to protect its own confidential information, but in no case, less than reasonable care. Notwithstanding the foregoing, Beta Tester will not have any obligations with respect to any portion of the Confidential Information if Beta Tester can demonstrate that such Confidential Information (a) was in the public domain at the time it was disclosed to Beta Tester; (b) entered the public domain subsequent to the time it was disclosed to Beta Tester through no fault of Beta Tester; (c) was in BetaTester’s possession free of any obligation of confidence at the time it was disclosed to Beta Tester; (d) was rightfully communicated to Beta Tester free of any obligation of confidence subsequent to the time it was disclosed to BetaTester; (e) was developed by employees or agents of Beta Tester who had no access to the Confidential Information; or (f) to the extent such disclosure is required by a valid order of a court or other governmental body having jurisdiction, provided that Beta Tester provides AXIOS with reasonable prior written notice of such disclosure and makes a reasonable effort to obtain, or assist AXIOS in obtaining, a protective order preventing or limiting the disclosure. Confidential Information is and will remain the sole property of AXIOS and Beta Tester will use it solely for the purposes of this Beta Test Agreement.
The following applies to any version of the App that you access through or downloaded from TestFlight or the Apple App Store. The following applies to any version of the App that you access through or downloaded from TestFlight or the Apple App Store (the "Apple Store Sourced App"):
b. Even after this Beta Test Agreement has been terminated, the following provisions of this Beta Test Agreement will remain in effect: Sections 1; 3; 4(b); 5; 6; 7; 8; and 9.