YourCompanyLogo
YourCompanyName
Agreement Beta Test
This Beta Test Agreement (“Agreement”) is by and between YourCompanyName with offices at YourCompanyAddress, and the following beta test participant (“Evaluator”): Company Name Contact Address Customer Number Phone Fax E-Mail Address _________________________________________ _________________________________________ _________________________________________ _________________________________________ _________________________________________ _________________________________________ _________________________________________
In consideration of the mutual promises of YourCompanyName and Evaluator, the parties agree as follows: 1. The purpose of this Agreement is to specify the terms and conditions for the Evaluator’s participation in the YourCompanyName Beta Test Evaluation Program. 2. The YourCompanyName Software, documentation and/or equipment (collectively, the “Product”) which is the subject of this Agreement is identified as follows: Product ___________________ Serial Number _________________. 3. The Product evaluation Period shall be the period of time not to exceed ______ days from date of shipment by YourCompanyName. However, YourCompanyName and Evaluator each reserves the right to terminate this Agreement for any reason prior to the completion of the evaluation period. 4. YourCompanyName’s technical representative for the Product is: Name Title Office/Location Phone Number Facsimile Number _________________________________________ _________________________________________ _________________________________________ _________________________________________ _________________________________________
Page 1 of 2
Rockwell Software, Inc. 6680 Beta Drive, Mayfield Village, Ohio 44143-2327 Thomas J. Burke (216) 646-7727 (voice) (216) 646-7766 (fax) thomas.burke@software.rockwell.com(email) D:\Docstoc\Working\pdf\a09b685b-37c6-495a-b0fc-8d13bdd1374b.doc
5. Evaluator agrees to use the Products in typical operating conditions and, based upon findings, complete the necessary reports during and upon completion of the evaluation period. All such reports shall be identified by YourCompanyName’s technical representative from time to time. 6. YourCompanyName grants to Evaluator a temporary, limited license to use Product software on either (a) a single computer, or (b) a network server for access by one user, by way of terminal or computer attached to the network server. Evaluator may make one copy of the software for backup purposes only. 7. YourCompanyName retains full ownership and title to the Product. No rights or licenses are granted other than those set forth in this Agreement. 8. Evaluator may not lease, sub-lease, assign, license, sub-license or otherwise transfer or dispose of the Product without the prior written consent of YourCompanyName. Reverse assembly, reverse engineering, decompilation, and creating derivative works based on the Product is prohibited. Further, Evaluator may not move or relocate the Product from the address identified above without the prior written consent of YourCompanyName. 9. Within ten (10) days of the termination of this Agreement, Evaluator agrees to return the Product to YourCompanyName at the address identified above. Evaluator shall bear the cots of return freight. 10. Evaluator acknowledges that the Product provided under this Agreement is covered by effective or pending copyrights, patents, trademarks and/or trade secrets of YourCompanyName, and Evaluator agrees to maintain confidentiality by not disclosing the Product to any third party without the prior written consent of YourCompanyName. Evaluator agrees that its obligation of confidentiality under this paragraph shall survive expiration or termination of this Agreement. 11. Evaluator agrees that the Product provided under this Agreement is a prototype and does not represent a completed product of YourCompanyName. This Agreement shall in no way be construed as a commitment by YourCompanyName at any time to manufacture and/ or offer evaluation products for sale. YourCompanyName may provide documentation and/or instructions which reflect the operation of the Products as closely as possible, but the Evaluator acknowledges its understanding that discrepancies may exist between the Products and supporting documentation or instructions. YourCompanyName makes no representation or warranty, express or implied, that the operation of the Products will be uninterrupted or error free. 12. EVALUATOR AGREES THAT EVALUATION PRODUCTS SHALL BE USED ONLY IN A HAZARD-FREE, NON-PRODUCTION ENVIRONMENT. 13. EXCLUSION OF WARRANTIES AND LIMITATION OF LIABILITY: THE PRODUCTS ARE PROVIDED “AS IS”. YOURCOMPANYNAME DISCLAIMS ANY AND ALL WARRANTIES, EXPRESS, IMPLIED OR STATUTORY, INCLUDING (WITHOUT LIMITATION) ANY WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. IN NO EVENT SHALL YOURCOMPANYNAME BE LIABLE FOR (I) LOST PROFITS, LOST SAVINGS, SPECIAL, INDIRECT OR INCONSEQUENTIAL DAMAGES OF ANY KIND, OR (II) ANY PERSONAL INJURY PROPERTY DAMAGE ARISING OUT OF OR IN CONNECTION WITH THIS AGREEMENT, WHETHER IN AN ACTION IN CONTRACT, STRICT LIABILITY OR IN TORT INCLUDING NEGLIGENCE. 14. This Agreement shall be governed by the laws of the state of Wisconsin. This Agreement is the complete and exclusive Agreement between YourCompanyName and the Evaluator, and supersedes all prior agreements, whether written or oral, relating to the Product. This Agreement may nor be changed or modified except by an instrument in writing signed by a duly authorized representative of YourCompanyName.
Evaluator: By: ____________________________________ _________________________________________
YourCompanyName By:
Page 2 of 2
Rockwell Software, Inc. 6680 Beta Drive, Mayfield Village, Ohio 44143-2327 Thomas J. Burke (216) 646-7727 (voice) (216) 646-7766 (fax) thomas.burke@software.rockwell.com(email) D:\Docstoc\Working\pdf\a09b685b-37c6-495a-b0fc-8d13bdd1374b.doc
(Duly Authorized Representative)
(Duly Authorized Representative)
Printed Name: ___________________________ _________________________________ Title: __________________________________ _________________________________________ Date: __________________________________ ________________________________________ Phone: ________________________________
Printed
Name:
Tile:
Date:
Page 3 of 2
Rockwell Software, Inc. 6680 Beta Drive, Mayfield Village, Ohio 44143-2327 Thomas J. Burke (216) 646-7727 (voice) (216) 646-7766 (fax) thomas.burke@software.rockwell.com(email) D:\Docstoc\Working\pdf\a09b685b-37c6-495a-b0fc-8d13bdd1374b.doc