This Beta Testing Agreement ("Agreement") is a legally binding contract between the entity identified in the Terms of Service ("Tester") and IoT Stadium. It is effective as outlined in the applicable Terms of Service ("Effective Date").
1. Purpose
This Agreement facilitates the testing and evaluation of certain pre-release products and/or services developed by IoT Stadium (each a "Beta Product" and collectively the "Beta Products"). IoT Stadium may, at its sole discretion, make these Beta Products available to the Tester for internal evaluation and feedback.
2. License Grant
Subject to the terms of this Agreement, IoT Stadium grants Tester a non-exclusive, non-sublicensable, and non-transferable license during the Evaluation Period (defined in Section 6) to:
- Use the Beta Products described in the Terms of Service in a production environment solely for internal evaluation and feedback.
- Use related documentation such as user manuals, handbooks, and installation guides, whether provided electronically or in hard copy, strictly for evaluation.
This Agreement does not constitute a commercial license, and the Tester must enter into a separate agreement with IoT Stadium for continued use after the Evaluation Period. The Tester is not obligated to subscribe or purchase any Beta Product after the Evaluation Period.
3. Restrictions
Tester agrees not to:
- Copy, modify, distribute, or create derivative works of the Beta Products.
- Reverse engineer, decompile or attempt to derive the source code.
- Sell, lease, sublicense, or commercially exploit the Beta Products.
- Use the Beta Products for any illegal, unauthorized, or unintended purposes.
4. Reservation of Rights
IoT Stadium retains all rights, titles, and interests in the Beta Products. Under this Agreement, the Tester is not granted additional intellectual property rights.
5. Tester Responsibilities
Tester is responsible for:
- Ensuring its employees comply with the terms of this Agreement.
- Providing timely and constructive feedback regarding usability, performance, and any issues encountered.
- Maintaining confidentiality of any non-public information about the Beta Products.
6. Evaluation Period
The Evaluation Period will last for the duration specified in the Terms of Service unless IoT Stadium terminates it earlier. IoT Stadium may terminate this Agreement at any time with or without notice.
7. Support and Updates
IoT Stadium is not obligated to provide support, maintenance, upgrades, or fixes for the Beta Products. However, IoT Stadium may offer updates or bug fixes at its sole discretion.
8. Termination
IoT Stadium may terminate this Agreement anytime if Tester breaches its terms. Upon termination, Tester must discontinue all use of the Beta Products.
9. Disclaimer of Warranty
Beta Products are provided "as is" without any warranties. IoT Stadium makes no guarantees regarding performance, availability, or reliability.
10. Liability Limitation
IoT Stadium shall not be liable for any damages, data loss, or disruptions arising from Tester's use of the Beta Products.
