Last updated: November 3, 2022
You understand that your participation in the Beta Program does not obligate Hexnode to provide you with any Beta Service. By participating in the Beta Program, you certify that you are legally competent to join the Beta Program.
As a part of your participation in the Beta Program you may be granted access to Beta Services. “Beta Services” may be a separate, stand-alone service/software, accessible to you apart from the currently available service/software provided by Hexnode or may be a feature or functionality for the existing service/software provided by Hexnode. You may participate in our Beta Program and use our Beta Services only on approval from Hexnode or on invitation from Hexnode which approval or invitation shall be at our sole discretion.
You acknowledge and understand that giving prompt and accurate Feedback to Hexnode is the purpose of the Beta Program. “Feedback” includes but is not limited to any and all suggestions, issue reports, bug reports, questionnaires, enhancement requests and feature requests regarding your use of the Beta Service. You undertake to use best efforts to provide reasonable Feedback on all aspects of the Beta Service without any compensation or reimbursement of any kind from Hexnode. You acknowledge the importance of communication between you and Hexnode during your participation in the Beta Program and you agree to receive related correspondence and updates from us. In the event you opt out of such communication, your participation in the Beta Program will be terminated and your access to Beta Services will be revoked. You acknowledge that Hexnode owns any and all Feedback provided by you and you hereby grant to us, for any reason if further needed, a perpetual, non-revocable, royalty free, worldwide, fully paid-up license to use and/or incorporate such Feedback into any of our products or services at any time at Hexnode’s sole discretion. If we choose to publish any Feedback, we will at our sole discretion either do so in a way that does not identify you or seek your consent in the event we do wish to identify you. You also acknowledge that we may monitor how you use the Beta Service and use such information to improve our products and/or services.
INTELLECTUAL PROPERTY & ACCEPTABLE USE
You acknowledge that as a part of your participation in the Beta Program you will have access to Confidential Information and trade secrets of Hexnode. Confidential Information shall include but is not limited to programs, source codes, computer programs, computer code, modules, scripts, algorithms, features and modes of operation, inventions (whether or not patentable), processes, schematics, testing procedures, software design and architecture, design and function specifications), Feedback and all other data that you may have access to as a part of your participation in the Beta Program and use of the Beta Services .
You acknowledge that (i) the successful market launch of commercial versions of the Beta Services requires you to keep all Confidential Information and other information made available through or contained in Beta Program, including, without limitation, the nature of Beta Services strictly confidential; (ii) the premature release of any of the Confidential Information would damage Hexnode’s competitive and intellectual property interests.
You will use all reasonable efforts to protect the Confidential Information from unauthorized use or disclosure. You will
If you represent a corporation or an organization, such corporation or organization may disclose Confidential Information only to those of it’s employees who have a bona fide need to know such information for it’s evaluation of the Beta Service and who have first executed a written agreement that contains use and nondisclosure restrictions at least as protective as those set forth herein. You will immediately report any violation of this provision to Hexnode and shall employ all reasonable means to mitigate any damages or losses that Hexnode may incur as a result of any such violation.
The obligations, as determined in the previous paragraph, are not applicable to the following information:
This confidentiality obligation applies during the course of the this Terms between you & Hexnode and will survive the termination of this Terms and continue to be in effect for an additional period of five (5) years starting from the expiration or termination of the Terms for any reason whatsoever.
Hexnode shall remain at any moment the sole owner of the Confidential Information.
TERM & TERMINATION
These Terms will remain in effect for as long as you are enrolled in the Beta Program and shall terminate along with the termination of your participation in the Beta Program.
Unless otherwise terminated as specified in this Terms, your rights with respect to a Beta Service will terminate upon the initial commercial release by Hexnode of a generally available version of that Beta Service.
Termination by Hexnode:
Termination by you:
You may terminate these Terms for any reason or no reason upon written notice to Hexnode.
Upon any expiration or termination of this Terms, the rights and licenses granted to you under this Terms shall immediately terminate, and you shall immediately cease using, and/or will return to Hexnode (or, at Hexnode’s request, destroy), the Beta Service, documentation, and all other tangible items in your possession or control that are proprietary to or contain Confidential Information.
LIMITATION OF LIABILITY
By accepting these Terms or using the Beta Services, you understand and acknowledge that the Beta Service is being provided as a “beta” version and made available on an “as Is” or “as available” basis WITHOUT ANY EXPRESS OR IMPLIED WARRANTY OF ANY KIND INCLUDING WARRANTIES OF MERCHANTABILITY OR FITNESS FOR ANY PARTICULAR PURPOSE. IN NO EVENT SHALL HEXNODE BE LIABLE FOR ANY DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF PROFITS, BUSINESS INTERRUPTION, LOSS OF INFORMATION, DAMAGE TO ANY EQUIPMENT, AND/OR SOFTWARE) ARISING OUT OF THE USE OF OR INABILITY TO USE THE BETA SERVICE, EVEN IF HEXNODE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
The Beta Service may contain bugs, errors, and other problems. YOU ASSUME ALL RISKS AND ALL COSTS ASSOCIATED WITH YOUR USE OF THE BETA SERVICE, INCLUDING, WITHOUT LIMITATION, ANY INTERNET ACCESS FEES, BACK-UP EXPENSES, COSTS INCURRED FOR THE USE OF YOUR DEVICE AND PERIPHERALS, THAT MAY ARISE FROM YOUR USE OF THE BETA SERVICE.
In addition, you acknowledge that we are not obligated to provide any maintenance, technical, or other support for the Beta Services.
Provision of any Beta Service under this Agreement is experimental and shall not create any obligation for Hexnode to continue to develop, productize, support, repair, offer for sale or in any other way continue to provide or develop software either to you or to any other party. Should a commercial version be made available, it may have features or functionality that are different from those found in the Beta Service licensed hereunder.
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