Congratulations on being selected to participate in an upcoming beta test! This Beta Participant Agreement is a legal document being executed between you and ARConnex Inc. (ARConnex) that outlines both your obligations and the company’s. It is important for you and ARConnex that you are comfortable with these terms. While it may not be exciting reading, you should read the entire agreement before you sign it. If you do not understand or agree to any part of the agreement, you should not sign this document and instead ask questions before completing it.
By signing this document, you are agreeing to all the provisions. Included in these terms is your agreement to:
- Actively use and evaluate the product or service being tested
- Provide the types of feedback requested and respond to questions
- Give ARConnex all rights to any feedback you submit
- Not disclose that you are participating in this test
- Not show the materials to others
- Not share copies, pictures, or videos of the test materials in any form
- Return the test materials if requested
Thank you! We look forward to your participation in the test.
ARConnex Inc. BETA PARTICIPANT AGREEMENT
THIS AGREEMENT is made by and between ARConnex Company (ARConnex) located in Trenton, NJ and “Licensee”.
GENERAL TERMS AND CONDITIONS
- ARConnex has developed an Augmented Reality Platform and Mobile Browser (ARConnex) including modifications, enhancements, improvements, updates, additions, derivative works, documentation and related material (“ARConnex Software”).
- ARConnex desires that the ARConnex Software be tested prior to general release.
- Licensee wishes to serve as a Beta tester for such ARConnex Software;
NOW, THEREFORE, in consideration of the mutual covenants and premises herein contained, the parties hereto agree as follows:
1. Ownership and Copyright of ARConnex Software Title to the ARConnex Software and all copies thereof remain with ARConnex. The ARConnex Software is copyrighted and is protected by United States copyright laws and international treaty provisions. Licensee will not remove copyright notices from the ARConnex Software. Licensee agrees to prevent any unauthorized copying of the ARConnex Software. Except as expressly provided herein, ARConnex does not grant any express or implied right to you under ARConnex’s patents, copyrights, trademarks, or trade secret information.
2. ARConnex grants to Licensee a non-exclusive, non-transferable license to use the ARConnex Software solely for Beta testing and Beta use from effective date of agreement to 15 days after official release date of the products(s), subject to the term and conditions below.
3. In consideration for receiving a copy of the ARConnex Software for testing, Licensee agrees to serve as a “Beta Tester” for the ARConnex Software. You are entitled to access, download or install, and operate the platform and browser solely for the purposes of performing your obligations under this Agreement. You may not sell, license, or transfer the platform, or reproductions of the ARConnex platform to other parties in any way. You may download or install and operate the ARConnex platform on IOS and Android devices linked to the email address provided on sign-up.”
4. Licensee will notify ARConnex of all problems and ideas for enhancements which come to Licensee’s attention during the period of this Agreement, and hereby assigns to ARConnex all rights, title and interest to such enhancements and all property rights therein including without limitation all patent, copyright, trade secret, mask work, trademark, moral right or other intellectual property rights.
5. Licensee agrees that ARConnex Software is the sole property of ARConnex until it is officially released and includes valuable trade secrets of ARConnex. Licensee agrees to treat ARConnex Software as confidential and will not without the express written authorization of ARConnex.
5.1 Demonstrate, copy, sell or market ARConnex Software to any third party; or
5.2 Publish or otherwise disclose information relating to performance or quality of the ARConnex Software to any third party; or
5.3 Modify, reuse, disassemble, decompile, reverse engineer or otherwise translate ARConnex Software or any portion thereof.
6. “Limitation on Liability Provision of any ARConnex Software under this Agreement is experimental and shall not create any obligation for ARConnex to continue to develop, productize, support, repair, offer for sale or in any other way continue to provide or develop the ARConnex Software either to Licensee or to any other party. THE ARCONNEX SOFTWARE IS PROVIDED “AS IS” WITHOUT ANY EXPRESS OR IMPLIED WARRANTY OF ANY KIND INCLUDING WARRANTIES OF MERCHANTABILITY OR FITNESS FOR ANY PARTICULAR PURPOSE. IN NO EVENT SHALL ARCONNEX BE LIABLE FOR ANY DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF PROFITS, BUSINESS INTERRUPTION, LOSS OF INFORMATION) ARISING OUT OF THE USE OF OR INABILITY TO USE THE ARCONNEX SOFTWARE, EVEN IF ARCONNEX HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.”
7. ARConnex Software is in prerelease status and is not at the level of performance or compatibility of a final, generally available product offering. ARConnex Software may not operate correctly and may be substantially modified prior to first commercial shipment or withdrawn. ARConnex Software is provided “AS IS” without warranty of any kind. The entire risk arising out of the use or performance of ARConnex Software remains with Licensee. In no event shall ARConnex be liable for any damage whatsoever arising out of the use of or inability to use ARConnex Software, even if ARConnex has been advised of the possibility of such damages.
8. The Licensee upon completion of the Beta test agrees to provide material, statistics, or information that is not deemed confidential to Licensee’s business for use in press releases, customer testimonials, and as a reference in marketing and sales initiatives by ARConnex. Licensee will provide a quote to ARConnex that may be used in a press release.
9. This License Agreement shall be governed, construed and enforced in accordance with the laws of the United States of America and of the State of Delaware. Any notice required by this Agreement shall be given by prepaid, first class, certified mail, return receipt requested to above address or such other address as may be given from time to time under the terms of this notice provision.
10. This Agreement constitutes the entire and only agreement between the parties for ARConnex Software and all other prior negotiations, representations, agreements, and understandings are superseded hereby. No agreements altering or supplementing the terms hereof may be made except by means of a written document signed by the duly authorized representatives of the parties.
11. Licensee shall comply with all applicable federal, state and local laws, regulations, and ordinances in connection with its activities pursuant to this Agreement.
12. Failure of ARConnex to enforce a right under this Agreement shall not act as a waiver of that right or the ability to later assert that right relative to the particular situation involved.
13. If any provision of this Agreement shall be found by a court to be void, invalid or unenforceable, the same shall be reformed to comply with applicable law or stricken if not so conformable, so as not to affect the validity or enforceability of this Agreement.
These Terms and Conditions (“Terms”, “Terms and Conditions”) govern your relationship with ARConnex.com website (the “Service”) operated by ARConnex Inc. (“us”, “we”, or “our”).
Please read these Terms and Conditions carefully before using the Service.
Your access to and use of the Service is conditioned on your acceptance of and compliance with these Terms. These Terms apply to all visitors, users and others who access or use the Service.
By accessing or using the Service you agree to be bound by these Terms. If you disagree with any part of the terms then you may not access the Service.
Some parts of the Service are billed on a subscription basis (“Subscription(s)”). You will be billed in advance on a recurring and periodic basis (“Billing Cycle”). Billing cycles are set either on a monthly or annual basis, depending on the type of subscription plan you select when purchasing a Subscription.
At the end of each Billing Cycle, your Subscription will automatically renew under the exact same conditions unless you cancel it or ARConnex Inc. cancels it. You may cancel your Subscription renewal either through your online account management page or by contacting ARConnex Inc. customer support team.
A valid payment method, including credit card, is required to process the payment for your Subscription. You shall provide ARConnex Inc. with accurate and complete billing information including full name, address, state, zip code, telephone number, and a valid payment method information. By submitting such payment information, you automatically authorize ARConnex Inc. to charge all Subscription fees incurred through your account to any such payment instruments. Payment by Stripe
Should automatic billing fail to occur for any reason, ARConnex Inc. will issue an electronic invoice indicating that you must proceed manually, within a certain deadline date, with the full payment corresponding to the billing period as indicated on the invoice.
Free Trial Cloud with signup
ARConnex User accounts provide a secure method of authenticating users both on the ARConnex Platform and the ARConnex Reality Browser.
Purchased subscriptions are connected to your AR Cloud(s). A user can create and publish to multiple AR clouds, each managed with separate subscriptions.
As an introduction for users to discover some of the new expressive and connected communication capability our platform provides, ARConnex Inc. may, at its sole discretion, offer a free trial for a limited period of time (“Free Trial”).
At any time and without notice, ARConnex Inc. reserves the right to (i) modify the terms and conditions of the Free Trial offer, or (ii) cancel such Free Trial offer.
On the last day of the Free Trial period your cloud trial will end. Your user account will still gain you access to the all features of the ARConnex Reality Browser.
At any time you may buy a single low cost AR Cloud and use ad supported free publishing or purchase pay as you go view packs and subscription plans.
At any time and without notice, ARConnex Inc. reserves the right to (i) modify the support for (“ad supported free publishing”).
You will be automatically charged the applicable Subscription fees for the type of Subscription you have selected and can upgrade or downgrade tiers as needed.
Canceled cloud subscriptions will end on the next monthly billing cycle and will no longer automatically renew.
ARConnex Inc., in its sole discretion and at any time, may modify the Subscription fees for the Subscriptions. Any Subscription fee change will become effective at the end of the then-current Billing Cycle.
ARConnex Inc. will provide you with a reasonable prior notice of any change in Subscription fees to give you an opportunity to terminate your Subscription before such change becomes effective.
Your continued use of the Service after the Subscription fee change comes into effect constitutes your agreement to pay the modified Subscription fee amount.
Except when required by law, paid Subscription fees are non-refundable.
Our Service allows you to post, link, store, share and otherwise make available certain information, text, graphics, videos, or other material (“Content”). You are responsible for the Content that you post to the Service, including its legality, reliability, and appropriateness.
By posting Content to the Service, you grant us the right and license to use, modify, publicly perform, publicly display, reproduce, and distribute such Content on and through the Service. You retain any and all of your rights to any Content you submit, post or display on or through the Service and you are responsible for protecting those rights. You agree that this license includes the right for us to make your Content available to other users of the Service, who may also use your Content subject to these Terms.
You represent and warrant that: (i) the Content is yours (you own it) or you have the right to use it and grant us the rights and license as provided in these Terms, and (ii) the posting of your Content on or through the Service does not violate the privacy rights, publicity rights, copyrights, contract rights or any other rights of any person.
When you create an account with us, you must provide us information that is accurate, complete, and current at all times. Failure to do so constitutes a breach of the Terms, which may result in immediate termination of your account on our Service.
You are responsible for safeguarding the password that you use to access the Service and for any activities or actions under your password, whether your password is with our Service or a third-party service.
You agree not to disclose your password to any third party. You must notify us immediately upon becoming aware of any breach of security or unauthorized use of your account.
You may not use as a username the name of another person or entity or that is not lawfully available for use, a name or trade mark that is subject to any rights of another person or entity other than you without appropriate authorization, or a name that is otherwise offensive, vulgar or obscene.
We respect the intellectual property rights of others. It is our policy to respond to any claim that Content posted on the Service infringes the copyright or other intellectual property infringement (“Infringement”) of any person.
If you are a copyright owner, or authorized on behalf of one, and you believe that the copyrighted work has been copied in a way that constitutes copyright infringement that is taking place through the Service, you must submit your notice in writing to the attention of “Copyright Infringement” of support@ARConnex.com and include in your notice a detailed description of the alleged Infringement.
You may be held accountable for damages (including costs and attorneys’ fees) for misrepresenting that any Content is infringing your copyright.
The Service and its original content (excluding Content provided by users), features and functionality are and will remain the exclusive property of ARConnex Inc. and its licensors. The Service is protected by copyright, trademark, and other laws of both the United States and foreign countries. Our trademarks and trade dress may not be used in connection with any product or service without the prior written consent of ARConnex Inc.
Links To Other Web Sites
Our Service may contain links to third-party web sites or services that are not owned or controlled by ARConnex Inc.
ARConnex Inc. has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third party web sites or services. You further acknowledge and agree that ARConnex Inc. shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or services available on or through any such web sites or services.
We strongly advise you to read the terms and conditions and privacy policies of any third-party web sites or services that you visit.
We may terminate or suspend your account immediately, without prior notice or liability, for any reason whatsoever, including without limitation if you breach the Terms.
Upon termination, your right to use the Service will immediately cease. If you wish to terminate your account, you may simply discontinue using the Service.
Limitation Of Liability
In no event shall ARConnex Inc., nor its directors, employees, partners, agents, suppliers, or affiliates, be liable for any indirect, incidental, special, consequential or punitive damages, including without limitation, loss of profits, data, use, goodwill, or other intangible losses, resulting from (i) your access to or use of or inability to access or use the Service; (ii) any conduct or content of any third party on the Service; (iii) any content obtained from the Service; and (iv) unauthorized access, use or alteration of your transmissions or content, whether based on warranty, contract, tort (including negligence) or any other legal theory, whether or not we have been informed of the possibility of such damage, and even if a remedy set forth herein is found to have failed of its essential purpose.
Your use of the Service is at your sole risk. The Service is provided on an “AS IS” and “AS AVAILABLE” basis. The Service is provided without warranties of any kind, whether express or implied, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, non-infringement or course of performance.
ARConnex Inc. its subsidiaries, affiliates, and its licensors do not warrant that a) the Service will function uninterrupted, secure or available at any particular time or location; b) any errors or defects will be corrected; c) the Service is free of viruses or other harmful components; or d) the results of using the Service will meet your requirements.
These Terms shall be governed and construed in accordance with the laws of United States, without regard to its conflict of law provisions.
Our failure to enforce any right or provision of these Terms will not be considered a waiver of those rights. If any provision of these Terms is held to be invalid or unenforceable by a court, the remaining provisions of these Terms will remain in effect. These Terms constitute the entire agreement between us regarding our Service, and supersede and replace any prior agreements we might have between us regarding the Service.
We reserve the right, at our sole discretion, to modify or replace these Terms at any time. If a revision is material we will try to provide at least 30 days notice prior to any new terms taking effect. What constitutes a material change will be determined at our sole discretion.
By continuing to access or use our Service after those revisions become effective, you agree to be bound by the revised terms. If you do not agree to the new terms, please stop using the Service.
If you have any questions.