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Ducosuite Beta Terms & Conditions

PLEASE SCROLL DOWN AND READ ALL OF THE FOLLOWING TERMS AND CONDITIONS OF THE DUCOSUITE BETA SOFTWARE PROGRAM AGREEMENT (“AGREEMENT”) CAREFULLY.  IF YOU AGREE TO BE BOUND BY ALL OF THE TERMS AND CONDITIONS OF THIS AGREEMENT, CLICK/CHECK THE “ACCEPT” BUTTON.  IF YOU DO NOT AGREE TO BE BOUND BY ALL OF THE TERMS AND CONDITIONS OF THIS AGREEMENT, YOU WILL BE INELIGIBLE TO PARTICIPATE IN THE DUCOSUITE BETA SOFTWARE PROGRAM.

  1.   Participation in the Ducosuite Beta Software Program.The purpose of the Ducosuite Beta Software Program (“Beta Program”) is to make alpha, beta, seed, and other pre-release software, pre-release services, and related documentation, materials, and information (collectively, the “Pre-Release Software”) available to Beta Program participants from time to time for the purpose of providing Ducosuite with feedback on the quality and usability of the Pre-Release Software.  You understand and agree that participation in the Beta Program is voluntary and does not create a legal partnership, agency, or employment relationship between you and Ducosuite.  You understand that your participation in the Beta Program does not obligate Ducosuite to provide you with any Pre-Release Software.  Ducosuite reserves the right to modify the terms, conditions, and policies of this Beta Program from time to time, and to grant or revoke your participation in this Beta Program at any time.  If Ducosuite makes changes to the terms and conditions of this Agreement, then Ducosuite will present such revised terms and conditions to you on the Beta Program web portal.

By participating in the Beta Program, You certify that you are of the legal age of majority in the jurisdiction in which you reside (at least 18 years of age in many countries) and you represent that you are legally permitted to join the Beta Program.  This Agreement is void where prohibited by law and the right to become a Beta Program participant is not granted in such jurisdictions.  Unless otherwise agreed or permitted by Ducosuite in writing, you cannot share or transfer any software or other materials you receive from Ducosuite in connection with being a Beta Program participant.  The Ducosuite ID and password you use to login as a Beta Program participant cannot be shared in any way or with any one.  You are responsible for maintaining the confidentiality of your Ducosuite ID and password and for any activity in connection with your account.  Notwithstanding the foregoing restrictions in this Section 1, if you are the parent or legal guardian of individuals between the ages of 13 and the legal age of majority in the jurisdiction in which you reside, you may allow such individuals to share your Ducosuite ID and password for their use in connection with the Beta Program solely under your supervision and only in accordance with this Agreement.  You are responsible for such individuals’ compliance with and violations of this Agreement and any other Ducosuite agreements.

.     Feedback; Contact from Ducosuite.  As part of the Beta Program, Ducosuite will provide you with the opportunity to submit bug reports, questionnaires, enhancement requests, issue reports and/or support information (collectively, “Feedback”) to Ducosuite.  Ducosuite may request this information from you through the Seeding Tools as well as by email, web questionnaires, bug forms, and other mechanisms.  By agreeing to this Agreement, you agree that Ducosuite may contact you from time to time about the Beta Program, and you hereby consent to receive such communications.  Except as otherwise set forth in Section 3, you agree that in the absence of a separate written agreement to the contrary, Ducosuite will be free to use any Feedback you provide for any purpose. 

 

.     Nonuse and Nondisclosure of Confidential Information.  Except as expressly permitted in this Section, you agree that you will not disclose, publish, or otherwise disseminate any Confidential Information to anyone other than individuals who are enrolled in the same individual seed as you, or as otherwise expressly permitted or agreed to in writing by Ducosuite.  You further agree to take reasonable precautions to prevent any unauthorized use, disclosure, publication, or dissemination of Confidential Information, including preventing access to or display of the Ducosuite Software to third parties.  You agree to use the Confidential Information solely for the permitted uses as set forth in this Agreement.  You agree not to use Confidential Information otherwise for your own or any third party’s benefit without the prior written approval of an authorized representative of Ducosuite in each instance.  You hereby acknowledge that unauthorized disclosure or use of Confidential Information could cause irreparable harm and significant injury to Ducosuite that may be difficult to ascertain.  Accordingly, you agree that Ducosuite will have the right to seek immediate injunctive relief to enforce obligations under this Agreement in addition to any other rights and remedies it may have.

.     Definition of Confidential Information.  You agree that the Pre-Release Software and any information concerning the Pre-Release Software (including its nature and existence, features, functionality, and screen shots), the Seeding Tools, and any other information disclosed by Ducosuite to you in connection with the Beta Program will be considered and referred to in this Agreement as “Confidential Information.”  Information that otherwise would be deemed Confidential Information but (a) is generally and legitimately available to the public through no fault or breach of yours, (b) is generally made available to the public by Ducosuite, (c) is independently developed by you without the use of any Confidential Information, (d) was rightfully obtained from a third party who had the right to transfer or disclose it to you without limitation, or (e) any third party software and/or documentation provided to you by Ducosuite and accompanied by licensing terms that do not impose confidentiality obligations on the use or disclosure of such software and/or documentation will not be considered Confidential Information under this Agreement.  All Confidential Information remains the sole property of Ducosuite and you have no implied licenses or other rights in the Confidential Information not specified in this Agreement.

  1.   Precautions for the use of Pre-Release Software. YOU UNDERSTAND THAT DATA (INCLUDING DOCUMENTS) FROM SUCH APPLICATIONS OR SERVICES THAT YOU CREATE OR CHANGE WHILE USING THE PRE-RELEASE SOFTWARE MAY BE INCAPABLE OF BEING RESTORED OR RECOVERED.  DUCOSUITE SHALL NOT BE RESPONSIBLE FOR ANY COSTS, EXPENSES OR OTHER LIABILITIES YOU MAY INCUR AS A RESULT OF YOUR TESTING, INSTALLATION OR USE OF PRE-RELEASE SOFTWARE, INCLUDING BUT NOT LIMITED TO ANY DAMAGE TO ANY EQUIPMENT, SOFTWARE OR DATA OR ANY LOSS OF DATA OR INFORMATION ARISING FROM YOUR USE OF SUCH PRE-RELEASE SOFTWARE.  In addition, the Pre-Release Software may contain errors or inaccuracies that could cause failures, corruption or loss of data and/or information from your computer and/or device or from your peripherals (including, without limitation, servers and printers) connected thereto.  Ducosuite strongly encourages you to back-up all data and information on your computer, devices and/or any peripherals prior to your participation in the Beta Program and before any individual seeds.  The Pre-Release Software is not intended for full use, and should not be used, in production or business-critical systems.  
  1.   Consent to Collection and Use of Data.

3.1     Pre-Release Versions of Ducosuite.  In order to test and help Ducosuite, its partners, and third party developers improve their products and services, and unless you opt out as set forth below, you acknowledge that Ducosuite and its subsidiaries and agents will be collecting, using, storing, processing and analyzing (collectively, “Collecting”) diagnostic, technical, and usage logs and information from your computers that are running such pre-release versions of Ducosuite as part of this Beta Program.  This information will be Collected in a form that does not personally identify you and may be Collected from such computers or browser at any time. The information that would be Collected includes, but is not limited to, general diagnostic and usage data, various unique system or hardware identifiers, information about your computer, system and application software, and peripherals, and, if Location Services is enabled, the real-time geographic location of your computer, cookies and location search queries. Further, you agree that Ducosuite may share such diagnostic, technical, and usage logs and information with partners and third party developers for purposes of allowing them to improve their products and services that operate on or in connection with Ducosuite products.  By installing or using pre-release versions of Ducosuite on your computers or browser, you acknowledge and agree that Ducosuite and its subsidiaries and agents have your permission to Collect all such information and use it as set forth above.  If you do not agree to the foregoing, you may opt out by changing your Diagnostics & Usage and/or Location Services settings in System Preferences on your computer.

 

  1.   No Support and Maintenance; Future Products.During your participation in the Beta Program or in a particular seed, Ducosuite is not obligated to provide you with any maintenance, technical or other support for the Pre-Release Software.  If, at Ducosuite’s option, such support is provided, it will be provided on a case by case basis.  You agree to abide by any support rules and policies that Ducosuite provides to you in order to receive such support.  You acknowledge that Ducosuite has no express or implied obligation to announce or make available a commercial version of the Pre-Release Software to anyone in the future.  Should a commercial version be made available, it may have features or functionality that are different from those found in the Pre-Release Software licensed hereunder.
  1.   Discussion Forums.As part of the Beta Program, you may have the ability to participate in discussion forums provided by Ducosuite about the Pre-Release Software and other Confidential Information that Ducosuite may make available to you.  For purposes of such discussion forums, Ducosuite is providing a limited exception to Section 1 by allowing you to discuss certain Ducosuite Confidential Information received by you in connection with a particular seed with other seed participants who are in the same seed as you in the Ducosuite designated discussion forum for such seed, and only within this discussion forum.  Except for the limited purpose of discussions with other seed participants within such forums, you acknowledge and agree that this Agreement does not grant you the right to copy, reproduce, publish, blog, disclose, transmit, or otherwise disseminate any Ducosuite Confidential Information.