BETA TESTING PROGRAM TERMS AND CONDITIONS
Antelope Audio has developed and is developing Hi-end Audio Software, including modifications, enhancements, improvements, updates, additions, derivative works, drivers, documentation and related material (“Software”) and desires that the Software be tested prior to general release. You are given the opportunity (at your request) to have access to Antelope Audio Beta Testing Program, where you can test and enjoy the new developed drivers and Software. By agreeing to this Terms and Conditions you have expressed your wish to serve as a Beta tester for such Software now available or lounged in the future.
These terms and conditions represent legally binding agreement made by and between you (referred to herein as “Beta Tester” or “you”) and Antelope Audio (the “Agreement”), where the company details are individualized in section 10.7 below (hereinafter referred to as “Antelope Audio”) in connection with your participation as beta tester of our products.
I. General acceptance and applicability
1.1. The terms and conditions below are of application to all those who sign up as beta testers of our Software. If you are going to participate in our beta testing program, please read the terms below carefully. If the meaning or intention of a clause in the contract is unclear, please get in touch with us for clarification.
1.2 By checking the box indicating that you agree to this Beta Testing Program Terms and Conditions you (a) agree to be bound by this Agreement; (b) acknowledge and agree that you have independently evaluated the desirability of acting as a tester and are not relying on any representation, guarantee, or statement other than as expressly set forth in this Agreement; and (c) hereby represent and warrant that you are lawfully able to enter into contracts (e.g., you are not a minor) and that you are and will remain in compliance with this Agreement. In addition, if this Agreement is being agreed to by a company or other legal entity, then the person agreeing to this Agreement on behalf of that company or entity hereby represents and warrants that he or she is authorized and lawfully able to bind that company or entity to this Agreement.
II. Rights and obligations of Antelope Audio
2.1. Antelope Audio grants you a non-exclusive, non-transferable license to use the Software on a single computer at yourlocation solely for your internal business or personal operations, subject to the term and conditions below.
2.2 Antelope Audio reserves the right to modify or terminate the Software or your access to the Software or the participation in our Beta Testers Program for any reason, without notice, at any time, and without liability to you.
III. Rights and obligations of Beta Tester
3.1. In consideration for receiving a copy of the Software for testing, you agree to serve as a “Beta Tester” for the Software and will notify Antelope Audio of all problems and ideas for enhancements which come to your attention during the period of this Agreement, and hereby assigns to Antelope Audio all right, 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.
3.2 Beta Tester shall gather and report test data directly to Antelope Audio through the communication channels provided and specified by Antelope Audio.
3.2 Beta Tester will be provided with a dedicated technical support e-mail, which shall be used for beta products.
IV. Term of the Agreement
The test period shall last till Antelope Audio’s termination request. In case of Antelope Audio’s terminates unilaterally this Agreement, Beta Tester shall destroy all copies of Software in its possession or control, including all working and backup copies.
The restrictions and obligations contained in Sections V, VI, VII and VIII shall survive the expiration, termination or cancellation of this Agreement, and shall continue to bind Beta Tester, its successors, heirs and assigns.
V. Proprietary rights
5.1. Antelope Audio retains all right, title and ownership to the Software. Beta Tester may not sell, transfer, assign, pledge or in any way encumber or convey the Software or any portion or component thereof to any third party or use Software in any manner to produce, market or support its own products.
5.2 Beta Tester shall not, without Antelope Audio’s prior written consent:
(i) Copy, sell or market Software to any third party; or
(ii) Modify, reuse, disassemble, decompile, reverse engineer or otherwise translate Software or any portion thereof.
VI. Warranty disclaimer
6.1. Software is prerelease code and is not at the level of performance or compatibility of a final, generally available product offering. It is a test product and its accuracy and reliability are not guaranteed. Software may not operate correctly and may be substantially modified prior to first commercial shipment, or withdrawn.
6.2. Beta Tester waives any and all claims he/she may have against Antelope Audio arising out of the performance or nonperformance of Software.
6.3. Software is provided AS IS and Antelope Audio disclaims any and all representations or warranties of any kind, whether expressed or implied, with respect to it, including any implied warranties of merchant ability or fitness for a particular purpose. The entire risk arising out of the use or performance of Software remains with you.
VII. Limitation of liability
In no event shall Antelope Audio be responsible for any loss or damage whatsoever arising out of the use of or inability to use Software or in any other way caused by Software, either to Beta Tester or third parties, or their property, even if Antelope Audio has been advised of the possibility of such damages. Antelope Audio shall not be liable for any direct, indirect, special, incidental or consequential damage, whether based on contract or tort or any other legal theory, arising out of any use of Software or any performance of this Agreement.
8.1. Beta Tester agrees that Software is the sole property of Antelope Audio and includes valuable trade secrets of Antelope Audio. It is entrusted to Beta Tester only for the purpose set forth in this Agreement. Beta Tester shall not identify Software as coming from any source other than Antelope Audio.
8.2. Beta Tester is not an agent or a representative of Antelope Audio and its communications in forums, social medias or the like, shall not be considered as official or non-official opinion of Antelope Audio. Antelope Audio bears no responsibility for communications or opinions expressed by Beta Tester.
IX. Privacy and Collection of Personally and non-personally identifiable Information.
9.1. The Software, support or service subscription may employ applications and tools to collect personally identifiable, sensitive or other information about Beta Tester (e.g., including, without limitation, Beta Tester’s name, address, e-mail address), their computers or their computers’ interactions with other computers (e.g., including, without limitation, information regarding network, licenses used, hardware type, model, hard disk size, disk type, operating system types, IP address, location etc.).
X. General Regulations
10.1. Transfer ability. Beta Tester may not transfer or assign the rights under this Agreement to another person or entity. Any attempted transfer or, assignment not in compliance with the foregoing shall be void and of no effect.
10.2. Governing Law. Dispute Resolution. This Agreement shall be governed by and construed in accordance with the laws of the Republic of Bulgaria. Any dispute, controversy or claim arising under, out of or relating to this Agreement, or in any way related to the Use of the Software shall be referred to the Arbitration Court of the Bulgarian Chamber of Commerce and Industry and finally settled in accordance with this Arbitration Court’s Rules.
10.3. No Waiver. The waiver or failure of either party to exercise any right provided in this agreement shall not be deemed a waiver of any other right or remedy to which the party may be entitled.
10.4. Severability. If any provision of this Agreement is invalid, illegal, or unenforceable, the remainder of this Agreement will remain in full force and effect.
10.5 Entire Agreement. This Agreement constitutes the entire and only agreement between the parties for Software and all other prior negotiations, representations, agreements, and understandings are superseded hereby.
10.7 Company information
Antelope Audio is the trade name, under which the company Elektrosfera ltd., is doing business and is worldwide known. The legally bound Company under this agreement is Elektrosfera ltd., registered under the legislation of the Republic of Bulgaria with UIN: 131052590, whose registered office and mailing address is at No: 7 Tsarigradsko Shose Blvd., 7th km, Building of BIC IZOT, floor 6, Mladost region, Sofia, Bulgaria. We may also be contacted through our web page: https://en.antelopeaudio.com/.