Dyrii Beta Agreement
THIS IS A LEGAL AGREEMENT BETWEEN YOU (EITHER AN INDIVIDUAL OR AN ENTITY), THE END USER, AND DYRII, LLC. IF YOU DO NOT AGREE TO THE TERMS OF THIS AGREEMENT, DO NOT DOWNLOAD THE SOFTWARE AND DO NOT INSTALL THE SOFTWARE.
BY DOWNLOADING THE SOFTWARE, YOU ARE AGREE TO THE FOLLOWING:
- Grant of License
Dyrii, LLC. grants to you a non-exclusive, non-transferable license, without right to sublicense, distribute or modify, for you to use the enclosed software and related documentation (collectively the "Product") as delivered by Dyrii, LLC. for the testing and evaluation. If the terms of this license agreement are violated, Dyrii, LLC. immediately terminates said license and the customer is subject to the liability of any harm done to Dyrii, LLC. You also acknowledge and agree that:
- The Pre-Release Software may contain errors, bugs, or other problems not usually associated with commercially available software and should not be used in a production environment or on a critical system.
- Dyrii has no obligation to provide technical support for the Pre-Release Software Product.
- Dyrii has no obligation to provide adequate user or technical documentation, nor training for the pre-release Product.
- Dyrii does not warrant that the pre-release Software Product will meet your requirements or operate under your specific conditions of use.
- Dyrii makes no warranty that operation of the Pre-release Product will be secure, error free, or free from interruption.
- Beta software is released for testing and proof of concept purposes only and to solicit feedback from the user community and partners.
You agree that the product, and other information, technical data, or know-how (including documentation) related to the Product (including the existence of the product and the results of use or testing), shall be considered Confidential Information of Dyrii, LLC. You agree to protect the confidentiality of all Confidential Information of Dyrii, LLC, and not to disclose the Confidential Information to any other party without the written permission of Dyrii, LLC. Unauthorized use or disclosure of the Product may cause irreparable harm to Dyrii, LLC. You agree promptly to report any unauthorized use or disclosure to Dyrii, LLC.
Dyrii retains all title, ownership, intellectual property and other proprietary rights in the Pre-Release Software, including any and all derivatives, modifications, enhancements and improvements to the Pre-Release Software. The Pre-Release Software is protected by copyright, patent, trademark other intellectual property laws and regulations and by international treaties. You agree that you will not take any action to interfere with Dyrii's ownership of or rights in the Pre-Release Software. You hereby assign to Dyrii, any and all right, title and interest (including, without limitation, all patent rights, design rights, copyrights, trademarks, trade dress and trade secrets) in any modifications, enhancements or improvements to the Pre-Release Software which you may propose or make during the Test Period or which you and Dyrii may jointly make during the Test Period.
Dyrii reserves the right to alter the Pre-Release Software at any time and to not release a final version of the software; any reliance on or use of the Pre-Release Software is at your own risk. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, DYRII MAKES NO WARRANTY OR REPRESENTATION, EITHER EXPRESSED OR IMPLIED WITH RESPECT TO THE PRE-RELEASE SOFTWARE, ITS QUALITY, PERFORMANCE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE OR NON-INFRINGEMENT. AS A RESULT, THE PRE-RELEASE SOFTWARE IS LICENSED "AS IS" "WITH ALL FAULTS" AND YOU ASSUME THE ENTIRE RISK AS TO ITS QUALITY AND PERFORMANCE. THIS DISCLAIMER OF WARRANTY CONSTITUTES AN ESSENTIAL PART OF THIS AGREEMENT.
DYRII SHALL NOT BE LIABLE TO YOU FOR ANY CONSEQUENTIAL, INCIDENTAL, SPECIAL OR EXEMPLARY DAMAGES ARISING OUT OF OR RELATED TO THE PRE-RELEASE SOFTWARE, EVEN IF ADVISED OF THE LIKELIHOOD OF SUCH DAMAGES. In particular, and without limitation, Dyrii shall have no liability for any data stored or processed with the Pre-Release Software, including the costs of recovering such data. IN NO EVENT SHALL DYRII'S LIABILITY ARISING OUT OF OR RELATED TO THE PRE-RELEASE SOFTWARE (WHETHER BASED ON AN ACTION OR CLAIM IN TORT, CONTRACT OR OTHER LEGAL THEORY) EXCEED ONE HUNDRED DOLLARS ($100.00).
Dyrii, LLC. makes no representation or warranty that the Product, or products developed using the Product, do not infringe any proprietary rights of any third parties. You shall assume sole responsibility for any such infringement.
You hereby agree to indemnify, defend and hold Dyrii, LLC. harmless from and against any and all claims, actions, suits, liabilities, judgments, losses, damages, attorneys' fees and other expenses of every nature and character by reason of this Agreement or use by you of products utilizing the Product.
This Agreement is governed under the laws of the state of California and the exclusive venue for all cases arising out of or related to this Agreement shall be the federal and state courts in California.
This policy was last modified on October 1, 2016