The Beta version of Upcoming SalesCart Products

Application for Beta Testing

Please complete the following application if you are interested in beta testing our new extension for Macromedia Dreamweaver/UltraDev.  First read these Terms & Conditions and make sure you agree with them.  If you cannot read them or you don't understand them, please contact us first.

TERMS AND CONDITIONS

As a Beta Tester and by completing your application, you signify that you have read, understand agree to the following General terms:

1. You agree and understand this is not a Final released version of software and that this product is a beta test version of software for the purpose of testing and possibly inherent with software anomalies.
2. You agree that there is NO formal support for this product yet and none will be available until such a time as the product is officially released.  The only support available will be "as is" between users of the product from our chatroom and discussion room at the SalesCart Newsgroup Discussion or via a private News Forum.
3. There is no guarantee of a specific release date or time.
4. You must have a valid SALESCART PRO License to be considered for this testing program.

As a Beta Tester and by completing your application, you signify that you have read, understand agree to the following Legal Terms:

This is an agreement, effective today, between ComCity Corporation (the “Company”) and YOU (the “Tester”), in which Tester agrees to test a software program known as SalesCart (the “Software”) and keep the Company aware of the test results. 

1.    Company’s Obligations:  The Company shall provide Tester with a copy of the Software, License key and any necessary documentation.  Company shall respond to Testers questions and problems via an electronic chat-room only.  Upon satisfactory completion of the testing and SUBMITTANCE OF ALL REQUIRED FORMS AND APPROVALS described herein, the Company may furnish Tester with a final version of the production version of the Software at a reduced price depending on the particular software in question.  At the conclusion, Tester shall be entitled to the same benefits to which regular purchasers of the Software will be entitled.  Tester may only use a single copy of the Software and may only install and use the Software at the address set forth below.

2.       Tester’s Obligations:

a)      Tester shall test the Software under normally expected operating conditions in Tester’s production environment during the test period.

b)      Tester shall gather and report test data to the Company via a weekly conference call.  It is expected that the tester will provide at least one bug or feature request per week.

c)      Tester shall complete Beta Tester Survey upon completion of the beta program.

d)      The Company maintains the rights to grant or dismiss access to the beta program at any time during the course of the program.

e)      Tester transfers the sole and exclusive rights of publications of its company name, logo and description in conjunction with the Software, its use, its design and performance specifications, its code, and the existence of the beta test and its results to the Company.

f)        Tester approves of the use of the Tester’s company logo by the Company for marketing and publicity usage pertaining to the testing of the Software.  The Company will inform the Tester prior to each publication of its company logo via e-mail.

g)      After conclusion of the beta program, the Tester agrees to produce a testimonial to the Company.  The Company preserves the rights to publish this testimonial in any publication that it deems appropriate, without compensating Tester, and will execute reasonable judgment not to harm the reputation of the Tester.

 3)      Software is a Trade Secret:  Tester acknowledges that the Software is proprietary to, and a valuable trade secret of, the Company and is entrusted to Tester only for the purpose set forth in this Agreement.  Tester shall treat the Software and details surrounding the software including anticipated release dates in the strictest confidence.  Tester agrees that it will not without the Company’s prior written consent:

(a)     disclose any information about the Software, its design and performance specifications, its code, and the existence of the beta test and its results to anyone other than Tester’s employees who are performing the testing;

(b)    copy an portion of the Software or documentation, except to the extent necessary to perform the beta testing; or

(c)     reverse engineer, decompile or disassemble the Software of any portion of it.

4.     Security Precautions:  Tester shall take reasonable security precautions to prevent the Software from being seen or used by unauthorized individuals.  This includes locking all copies of the Software and associated documentation in a desk or file cabinet when not in use.

5.     Term of Agreement:  The current test period shall last from  November 18, 2003 until January 18, 2003.  This Agreement shall terminate at the end of the test period or when the Company asks Tester to destroy the Software whichever occurs first.  The restrictions and obligations contained in Clauses 3,6,7,8 and 9 shall survive the expiration, termination or cancellation of this Agreement, and shall continue to bind Tester, its successors, heirs and assigns.

6.     Destruction of Software and Materials:  Upon the conclusion of the testing period or at the Company’s request, Tester shall promptly (within 10 days) destroy all copies of the BETA Software and all related beta materials and erase all portions thereof from computer memory.

7.     Disclaimer of Warranty:  Tester understands and acknowledges that the Software is a test product and its accuracy and reliability are not guaranteed.  Owing to its experimental nature, Tester is advised not to rely exclusively on the Software for any reason.  Tester waives any all claims it may have against the Company arising out of the performance or nonperformance  of the Software.  Further, Tester assumes all responsibility for damages, lost data, lost profits and other consequences that result from use of the Software.

8.     THE SOFTWARE IS ACCEPTED “AS IS” WITHOUT ANY WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING ANY IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE.

9.     Limitation of Liability:  The Company shall not be responsible for any loss or damage to Tester or any third parties caused by the Software or by the Company’s performance of this Agreement.  THE COMPANY 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 THIS SOFTWARE OR ANY PERFORMANCE OF THIS AGREEMENT. IF, FOR ANY REASON, COMCITY IS FOUND TO BE LIABLE FOR ANY REASON, TESTER AGREES NOT TO HOLD COMCITY LIABLE FOR ANY MONETARY AMOUNTS IN EXCESS OF THE ORIGINAL PURCHASE PRICE OF THE SOFTWARE.

10. No Rights Granted:  Tester understands and acknowledges that the Software is provide for its own use for testing purposes only.  This Agreement does not constitute a grant or an intention or commitment to grant any right, title or interest in the software or the Company’s trade secrets to Tester.  Tester may not sell or transfer any portion of the Software or the Company’s trade secrets to Tester.  Tester may not sell or transfer any portion of the Software to any third party or use the Software in any manner to produce, market or support its own products.  Tester shall clearly identify the Software as the Company’s property.

11. No Assignments:  This Agreement is personal to Tester.  Tester shall not assign or otherwise transfer any rights or obligations under this Agreement.

12. Entire Agreement:  This Agreement is personal to Tester.  Tester shall not assign or otherwise transfer any rights or obligations under this Agreement.

13. Software license:  In all cases where this agreement is found to contradict with a software license for the software, the software license will control and supercede the language of this application and agreement.

14. Applicable Law:  This Agreement is made under, and shall be construed according to the laws of the State of California.  Any action under or related to this Agreement shall be maintained in Alameda country in the State of California.