Quotit Development
System Requirements
- Microsoft Windows XP SP 2 (or later) or Windows Vista
- Microsoft Outlook 2003 or 2007
- Active Quotit iPro Account
- 70 MB Free Disk Space
The Beta version of the upcoming Quotit for Microsoft Outlook (IFP VERSION) Product
Please complete the following application if you are interested in beta testing our new Quotit for Microsoft Outlook feature. First read these "Terms and Conditions" and make sure you agree with them. Access and use of the beta Software constitutes your acceptance of these Terms and Conditions. If you cannot read them or you don't understand them, please contact us first.
TERMS AND CONDITIONS
This is an agreement, effective today, between Quotit Corporation (the "Company") and you (the "Tester"), in which Tester agrees to test a software program known as Quotit for Microsoft Outlook (IFP VERSION) (the "Software") and share the test results with Company.
- 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 identifying potential inherent software anomalies.
- You agree that there is NO formal support for this Software yet and none will be available until such a time as the Software is generally released. The only support available will be "as is" and such email response from our customer service department as we may provide in our sole discretion.
- There is no guarantee of a specific general release date or time for the Software.
- You must be a current QUOTIT Licensed Subscriber in good standing to be considered for this testing program. Company, in its sole discretion may decline to allow you to participate in this testing program.
- Company's Obligations: The Company shall provide Tester with a copy of the Software, and any applicable documentation. Company shall use commercially reasonable efforts to respond to Tester questions and problems via electronic mail only. Upon satisfactory completion of the testing (which shall be determined in Company’s sole discretion) and SUBMISSION OF ALL REQUIRED FORMS AND APPROVALS described herein, the Company may, but is not obligated to, 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 of the test period, if Tester receives a generally released version of the test Software, Tester shall be entitled to the same benefits to which regular purchasers of the Software will be entitled and this Agreement shall no longer apply to Tester’s use of the generally released Software.
- Tester's Obligations:
- (a) Tester may only use a single copy of the Software and may only install and use the Software at the address set forth below. Tester shall test the Software under normally expected operating conditions in Tester's production environment during the test period. Tester shall follow such other instructions provided by Company.
- (b) Tester shall gather and report test data to the Company via a bi-weekly conference call, or in such other manner as directed by Company. It is expected that the Tester will provide at least one bug or feature request per week.
- (c) Tester shall complete the 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. Company may terminate this Agreement at any time with or without cause.
- (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. Tester agrees to make no statements that will put Company in a negative light. 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.
- 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.
- 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.
- Term of Agreement: The current test period shall last from April 4th, 2008 until June 22nd, 2008. Company may shorten or lengthen the term of the test period in its sole discretion upon written notice to Tester. At the end of the test period, Tester shall either return the beta Software or destroy the beta Software, and this Agreement shall terminate upon the return or destruction of the beta Software. The restrictions and obligations contained in Clauses 6e, 6f, 6g, 7, 8, 9, 11, 12, 13, 14, 15,16, 17 and 18 shall survive the expiration, termination or cancellation of this Agreement, and shall continue to bind Tester, its successors, heirs and assigns.
- Return or 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 or return all copies of the beta Software and all related beta materials and erase all portions thereof from computer memory.
- 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 and 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.
- THE SOFTWARE IS ACCEPTED BY TESTER ON AN "AS IS" BASIS WITHOUT ANY WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING ANY IMPLIED WARRANTIES OF MERCHANTABILITY, NONINFRINGEMENT OR FITNESS FOR A PARTICULAR PURPOSE.
- 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, COMPANY IS FOUND TO BE LIABLE FOR ANY REASON, TESTER AGREES NOT TO HOLD COMPANY LIABLE FOR ANY MONETARY AMOUNTS IN EXCESS OF THE ORIGINAL PURCHASE PRICE OF THE SOFTWARE.
- No Rights Granted: Tester understands and acknowledges that the Software is provided 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.
- No Assignments: This Agreement is personal to Tester. Tester shall not assign, delegate or otherwise transfer any rights or obligations under this Agreement. Tester shall not permit testing of the Software to be performed by anyone except for employees of Tester.
- Entire Agreement: This Agreement constitutes the entire agreement of the parties with respect to beta testing of the Software. Use of the generally released versions of the Quotit software is governed by the applicable license agreement ("Quotit License").
- Software license: Software license: In all cases where this Agreement is found to contradict with the Quotit License, this Agreement will control.
- 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 Orange County in the State of California.