AMENDMENT TO END USER LICENSE AGREEMENT FOR OPEN BETA TEST
NOTICE TO USER: PLEASE READ THIS AGREEMENT CAREFULLY. BY ACCEPTING THIS AGREEMENT OR BY USING ALL OR ANY PORTION OF THE SOFTWARE OR BY DOWNLOADING THE SOFTWARE, YOU ACCEPT ALL THE TERMS AND CONDITIONS OF THIS AGREEMENT. YOU WARRANT THAT YOU ACT AS ENTERPRENEUR AND NOT AS CONSUMER. YOU AGREE THAT THIS AGREEMENT IS ENFORCEABLE LIKE ANY WRITTEN NEGOTIATED AGREEMENT SIGNED BY YOU. THIS AGREEMENT IS ENFORCEABLE AGAINST YOU AND ANY LEGAL ENTITY THAT OBTAINED THE SOFTWARE AND ON WHOSE BEHALF THEY ARE USED. IF YOU DO NOT AGREE, OR ACT AS CONSUMER, DO NOT USE THE SOFTWARE.
ARRI permits you to Use the Software only in accordance with the terms the end user license agreement amended by the terms of this amendment to end user license agreement (“Agreement”).
"Software" means (a) all of the contents of the files provided under this Agreement, including but not limited to (i) Software as provided together with this amended licence agreement for download at ARRI’s website, or provided to you via download link or any other media or in any other form (ii) any related files to the Software and (iii) related explanatory written materials or files or oral information ("Documentation"); and (b) upgrades, modified versions, updates, bug fixes, additions, and copies of the Software, if any, licensed to you by ARRI, unless they are accompanied by a separate licence or licence agreement (collectively, "Updates"). It is expressly stated, that this Software is under development, not finally tested and not officially released and any Use is on your own risk and your own account.
1. Right to Use
After execution of this Agreement, ARRI will provide Software to you, which is under development and not released officially to public. This Software is provided to you for beta test period and during that for evaluation and test purposes only (“Evaluation”). ARRI reserves the right to to end beta test period, with immediate effect, and cease the right to Use by giving notice on ARRI’s website or any other official statement announced by ARRI. In such case you have to immediately stop any Use of the Software and you have to remove and delete the Software or any copies thereof.
ARRI shall have no obligation to offer support for the Software, to offer any Updates or any other services related to the Software. If you have questions or need support with the Software please contact ARRI at the following email: firstname.lastname@example.org.
2. Your Responsibilities
You agree to evaluate the performance of the Software in an evaluation environment operated and maintained by you. You agree to use the Software solely for purposes of performing the Evaluation and further agree not to copy or reverse engineer the Software, nor to release or provide access to the Software, any part of the Software, or any material recorded by the Software to any party other than ARRI.
You will supply ARRI with feedback regarding the functionality of the Software and any operational issues you experience during the Use. In the event problems arise with the Software and/or the Software fails, you will promptly inform ARRI, and ARRI will take appropriate corrective action as soon as reasonably possible, but with no guaranteed response time.
The Software, its technology and the results of the Evaluation shall be treated as confidential information of ARRI under this Section 3. Any ideas and suggestions relating to the Software furnished to ARRI by you are property of ARRI and may be disclosed and used by ARRI without obligation to you. You shall protect any confidential information received against unauthorized disclosure using the same degree of care, but no less than a reasonable degree of care, as you use to protect your own confidential information of a like nature.
4. Other Provisions
You expressly acknowledge and agree that the Software is under development. It is expressly understood that the Software will not be commercially available until such time, if any, as ARRI has completed all necessary product reviews and evaluations and has specifically announced the commercial availability of the Software. ARRI expressly reserves the right to make changes to any and all aspects of the Software. Except as expressly provided herein, nothing contained in this Agreement shall in any way obligate ARRI to sell or license the Software or any subsequent commercialized version of the Software to you.
ARRI and its suppliers own all intellectual property in the Software and Confidential Information. You acquire no rights or licenses under patent, copyright or other intellectual property rights under this Agreement, except licenses granted under this amendment.
Any information provided by ARRI under this agreement and the Software itself are provided “as is” and without any warranty as to its completeness or accuracy or suitability for any particular purpose. ARRI HEREBY DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, REGARDING THE SOFTWARE AND ANY OTHER MATERIAL SUPPLIED THEREWITH, INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. IN NO EVENT SHALL EITHER PARTY BE LIABLE UNDER THIS AGREEMENT AS A RESULT OF THE FUNCTIONING OR NON-FUNCTIONING OF THE SOFTWARE, OR OTHERWISE, FOR DIRECT, INDIRECT, SPECIAL, PUNITIVE, INCIDENTAL, AND/OR CONSEQUENTIAL DAMAGES, INCLUDING THE COST OF COVER, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. DAMAGES FOR WHICH THE PARTIES WILL NOT BE RESPONSIBLE INCLUDE, BUT ARE NOT LIMITED TO, LOSS OF BUSINESS, LOSS OF PRODUCTION, LOSS OF REVENUE OR PROFIT, DOWNTIME COST, LOSS OF USE OF EQUIPMENT, FACILITIES, OR SERVICES.
This Agreement amends the end user license agreement with regard to use of the Software and the Evaluation. Unless otherwise defined in this Agreement, capitalized words (except those at the beginning of a sentence) used in this Agreement shall apply with the meaning as set out in the end user license agreement.