PUPPI AND APPLICATIONS BETA USER AGREEMENT
THIS AGREEMENT is made by and between Programmatic Modeling Consultants LLC, formed in Massachusetts (“PMC”) and anyone using the PUPPI Library and applications using PUPPI developed by PMC (“Software”), henceforth referred to as “Licensee”. This agreement is not a developer agreement, and it prohibits the Licensee to develop, sell or market any software or program that uses the PUPPI Library.
GENERAL TERMS AND CONDITIONS
A.PMC distributes PUPPI, including modifications, enhancements, improvements, updates, additions, derivative works, documentation and related material ("Software").
B. Mihai Pruna created the PUPPI library and is the owner of all intellectual rights associated with the PUPPI library.
C.PMC desires that the Software be tested prior to general release.
D.Licensee wishes to serve as a Beta test site for such Software;
NOW, THEREFORE, in consideration of the mutual covenants and premises herein contained, the parties hereto agree as follows:
1 PMC grants to Licensee a non-exclusive, non-transferable license to use the Software on a single computer at Licensee's business location solely for Beta testing and Beta use , subject to the term and conditions below.
2 In consideration for receiving a copy of the Software for testing, Licensee agrees to serve as a "Beta Site" for the Software and will notify PMC of all problems and ideas for enhancements which come to Licensee's attention during the period of this Agreement, and hereby assigns to PMC 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 Licensee agrees that Software is the sole property of PMC until it is officially released and includes valuable trade secrets of PMC. Licensee agrees to treat Software as confidential and will not without the express written authorization of PMC:
3.1 Demonstrate, copy, sell or market Software to any third party; or
3.2 Publish or otherwise disclose information relating to performance or quality of the Software to any third party; or
3.3 Modify, reuse, disassemble, decompile, reverse engineer or otherwise translate Software or any portion thereof.
4 Software is prerelease code and is not at the level of performance or compatibility of a final, generally available product offering. Software may not operate correctly and may be substantially modified prior to first commercial shipment, or withdrawn. Software is provided "AS IS" without warranty of any kind. The entire risk arising out of the use or performance of Software remains with Licensee. In no event shall PMC or Mihai Pruna be liable for any damage whatsoever arising out of the use of or inability to use Software, even if PMC has been advised of the possibility of such damages.
5 Software related material, statistics, or information that is not deemed confidential to Licensee’s business can be used in press releases, customer testimonials, and as a reference in marketing and sales initiatives by PMC.
6 This License Agreement shall be governed, construed and enforced in accordance with the laws of the United States of America and of the State of Massachusetts. Any notice required by this Agreement shall be given by prepaid, first class, certified mail, return receipt requested to above address or such other address as may be given from time to time under the terms of this notice provision.
7 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. No agreements altering or supplementing the terms hereof may be made except by means of a written document signed by the duly authorized representatives of the parties.
8 Licensee shall comply with all applicable federal, state and local laws, regulations, and ordinances in connection with its activities pursuant to this Agreement.
9 Failure of PMC to enforce a right under this Agreement shall not act as a waiver of that right or the ability to later assert that right relative to the particular situation involved.
10 If any provision of this Agreement shall be found by a court to be void, invalid or unenforceable, the same shall be reformed to comply with applicable law or stricken if not so conformable, so as not to affect the validity or enforceability of this Agreement.
By using this software, the Licensee has agreed to the above terms. If the Licensee does not agree to the above terms, the Licensee will uninstall / remove Software.