Private Release User Agreement
This is an agreement between IMANI, Inc. (hereinafter may be referred as Company/Us/We), and you (Trusted Tester) regarding our Private Release ("Release") of the Money Clouds Application ("Application"). In this Release, IMANI, Inc. will work with you and a small number of other customers to get familiarized with the basic functionalities of the Application.
I. GOALS FOR TRUSTED TESTER
1. Create Account
2. Sign in to the Application
3. Familiarize yourself with the working features of the Application and become confident with the technical aspects of the Release
4. Develop stories that may be used for future publishing
5. Contribute to feature requests and improvement ideas that may affect our Application roadmap
II. GOALS FOR COMPANY
1. To collect user feedback to help make the Application better. We will do this by:
1. Having Trusted Testers interact with Company team members
2. Having Trusted Testers complete questionnaires in regard to experiences within the Application
2. To collect data on feature usage and problems (especially the ones that would be reported) to help improve the Application
III. OBLIGATIONS OF COMPANY
1. IMANI, Inc. gives you a private, single-user, royalty-free, non-assignable, and non-exclusive license to use the Application for the sole purpose of enabling you to use and enjoy the benefit of the Application, in the manner permitted by these Terms.
2. While we are looking to provide access to the Application for 60 days, Company reserves the right to change, limit, or remove your access rights at our sole discretion.
3. IMANI, Inc. may modify the Terms of this Private Release Agreement at any time and will always provide you notice of such modifications via email.
4. From time to time and at our discretion, we will apply automatic updates to the Application. These updates are designed to improve, enhance, and further develop the Application and may take the form of bug fixes, enhanced functions, new software features, and completely new versions. You agree to receive such updates and permit IMANI, Inc. to deliver these to you as part of your use of the Application and acknowledge that during such updates the Application may be inaccessible. In the event where an update results in the Application being inaccessible, we will notify you within a reasonable time prior.
IV. DISCLAIMERS AND WARRANTIES
1. THE APPLICATION IS PROVIDED AS IS AND COMPANY DISCLAIMS ANY AND ALL REPRESENTATIONS OR WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, WITH RESPECT TO IT, INCLUDING ANY IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE.
2. IMANI, INC. WILL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGE, ARISING OUT OF ANY USE OF OUR APPLICATION OR ANY PERFORMANCE OF THIS AGREEMENT.
V. TRUSTED TESTER OBLIGATIONS
1. You agree to the Terms of this Agreement which includes your agreement to provide us with User Feedback (when requested) and your acceptance of our Confidentiality Notice.
2. You are under no obligation to purchase paid services as a result of your use of the Release.
3. You may terminate your use of our Application at any time without notice; however your continued use of the Application, particularly after you've been notified of changes to the Terms of this Agreement, will be deemed to be your continued agreement to the Terms.
4. The Application is a test product and its accuracy and reliability are not guaranteed. You should not rely exclusively on our Application for any reason. You will not hold us liable for any loss of or damage to data occurring as a result of your participation in using the Release. You waive any and all claims you may have against us arising out of the performance or non-performance of our Application.
5. You agree to take reasonable security precautions to prevent our Application from being seen by unauthorized individuals.
6. You agree that this Agreement is personal to you. You will not assign or otherwise transfer any rights or obligations under this Agreement to anyone else.
VI. NO RIGHTS, TITLE, OR INTEREST
1. THIS AGREEMENT DOES NOT CONSTITUTE A GRANT OR AN INTENTION OR COMMITMENT TO GRANT ANY RIGHT, TITLE, OR INTEREST IN OUR APPLICATION OR OUR TRADE SECRETS TO YOU.
2. YOU AGREE THAT ANY FEEDBACK YOU PROVIDE AS PART OF THIS AGREEMENT SHALL BE THE PROPERTY OF IMANI, INC. AND YOU AGREE TO ASSIGN ALL RIGHT, TITLE, AND INTEREST IN AND TO SUCH FEEDBACK TO US.
3. YOU MAY NOT SELL OR TRANSFER ANY PORTION OF APPLICATION TO ANY THIRD PARTY OR USE OUR APPLICATION IN ANY MANNER TO PRODUCE, MARKET, OR SUPPORT YOUR OWN OR SOMEONE ELSE'S PRODUCTS. YOU SHALL NOT IDENTIFY OUR APPLICATION AS COMING FROM ANY SOURCE OTHER THAN IMANI, INC.
VII. TRUSTED TESTER FEEDBACK
As a Trusted Tester of the Release, you agree to allow us to communicate with you as follows:
1. Ask for feedback on the features of the Application
2. Ask for feedback on the content used in the Application
3. Ask for feedback on the info that explains what to do with questions, comments, and/or problems
4. Send follow-up questionnaires and surveys
5. Pursue direct contact
Please feel free to contact us with questions or concerns.
o Contract, product, or legal issues: IMANI, Inc.- Legal Team
o Technical issues: IMANI, Inc.- Technical Support Team
IX. CONFIDENTIALITY NOTICE
0. The Application is proprietary to IMANI, Inc. and is a valuable trade secret. It is entrusted to you only for the purpose specified in this Agreement. You shall maintain the Application in the strictest confidence. You will not, without our prior written consent:
1. Disclose any information about our Application, including the existence of the Release and its results and the Application's design and performance specifications, to anyone other than us; or
2. Copy any portion of the Application or documentation, except to the extent necessary to use the Application; or
3. Attempt to reverse engineer, decompile, or disassemble our Application or any portion of it;
X. ENDING RELEASE RELATIONSHIP WITH TRUSTED TESTER
This Agreement will terminate upon our next release or any other release (entirely at our discretion) or when we inform you that we have removed your access or when you stop using the Application indefinitely, whichever occurs first. The restrictions and obligations contained in the sections entitled "Your Obligations" and "Confidentiality Notice" will remain in effect for a period of 24 months from the date of this agreement.
0. By using our Application, you accept that these Terms will form a legally binding Agreement.
1. If you are an employee, service provider, consultant, contractor, or other party who is using our Application on behalf of another person or organization, you will be deemed to have accepted the terms and conditions of this Agreement on behalf of that person or organization.
2. If you do not agree with these terms and conditions, please do not use our Application. If you do not agree with these terms and conditions, you are not authorized to use our Application for any purpose whatsoever.