CC Beta Software Request
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cineXtools beta test agreement
DISCLAIMER OF WARRANTY
The Product (including the software, if any, and documentation) is provided hereunder “as is”. Cinedeck makes and User receives no warranties in connection with the product, or modifications or improvements thereto, delivered hereunder, express, implied, statutory or in any other provision of this agreement or communication between Cinedeck and User. Cinedeck specifically disclaims all implied warranties, including warranties of merchantability, noninfringement and fitness for a particular purpose, or arising from a course of dealing, usage or trade practice.
OWNERSHIP AND SOFTWARE LICENSE
(a) Ownership. User acknowledges that the Product is loaned to User for beta testing and that Cinedeck retains ownership of all right, title and interest to the Product, the Product design and Documentation, and the intellectual property rights therein and thereto (including without limitation, all patent rights, design rights, copyrights and trade secret rights) subject to the Software license granted. User agrees not to (i) copy, modify, or reverse engineer the Product hardware or design, make derivative works based upon the Product, or use the Product to develop any products, without Cinedeck’s prior written approval or (ii) sell, license, rent, or transfer the Product to any third party. Cinedeck hereby reserves, and User hereby agrees, that Cinedeck shall have a security interest in the Products delivered under this Agreement. If requested by Cinedeck, User agrees to execute and deliver financing statements or any other instruments, recordings or filings deemed necessary by Cinedeck to protect and preserve its right, title and interest in and to the hardware Products under applicable law.
(b) Software License Grant. Cinedeck hereby grants to User and User accepts a personal, non-transferable, non-exclusive license to use the Software subject for the Beta Test Period solely for the purpose of testing and evaluating the Software subject to the following restrictions: (i) at the Users Site listed on Schedule B; (ii) used only with Product listed on Schedule A; and (iii) no copies of Software are made except for one (1) archival copy.
(c) Modifications. User hereby assigns to Cinedeck, Users entire right, title and interest (including, without limitation, all patent rights, design rights, copyrights and trade secrets) in any modifications or improvements to the Products which User may propose or make during the Beta Test Period or which User and Cinedeck may jointly make during the Beta Test Period.
Notwithstanding anything else herein, Cinedeck or its Suppliers or Otherwise assume no liability.
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