Beta Participation Agreement
Please read the beta participation agreement carefully. It contains the terms and conditions under which SysCloud, Inc. will make available the beta version of its products to you.
Preamble - Beta participation agreement
Assent to be bound
Feedback from Licensee
Grant of license and restrictions
Beta Products - support
Limitation on liability
Changes to beta Products
Changes to the beta participation agreement
By choosing to use the beta Products, you agree to receive communications from SysCloud in an electronic form and that all communication provided to you electronically will satisfy all legal requirements as such as if it were in writing. If you want to discontinue communications from SysCloud, you must contact us at firstname.lastname@example.org.
- This Agreement shall be binding upon, and inure to the benefit of SysCloud and you, their legal representatives, successors and assigns. However, no assignment shall be made of the rights hereunder without the prior written consent of the other Party.
- This Agreement embodies and constitutes the entire understanding between the Parties with respect to the transactions contemplated herein. All prior or contemporaneous agreements, understandings, representations, oral or written, are superseded by this agreement unless explicitly included as an attachment.
- Neither this Agreement nor any provision hereof may be waived, modified, amended, discharged, or terminated.
- All notices that are required to be given hereunder will be deemed to have been properly given and will be effective when and if sent by U.S. regular mail, postage prepaid, U.S. certified mail, electronic mail, and/or by personal delivery or by courier, to the address of the other Party.
- Except as otherwise provided for in this section, SysCloud and you agree that any and all controversies or claims arising out of or relating to this agreement, or any alleged breach thereof, shall be resolved by binding arbitration as prescribed herein. A single arbitrator engaged in the practice of law shall conduct the arbitration under the current rules of the American Arbitration Association (“AAA”), unless otherwise provided herein. The arbitrator shall be selected in accordance with AAA procedures from a list of qualified people maintained by AAA. The arbitration shall be conducted in the city of San Jose, California, and all expedited procedures prescribed under the AAA rules shall apply. There shall be no discovery other than the exchange of information, which is provided to the arbitrators by the Parties. The arbitrator shall only have authority to award compensatory damages and shall not have authority to award punitive damages, other non-compensatory damages or any other form of relief. Each Party shall bear its own costs and attorneys’ fees and disbursements. The arbitrator’s decision and award shall be final and binding, and judgment upon the award rendered by the arbitrator may be entered in any court having jurisdiction thereof.
- The provisions of this Agreement are for the benefit only of the Parties, and no third party may seek to enforce or benefit from these provisions.
- If one or more provisions of this Agreement are held to be unenforceable under applicable law, such provision shall be excluded from this Agreement and the balance of the Agreement shall be interpreted as if such provision was so excluded and shall be enforceable in accordance with its terms.