By installing the Zoner Photo Studio X Beta application you are consenting to be bound by this agreement.
This Beta Test Agreement (the “Agreement”) is by and between ZONER software, a.s. and its affiliates (collectively, “Zoner”) and you (“You”).
- “Beta Product” shall mean those products, software, services, and/or features that are designated as beta or pre-release versions of Zoner Photo Studio X.
- Zoner grants to You a non-exclusive, non-transferable, non-sublicensable license to use the Beta Product solely for the purposes of testing, research, and evaluation. You shall not modify, disassemble, decompile, reverse engineer, rent, lease, loan, transfer, or make copies of the Beta Product.
- All title, interest, and ownership rights in and to the Beta Product and associated documentation, including any improvements, modifications, and enhancements made thereto, are and shall remain in Zoner. Except for those rights expressly granted herein, no other rights are granted, either express or implied, to You.
- The Beta Product, the fact of its existence, all accompanying documentation, and all information disclosed by Zoner to You hereunder or otherwise in connection with the Beta Product, including without limitation performance data, features and other information relating to or obtained from the Beta Product, is “Confidential Information” of Zoner. You will not use the Confidential Information except as necessary under this Agreement, and will not disclose any portion of the Confidential Information to any other person or entity. You will use all reasonable steps to protect the Confidential Information from unauthorized use or disclosure. Confidential Information does not include information that: (1) was rightfully known by You at the time of disclosure without an obligation of confidentiality, (2) is lawfully obtained by You from a third party without restriction on use or disclosure, or (3) is or becomes generally known to the public through no fault or breach of this Agreement by You.
- You can terminate this Agreement by uninstalling the Zoner Photo Studio X Beta application. All Confidential Information disclosed by Zoner to You hereunder or otherwise in connection with the Beta Product still remain subject to the terms of this Agreement.
- You agree that Zoner may obtain information and data from You in connection with Your registration, installation, and use of the Beta Product. Zoner may also collect and process technical and performance information about your use of the Beta Product and use this information to support and troubleshoot issues, provide updates, analyze trends and improve Zoner products or services. You hereby agree to provide feedback to Zoner concerning the functionality and performance of the Beta Product from time to time as reasonably requested by Zoner, including, without limitation, identifying potential errors and improvements. Feedback provided to Zoner in connection with the Beta Product may be used by Zoner to improve or enhance products, services and/or features and, accordingly, Zoner shall have a non-exclusive, perpetual, irrevocable, royalty-free, worldwide right and license to use, reproduce, disclose, sublicense, distribute, modify and otherwise exploit such Feedback without restriction.
- The Beta product may contain errors and is provided for limited evaluation only. The Beta Product is provided “as is” without warranty of any kind, whether express, implied, statutory, or otherwise.
- In no event shall Zoner have liability for any indirect, incidental, special, or consequential damages.
This Agreement shall be governed by the laws of the Czech Republic without reference to conflict of laws principles. You shall not assign this Agreement, directly or indirectly, by operation of law or otherwise, without the prior written consent of Zoner. This is the entire agreement between the parties relating to the subject matter hereof. If any provision of this Agreement is held by a court of competent jurisdiction to be contrary to law, the remaining provisions of this Agreement shall remain in full force and effect.