Open Beta Program Agreement
This Open Beta Program Agreement ("Agreement") is entered into as of the date the participant checks the "I agree to enter the beta program" checkbox on the BentleyPC LLC website ("Effective Date").
Parties: This Agreement is between BentleyPC LLC, a Georgia limited liability company ("Company"), and the individual or entity submitting the TA-webtools-pro access request form ("Participant").
1. Purpose. BentleyPC LLC has developed a software product known as TA-webtools-pro ("Software"), a Professional Edition Enterprise Network Operations & Security Suite for Splunk. The Company desires to invite select participants to use the Software during its open beta period prior to general public availability, and Participants desire to use the Software under the terms of this Agreement.
2. Beta Access. Upon acceptance of this Agreement, the Company shall grant Participant non-exclusive access to the TA-webtools-pro Software via Splunkbase. Beta access is provided on an "AS IS" and "AS AVAILABLE" basis. The Software may contain bugs, incomplete features, or may undergo changes during the beta period.
3. Beta Pricing. During the beta period, Participants shall receive a discounted licensing rate as determined by the Company at the time of conversion to a paid license. The exact discounted rate shall be communicated to the Participant by the Company's sales team.
4. Participant Obligations. In consideration for the beta access and discounted pricing, Participant agrees to:
(a) Testimonials: Provide at least one written testimonial describing their experience using the Software. The Company may edit the testimonial for grammar, clarity, and length.
(b) Name and Logo Usage: Grant the Company the right to use Participant's name, company name, logo, and any provided testimonial in marketing materials, websites, presentations, case studies, and other promotional content, in any medium, in perpetuity.
(c) Feedback: Provide honest and timely feedback on the Software's features, performance, usability, and any issues encountered.
(d) Case Study: Participate in a brief interview or written case study regarding their use of the Software (optional but encouraged).
5. License Grant. The Company grants Participant a non-exclusive, non-transferable, revocable license to use the TA-webtools-pro Software during the beta period solely for Participant's internal business purposes. The license is contingent upon Participant's continued compliance with this Agreement.
6. Company Rights. The Company reserves the right to:
(a) Make changes, updates, or improvements to the Software at any time during the beta period;
(b) Discontinue or terminate beta access at any time upon notice to Participant;
(c) Convert beta Participants to paid licenses based on terms communicated by the sales team;
(d) Use Participant's feedback, suggestions, or recommendations to improve the Software without obligation to compensate Participant.
7. Confidentiality. Participant agrees that the Software and any related documentation, source code, or technical information shared during the beta period shall be considered confidential and shall not be disclosed to third parties without the Company's prior written consent, except as necessary for Participant's internal evaluation and use.
8. No Warranty. THE SOFTWARE IS PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. THE COMPANY SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES ARISING FROM THE USE OF THE SOFTWARE.
9. Term and Termination. This Agreement shall commence on the Effective Date and continue until terminated by either party. The Company may terminate this Agreement at any time by notifying the Participant. Upon termination, Participant's beta access shall cease, and the rights granted under Sections 4(b) and 6(d) shall survive in perpetuity.
10. Governing Law. This Agreement shall be governed by and construed in accordance with the laws of the State of Georgia, without regard to its conflict of laws principles. Any disputes arising under this Agreement shall be resolved exclusively in the state or federal courts located in Fulton County, Georgia.
11. Miscellaneous. This Agreement constitutes the entire agreement between the parties regarding the subject matter herein. If any provision is found to be unenforceable, the remaining provisions shall remain in full force. Amendments must be in writing and signed by both parties. No waiver of any provision shall be effective unless in writing and signed by the waiving party.
By checking "I agree to enter the beta program," Participant acknowledges that they have read, understood, and agreed to be bound by all terms and conditions of this Agreement.