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The purpose of the BuyerKiosk Beta Software Program (“Beta Program”) is to make alpha, beta and other pre-release software, pre-release services, and related documentation, materials, and information (collectively, the “Pre-Release Software”) available to Beta Program participants from time to time for the purpose of providing us with feedback on the quality and usability of the Pre-Release Software. You understand and agree that participation in the Beta Program is voluntary and does not create a legal partnership, agency, or employment relationship between you and V2 Technology Solutions, Inc. (“V2TS”). You understand that your participation in the Beta Program does not obligate V2TS to provide you with any Pre-Release Software. V2TS reserves the right to modify the terms, conditions, and policies of this Beta Program from time to time, and to revoke your participation in this Beta Program at any time. If V2TS makes changes to the terms and conditions of this Agreement, then V2TS will present such revised terms and conditions to you on this web page.
By participating in the Beta Program, you certify that you are of the legal age of majority in the jurisdiction in which you reside (at least 18 years of age) and you represent that you are legally permitted to join the Beta Program. This Agreement is void where prohibited by law and the right to become a Beta Program participant is not granted in such jurisdictions. Unless otherwise agreed or permitted by V2TS in writing, you cannot share or transfer any software or other materials you receive from V2TS in connection with being a Beta Program participant.
You understand that V2TS may make Pre-Release Software available to Beta Program participants for downloading online through the Buyerkiosk Admin Panel and/or as otherwise provided through the Beta Program (e.g., by manual download of an executable file, by providing software configuration profiles, etc.). From time to time, V2TS, at its option, may also provide you with software or services as part of the Beta Program, including but not limited to scripts, code snippets, utilities, sample code as part of your participation in the Beta Program. All use of such Pre-Release Software and tools shall be pursuant to the terms and conditions of this Agreement shall be referred to as “V2TS Software” for purposes of this Agreement.
Subject to your compliance with this Agreement, V2TS hereby grants you a personal, limited license to use the V2TS Software solely for testing and evaluation purposes and only in connection with this Beta Program. Except as otherwise permitted under Section 12, this license does not grant you the right to use the V2TS Software for any other purpose, or to disclose, reproduce, distribute, modify or create derivative works of the V2TS Software. You agree not to decompile, reverse engineer, disassemble, decrypt, or otherwise attempt to derive the source code of any V2TS Software (except as and only to the extent the foregoing restrictions are prohibited by applicable law, or to the extent as may be permitted by licensing terms governing use of open-sourced components included with any such V2TS Software). Unless otherwise permitted under Section 12 below, you certify that the V2TS Software will only be used for testing and evaluation purposes in connection with the Beta Program, and will not be rented, sold, leased, sublicensed, assigned, distributed or otherwise transferred. V2TS retains ownership of all V2TS Software, and except as expressly set forth herein, no other rights or licenses are granted or to be implied under any V2TS intellectual property.
As part of the Beta Program, you agree to provide bug reports, enhancement requests and/or support information (collectively, “Feedback”) to V2TS through the browser-based support system that is accessible by authorized users of the BuyerKiosk website. V2TS will be free to use any Feedback you provide for any purpose.
You agree that the Pre-Release Software and any information concerning the Pre-Release Software (including its nature and existence, features, functionality, and screen shots), and any other information disclosed by V2TS to you in connection with the Beta Program will be considered and referred to in this Agreement as “Confidential Information.” Information that otherwise would be deemed Confidential Information but (a) is generally and legitimately available to the public through no fault or breach of yours, (b) is generally made available to the public by V2TS, (c) is independently developed by you without the use of any Confidential Information, (d) was rightfully obtained from a third party who had the right to transfer or disclose it to you without limitation, or (e) any third party software and/or documentation provided to you by V2TS and accompanied by licensing terms that do not impose confidentiality obligations on the use or disclosure of such software and/or documentation will not be considered Confidential Information under this Agreement. All Confidential Information remains the sole property of V2TS and you have no implied licenses or other rights in the Confidential Information not specified in this Agreement.
You agree that you will not disclose, publish, or otherwise disseminate any Confidential Information to anyone other than individuals who are enrolled in Beta Program or as otherwise expressly permitted or agreed to in writing by V2TS. You further agree to take reasonable precautions to prevent any unauthorized use, disclosure, publication, or dissemination of Confidential Information, including preventing access to or display of the V2TS Software to third parties. You agree to use the Confidential Information solely for the permitted uses as set forth in this Agreement. You agree not to use Confidential Information otherwise for your own or any third party’s benefit without the prior written approval of an authorized representative of V2TS in each instance. You hereby acknowledge that unauthorized disclosure or use of Confidential Information could cause irreparable harm and significant injury to V2TS that may be difficult to ascertain. Accordingly, you agree that V2TS will have the right to seek immediate injunctive relief to enforce obligations under this Agreement in addition to any other rights and remedies it may have.
You understand that to use any Pre-Release Software you may need to remove certain pre-loaded, commercial V2TS software from your computer and/or device in order to load the Pre-Release Software. You further understand that once you load such Pre-Release Software onto your computer and/or device, you may be unable to revert back to the pre-loaded, commercial release of the V2TS software you were using prior to loading the Pre-Release Software or any earlier release of the Pre-Release Software. In addition, applications and services you have installed or been using may be unable to run or function in the same manner because of your use of the Pre-Release Software. You also understand that installing and using Pre-Release software will impact data within the Winmark Data Recycling System (“DRS”). YOU ACKNOWLEDGE THAT BY INSTALLING SUCH PRE-RELEASE SOFTWARE ON YOUR COMPUTERS AND/OR DEVICES, THESE COMPUTERS AND DEVICES MAY NOT BE CAPABLE OF BEING RESTORED TO THEIR ORIGINAL CONDITION AND THAT APPLICATIONS AND SERVICES (INCLUDING DRS) MAY BE AFFECTED BY YOUR USE OF PRE-RELEASE SOFTWARE. FURTHER, YOU UNDERSTAND THAT DATA FROM SUCH APPLICATIONS OR SERVICES THAT IS CREATED OR CHANGED WHILE USING THE PRE-RELEASE SOFTWARE MAY BE INCAPABLE OF BEING RESTORED OR RECOVERED. V2TS SHALL NOT BE RESPONSIBLE FOR ANY COSTS, EXPENSES OR OTHER LIABILITIES YOU MAY INCUR AS A RESULT OF YOUR TESTING, INSTALLATION OR USE OF PRE-RELEASE SOFTWARE, INCLUDING BUT NOT LIMITED TO ANY DAMAGE TO ANY EQUIPMENT, SOFTWARE OR DATA OR ANY LOSS OF DATA OR INFORMATION ARISING FROM YOUR USE OF SUCH PRE-RELEASE SOFTWARE. In addition, the Pre-Release Software may contain errors or inaccuracies that could cause failures, corruption or loss of data and/or information from your computer and/or device or from your peripherals (including, without limitation, servers and printers) connected thereto. V2TS strongly encourages you to back-up all data and information on your computer, devices and/or any peripherals prior to your participation in the Beta Program.
The V2TS Software provided hereunder may be designated as alpha, beta, development, pre-release, untested, or not fully tested versions. The V2TS Software may be incomplete and may contain errors or inaccuracies that could cause failures, corruption and/or loss of data or information. You expressly acknowledge and agree that, to the extent permitted by applicable law, all use of the V2TS Software is at your sole risk and that the entire risk as to satisfactory quality, performance, accuracy and effort is with you. V2TS IS PROVIDING ALL CONFIDENTIAL INFORMATION, INCLUDING THE PRE-RELEASE SOFTWARE, TO YOU SOLELY ON AN “AS IS” BASIS AND WITHOUT ANY WARRANTY OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT, ACCURACY, COMPLETENESS, PERFORMANCE, AND FITNESS FOR A PARTICULAR PURPOSE. You acknowledge that V2TS has not publicly announced the availability of the Pre-Release Software, that V2TS has not promised or guaranteed to you that such Pre-Release Software will be announced or made available to anyone in the future, and that V2TS has no express or implied obligation to you to announce or introduce the Pre-Release Software or any similar or compatible product, or to continue to offer access to the Pre-Release Software in the future.
TO THE EXTENT NOT PROHIBITED BY APPLICABLE LAW, YOU ASSUME ALL RISKS AND ALL COSTS ASSOCIATED WITH TESTING, INSTALLATION, OR USE OF THE PRE-RELEASE SOFTWARE PROVIDED UNDER THIS AGREEMENT, INCLUDING, WITHOUT LIMITATION, ANY BACK-UP EXPENSES, COSTS INCURRED FOR THE USE OF THE PRE-RELEASE SOFTWARE ON YOUR COMPUTER, DEVICES AND/OR PERIPHERALS, AND ANY DAMAGE TO ANY EQUIPMENT, SOFTWARE, INFORMATION OR DATA, AND IN NO EVENT WILL V2TS BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES, WHETHER ARISING IN TORT (INCLUDING NEGLIGENCE), CONTRACT OR OTHERWISE, ARISING OUT OF OR RELATED TO THIS AGREEMENT, INCLUDING ANY LIABILITY THAT STEMS FROM ANY USE OF THE PRE-RELEASE SOFTWARE ON YOUR COMPUTER, DEVICES AND/OR ANY PERIPHERALS CONNECTED THERETO, AND/OR FROM ANY OTHER CONFIDENTIAL INFORMATION, AND/OR V2TS’S PERFORMANCE OR FAILURE TO PERFORM UNDER THIS AGREEMENT, EVEN IF V2TS HAS BEEN ADVISED OR IS AWARE OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT SHALL V2TS’S TOTAL LIABILITY TO YOU FOR ALL DAMAGES (OTHER THAN AS MAY BE REQUIRED BY APPLICABLE LAW IN CASES INVOLVING PERSONAL INJURY) EXCEED THE AMOUNT OF FIFTY DOLLARS ($50.00). THE FOREGOING LIMITATIONS WILL APPLY EVEN IF THE ABOVE STATED REMEDY FAILS OF ITS ESSENTIAL PURPOSE.
This Agreement will continue in effect until terminated in accordance with this Section 13. You may terminate this Agreement or an individual beta project at any time, for any reason, but only by returning or destroying any Confidential Information that is in your possession or control (including, without limitation, any Pre-Release Software); provided however that if you are unable to purge certain Pre-Release Software from your computer and/or devices, then you agree that you will continue to hold the Pre-Release Software as Confidential Information. V2TS may terminate this Agreement or an individual beta project at any time, with or without cause, immediately upon written notice to you, and may terminate this Agreement immediately for any breach of the confidentiality provisions set forth herein. Within seven (7) days of your receipt of V2TS’s termination notice, or earlier if requested by V2TS, you will return, cease all use of, and/or destroy the Pre-Release Software and all other Confidential Information as provided in this Section. Following termination of this Agreement or an individual beta project for any reason, the restrictions of all preceding sections will continue to bind the parties. The term of your license to use the V2TS Software granted under Section 3 of this Agreement shall commence upon your installation or use of the V2TS Software and will terminate automatically without notice from V2TS upon the earlier of (a) the next commercial release of the V2TS Software, (b) the termination of the individual beta project under which you obtained the V2TS Software, (c) the termination of this Agreement, or (d) the date specified in the separate license accompanying the V2TS Software (if any).
You agree that you will not export or re-export any of the Pre-Release Software or Confidential Information received from V2TS except as authorized by United States law and the laws of the jurisdiction in which the V2TS Software was obtained.
Portions of the V2TS Software may include third party software and other copyrighted material. Acknowledgements, licensing terms, and disclaimers for such material are contained in the V2TS Software, and your use of such material is governed by such respective terms. Mention of third parties and third-party products in any materials, advertising, promotions or coupons provided to Beta Program participants is for informational purposes only and constitutes neither an endorsement nor a recommendation. All third-party product specifications and descriptions are supplied by the respective vendor or supplier, and V2TS shall have no responsibility with regard to the selection, performance, or use of these vendors or products. All understandings, agreements, or warranties, if any, take place directly between the vendors and the prospective users.
No delay or failure to take action under this Agreement will constitute a waiver unless expressly waived in writing, signed by a duly authorized representative of V2TS, and no single waiver will constitute a continuing or subsequent waiver. This Agreement may not be assigned by you in whole or in part. Any contrary assignment shall be null and void.
Any litigation or dispute resolution between You and V2TS arising out of or relating to this Agreement, the V2TS Software, or Your relationship with V2TS will take place in the state of Texas, and You and V2TS hereby consent to the personal jurisdiction of and exclusive venue in the state and federal courts within that District with respect to any such litigation or dispute resolution. This Agreement will be governed by and construed in accordance with the laws of the United States and the State of Texas, except that body of Texas law concerning conflicts of law.
If any provision of this Agreement is found to be unenforceable or invalid, that provision shall be limited or eliminated to the minimum extent necessary so that this Agreement shall otherwise remain in full force and effect and enforceable. This Agreement, including any appendices made effective pursuant to this Agreement and any additional licenses accompanying the V2TS Software, constitutes the entire agreement with respect to the Confidential Information disclosed herein and supersedes all prior or contemporaneous oral or written agreements concerning such Confidential Information. Except to the extent provided under Section 2 above, any inconsistencies between this Agreement and any license agreement accompanying the V2TS Software will be governed by the license agreement accompanying the V2TS Software. Except as expressly set forth herein, any waiver or amendment of any provision of this Agreement shall be effective only if in writing and signed by authorized representatives of both parties. Any translation of this Agreement is done for local requirements and in the event of a dispute between the English and any non-English versions, the English version of this Agreement shall govern, to the extent not prohibited by local law in your jurisdiction.
BuyerKiosk, including all copyrights, software, computer programs, and related documentation and other works of authorship is the Intellectual Property of and proprietary to V2 Technology Company, Inc. You may not infringe or otherwise violate the rights secured by this Intellectual Property. Moreover, you agree that you will not (and will not attempt to) modify, prepare derivative works of, reverse engineer, decompile, disassemble, or otherwise attempt to create source code from the software. No title to or ownership in the Intellectual Property is transferred to you. All applicable rights of the Intellectual Property shall remain with V2 Technology Company, Inc.
***By Using BuyerKiosk Sync and Reading This User Guide You Agree To These Terms Above