PLEASE READ THIS BETA AGREEMENT CAREFULLY. BY INSTALLING, DOWNLOADING OR OTHERWISE USING THE SOFTWARE, YOU AGREE TO THE TERMS OF THIS BETA AGREEMENT AND ANY SUPPLEMENTAL PROTABASE LICENSE AGREEMENT INCLUDED WITH THE SOFTWARE. IF YOU DO NOT AGREE WITH THESE TERMS, DO NOT DOWNLOAD, INSTALL OR USE THE SOFTWARE. THE SOFTWARE MAY NOT BE SOLD, TRANSFERRED, OR FURTHER DISTRIBUTED WITHOUT PRIOR WRITTEN AUTHORIZATION FROM PROTABASE.
This End User License Agreement for Beta Software (“Beta Agreement”) together with any Supplemental License Agreement included with the Software constitutes a legal agreement between You (an entity or a person) and protabase (“protabase”). The software product(s) accompanying this Beta Agreement, software updates, media (if any) and accompanying online or printed documentation (collectively the “Software”) is protected by the copyright laws and treaties of Denmark and other countries and is subject to the terms of this Beta Agreement. If You do not agree with the terms of this Beta Agreement, do not download, install or otherwise use the Software and, if applicable, return the entire unused package to protabase. The Software is licensed to You, not sold.
The Software may include or be bundled with other software programs licensed under different terms and/or licensed by a licensor other than protabase. The terms and acknowledgements accompanying such other software is provided to you as part of this agreement’s “Acknowledgements” section. protabase is not responsible for any third party’s software and shall have no liability for Your use of third party software.
The Software may include components that are open source packages, developed independently, and accompanied by separate license terms. Your license rights with respect to individual components accompanied by separate license terms are defined by those terms; nothing in this Agreement shall restrict, limit, or otherwise affect any rights or obligations You may have, or conditions to which You may be subject, under such license terms. While the license terms for a component may authorize You to distribute the component, You may not use any protabase marks (e.g., Devin and Devin Engine) in distributing the component, whether or not the component contains protabase marks.
License. Subject to the terms and conditions of this Beta Agreement, protabase grants You a non-exclusive, non-transferable right to use the Software during the Term specified below in a quantity as reasonably necessary to perform Your evaluation and/or testing of the Software.
Term. This Beta Agreement becomes effective on the date You legally acquire the Software and will remain in force until terminated as follows. This Beta Agreement shall terminate upon the earlier of: (i) the next release of a pre-release version, if any, of the Software, (ii) first commercial shipment by protabase of the Software, (iii) written notice of termination by either party, or (iv) the date on which You breach any of the terms of this Beta Agreement. Upon termination of this Beta Agreement, You must cease use of the Software, return to an original state any actions performed by the Software, destroy the original and all copies of the Software, and delete the Software entirely from Your systems.
Pre-Release Quality. Since the Software is of pre-release quality, You should not use the Software in a commercial or production system. The Software has not been fully tested and may contain errors and omissions. The Software should be used only in a testing environment. protabase does not guarantee that a commercial version of the Software will become generally available to the public, that target dates will be met, or that associated releases nor products will be released. The entire risk arising out of Your use of the Software remains with You. The Software may contain an automatic disabling mechanism that prevents its use after a certain period of time, so You should back up Your system and take other measures to prevent any loss of files or data. Use of the Software is entirely at Your own risk.
Confidentiality. (This section applies to You unless protabase has released the Software to the general public as an open beta without obligation of confidentiality.) The Software and all embodied concepts, accompanying documentation and materials, product features, test and evaluation results, benchmark results, target dates, verification codes and passwords, and all other related information are proprietary and confidential information of protabase and its suppliers and are referred to herein as “Confidential Information”. You agree not to disclose or provide any Confidential Information to any third party or use the Confidential Information for any purpose other than testing or evaluating the Software and providing feedback to rotabase. If provided a verification code or password to access restricted sites or parts of the Software, You agree not to share the verification code or password with any third party. Your obligations of confidentiality shall survive termination of this Beta Agreement until the date protabase makes such information publicly available.
Feedback. You understand and agree that protabase may use any feedback or information You provide and You hereby grant protabase a perpetual and irrevocable license to use all such feedback and information for any purpose without compensation to You, provided that Protabase shall not publicly reference Your name or email in connection therewith. You represent and warrant that such feedback and information will not include any proprietary or confidential information of You or any third party and that You have full authority to grant the foregoing license.
Support. During Your use of the Software, protabase is not obligated to provide you with any maintenance, technical or other support for the Software. If, at protabase's option, such support is provided, it will be provided with no warranty coverage. You agree to abide by any support rules and policies that protabase provides to you in order to receive such support. You acknowledge that protabase has no express or implied obligation to announce or make available a commercial version of the Software to anyone in the future. Should a commercial version be made available, it may have features or functionality that are different from those found in the Beta Software.
License Restrictions. protabase reserves all rights not expressly granted to You. You may not: (1) increase, by any means whatsoever, the number of server connections supported by the Software and licensed to You or support more than one connection or user through a single connection; (2) reverse engineer, decompile, or disassemble the Software except and only to the extent it is expressly permitted by applicable law; (3) modify, alter, rent, timeshare or lease the Software or sublicense any of Your rights under this Beta Agreement; or (4) transfer the Software or Your license rights under this Beta Agreement, in whole or in part.
Testing. You agree, at Your expense, to perform and complete all test programs provided by protabase throughout the beta test period and fully test the Software by performing other tests deemed useful or necessary. You agree to dedicate hardware, software, and personnel as necessary to perform adequate testing and to meet the requirements herein. During all testing, specific attention should be directed to functionality, accuracy, consistency, and ease of use of the Software involved in each test as well as any associated documentation. Results of all test programs and other testing, including any and all suggestions, inconsistencies and/or problems, must be logged in accurate detail (including system configuration, etc.) and submitted to protabase using the reporting method and/or tools provided by and/or specified by protabase. These methods and tools may include, but are not limited to, web-based tools, electronic mail, and/or telephone. If requested, You agree to produce a written report at the end of the beta test period summarizing the testing performed, overall impressions of the Software, and potential planned uses of the Software within Your environment. You may receive questionnaires pertaining to the performance of test programs and other aspects of the Software, which You agree to complete and return by the date and medium specified.
Use of Your Information. You understand and agree to that protabase may use the e-mail you have provided for the beta to contact you about beta information, future beta releases as well as any future marketing related to Devin. If you are participating in the open public beta, protabase may also use the company name you have supplied, as well as the company logo associated with your company, to display you as a beta tester and/or customer on Devin materials such as the devin.fm website and to link to your company’s website.
No title to or ownership of the Software is transferred to You. protabase and/or its licensors own and retain all title and ownership of all intellectual property rights in the Software, including any adaptations or copies. You acquire only a license to use the Software.
THE SOFTWARE AND OTHER CONFIDENTIAL INFORMATION IS PROVIDED TO YOU “AS IS” WITHOUT WARRANTY OF ANY KIND. THE ENTIRE RISK AS TO THE RESULTS AND PERFORMANCE OF THE CONFIDENTIAL INFORMATION IS ASSUMED BY YOU. PROTABASE DISCLAIMS ALL WARRANTIES, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NONINFRINGEMENT. PROTABASE DOES NOT WARRANT THAT THE SOFTWARE WILL SATISFY YOUR REQUIREMENTS OR THAT THE OPERATION OF THE SOFTWARE WILL BE UNINTERRUPTED. Some jurisdictions do not allow certain disclaimers and limitations of warranties, so portions of the above limitations may not apply to You. This limited warranty gives You specific rights and You may also have other rights which vary from state to state.
Non-protabase Products. The Software may include or be bundled with hardware or other software programs licensed or sold by a licensor other than Protabase. PROTABASE DOES NOT WARRANT NON-PROTABASE PRODUCTS. ANY SUCH PRODUCTS ARE PROVIDED ON AN ‘AS IS” BASIS. ANY WARRANTY SERVICE FOR NON-PROTABASE PRODUCTS IS PROVIDED BY THE PRODUCT LICENSOR IN ACCORDANCE WITH THE APPLICABLE LICENSOR WARRANTY.