THIS BETA ADDENDUM TAKES EFFECT WHEN YOU FIRST ACCESS OR USE THE SERVICES (the "Effective Date"). BY ACCESSING OR USING THE SERVICES YOU (A) ACKNOWLEDGE THAT YOU HAVE READ AND ACCEPTED THIS BETA ADDENDUM; (B) REPRESENT AND WARRANT THAT YOU HAVE THE RIGHT, POWER, AND AUTHORITY TO ENTER INTO THIS BETA ADDENDUM ON BEHALF OF THE CUSTOMER AND (C) AGREE THAT THE CUSTOMER IS LEGALLY BOUND BY ITS TERMS.
Dopplio hereby grants Customer a non-exclusive, non-transferable right for a limited time as solely determined by Dopplio (the "Beta Trial Period") to: (a) access and use software-as-a-service beta features and documentation (the "Services") for the number of Customer users that Dopplio permits to access and use the Services ("Authorized Users") for a discounted price. During the Beta Trial Period, Dopplio shall provide to Customer the necessary feature access and connections to allow Customer to access and use the Services. Customer agrees that Dopplio, in its sole discretion and without liability to Customer or any third party, may terminate Customer’s use of or access to the Services at any time.
Dopplio has no obligation under this Beta Addendum to provide support, maintenance, upgrades, modifications, or new releases of the Services to the Customer.
If Customer sends or transmits any communications or materials to Dopplio that provides input or suggested or changes to the Services, ("Feedback"), Dopplio is free to use such Feedback irrespective of any other obligation or limitation between the Parties governing such Feedback. Customer hereby assigns to Dopplio all right, title, and interest in, and Dopplio is free to use, without any attribution or compensation to any party, any ideas, know-how, concepts, techniques, or other intellectual property rights contained in the Feedback, for any purpose whatsoever. For the avoidance of doubt, Customer is not required to provide Feedback and Dopplio is not required to use any Feedback.
At the termination of this Agreement or at any time by request of Dopplio, Customer will return all Confidential Information in Customer’s possession to Dopplio. Customer also agrees that Customer will not duplicate, translate, modify, copy, print, disassemble, decompile or otherwise tamper with the beta features or any Confidential Information.
IN NO EVENT WILL DOPPLIO BE LIABLE UNDER OR IN CONNECTION WITH THIS BETA ADDENDUM UNDER ANY LEGAL OR EQUITABLE THEORY, INCLUDING BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, OR OTHERWISE, FOR ANY: (a) CONSEQUENTIAL, INCIDENTAL, INDIRECT, EXEMPLARY, SPECIAL, ENHANCED, OR PUNITIVE DAMAGES; (b) INCREASED COSTS, DIMINUTION IN VALUE OR LOST BUSINESS, PRODUCTION, REVENUES, OR PROFITS; (c) LOSS OF GOODWILL OR REPUTATION; (d) USE, INABILITY TO USE, LOSS, INTERRUPTION, DELAY OR RECOVERY OF ANY DATA, OR BREACH OF DATA OR SYSTEM SECURITY; OR (e) COST OF REPLACEMENT GOODS OR SERVICES, IN EACH CASE REGARDLESS OF WHETHER DOPPLIO WAS ADVISED OF THE POSSIBILITY OF SUCH LOSSES OR DAMAGES OR SUCH LOSSES OR DAMAGES WERE OTHERWISE FORESEEABLE. IN NO EVENT WILL DOPPLIO'S AGGREGATE LIABILITY ARISING OUT OF OR RELATED TO THIS BETA ADDENDUM UNDER ANY LEGAL OR EQUITABLE THEORY, INCLUDING BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, OR OTHERWISE, EXCEED $500.
The term of this Beta Addendum begins on the Effective Date and will continue in effect until the expiration of the Beta Trial Period, which may be extended or ended earlier at the sole discretion of Dopplio.
This Beta Addendum, together with the Agreement, constitutes the sole and entire agreement of the Parties with respect to the subject matter herein and supersedes all prior and contemporaneous understandings, agreements, and representations and warranties, both written and oral, with respect to such subject matter. In the event of a conflict between the governing Agreement and this Beta Addendum, the Beta Addendum shall control with respect to the Beta features.