By using the software, you accept these terms. If you do not accept them, you may not download, install, or use the software.
This software program entitled, "DynaminoTM," and any accompanying materials or documentation (the "Program") is the copyrighted work of Psychosomatic Software. All use of the Program is governed by the terms of this Beta Preview License Agreement, which is provided below ("License Agreement"). The Program is solely for use by end users for the purpose of testing the Program according to the terms of the License Agreement. Any use, reproduction, sale or redistribution of the Program not in accordance with the terms of the License Agreement is expressly prohibited.
In consideration of Psychosomatic Software ("Licensor") granting your request to participate in the evaluation of a pre-release version of the Program ("Beta Preview"), you agree to be bound by the terms and conditions of this License Agreement.
Grant of a Limited Use License. Subject to the terms and conditions contained in this License Agreement, Licensor hereby grants for a period not to exceed twenty one (21) days, and by installing the Program you thereby accept, a limited, non-exclusive license and right to install and use any number of copies of the Program for your use on home, business or portable computers for the sole purpose of testing the Program. The Program is licensed, not sold. Your license confers no title or ownership in the Program.
Ownership. All title, ownership rights and intellectual property rights in and to the Program and any and all copies thereof (including but not limited to any titles, computer code, themes, objects, characters, character names, stories, dialog, catch phrases, locations, concepts, artwork, animations, sounds, musical compositions, audio-visual effects, methods of operation, moral rights, any related documentation, and "applets" incorporated into the Program) are owned by Licensor or its licensors. The Program is protected by the copyright laws of the United States, international copyright treaties and conventions and other laws. All rights are reserved. The Program may contain certain licensed materials, and Licensor's licensors may protect their rights in the event of any violation of this Agreement.
Responsibilities of Beta Tester.
Subject to the Grant of License above, you may not, in whole or in part, copy, reproduce, translate, reverse engineer, disassemble, de-compile, create derivative works based on the Program, or remove any proprietary notices or labels on the Program without the prior consent, in writing, of Licensor. Any such conduct without the express, written permission of Licensor shall result in the immediate termination of this License Agreement and expose you to potential legal action. The Program shall remain the sole and exclusive property of Licensor.
The Program is licensed to you as a single product. Its component parts may not be separated for use on more than one computer.
You are entitled to use the Program for your own use, but you are not entitled to:
sell, auction, or grant a security interest in or transfer reproductions of the Program to other parties in any way, nor to rent, lease or license the Program to others without the prior written consent of Licensor; and
exploit the Program or any of its parts for any commercial purpose including, but not limited to, use at a cyber café, computer gaming center or any other location-based site without the prior written consent of Licensor.
Feedback. Concurrent with the use of the Program you shall provide Licensor with comments, suggestions and impressions of the Program by using the mechanisms provided to you to supply feedback and bug reports. Additionally, the Program may include a tool that will allow your system to forward system and driver information to Licensor. This tool will collect data on the system and forward a report to Licensor via electronic mail. If you give feedback about the software to Licensor, you give to Licensor, without charge, the right to use, share and commercialize your feedback in any way and for any purpose. You also give to third parties, without charge, any patent rights needed for their products, technologies and services to use or interface with any specific parts of a Licensor software or service that includes the feedback. You will not give feedback that is subject to a license that requires Licensor to license its software or documentation to third parties because we include your feedback in them. These rights survive this agreement.
Termination. Licensor shall have the right to terminate this License Agreement, and/or the Beta Preview, at any time prior to the expiration of the twenty one (21) day term. Upon termination of the License Agreement, or upon expiration of the twenty one (21) day term, you must destroy the Program you have received from Licensor. Additionally, you must remove any elements of the Program from any hard drives on which the Program has been installed.
Pre-Release Software. This software is a pre-release version. It may not work correctly or the way a final version of the software will. The Licensor may change it for the final, commercial version. The Licensor also may not release a commercial version.
DISCLAIMER OF WARRANTY. The software is licensed "as-is." You bear the risk of using it. Psychosomatic Software gives no express warranties, guarantees or conditions. You may have additional consumer rights under your local laws which this agreement cannot change. To the extent permitted under your local laws, Psychosomatic Software excludes the implied warranties of merchantability, fitness for a particular purpose and non-infringement.
LIMITATION OF LIABILITY. IN NO EVENT UNLESS REQUIRED BY APPLICABLE LAW OR AGREED TO IN WRITING WILL THE LICENSOR, BE LIABLE TO YOU FOR DAMAGES, INCLUDING ANY GENERAL, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF THE USE OR INABILITY TO USE THE PROGRAM (INCLUDING BUT NOT LIMITED TO LOSS OF DATA OR DATA BEING RENDERED INACCURATE OR LOSSES SUSTAINED BY YOU OR THIRD PARTIES OR A FAILURE OF THE PROGRAM TO OPERATE WITH ANY OTHER PROGRAMS), EVEN IF THE LICENSOR HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
Miscellaneous. This Beta Preview Agreement constitutes and contains the entire agreement between the parties with respect to the subject matter hereof and supersedes any prior oral or written agreements.
You hereby acknowledge that you have read and understand the foregoing Beta Preview Agreement and agree that by downloading, installing, or using the Program you acknowledge your agreement to be bound by the terms and conditions of this Beta Preview Agreement.