Iseehear: SoftMouseDB Transgenic Mouse Breeding & Colony Management Database Software

Iseehear SoftMouseDB Transgenic Mouse Breeding Colony Management Database Software: Mouse Geneticists, Researchers. KnockOut Mouse Mice, Stem Cell, Neuroscience, Genomics, Cancer

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Iseehear Beta Site Agreement

You must accept the Iseehear Beta Site Agreement in order to access the Iseehear Early Adopter Program and test SoftMouseDB.

Please read the Iseehear Beta site agreement below.

BETA TEST AGREEMENT
ISEEHEAR INC.

THIS AGREEMENT is made 
B E T W E E N:

ISEEHEAR INC., a company incorporated in Ontario, with its principal office at 5650 Yonge St, Suite 1500, Toronto, Ontario, Canada, M2H 1L3
("ISH")

- and -

The registered applicant to this Beta Test Agreement
("Tester")

ASSENT TO BE BOUND:
By clicking the "I accept the Iseehear Beta Test Agreement terms" checkbox on the Registration page, by executing a written copy of this Agreement, or by installing, copying or otherwise using this Product, you agree to be bound by the terms of this Agreement. If you do not agree with any term or condition, do not access, download, order, open, install or use the Product or product package.

NOTE TO THE BETA TESTER:
This Beta Test Agreement will permit you to use the beta version of the ISH product for a thirty (30) day test period only.  While you should read the entire Beta Test Agreement, please understand the following important points:
- The beta version of the product will permit the Tester to use all the functionality of the product. However, the licence granted you by this Beta Test Agreement is limited for only for the thirty (30) day period.  
- The beta version of the product is a test version which may be improved by ISH as part of the beta testing process.  It is possible that the beta version of the product contains errors or defects.  You use the beta version of this product completely at your own risk, and ISH will have no responsibility to you of any description. 
	
THE PARTIES HEREBY AGREE AS FOLLOWS:
1.	Definitions
In this Agreement, the following terms shall have the following meanings: "Beta Test Period" shall have the meaning set out in Section 2. "Confidential Information" means all non-public information of ISH including the Product, methods and concepts used in the Product, any technical or business information of ISH, marketing plans of ISH, and any beta test reports or feedback made by the Tester to ISH.  However, "Confidential Information" does not include information which the Tester can clearly establish: was lawfully known to or independently developed by the Tester before being received from ISH; has become available to the general public through no fault of the Tester or its employees; or is lawfully obtained by the Tester from a third party not having an obligation to maintain the confidence of the information. "Product" means the software. 

2.	Beta Test Period and Feedback
The Tester agrees to test the Product free of charge by using the Product for a period of thirty (30) days beginning on the date that the Tester receives access to the Product from ISH (the "Beta Test Period").  ISH shall provide access to the Product to tester at no charge. During the Beta Test period, the Tester may use the Product on a regular basis and provide feedback to ISH (by feedback form, telephone call or e-mail) on the testing, the Product's performance and any problems identified. At its sole discretion, ISH may provide technical support for the Product to the Tester. However, ISH shall not be obligated to provide technical support for the Product, ensure the proper operation of the Product with any software or hardware, or correct any errors or defects in the Product.
It is expressly understood, acknowledged and agreed that the Tester may provide to ISH reasonable suggestions, comments and feedback regarding the Product, including but not limited to usability, bug reports and test results, with respect to Product testing (collectively, "Feedback"). If the Tester provides such Feedback to ISH, all such feedback shall be and remain the property of ISH. 

3.	Licence
For the term of the Beta Test Period only, ISH grants the Tester a royalty-free, non-transferable and non-assignable right to use the Product solely for the purpose of evaluating the Product. Under this limited licence, the Tester shall permit only authorized users, who possess rightfully obtained access permissions to use the Product or to view the Documentation associated with the Product. 

4.	Restriction on Use of Software Created with the Product
The Tester agrees that it shall not resell or distribute the Product.  

5.	Intellectual Property in Product
The Tester acknowledges that ISH retains all intellectual property rights in the Product and all derivative works created using the Product, including copyright, trade-mark, patent and trade secret rights.  The Tester shall not copy the Product. The Tester shall not copy, sub-license, distribute, reverse engineer, decompile or disassemble the Product.

6.	Exclusion of Warranties
THE TESTER ACKNOWLEDGES THAT THE PRODUCT IS STILL UNDER DEVELOPMENT AND IS PROVIDED "AS IS" WITHOUT ANY WARRANTY OF ANY KIND.  ISH EXPRESSLY EXCLUDES ALL EXPRESS OR IMPLIED WARRANTIES RELATING TO THE PRODUCT, INCLUDING, WITHOUT LIMITATION, WARRANTIES OF MERCHANTABLE QUALITY, FITNESS FOR A PARTICULAR PURPOSE, OR NONINFRINGEMENT.  THE TESTER ACKNOWLEDGES THAT ENTIRE RISK ARISING OUT OF USE OR PERFORMANCE OF THE PRODUCT REMAINS WITH THE TESTER.

7.	Limitation of Liability
THE TESTER AGREES THAT NEITHER ISH NOR ANY OTHER PERSON INVOLVED IN CREATING, INSTALLING, DELIVERING, TESTING OR USING THE PRODUCT SHALL BE LIABLE FOR ANY DIRECT, INDIRECT, CONSEQUENTIAL OR INCIDENTAL LOSS OR DAMAGE (INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF BUSI¬NESS, PROFITS, BUSINESS INTERRUPTION, LOSS OF BUSINESS INFORMATION OR ANY OTHER PECUNIARY LOSS) ARISING FROM OR RELATING TO THE PRODUCT OR ITS TESTING HEREUNDER.

8.	Termination and Expiry of Beta Test Period
This Agreement may be terminated by either party before the end of the Beta Test Period, for any reason, on written notice sent by fax, e-mail, mail or courier to the other party. At the end of the Beta Test Period or upon the termination of this Agreement, the Tester shall promptly cease using the Product.

9.	Intention to Offer Licence of Commercial Version of Product
On the completion of its beta testing program, ISH intends to offer a licence to the commercial version of the Product at a special licence fee to testers that have successfully completed the beta test process.  However, the Tester acknowledges that ISH does not represent that ISH will release a commercial version of the Product, that the commercial version of the Product will have the same functionality or performance of the Product, or that ISH will correct any errors or defects identified in the course of the beta testing program.

10.	Confidential Information and Non-Disclosure
The Tester acknowledges that the Product and information to be disclosed to the Tester, directly or indirectly, by ISH will include Confidential Information. The Tester agrees to hold the Product and any Confidential Information confidential and not to use the Product and information except for the purposes of this Agreement. The Tester shall disclose the Product and Confidential Information only to its employees who have a need to know the Product and information for the purposes of this Agreement. The Tester shall inform such employees of the confidentiality provisions of this Agreement and take reasonable measures to ensure that its employees abide by such provisions.  The Tester shall obtain the written permission of ISH before disclosing the Product or any Confidential Information to a party other than the Tester's own employees. This Section 10 shall not prevent any disclosure or use of information by the Tester which is required to comply with a court order. This Section 10 shall survive the expiry or termination of this Agreement.

11.	Media Relations
Except with the prior written consent of ISH, the Tester shall not make any report about the Product to a third party nor give any interview with the media, nor post information on the Internet about the Product before ISH's release of the commercial version of the Product.

12.	General
(a)	The Tester shall have no right to assign this Agreement.  This Agreement shall ensure to the benefit of ISH's successors and assigns.
(b)	In the event that any or any part of the terms, conditions or provisions contained in this Agreement are determined by a competent authority to be invalid, unlawful or unenforceable, such term, condition or provision shall to that extent be severed from the remaining terms, conditions and provisions, which shall continue to be valid and enforceable to the fullest extent permitted by law.
(c)	This Agreement constitutes the entire agreement between the parties pertaining to all the matters herein and supersedes all prior agreements, understandings, letters of intent, negotiations and discussions between the parties, whether oral or written in respect thereof.
(d)	This Agreement shall be governed in all respects by the law of Ontario and the federal laws of Canada applicable therein. The Tester hereby agrees to the non-exclusive jurisdiction of the Courts of Ontario located in the City of Toronto to resolve any matter relating to this Agreement or the beta testing program.
Copyright (C) 2000-2010 Iseehear Inc. All rights reserved. Iseehear is a trademark of Iseehear Inc.

Contact Information
Website is www.iseehear.com. If you have any questions please contact Iseehear Inc. at information@iseehear.com or at 5650 Yonge St, Suite 1500, Toronto, Ontario, Canada, M2H 1L3 

Last update: September 24, 2008

This document is subject to change without notice.

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Iseehear Beta Site Agreement

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Changes to these Terms & Conditions

This page was last revised and published on November 10 2008