TERMS & CONDITIONS FOR BETA SOFTWARE - J-Wizard THIS PAGE (TOGETHER WITH THE DOCUMENTS REFERRED TO ON IT) CONTAINS THE TERMS AND CONDITIONS OF USE OF �J-Wizard BETA WEBSITE� TO BE ACCEPTED BEFORE Login|Register or INSTALLATION OF ANY ELEMENT IN �J-Wizard BETA WEBSITE�. PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY BEFORE Login|Register OR INSTALLING OR USING ANY SOFTWARE FROM THIS WEBSITE. YOU SHOULD UNDERSTAND THAT BY INSTALLING ANY SOFTWARE FROM THIS WEBSITE, YOU AGREE TO BE BOUND BY THESE TERMS AND CONDITIONS. THESE TERMS AND CONDITIONS CONSTITUTE A LEGAL AND ENFORCEABLE CONTRACT BETWEEN YOU AND J-Wizard. (�J-Wizard Platform�). IF YOU DO NOT AGREE TO THESE TERMS AND CONDITIONS, ABANDON THE REGISTRATION PROCESS AND DO NOT INSTALL OR USE �J-Wizard BETA Website�. 1. BETA USER CONDITIONS 1.1 Your use of the J-Wizard BETA WEBSITE is governed by these terms and conditions (�Beta User Conditions�) which you should read carefully before installing J-Wizard BETA WEBSITE. These Beta User Conditions represent a binding contract between J-Wizard Platform and you. If you do not agree with these Beta User Conditions, please do not install or use J-Wizard BETA WEBSITE. 1.2 J-Wizard Platform may update or amend these Beta User Conditions at any time. J-Wizard Platform will communicate such changes to you via the Beta Portal or by the registered email address. 1.3 These Beta User Conditions apply to you regardless of how you have accessed the J-Wizard BETA WEBSITE and regardless of the territory in which you live or conduct business. 2. J-Wizard BETA WEBSITE; LIMITED WARRANTY AND LIABILITY 2.1 Although utilizable by experienced users, J-Wizard Beta Software is still being developed, tested and evaluated. J-Wizard Beta website has not been released for sale, distribution or any use by the general public. 2.2 J-Wizard BETA WEBSITE IS PROVIDED TO YOU "AS IS" WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, ANY WARRANTY OF MERCHANTABILITY, NON-INFRINGEMENT OR FITNESS FOR A PARTICULAR PURPOSE. USE OF J-Wizard BETA WEBSITE IS ENTIRELY AT YOUR OWN RISK AND MAY VOID WARRANTY ON YOUR PRODUCT. SHOULD J-Wizard BETA WEBSITE PROVE DEFECTIVE, YOU ASSUME THE COST OF ALL NECESSARY MAINTENANCE, SERVICING OR REPAIR. IT IS THEREFORE YOUR RESPONSIBILITY TO TAKE ADEQUATE PRECAUTION AGAINST POSSIBLE DAMAGES RESULTING FROM THE USE OF J-Wizard BETA WEBSITE. J-Wizard BETA WEBSITE SHOULD UNDER NO CIRCUMSTANCES BE USED ON SENSITIVE AND/OR VALUABLE DATA. IF YOU ARE IN ANY DOUBT, PLEASE DO NOT INSTALL AND/OR USE J-Wizard BETA WEBSITE. 2.3 TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, J-Wizard Platform WILL NOT BE LIABLE TO YOU FOR ANY DAMAGES ARISING OUT OF THE USE OR INABILITY TO USE J-Wizard BETA WEBSITE (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 J-Wizard BETA WEBSITE TO OPERATE WITH ANY OTHER PROGRAMS). IN NO EVENT SHALL J-Wizard Platform� LIABILITY EXCEED THE PRICE YOU PAID FOR J-Wizard BETA WEBSITE, IF APPLICABLE. 2.4 WE EXPRESSLY REPRESENT THAT J-Wizard BETA WEBSITE IS NOT A FINAL PRODUCT AND, AS SUCH, MAY CONTAIN VARIOUS ERRORS, DEFECTS AND IT MAY BE UNSTABLE. WE DO NOT RECOMMEND INSTALLING J-Wizard BETA WEBSITE DURING FULL OR EVERYDAY OPERATION. FURTHERMORE, WE DO NOT RECOMMEND TO INSTALL J-Wizard BETA WEBSITE UNLESS YOU ARE AN EXPERIENCED USER. 3. NO TECHNICAL SUPPORT J-Wizard will not provide any technical support, maintenance or any other services for any J-Wizard BETA WEBSITE. 4. NO UPDATES J-Wizard will not provide any updates to J-Wizard BETA WEBSITE, any updated malware signatures or any other updated content utilized by J-Wizard BETA WEBSITE (such as virus and spyware definitions, antispam rules, URL lists, firewall rules, vulnerability data or lists of authenticated web pages) (�Updates�). However, should J-Wizard in its sole discretion provide you with any Updates, such Updates will be deemed to form part of J-Wizard BETA WEBSITE for all purposes under these Beta User Conditions, unless other terms of use are provided by J-Wizard in connection with such Updates. 5. COPYRIGHT LICENCE Specific terms and conditions of a copyright licence granted to you by J-Wizard and entitling you to use J-Wizard BETA WEBSITE for the purposes of evaluation and testing are included in the End User Software License Agreement concluded between J-Wizard and you (EULA). In order to use the Beta Portal and to use the J-Wizard BETA WEBSITE you are required to accept these Beta User Conditions, the EULA and J-Wizard Platform Privacy Policy. 6. FEEDBACK You will give J-Wizard Platform feedback about J-Wizard BETA WEBSITE consisting of, without limitation, your suggestions, comments or any other feedback, whether it is required or provided on a voluntary basis (�Feedback�). If you provide J-Wizard Platform with any Feedback, as part of the testing and evaluation of J-Wizard BETA WEBSITE, you agree that: (a) J-Wizard Platform may freely use, disclose, reproduce, license, distribute and otherwise commercialize the Feedback in any J-Wizard Platform product, specification or other documentation; and (b) you will not give J-Wizard Platform any Feedback (i) that you have reason to believe is subject to any patent, copyright, or other intellectual property claim or right of any third party; or (ii) that is subject to licence terms that seek to require any J-Wizard Platform product incorporating or derived from any Feedback, or other J-Wizard Platform intellectual property, to be licensed to or otherwise shared with any third party. 7. PRIVACY POLICY J-Wizard Platform recognizes the importance of maintaining the privacy of personal data which it collects and processes. By accepting these Beta User Conditions you expressly agree to be bound by the J-Wizard Platform Privacy Policy. 8. CONFIDENTIALITY 8.1 J-Wizard BETA WEBSITE, any information relating to beta testing progress and results, the Feedback, any product-related information and any other proprietary technology or know-how provided to you in whatever form by J-Wizard Platform through the Beta Portal or in connection with testing and evaluation of J-Wizard BETA WEBSITE is confidential (�Confidential Information�). 8.2 You will keep, and ensure that any and all persons, firms, companies or organisations associated with you keep, all Confidential Information confidential and not disclose it to any person, unless permitted under this clause. This confidentiality obligation does not apply to the disclosure of Confidential Information which: (a) is or comes into public domain, except through breach of the confidentiality obligation under this clause; (b) comes lawfully into your possession from a third party who is not bound by a confidentiality obligation relating to such Confidential Information; (c) is required to be disclosed by any court of competent jurisdiction or any competent judicial, governmental, supervisory or regulatory body, or any law, provided that you will promptly notify J-Wizard Platform in writing, or (d) is disclosed by you with J-Wizard Platform� prior written consent. 8.3 UNDER NO CIRCUMSTANCES MAY ANY INFORMATION ABOUT THE TESTING PROGRESS AND/OR RESULTS BE PROVIDED TO PERSONS THAT ARE NOT INVOLVED IN THE BETA TESTING PROCESS. ANY PUBLICATION OF BETA VERSIONS TESTING RESULTS, REVIEWS OR EVALUATIONS IS ONLY PERMITTED WITH THE PRIOR WRITTEN CONSENT OF J-Wizard Platform. 9. LANGUAGE The governing language of these Beta User Conditions is English. Although J-Wizard Platform may provide one or more translations for your convenience, the English version shall prevail in the event of any conflict or discrepancy between the English and any other language version of these Beta User Conditions. 10. GOVERNING LAW These Beta User Conditions will be governed by the laws of the State of Delaware. 11. DISPUTE RESOLUTION All disputes arising out of or in connection with these Beta User Conditions shall be finally decided by state or federal courts sitting in the State of Delaware. 12. ENTIRE AGREEMENT These J-Wizard Beta User Conditions (together with the documents to which they refer) contain the whole agreement between you and J-Wizard Platform relating to the use of The J-Wizard Beta Software and supersede all previous agreements between you and J-Wizard Platform relating to it. You acknowledge that in agreeing to these Beta User Conditions you have not relied on any representation, warranty or other assurance except those set out on the Beta Portal.