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Beta Tester License

Summary: This is not the finished product, but is suitable for evaluation. Please use it with appropriate caution, and report any errors to us. Please read the BETA TESTER LICENSE now before purchasing the software.

A printable RTF version of the license for your records is available here.

The Macintosh beta has the following shortcomings: Aqua Look and Feel not completely implemented (e.g. shortcut keys use control rather than command key), sidebar does not stay available, secure peer-to-peer works on Mac OS X 10.1.n but not 10.2.

License
TOPOLOGI PTY LIMITED

ACN 096 635 102

TOPOLOGI COLLABORATIVE MARKUP EDITOR

BETA TEST AGREEMENT
BY DOWNLOADING THE BETA TEST SOFTWARE YOU AGREE TO BE BOUND BY THE TERMS OF THIS AGREEMENT, WHOSE TERMS AND CONDITIONS ARE SET OUT BELOW:

Introduction
The individual person downloading this software (the “Tester”) and Topologi Pty Limited ACN 096 635 102 (the “Supplier”) agree that the Tester will participate in the Topologi Collaborative Markup Editor beta test programme on the terms and conditions set out in this Agreement. As used in this Agreement, the term “Product” refers to the Topologi Collaborative Markup Editor software, its user manual if supplied by the Supplier and all other documentation supplied to the Tester by the Supplier under this Agreement.

In the event that the Tester receives any replacement, update or modification of any part of the Product under this beta test programme, such replacement, update or modification shall become part of the Product and all rights to use such replacement update or modifications shall be governed by the terms of this Agreement and references to the Product in this Agreement shall include all such updates and modifications as received by the Tester from the Supplier from time to time.

Agreement of Tester to Test and Report
The Tester agrees to report to the supplier any flaws, errors, bugs or other problems with the product found by the Tester. The Tester may report any problems, comments or suggestions to the Supplier by email to tme-feedback@topologi.com. The Tester agrees that the Supplier shall have the right to use, in any manner and for any purpose, any information supplied by the Tester to the Supplier under this Agreement, including without limitation, changes, modifications and corrections to the software, gained as a result of the Tester’s use and evaluation of the software.

The beta test will end 30 days after installation of the Product by the Tester unless otherwise extended by the Supplier by notice to the Tester. The beta test will in any event end on the date of the first commercial release of the Product and the Supplier agrees to notify the Tester of the date of this release prior to such date using the email address supplied to it by the Tester on registration as a beta tester for the Product.

Confidential Information - Pre Commercial Software
The Tester agrees with the Supplier that as a participant in the Topologi Collaborative Markup Editor beta test programme, the Tester will be given access to confidential trade secret information. The Tester agrees that all such information including without limitation, the characteristics, performance and potential shipment date of the Product, the Product itself and this Agreement are all confidential. (This information is referred to as “Confidential Information”). The Tester acknowledges that this Agreement will induce the Supplier to make such information available to the Tester.

The Tester acknowledges that disclosure of the Confidential Information could cause serious harm to the Supplier and, as an essential term and condition of participating in the Topologi Collaborative Markup Editor beta test programme, agrees not to disclose Confidential Information to any person or organization until the earlier of (a) the date on which the Supplier first makes Confidential Information available to the public and in that event only to the extent of the Confidential Information disclosed at that time, and (b) the date on which the Supplier ships the Product to the general public (the “Non-Disclosure Period”).

During the Non-Disclosure Period, Tester agrees not to disseminate, publish or otherwise communicate any review, account, description or other information concerning the Product, except directly to the Supplier or with the express written consent of the Supplier.

Ownership of Product & Licence to Test Product
The Supplier retains all title to and ownership of and all proprietary rights with respect to the Product, improvements, modifications, graphical user interface modifications, updates, upgrades, derivative works or bug fixes thereto, by whoever made and all copies and portions thereof.

No right, title or interest in or to any copyright interest, trademarks, or trade names of the Supplier or its licensors is granted hereunder.

The Tester is granted a licence to test the product on the terms of this Agreement and may not decompile, disassemble, or otherwise reverse engineer the Product or attempt to discover any source code, underlying design techniques or algorithms of the Product or allow or forbear any other party to do the same.

The Tester may not offer, copy or redistribute copies of the Product to the general public via Internet, mail, CD-ROM or diskette. The Tester may only copy or redistribute the Product privately for the purposes of loading peer computers, evaluating the software and performing work.

The Tester may not rent, lease, sell the Product or any part of it.

Topologi and the Tester acknowledge and agree that the Product is a beta test version that may contain bugs, defects and errors.

Beta Test administration
The Supplier will provide support at its sole discretion to Tester by email.

The Tester will promptly destroy the Product upon the request of the Supplier and comply with all reasonable requests of the Supplier at the end of the beta test program.

Risks from the Product
The Tester agrees that the Product is provided "AS IS" and that the Supplier makes no warranty as to the Product. The Supplier disclaims all warranties, express or implied, including, but not limited to, warranties of performance or merchantability or fitness for a particular purpose or non-infringement. The Tester bears all risk relating to quality and performance of the Product. The Supplier does not warrant that the Software or the functions contained in the Software will meet Tester requirements, operate without interruption or be error free or is suitable for use currently in a commercial production environment.

The Tester acknowledges that it is participating in pre-commercial testing of the Product and is providing its services as a tester gratuitously. In no event shall the Supplier be liable for any damages, whether in contract or tort (including negligence), including but not limited to direct, consequential, special, exemplary, incidental and indirect damages, arising out of or in connection with this Agreement or the use, the results of use or the inability to use the Product or the loss of any data which may be lost or corrupted as a result of the use of the Product by the Tester.

The Tester shall defend or settle at its expense a claim or suit by the Tester’s customers or any other party claiming against the Supplier arising out of or in connection with the Tester’s products or services or use of the Product. The Tester shall indemnify and hold harmless the Supplier against and from damages, costs, and legal fees, if any, incurred in defending and or resolving any such suit or other claim which arises through the Tester’s use of the Product under this Agreement.

Information Received from Tester
The Supplier does not want to receive and Tester agrees not to disclose to Supplier any information that is confidential or proprietary to Tester or others. The Tester agrees that the Supplier may keep their contact details and such other information provided to the Supplier by the Tester in a database or other information retrieval system and contact them from time to time with information about the Supplier’s products and services.

The Tester agrees that the contents of all oral and written reports to Supplier any other materials, information, ideas, concepts and know how provided by the Tester (including all corrections to problems in the Product and documentation) become the property of the Supplier and may be used by the Supplier for all business purposes, without any accounting or any payment to Tester.

Under no circumstances will the Supplier become liable for any payment to tester for any information that tester provides, whether concerning the Product or otherwise, no matter how such information is used or exploited by the Supplier or anyone else.

Publicity
The Tester grants the Supplier the right, to be exercised in the Supplier’s sole discretion, to use the facts, contents and outcomes of the beta test, Tester’s comments in the Supplier’s promotions, press releases, public relations, advertising and other sales and marketing activities. Such right is unlimited in duration and no compensation shall be required for Supplier’s exercise of this right.

General Contractual Provisions
(a) Assignment: Neither party may assign or delegate its rights or obligations under this Agreement without the others written consent.

(b) Governing Law: Severability: The law for the time being of the State of New South Wales shall govern and enforce this Agreement. If any provision of this Agreement is found by a court of competent jurisdiction to be unenforceable for any reason that clause may be enforced to the maximum extent permissible and the remainder of this Agreement shall continue in full force and effect.

(c) Dispute Resolution: Any dispute, controversy or claim arising out of or relating to this Agreement or the breach, termination or invalidity thereof shall first be the subject of conciliation, administered by the Australian Commercial Disputes Centre Limited ("the Centre") conducted at Sydney and held in accordance with the Conciliation Rules of the Centre in force at the date of this Agreement.

(d) This Agreement does not authorize the Tester to use the Supplier's name, tradename or trademarks or the fact of its participation in this beta test programme for any publicity or marketing or other activities unless the Supplier in writing permits such usages. The granting of any such permission shall be in the sole discretion of the Supplier.

(e) There is no agency, partnership, joint venture or other joint or exclusive relationship created by this Agreement.


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2) Libraries used in this product


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