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
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.
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:
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
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 firstname.lastname@example.org.
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 Testers 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
Confidential Information - Pre Commercial
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
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
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
Topologi and the Tester acknowledge and agree that the Product
is a beta test version that may contain bugs, defects and
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
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 Testers customers or any other party
claiming against the Supplier arising out of or in connection
with the Testers 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 Testers 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 Suppliers products
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
The Tester grants the Supplier the right, to be exercised
in the Suppliers sole discretion, to use the facts,
contents and outcomes of the beta test, Testers comments
in the Suppliers 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 Suppliers 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.
2) Libraries used in this product