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Terms of Service 2024
End User License Agreement (EULA)
This Beta Testing EULA is a legal agreement (hereinafter "Agreement") between Pasigan Software llc. (hereinafter "Developer" ) and you, either an individual or a single entity, (hereinafter "Licensee"). This Agreement covers all software, the associated media, any printed materials, data, files and information and any "online" or "mobile in app" or electronic documentation ("Software") which it accompanies, and which has been provided to Licensee without payment of any fees or costs. This Agreement takes precedence over any other agreement or terms embedded within the software.
Assent to Be Bound
By tapping the "I accept the terms..." during registration, by executing a written copy of this Agreement, or by downloading, installing, copying or otherwise using this Software, Licensee agrees to be bound by the terms of this Agreement. If Licensee does not agree with any term or condition, do not download, open, install or use the Software. Contact Developer to arrange to be removed from the Beta Testing program at no charge to Licensee. In addition, certain third party code may be provided with the Software and/or Service. The third-party license terms accompanying such code, and not the terms of this Agreement, will govern your use of such code.
THE BETA SOFTWARE LICENSED HEREUNDER MAY CONTAIN DEFECTS AND A PRIMARY PURPOSE OF THIS BETA TESTING LICENSE, FOR WHICH NO FEES HAVE BEEN CHARGED OR ARE DUE FROM LICENSEE, IS TO OBTAIN FEEDBACK ON SOFTWARE PERFORMANCE AND THE IDENTIFICATION OF DEFECTS. LICENSEE IS ADVISED TO SAFEGUARD IMPORTANT DATA, TO USE CAUTION AND NOT TO RELY IN ANY WAY ON THE CORRECT FUNCTIONING OR PERFORMANCE OF THE SOFTWARE AND/OR ACCOMPANYING MATERIALS.
Feedback from Licensee
It is expressly understood, acknowledged and agreed that Licensee shall, regardless of whether or not formally requested to do, provide to Developer reasonable suggestions, comments and feedback regarding the Software, including but not limited to usability, bug reports and test results, with respect to Software testing (collectively, "Feedback"). Contingent upon all of the terms and conditions herein and especially upon Licensee's obligations to provide Feedback, Licensee grants Developer, under all of Licensee's intellectual property and proprietary rights, the following worldwide, non-exclusive, perpetual, irrevocable, royalty free, fully paid up rights: (i) to make, use, copy, modify, sell, distribute, sub-license, and create derivative works of, the Feedback as part of any Developer product, technology, service, specification or other documentation (individually and collectively, " Developer Products"); (ii) to publicly perform or display, import, broadcast, transmit, distribute, license, offer to sell, and sell, rent, lease or lend copies of the Feedback (and derivative works thereof) as part of any Developer Product; (iii) solely with respect to Licensee's copyright and trade secret rights, to sublicense to third parties the foregoing rights, including the right to sublicense to further third parties; and (iv) to sublicense to third parties any claims of any patents owned or licensable by Licensee that are necessarily infringed by a third party product, technology or service that uses, interfaces, interoperates or communicates with the feedback or portion thereof incorporated into a Developer Product, technology or service. Further, Licensee warrants that Licensee's Feedback is not subject to any license terms that would purport to require Developer to comply with any additional obligations with respect to any Developer Products that incorporate any Feedback.
Grant of License
Subject to the terms and conditions of this Agreement, Developer grants to Licensee a non-exclusive, non-transferable license (without the right to sublicense) to use the Software solely for purposes of internal testing and evaluation.
Restrictions on Grant
Except as otherwise specifically permitted in this Agreement, Licensee may not:(a) Modify or create any derivative works of any Software or documentation, including translation or localization (code written to published APIs (application programming interfaces) for the Software shall not be deemed derivative works); (b) Copy the Software except as provided in this Agreement or elsewhere by Developer; (c) Separate Software, which is licensed as a single product, into its component parts. (d) Sublicense or permit simultaneous use of the Software by more than one user; (e) Reverse engineer, decompile, or disassemble or otherwise attempt to derive the source code for any Product the Software (except to the extent applicable laws specifically prohibit such restriction); (f) Redistribute, encumber, sell, rent, lease, sublicense, use the Software in a timesharing or service bureau arrangement, or otherwise transfer rights to any Software. You may NOT transfer the Software under any circumstances; (g) Remove or alter any trademark, logo, copyright or other proprietary notices, legends, symbols or labels in the Product(s); (h) Capture and publish any screen shots of the Software's user interface, user workflow or any other graphical user interface assets online, to the the public or a third party without Developer prior written consent; (i) Publish any results of benchmark tests run on any Software to a third party without Developer prior written consent.
Right of User Account Termination
Developer retains all rights to software and reserves the right to terminate any user account at any time for any reason, including denying access to account, locking account, removing account and all associated materials. User acknowledges this and agrees to hold Developer blameless in this situation.
Beta-Software Product Support
Developer is under no obligation to provide technical support under the terms of this license, and provides no assurance that any specific errors or discrepancies in the Software will be corrected.
Ownership and Copyright of Software
Title to the Software and all copies thereof remain with Developer and/or or its suppliers. The Software is copyrighted and is protected by United States copyright laws and international treaty provisions. Licensee will not remove copyright notices from the Software. Licensee agrees to prevent any unauthorized copying of the Software. Except as expressly provided herein, Developer does not grant any express or implied right to Licensee under Developer patents, copyrights, trademarks, or trade secret information.
This Software is Confidential Information. Licensee will not disclose Software or any comments regarding Software to any third party without the prior written approval of Developer. Licensee will maintain the confidentiality of Software with at least the same degree of care that you use to protect your own confidential and proprietary information, but not less than a reasonable degree of care under the circumstances. Licensee will not be liable for the disclosure of any Confidential Information which is: (a) in the public domain other than by a breach of this Agreement on Licensee's part; or (b) rightfully received from a third party without any obligation of confidentiality; or (c) rightfully known to Licensee without any limitation on use or disclosure prior to its receipt from Developer; or (d) independently developed by Licensee's employees; or(e) generally made available to third parties by Developer without restriction on disclosure.
Terms Of This Agreement
Licensee's rights with respect to the Beta Software will terminate upon the earlier of (a) the initial commercial release by Developer of a generally available version of the Software or (b) six months after the last date Recipient receives the Software or any update thereto. Either party may terminate this Agreement at any time for any reason or no reason by providing the other party advance written notice thereof. Upon any expiration or termination of this Agreement, the rights and licenses granted to Licensee under this Agreement shall immediately terminate, and Licensee shall immediately cease using, and will return to Developer (or, at Developer request, destroy), the Software, Documentation, and all other tangible items in Licensee's possession or control that are proprietary to or contain Confidential Information.
Do not post: Threats that could lead to death (and other forms of high-severity violence) and admission of past violence targeting people or places where threat is defined as any of the following: Statements of intent to commit high-severity violence. This includes content where a symbol represents the target and/or includes a visual of an armament or method to represent violence. Calls for high-severity violence including content where no target is specified but a symbol represents the target and/or includes a visual of an armament or method that represents violence.
Statements advocating for high-severity violence. Aspirational or conditional statements to commit high-severity violence.
Statements admitting to committing high-severity violence except when shared in a context of redemption, self-defense or when committed by law enforcement, military or state security personnel.
Content that asks, admits to offering or offers services for hire to kill others (for example, hitmen, mercenaries, assassins) or advocates for the use of a hitman, mercenary or assassin against a target
Admissions, statements of intent or advocacy, calls to action, or aspirational or conditional statements to kidnap or abduct a target or that promotes, supports or advocates for kidnapping or abduction
Content that depicts kidnappings or abductions if it is clear the content is not being shared by a victim or their family as a plea for help, or shared for informational, condemnation or awareness raising purposes
Threats of high-severity violence using digitally-produced or altered imagery to target living people with armaments, methods of violence or dismemberment
Threats that lead to serious injury (mid-severity violence) and admission of past violence toward private individuals, unnamed specified persons, minor public figures, high-risk persons or high-risk groups where threat is defined as any of the following:
Statements of intent to commit violence, or Statements advocating violence, or Calls for mid-severity violence including content where no target is specified but a symbol represents the target, or Aspirational or conditional statements to commit violence, or Statements admitting to committing mid-severity violence except when shared in a context of redemption, self-defene, fight-sports context or when committed by law enforcement, military or state security personnel. Content about other target(s) apart from private individuals, minor public figures, high-risk persons or high-risk groups and any credible:
Statements of intent to commit violence, or Calls for action of violence, or Statements advocating for violence, or Aspirational or conditional statements to commit violence Threats that lead to physical harm (or other forms of lower-severity violence) towards private individuals (self-reporting required) or minor public figures where threat is defined as any of the following:
Private individuals (name and/or face match are required) or minor public figures that includes: Statements of intent, calls for action, advocating, aspirational or conditional statements to commit low-severity violence Instructions on how to make or use weapons if there is evidence of a goal to seriously injure or kill people through:
Language explicitly stating that goal, or Photos or videos that show or simulate the end result (serious injury or death) as part of the instruction. Unless the aforementioned content is shared as part of recreational self defense, for military training purposes, commercial video games, or news coverage (posted by a Page or with a news logo). Providing instructions on how to make or use explosives, unless there is clear context that the content is for a non-violent purpose (for example, part of commercial video games, clear scientific/educational purpose, fireworks or specifically for fishing)
Any content containing statements of intent, calls for action, conditional or aspirational statements, or advocating for violence due to voting, voter registration or the administration or outcome of an election
Statements of intent or advocacy, calls to action, or aspirational or conditional statements to bring weapons to locations, including but not limited to places of worship, educational facilities, polling places or locations used to count votes or administer an election (or encouraging others to do the same).
Limitation on Liability
Provision of any Software under this Agreement is experimental and shall not create any obligation for Developer to continue to develop, productize, support, repair, offer for sale or in any other way continue to provide or develop Software either to Licensee or to any other party. THE SOFTWARE IS PROVIDED "AS IS" WITHOUT ANY EXPRESS OR IMPLIED WARRANTY OF ANY KIND INCLUDING WARRANTIES OF MERCHANTABILITY OR FITNESS FOR ANY PARTICULAR PURPOSE. IN NO EVENT SHALL Developer OR ITS SUPPLIERS BE LIABLE FOR ANY DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF PROFITS, BUSINESS INTERRUPTION, LOSS OF INFORMATION) ARISING OUT OF THE USE OF OR INABILITY TO USE THE SOFTWARE, EVEN IF Developer HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
Licensee acknowledges that Software is of U. S. origin. Recipient agrees to comply with all applicable international and national laws that apply to the Software, including the U. S. Export Administration Regulations, as well as end-user, end-use and destination restrictions issued by U. S. and other governments.
This Agreement constitutes the complete and exclusive agreement between Developer and Licensee with respect to the subject matter hereof, and supersedes all prior or contemporaneous oral or written communications, proposals, representations, understandings, or agreements not specifically incorporated herein. This Agreement may not be amended except in a writing duly signed by an authorized representative of Developer and Licensee.
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