EULA - Insider Program
VELIXO INSIDER PROGRAM
14 November 2022
Welcome to the Velixo Insider Program (“Program”)! Our Program gives volunteers (Insiders) the opportunity to test-drive experimental and pre-release software on your devices and participate in the Program – for free. We welcome your feedback to help us improve and make Velixo an even better product for everyone, so we are excited to hear what you think!
Before signing up, please carefully review all the Program terms which create a legal agreement between you and Velixo (or, based on where you live, or if a business, where your principal place of business is located, one of its affiliates) and governs your participation in the Program that, once accepted by you, applies to you. If you specify a company name when signing-up for the Program, this means you are entering into this Agreement on behalf of that organization or company. If you are entering this Agreement on behalf of an entity, such as your employer, you represent that you have the legal authority to bind that entity.
By signing-up to participate in the Program, you represent you are the legal age of “majority” where you live and agree to be bound by the terms of this Agreement which is required for you to participate in the Program.
1. Program Participation.You are volunteering to participate in the Program with the knowledge that the purpose of this Program is to make experimental, preview, beta or other early pre-release software (“Software”) available to you, including related documentation, materials, and information such as Program webpages, emails, forums, content, feedback and other services (“Program Services”), for the purpose of providing Velixo with useful information about your experience with the Software and Program Services.
1.1 You understand that using experimental and early pre-release software means you may experience occasional crashes and data loss. By participating, you agree to frequently backup your data.
1.2 Your Program participation is voluntary and free, there is no compensation for your participation. Your participation does not create a legal partnership, agency, or employment relationship between you and Velixo.
1.3 Your Program participation does not obligate Velixo to provide you with Software or Program Services.
1.4 You agree not to decompile, reverse engineer, disassemble, decrypt, or otherwise attempt to derive the source code of any Software except and only to the extent that the foregoing restriction is (i) permitted by applicable law; (ii) permitted by licensing terms governing the use of open-source components that may be included with the software; or (iii) required to debug changes to any libraries licensed under the GNU Lesser General Public License which are included with and linked to by the software.
2. The Velixo Insider Program (“Program”) versionsmay be substantially different from the commercially released versions. Because the Software may contain more errors or inaccuracies, you should back-up your device before installing any Software. We recommend installing on non-production devices that are not business critical because you are more likely to experience crashes, setting and policy changes, loss of data or apps, feature, and functionality changes, cause other apps to stop working, be updated, or removed from your device automatically without notice and other potential issues. We highly recommend that you do not install the Software on any systems you don’t directly control or that you share with others.
2.1 Prerelease and Experimental Software and Services. The Program may have not included, reduced, or different security, privacy, accessibility, availability, and reliability standards relative to commercially provided services and software. We may change or discontinue the Program at any time without notice.
2.2 Recovery. To recover, you may have to reinstall your apps. In some instances, you may not be able to go back to your prior version of Software.
2.3 Automatic Update. The Program updates automatically through the auto-updater. Some features may be removed or may stop working after a predetermined time period or at the end of an evaluation cycle once enough data has been collected.
2.4 Support. Limited or no support may be provided for the Program.
3. Feedback. We provide access to the Program to you so you can tell us more about what you like, what you don’t like, and what changes you would like to see in Velixo. When you provide us comments, suggestions, or other feedback about the Velixo Insider Program (“Feedback”), you grant Velixo and its partners rights to use the Feedback in any way and for any purpose.
3.1 You acknowledge that Velixo will be collecting, using, storing, processing, and analyzing diagnostic, technical, error reports, crash dumps, usage and other related data from your devices that are running Software as part of this Program to help Velixo improve our products and services.
4. Data Collection. The Program may automatically collect and provide data to Velixo, which may include your personal information. We use this information to communicate with you, as described below. We may also share certain data collected in connection with the Program with third parties. For example, we may share data about the performance of a particular software component on your device with the manufacturer of that component to enable them to improve how their component works with Velixo products and services.
5. Communications with You. Velixo may use your contact information (i) to communicate with you about your use of the Program, and (ii) to provide you with additional information, about the Program and other Velixo products or services. This contact may be by email, SMS, instant message, web chat, phone, in the user interface, or other means, and may include offers. You can always choose whether you wish to receive promotional email, SMS messages, telephone calls and postal mail from Velixo.
6. Non-Transferable. You may not transfer or share the Software or related documentation or materials you receive from Velixo as part of your participation in the Program, unless otherwise agreed or permitted by Velixo, or except if the laws where you live (or, if a business, where your principal place of business is located) permit this, even if our Agreement does not.
7. Opt-Out. If you change your mind about participating in the Program, you may voluntarily opt-out at any time. Just stop using the Program Services, and un-install and delete all copies of any Software.
8. Termination. Velixo reserves the right to terminate your access to any or all of the Program at any time, without notice, for any reason whatsoever. Termination of your use of, or your access to, the Program; or the termination of this Agreement terminates your right to possess or use any Program, and you must delete all copies of the Software, Content and other materials provided as part of the Program. Sections 9, 10, 11, 12 and 14 survive termination of this Agreement.
9. Additional Terms. The Velixo License agreement also applies to the Program (https://velixo.com/agreements/). To the extent any additional terms conflict with this Agreement, this Agreement will control.
10. Reservation of Rights. Velixo may have patents, patent applications, trademarks, copyrights, or other intellectual property rights covering subject matter in the Program. Except as expressly provided in any written license agreement from Velixo, the furnishing of the Program does not give you any license to these patents, trademarks, copyrights, or other intellectual property. Velixo reserves all rights not expressly granted under this Agreement, and no other rights are granted under this Agreement by implication or estoppel or otherwise.
11. Warranty. Velixo, and our affiliates, resellers, distributors, vendors, and partners, make no warranties, express or implied, guarantees or conditions with respect to the Program or your participation in the Program. You understand that use of the Program is at your own risk and that we provide the Program on an “as is” basis “with all faults” and “as available.” You bear the entire risk of using the Program. To the extent permitted under your local law, we exclude any implied warranties, including for merchantability, satisfactory quality, fitness for a particular purpose, workmanlike effort, and non-infringement. You may have certain rights under your local law. Nothing in this Agreement is intended to affect those rights, if they apply.
12. Damages. If you have any basis for recovering damages related to the Program or Program, you agree that your exclusive remedy is to recover, from Velixo or any affiliates, resellers, distributors, third-party app and service providers, partners, and vendors, direct damages up to the amount that you paid for the Program (or up to $10.00 USD if you acquired the Program for no charge). You cannot recover any other damages or losses, including direct, consequential, lost profits, special, indirect, incidental, or punitive damages.These limitations and exclusions apply even if this remedy does not fully compensate you for any losses or fails of its essential purpose or if we knew or should have known about the possibility of the damages. To the maximum extent permitted by law, these limitations and exclusions apply to anything, or any claims related to the Program or your participation in the Program.
13. Updates to Agreement.From time to time, we may change this Agreement. If we do, we will notify you, by posting a notice on the Program website, or through the following means: the user interface of the Software, in an email notification, instant message, or through other reasonable methods. Your use of the Program after the date the change becomes effective will be your consent to the changed terms. If you do not agree to the changes, you must stop using the Program.
14. Governing Law and Choice of Forum.This Agreement shall be governed by and interpreted in accordance with the laws of the Province of Quebec, without regard to the conflicts of law rules thereof. The courts of Montreal shall have exclusive jurisdiction to hear and determine any claims, disputes, actions, or suits, which may arise under or out of this Agreement. The parties agree and voluntarily consent to the personal jurisdiction and venue of such courts for such purposes.