This is a beta test agreement, effective 04-23-2024, between Syngli Inc. ("Company") and You ("Tester"), in which Tester agrees to test the software program and keep Company aware of the test results.
Syngli will not charge any fees for the use of the Product during the Beta Period. Subject to the terms and conditions of this Agreement, Syngli grants the Tester a non-exclusive, non-transferable license (without the right to sublicense):
Syngli 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.
There will be no monetary compensation from the Company to the Tester. However, the Tester may be entitled to some discount on use of premium features and/or content when released.
As a normal part of the Beta Test program, Tester agrees to provide timely feedback to the Company representatives on the progress of the Beta Test whether or not formally requested to do so. This may include bug reports and written evaluations of new features included in the Beta Products. The Tester shall report to Syngli, as soon as practical, any perceived defect in the Beta Product.
The Tester, through their completion of the Beta Test, agrees to provide material, statistics, written statements or other Personal Information that is not deemed confidential to Tester's business for use in press releases, user testimonials, and as a reference in marketing and sales initiatives by Syngli. The Tester will be given an option, during the Beta Test, to assent (through an opt-in check-box) to having their written statements or other Personal Information quoted by the Company in the manners described above.
The Tester shall not:
LICENSEE RECOGNIZES THAT ALL PRODUCT AND OTHER ITEMS PROVIDED TO LICENSEE HEREUNDER ARE DELIVERED "AS IS." LICENSEE ASSUMES THE ENTIRE RISK AS TO THE QUALITY AND PERFORMANCE OF PRODUCT. NEITHER THE COMPANY NOR ANY OF ITS AFFILIATES OR LICENSORS WILL BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL OR OTHER CONSEQUENTIAL DAMAGES ARISING FROM OR RELATED TO THIS AGREEMENT, WHETHER IN AN ACTION IN CONTRACT, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE, EVEN IF THE PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
In accordance with Clause 3, to value the Tester’s privacy the Company has developed a policy in order for Testers better understand how the Company collects and uses Personal Information.
You agree that Feedback:
Syngli will use the Tester’s Personal Information only for identified purposes, and protect the Tester’s Personal Information in a manner that is consistent with Syngli’s Privacy Policy (https://syngli.com/privacy.php)
Syngli shall own and retain all right, title and interest in and to the Intellectual Property Rights in the Beta Products and any derivative works thereof, subject only to the limited license expressly set forth in Section 2 hereof. You do not acquire any other rights, express or implied, in the Beta Products. ALL RIGHTS NOT EXPRESSLY GRANTED HEREUNDER ARE RESERVED TO SYNGLI.
Should you decide to transmit to Syngli by any means or by any media any materials or other information (including, without limitation, ideas, concepts or techniques for new or improved services and products), whether as information, feedback, data, questions, comments, suggestions or the like, you agree such submissions are unrestricted and will be deemed non-confidential and you automatically grant Syngli. and its assigns a non-exclusive, royalty-free, worldwide, perpetual, irrevocable license, with the right to sublicense, to use, copy, transmit, distribute, create derivative works of, display and perform the same.
The Tester will not disclose Software or any comments regarding Software to any third party without the prior written approval of Syngli. The Tester 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. The Tester will not be liable for the disclosure of any confidential information which is:
Either Party may terminate Tester’s participation in an individual Beta Test, or this Agreement entirely, at any time for any reason upon notice to the other Party. Aside from the termination of the right of use by reason of time lapse, this Agreement will terminate without notice upon the commercial release of the "Beta Products".
Furthermore, the rights conferred to the Tester under this agreement terminate without notice from Syngli if the Tester fails to comply with any term(s) of this agreement.
This agreement is governed by and interpreted in accordance with the laws of Canada and the laws of the Province of Ontario.
If you have any questions about this Beta Test Agreement, or if you want to contact Syngli for any reason, please direct all correspondence to: