TERMS & CONDITIONS
This page (together with the documents referred to on it) contains the terms and conditions of use of “HostBooks beta version” to be accepted before useof any “HostBooks beta version”. Please read these terms and conditions carefully before useing or using any software from this website. You should understand that by useing any software from this website, you agree to be bound by these terms and conditions. These terms and conditions constitute a legal and enforceable contract between you and HostBooks. If you do not agree to these terms and conditions, abandon the registration process and do not use “HostBooks beta version”.
1. BETA USER CONDITIONS
1.1 Your use of the HostBooks Beta Version is governed by these terms and conditions (“Beta User Conditions”) which you should read carefully before using HostBooks Beta Version. These Beta User Conditions represent a binding contract between HostBooks and you. If you do not agree with these Beta User Conditions, please do not use HostBooks Beta Version.
1.2 HostBooks may update or amend these Beta User Conditions at any time. HostBooks will communicate such changes to you via the www.hostbooks.com portal.
1.3 These Beta User Conditions apply to you regardless of how you have accessed the HostBooks Beta Version and regardless of the territory in which you live or conduct business.
2. HostBooks BETA VERSION; LIMITED LIABILITY AND WARRANTY
2.1 Although utilizable by experienced users, HostBooks Beta Version is still being developed, tested and evaluated. HostBooks Beta Version has not been released for sale, distribution or any use by the general public.
2.2 HostBooks beta version is provided to you "as is" without warranty of any kind, either expressed or implied, including, but not limited to, any warranty of merchantability, non-infringement or fitness for a particular purpose. Use of HostBooks beta version is entirely at your own risk and may void warranty on your product. Should HostBooks beta version prove defective, you assume the cost of all necessary maintenance, servicing or repair. It is therefore your responsibility to take adequate precaution against possible damages resulting from the use of HostBooks beta version. HostBooks beta version should under no circumstances be used on sensitive and/or valuable data. if you are in any doubt, please do not use HostBooks beta version.
2.3 To the maximum extent permitted by applicable law, HostBooks will not be liable to you for any damages arising out of the use or inability to use HostBooks beta version (including but not limited to loss of data or data being rendered inaccurate or losses sustained by you or third parties or a failure of HostBooks beta version to operate with any other programs). in no event shall HostBooks liability exceed the price you paid for HostBooks beta version, if applicable.
2.4 We expressly represent that HostBooks beta version is not a final product and, as such, may contain various errors, defects and it may be unstable. We do not recommend useing HostBooks beta version during full or everyday operation. Furthermore, we do not recommend to use HostBooks beta version unless you are an experienced user.
3. NO TECHNICAL SUPPORT
HostBooks will not provide any technical support, maintenance or any other services for any HostBooks Beta Version except the cases where it feel to do so.
4. NO UPDATES
5. COPYRIGHT LICENCE
Specific terms and conditions of a copyright license granted to you by HostBooks and entitling you to use HostBooks Beta Version for the purposes of evaluation and testing. In order to use the Beta Portal and to use the HostBooks Beta Version you are required to accept these Beta User Conditions.
You will give HostBooks feedback about HostBooks Beta Version consisting of, without limitation, your suggestions, comments or any other feedback, whether it is required or provided on a voluntary basis (“Feedback”). If you provide HostBooks with any Feedback, as part of the testing and evaluation of HostBooks Beta Version, you agree that: (a) HostBooks may freely use, disclose, reproduce, license, distribute and otherwise commercialize the Feedback in any HostBooks product, specification or other documentation; and (b) you will not give HostBooks any Feedback (i) that you have sufficient cause to believe is subject to any patent, copyright, or other IP claim or right of any third party; or (ii) that is subject to the terms of the license that to require any HostBooks product incorporating or derived from any Feedback, or other HostBooks intellectual property, to be licensed to or otherwise shared with any third party.
8.1 HostBooks Beta Version, any information relating to beta testing progress and results, the Feedback, any product-related information and any other proprietary technology or know-how provided to you in whatever form by HostBooks through the Beta Portal or in connection with testing and evaluation of HostBooks Beta Version is confidential (“Confidential Information”).
8.2 By accepting the terms of this Beta Version License you accepts to keep, and ensure that any and/or all persons, firms, companies or organizations associated with you or your entity shall keep, all Confidential Information confidential and shall not disclose it to any person, unless given permission in written under this clause of the agreement. This confidentiality obligation shall not be applicable to the disclosures any Confidential Information which: (a) is or comes into public domain, except through breach of the confidentiality obligation under this clause; (b) comes to you possession by lawfully means from a third party/ or any other sources as the case may be, who is not confined by a confidentiality obligation relating to any such Confidential Information; (c) is required to be disclosed by any competent authority or any competent court of the jurisdiction or regulatory body, or any law, provided that you will promptly notify HostBooks in writing, or (d) is disclosed by you with HostBooks’ prior written consent.
8.3 By accepting this clause under this agreement you accepts that under no circumstances may any information about the testing progress and/or results be provided or passed/transferred to such persons who are not involved/part of the in the beta testing process. Any written representation, display of information, or any publication of beta versions testing reviews, suggestions, results, comments, evaluations or in any form or means shall be only permitted with the prior written consent of HostBooks.
The language of these Beta User Conditions shall be governed in English. Although HostBooks may provide one or more translations for your convenience, the English version shall prevail in the event of any conflict or discrepancy between the English and any other language version of these Beta User Conditions.
10. GOVERNING LAW
These Beta User Conditions will be governed by the laws of the State of California.
11. DISPUTE RESOLUTION
All disputes arising out of or in connection with these Beta User Conditions shall be finally decided by State of California.
12. EXPIRY OF HOSTBOOKS BETA VERSION LICENSE EXPIRY
Usage rights of this HostBooks Beta Version License issued to the users on terms and conditions mentioned under this agreement is for a period (usage period) of ONE (1) MONTH only. However, on a written request from the user, HostBooks on its sole discretion may extend the usage period.
In case of a breach of any term or condition of this agreement, the usage rights will be suspended immediately.
13. ENTIRE AGREEMENT
These Beta User Conditions (together with the documents to which they refer) contain the whole agreement between you and HostBooks relating to the use of The HostBooks Beta Version and supersede all previous agreements between you and HostBooks relating to it. You accept and confirm that by agreeing to these Beta User Conditions you have not relied on any representation, warranty or other assurance except those set out under this agreement on the Beta Portal.