BETA TEST AGREEMENT

Read our terms and conditions

Beta Test Agreement
between
SPRINT PAY
CNIT – BP 230 (ESSEC VENTURES)

2, Place de la Défense

92053 PARIS LA DEFENSE – FRANCE
and
You, as user

01. Scope of this Agreement

The Software-Product accompanying this Agreement as a pre-release copy and all affiliated materials, including documentation and information (collectively the « Product »), is copyrighted. Scope of this agreement is the licensing (not selling) of the « Product » to You, as the ‘user’ (either an individual or an entity).
SPRINT PAY reserves all rights not expressly granted.

02. Extent of Use / User Duties

  • SPRINT PAY grants the User a simple, non-exclusive and temporally restricted right to use the « Product » solely for the purpose of testing. Your rights in the « Product » are limited to those expressly granted in this agreement. In particular, SPRINT PAY reserves all rights of reproduction, distribution and publication.
  • The license is restricted to the respective version acquired, i.e. new versions must be re-licensed. SPRINT PAY is not obligated to provide maintenance, technical support or updates to the User. In no event shall SPRINT PAY be obligated to provide the User a copy of the commercial release version of the « Product » ». SPRINT PAY is not obligated to make the « Product » » commercially available.
  • The license is restricted to the object code of the « Product ». SPRINT PAY is not obliged to provide the user with the source code. The user may not reverse engineer, decompile, dis- and/or reassemble, or change, alter, modify the « Product »; or create derivative works, enhancements, extensions or add-ons to/of any part of the « Product ».
  • This license entitles the user to install and use the « Product » on only one single location (only one computer normally). If this location is part of a multi-user-system, or if the « Product » is to be designed for getting installed on a server centrally (and to be used in a network system), the license is valid for all authorized users of the related system.
  • The « Product » may not be used per data transmission. The transfer in physical form (i.e. stored on portable or other physical media) from one computer to another is only permitted if the « Product » is not used on more than one computer at the same time. If the « product » is to be used in a network system, § 3 cipher 4, S.2 applies accordingly.
  • A transfer of the « Product » or any portion of it to third parties under retention of any usage possibilities is excluded, unless SPRINT PAY permits such a transfer in a written agreement with the user. The user is obliged to prevent unauthorized access to the « Product » by third parties through the implementation of appropriate precautionary measures. The original storage media delivered, and any backups are to be stored in a location protected against unauthorized access by a third party. The User is to be obliged to advise potential employees to respect copyright and the terms of this agreement.
  • The User shall not rent, lease, sell, sublicense, assign any portion of the « Product » or the « Product » itself.
  • Duplication of the « Product » is prohibited, provided that the duplication is not necessary for the normal operation of the « Product ». Duplication is considered necessary when it occurs during the installation of the « Product » to a hard disk from the accompanying media and when downloading or printing-out data from the running application for exclusively personal use. In addition, the User may create a backup copy when such action is necessary to ensure future use of the « Product » in the contractually implied, exclusively personal manner.
  • Translation of the « Product » is prohibited.
  • Any copy protection system, copyright-notice, or registration-number built into the « Product », or any other characteristics that serve to identify the program, are not to be removed by the User.
  • The User agrees to provide reasonable feedback to SPRINT PAY, particularly to report any and all problems and test results relating to the « Product ». All this information may be used by SPRINT PAY for its own purpose. Due to the nature of the development work, SPRINT PAY provides no assurance that any specific errors or discrepancies in the « product » will be corrected.

03. Warranty / Claims for Damages

  • The User is aware of the fact that Software can generally not be produced completely devoid of faults. SPRINT PAY is only liable for defects in the « Product » that decrease significantly it’s value or suitability for the contractually intended use. The warranty refers only to material defects of contractual « Product »s delivered by SPRINT PAY. SPRINT PAY is liable without limitation for defects in title.
  • SPRINT PAY is liable for damages arising from the injury of life, body or health that are based on a negligent breach of duty on the part of SPRINT PAY or an intentional or negligent breach of duty by a legal representative or a vicarious agent of SPRINT PAY; as well as for other damages that are based on an intentional or grossly negligent breach of duty on the part of SPRINT PAY or on an intentional or grossly negligent breach of duty by a legal representative or a vicarious agent of SPRINT PAY; yet, SPRINT PAY is fully liable for damages arising from a breach of essential (but only typical, predictable contractual obligations). Further liability for damages is excluded, no matter on which legal grounds claims are based. Liability for damages resulting from a failure to meet explicitly granted quality guarantees or such liability based on the French Product Liability Act remains unaffected.
  • It is up to the User to choose an appropriate usage location for the « Product » and to determine the type of hardware/ computer system to be used. SPRINT PAY offers no guarantees in this matter.

04. Term of Agreement

  • The term of this Agreement shall commence on the date of User’s receipt of the Software and will continue for 2 months. A continue of the term may be granted by SPRINT PAY on written request.
  • 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 « Product ».
  • Furthermore, the rights conferred to the User under this agreement terminate without notice from SPRINT PAY if the User fails to comply with any term(s) of this agreement.
  • In all cases of termination, the User is obliged to give all media containing « Product » and Documentation back to SPRINT PAY and to remove the « Product » and all files built with its help from the hard drive in a way that guarantees non-recoverability and, upon demand by SPRINT PAY, to confirm the complete removal through a declaration in lieu of oath. In either case User shall confirm to SPRINT PAY the deletion of the « Product » in written by ideally using the corresponding form of SPRINT PAY.

05. Additional terms concerning Windows PE

If the « Product » the User has licensed includes Windows PE, the following terms and conditions will accumulative become valid in addition to the other terms :

  • « Windows PE » is Windows « Product » licensed from Microsoft Corporation and/or Microsoft Affiliate(s) and is provided « as is ».
  • « Windows PE » contains a security feature that will cause the computer system to reboot without prior notification to the end-user after 24 hours of continuous use.
  • Microsoft or its affiliates are not liable for the « Product » including « Windows PE » licensed by SPRINT PAY. Any support for the « Product » will be provided by SPRINT PAY
  • To avoid any Misapprehensions, the following is to be clarified:
    The license of the « Product » including « Windows PE » is limited to use it as a boot, diagnostic, disaster recovery, setup, restoration, emergency services, installation, test and/ or configuration utilities program, and not for use as a general-purpose operating system or as a substitute for a fully functional version of any operating system « Product ».
  • Windows® is a registered trademark of Microsoft Corporation.
  • « Windows PE » is subject to U.S /European Union export jurisdiction.

06. Confidentiality

The User binds itself not to circulate and to keep severely secret any kind of information, particularly with regard to technical, financial, organisational aspects, of which he or his organs, auxiliary persons, representatives, or other assigned persons get aware in coherence with this contract and/or during collaboration. In case of doubts the User binds itself to confer with SPRINT PAY

The User is obliged to bind organs, assistants, auxiliary persons, representatives or other persons who could get in contact to information in the same way.

07. Further Terms

  • This agreement may not be modified, varied or altered, unless agreed upon in writing by both contracting parties.
  • This agreement is governed by and interpreted in accordance with the laws of France.
  • Concerning contracts with merchants, commercial companies, public legal entities and legal separate estates under public law, as well as in those cases where the customer, who is not a consumer, does not have his/it’s general jurisdiction within France, the court located in Paris, France shall have jurisdiction to hear the disputes arising under this agreement.
  • This agreement, together with the general terms and conditions of SPRINT PAY, comprises the entire agreement between SPRINT PAY and the User.
  • If any current or future provision of this agreement is held to be invalid, illegal or unenforceable, the validity, legality and enforceability of the remaining provisions of this agreement will not be affected.

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