This Beta Test Agreement (“Beta Agreement”) is between you (“You”) and
Fixed Frame Ltd., a company registered in Ireland (company number 820747, registered
office 77 Lower Camden Street, Dublin D02 XF80, Ireland) (“Fixed Frame”,
“we”, “us”), and applies whenever we provide you with any pre-release or beta
build of Konformista or Konformer, or of any feature in them (“the Beta
Software”). It supplements and prevails over the End User License Agreement for
that software — the Konformista commercial EULA or the Konformer Free Software License Agreement,
as applicable — wherever they conflict.
- Pre-release, limited term. The Beta Software is unfinished, may contain defects,
and may change or be withdrawn at any time. Your license is for evaluation and testing
only, is time-limited, and ends on the earlier of your beta license's expiry, the end of the
beta programme, or notice from us. On expiry or termination you must stop using and delete the Beta
Software.
- No warranty; live use is at your own risk. THE BETA SOFTWARE IS PROVIDED STRICTLY
“AS IS”, WITH NO WARRANTY OF ANY KIND AND NO CONFORMITY GUARANTEE. Any
30-day or other warranty in the commercial EULA does not apply to Beta Software. It is
not recommended for production; if you choose to use it on live or paying work, you do
so at your own risk — keep your original project files and independent backups,
and verify all output before delivery. Do not rely on the Beta Software as your only copy of project
data.
- Confidentiality. The Beta Software, and non-public information about it (features,
performance, defects, and any commercial specifics), are confidential. Until we make the relevant
information public, you will not disclose it, publish benchmarks or screenshots, or give any third
party access to the Beta Software, except with our prior written consent — which
we're glad to give for reasonable promotional use, since we know you're our word-of-mouth. This does
not apply to information that (a) is or becomes public through no fault of yours; (b) you already
lawfully knew; (c) you independently develop without using the Beta Software; or (d) you must disclose
by law or court order (with prompt notice to us where lawful). This obligation lasts only until the
relevant information becomes public.
- Feedback. We value your feedback. You grant Fixed Frame a perpetual, irrevocable,
worldwide, royalty-free license to use, and to incorporate into our products, any feedback, bug
reports, or suggestions you provide, with no obligation or compensation to you. You need not disclose
anything confidential to us.
- No obligation to release. We are under no obligation to release the Beta Software,
or any feature in it, as a generally available product, or to provide support, updates, or
migration.
- Data. Any usage data is opt-in and handled as described in our
Privacy Notice; accepting this Beta Agreement is not consent to
usage data.
- Termination. We may terminate your access to the Beta Software at any time, for
any reason. The no-warranty, confidentiality, and feedback sections, and the liability-and-law section,
survive termination.
- Liability & law. To the maximum extent permitted by law, our total liability
under this Beta Agreement is limited to one hundred euro (€100). Nothing in this Beta Agreement
excludes or limits our liability for death or personal injury caused by our negligence, for fraud, or
for any other liability that cannot be excluded under the laws of Ireland. The consumer-rights savings
and the governing-law and jurisdiction provisions of the End User License Agreement applicable to your
software (the Konformista commercial EULA or the Konformer Free Software License Agreement) also apply
to this Beta Agreement.
Contact: [email protected]
See also the Privacy Notice
and the legal notice.