Confidential Beta Test Agreement
This agreement is between CAM Commerce Solutions, with principal offices at
17075 Newhope St., Suite A, Fountain Valley, CA 92708 ("CAM") and the
company name below, ("You").
You have read the terms and conditions of this agreement and, subject to
these terms and conditions, desire to become involved as a Beta Tester for
MicroBiz software.
To be eligible for this program, you must have:
- Current version of the Business Controller Plus, key block, and authorized serial number
- Internet access from your place of business
- PCAnywhere installed, with an external modem (US Robotics required) - (Recommended)
- 256 MB RAM minimum
- Windows 2000 Professional or XP
- Norton Anti-Virus running in the background
- Battery back-up device (UPS)
- Data back-up device (e.g. zip drive)
Upon acceptance by CAM, you may receive materials related to MicroBiz
software products in development ("beta software"). These may include
questionnaires, CD-ROM's, program documentation, files sent via e-mail, or
other materials. You acknowledge that in becoming a "Beta Tester," you are
the recipient of important proprietary and confidential information.
All information relating to beta software, whether written, oral, or
transmitted electronically, including new features and descriptions of
products, is considered proprietary. The results of any beta testing you
perform are also considered proprietary. This proprietary information
constitutes valuable trade secrets and is a special, valuable and unique
asset of CAM. It may not be disclosed to any third party without the express
written permission of CAM. You will also restrict the disclosure of
proprietary information within your own organization to those individuals
who have a need to know.
Upon the commercial release of the product, those features that are included
in the released product are no longer considered proprietary. However,
details and features which do not appear in the commercial release of the
product, and the results of any beta testing you perform, remain proprietary
information for a period of five (5) years. You understand that all beta
software materials supplied are of an experimental nature and consequently
may be prone to failure or corruption. CAM cannot guarantee the validity or
compatibility of any data used in conjunction with beta software. You also
understand that any documentation provided may be incomplete or outdated.
You acknowledge that CAM will not be responsible for any loss or damage
sustained as a result of failure or corruption of the beta software, and you
further indemnify CAM from any claim made by any other parties as a result
of your use of beta software.
Should it be necessary, and subject to the consent of both parties, CAM will
provide on-site support to install this software and review/update your
system configuration for a reduced fee and on a limited basis under certain
terms and conditions. On-site visits are subject to the availability of CAM
personnel and must be booked a minimum of three weeks in advance. (Weekend
travel or visits are not available at a discounted rate.) The discounted fee
for this on-site will be $250 for travel (based on location) and $500 per
day on-site, unless your facility is not near a major airport or requires
special travel arrangements. Technical telephone support for issues not
related to the new beta features will be provided at the regular rate. By
authorizing this document you agree to pay for the technical support time
and on-site visits that you request. Please note, support time includes
off-phone time required for issue investigation, which is also billable.
You agree that someone in your organization, or a dealer who has also
authorized a copy of this agreement, will send a report as needed during the
beta test to document the results of the testing at your site(s). CAM will
provide you with the e-mail address to which this report should be sent and
also the format for the report. CAM reserves the right to terminate your
beta tester status if you do not fulfill requirements. In the event that
your beta tester status is terminated, this does not release you from the
other terms of this agreement.
Below the agreement is a form that would need to be filled out by the
customer and submitted.
Software expires shortly after the testing period.
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