NDA Form
Innergy Pre-release Testing Agreement
This Innergy Pre-release Testing Agreement is a legal agreement (hereinafter “Agreement”) between the Institute for Meditation and Inner Harmony (IMIH) and you (hereinafter “Licensee”). This Agreement covers all software, the associated media, any printed materials, data, files and information and any “online” or “mobile in-app” or electronic documentation (“Software”) which it accompanies, and which has been provided to Licensee without payment of any fees or costs. This Agreement takes precedence over any other agreement or terms embedded within the software.
In order to participate in the Innergy Pre-release Testing Program , you must agree to this Agreement.
IMIH has designed and developed a Innergy Pre-release Testing Program to, among other things, allow a limited number of people to download test versions of Innergy Mobile Application for mobile devices, such as Innergy for IOS or Android applications, and to provide feedback and comments to IMIH regarding use of such applications. By joining the Innergy Pre-release Testing Program , you agree to be bound by the terms and conditions set forth below.
1. Your Feedback
By enrolling in the Innergy Pre-release Testing Program you will have the ability to: (a) download, test, evaluate and analyze the Innergy Mobile Application (b) and provide feedback, analysis, suggestions and comments including, but not limited to, bug reports and test results to IMIH (collectively, “Feedback”).
By participating in the Innergy Pre-release Testing Program , you agree that any Feedback you provide will become the property of IMIH and you agree that IMIH may use all or part of your feedback in any manner or media now known without any further remuneration, compensation or credit to you. You represent that you have right to enter into this Agreement and that any Feedback which is provided by you is original work made solely by you and does not infringe any third party intellectual property rights.
2. Confidentiality
The Innergy Pre-release Testing Program is designed to assist IMIH in researching, analyzing and validating the usability and reliability of prospective product features. IMIH may disclose to you certain information (tangible or intangible) that you agree to treat as Confidential Information as set forth below.
Definition. “Confidential Information” means all information disclosed by IMIH, including, without limitation, documents, screenshots, designs, techniques, specifications, product plans, strategic information, existing or prospective business plans, existing or prospective product study or pilot test objectives and/or results, and other information related to the Purpose. Consistent with the foregoing, IMIH may also disclose Confidential Information related to certain unreleased and experimental product features or plans.
Obligations Regarding Confidential Information. You agree to: (a) use Confidential Information only for the Purpose; (b) not disclose Confidential Information to any third parties (including the sharing of unreleased/experimental product images); and (c) use the same degree of care, but no less than a reasonable degree of care (including reasonable security measures), to prevent the unauthorized use, dissemination or publication of Confidential Information as you would use to protect your own confidential information of like nature.
Remedies. You agree that any breach of this Agreement by you may result in irreparable harm to IMIH, for which damages would be an inadequate remedy and therefore, in addition to its rights and remedies otherwise available at law, IMIH shall be entitled to seek equitable relief, including injunction, in the event of such breach.
3. No Compensation or Employment
You acknowledge that you are participating in the Innergy Pre-release Testing Program on a purely voluntary basis, as a means of assisting, and in consideration of the opportunity to assist IMIH to use, implement, and understand various facets of the Innergy Mobile Application. IMIH makes no guarantee or representation as to whether or not your Feedback regarding the Innergy Mobile Application will be used, and you understand and acknowledge that IMIH will not compensate you for your participation in the Innergy Pre-release Testing Program . Furthermore, you acknowledge and agree that nothing in this Agreement or in your voluntary submission of Feedback creates any employment relationship between you and IMIH.
4. Termination or Discontinuation of Program
IMIH may, in its sole discretion, at any time, terminate or discontinue the Innergy Pre-release Testing Program , discontinue your participation in the Innergy Pre-release Testing Program , or remove your Feedback. You acknowledge and agree that all such decisions by IMIH are final and IMIH will have no liability with respect to such decisions.
5. Notices
Unless otherwise set forth in this Agreement, IMIH may give general notices to you by posting on any IMIH web site (e.g., IMIH.org) and, where possible, by electronic mail to your email address.
6. No Warranty from IMIH
You expressly agree that your participation in the Innergy Pre-release Testing Program is at your own risk. The Innergy Pre-release Testing Program is available on an “as is” basis, without warranty of any kind, express or implied. IMIH expressly disclaims any and all warranties including, any warranty or representation regarding the operation of the Innergy Pre-release Testing Program , the availability, accuracy or content of any information, services, or products provided or available through or in connection with the Innergy Pre-release Testing Program , the Innergy mobile application, IMIH, and/or the IMIH web site or any results obtained through the use thereof.
7. Limitations of Liability
In no event shall IMIH, its employees, agents, attorneys, consultants, or contractors be liable under this agreement for any consequential, special, lost profits, indirect or other damages, including but not limited to lost profits, loss of business, loss/damage to equipment, loss/damage to mobile device, cost of cover whether based in contract, tort (including negligence), or otherwise, even if IMIH has been advised of the possibility of such damages.
8. Entire Agreement
These Terms, the IMIH Terms of Service and Privacy Policy are the entire and exclusive agreement of the parties regarding the subject matter of this Agreement and supersedes all previous communications, representations, understandings and agreements, either oral or written, between you and IMIH. IMIH may modify the terms of this Agreement at any time upon notice published on the IMIH Help Center web site. Your continued participation in the Innergy Pre-release Testing Program after such notice shall be deemed to be continued acceptance of this Agreement including its amendments and modifications.