Beta Tester Agreement

This is a beta test agreement, effective May 30, 2018, between Ancestral Logs, LLC (“Developer”) and
You (“Tester”), in which Tester agrees to test the Ancestral Logs website and keep Developer aware of
the test results.
a. “Beta Products” shall mean the beta version of certain Developer products (including any
Updates thereto, in the case of Website) and the media and documentation provided by
Developer to You;
b. “Beta Test” shall mean the experience by You of the Beta Products, the completion of which will
require a minimum of six separate sessions (“Stages”), each with a sequence of tasks for You to
c. “Documentation” shall mean the printed or online written reference material furnished to You
in conjunction with the Beta Products, including, without limitation, instructions, guidance, beta
testing guidelines, and end user guides;
d. “Intellectual Property Rights” shall mean all intellectual property rights, including, without
limitation, valuable or confidential information, patent, copyright, trademark, trade secret;
e. “Website” shall mean the applicable Developer website platform licensed to you for nonproduction, evaluation purposes pursuant to this Agreement;
f. “Updates” shall mean a modification, error correction, bug fix, new release, or other update to
or for any website access;
g. “Feedback” shall mean information You provide to Developer in connection with the Program,
including ideas or inventions collected by Developer; and
h. “Personal Information” shall mean the Tester’s name, age, telephone number, e-mail address
and answers submitted for the Beta Test.
NOW, THEREFORE, in consideration of the promises set forth herein, the parties hereto agree as
2. Developer’s Obligations
Developer will not charge any fees for the use of the Beta Product during the Beta Period. Subject to the
terms and conditions of this Agreement, Developer grants the Tester a non-exclusive, non-transferable
license (without the right to sublicense):
1. to use the Website in accordance with the Documentation solely for purposes of internal testing
and evaluation; for purposes of clarification the use of the Website is for non-production use
2. to use the Documentation provided with the Website in support of Your authorized use of the
Developer is under no obligation to provide technical support under the terms of this license, and
provides no assurance that any specific errors or discrepancies in the Website will be corrected.
There will be no monetary compensation from the Developer to the Tester. However, the Tester may be
entitled to some discount on use of premium features and/or content when released.
3.Tester’s Obligations
The Tester agrees to:
a. provide timely feedback to the Developer representatives on the progress of the Beta Test
whether or not formally requested to do so. This may include bug reports and written
evaluations of new features included in the Beta Products.
b. report to Developer, as soon as practical, any perceived defect in the Beta Product.
c. through their completion of the Beta Test, provide material, statistics, written statements or
other Personal Information that is not deemed confidential to Tester’s business for use in press
releases, user testimonials, and as a reference in marketing and sales initiatives by Developer.
d. be given an option, during the Beta Test, to assent (through an opt-in check-box) to having their
written statements or other Personal Information quoted by the Developer in the manners
described above.
e. provide correct and complete citations for images uploaded for proper credit to be given, or
copyright must be owned by the Tester.
f. Allow Developer to use the information gathered in the Beta Test in the Beta Product after
testing is completed.
The Tester shall not:
a. Reverse duplicate, translate, modify, copy, printout, engineer, tamper with, decompile, or
disassemble the Beta Products;
b. Rent, lease, sublease or lend the Beta Products.
c. Assign the use of the product to another user. Those wishing to be additional Beta Testers shall
fill out a Beta Testing Application.
Licensee recognizes that all product and other items provided to licensee hereunder are delivered “as
is.” Licensee assumes the entire risk as to the quality and performance of portal. Neither the Developer
nor any of its affiliates or licensors will be liable for any indirect, incidental, special or other
consequential damages arising from or related to this agreement, whether in an action in contract, tort
(including negligence) or otherwise, even if the party has been advised of the possibility of such
5.Personal Information
In accordance with Clause 3, to value the Tester’s privacy the Developer has developed a policy in order
for Testers better understand how the Developer collects and uses Personal Information.
You agree that Feedback:
a. contains your original ideas or invention and is provided by you to Developer without payment
or conditions;
b. once conveyed to Developer, becomes the property and confidential information of Developer;
c. may be used or distributed by Developer for any purpose in connection with Beta Products or
development of any other product or services, including disclosure of such information to
affiliates, subsidiaries or third-party developers and publishers; and
d. permits Developer to collect and use Personal Information in connection with the Beta Products,
provided that Developer does not distribute that information to non-affiliated third parties
without your permission or as otherwise stated in the site’s privacy policy.
Developer will use the Tester’s Personal Information only for identified purposes, and protect the
Tester’s Personal Information in a manner that is consistent with Developer’s Privacy Policy.
6. Non-Disclosure
Tester acknowledges and agrees that in providing the Beta Products, Developer may disclose to Tester
certain confidential, proprietary trade secret information of Developer otherwise known as Intellectual
Property Rights. Intellectual Property Rights may include, but is not limited to, the Beta Products,
computer programs, flowcharts, diagrams, manuals, schematics, development tools, specifications,
design documents, marketing information, financial information or business plans. Tester agrees that it
will not, without the express prior written consent of Developer, disclose any Intellectual Property
Rights or any part thereof to any third party, except to the extent that such Intellectual Property Rights:
i) is or becomes generally available to the public through no fault of Tester;
ii) is rightfully received by Tester from a third party without limitation as to its use;
Tester also agrees that it shall not duplicate, translate, modify, copy, printout, disassemble, decompile
or otherwise tamper with the Beta Product or any firmware, code, or Website provided therewith.
Developer shall own and retain all right, title, and interest in and to the Intellectual Property Rights in
the Beta Products and any derivative works thereof, subject only to the limited license expressly set
forth in Section 2 hereof. You do not acquire any other rights, express or implied, in the Beta Products.
Should you decide to transmit to Developer by any means or by any media any materials or other
information (including, without limitation, ideas, concepts or techniques for new or improved services
and products, genealogical information and documents), whether as information, feedback, data,
questions, comments, suggestions or the like, you agree such submissions are unrestricted and will be
deemed non-confidential and you automatically grant Developer and its assigns a non-exclusive, royaltyfree, worldwide, perpetual, irrevocable license, with the right to sublicense, to use, copy, transmit,
distribute, create derivative works of, display and perform the same.
The Tester will not disclose Website or any comments regarding Website to any third party without the
prior written approval of Developer. The Tester will maintain the confidentiality of Website with at least
the same degree of care that you use to protect your own confidential and proprietary information, but
not less than a reasonable degree of care under the circumstances. The Tester will not be liable for the
disclosure of any confidential information which is:
a. in the public domain other than by a breach of this Agreement on Tester’s part; or
b. rightfully received from a third party without any obligation of confidentiality; or
c. rightfully known to Tester without any limitation on use or disclosure prior to its receipt from
Developer; or
d. generally made available to third parties by Developer without restriction on disclosure.
Either party may terminate Tester’s participation in an individual Beta Test, or this Agreement entirely,
at any time for any reason upon notice to the other Party. 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 “Beta Products”. However, the Tester will still be bound by the Non-Disclosure and Confidentiality
clauses of this document upon termination of the contract.
Furthermore, the rights conferred to the Tester under this agreement terminate without notice from
Developer if the Tester fails to comply with any term(s) of this agreement.
This agreement is governed by and interpreted in accordance with the laws State of Indiana.
10.Contact Information
If you have any questions about this Beta Test Agreement, or if you want to contact Developer for any
reason, please direct all correspondence to: