Oxygen Content Fusion Beta Terms of Use

These Terms of Service (this "Agreement") contains the terms and conditions that govern your access to and use of the Oxygen Content Fusion ("Service" as defined below) and is an agreement between Syncro Soft ("We" as defined below) and you or the legal entity you represent ("You" as defined below). If you are entering into this Agreement for an entity, such as the company you work for, you represent that you have legal authority to bind that entity. This Agreement is binding on any use of the Service and apply to You from the time that We provide You with access to the Service. The Service will evolve over time based on user feedback and we reserve the right to change these terms at any time, effective upon the posting of modified terms and we will make every effort to communicate these changes to You via email or notification via the Service's website. It is Your obligation to ensure that You have read, understood and agree to the most recent terms on the website. IF YOU DO NOT AGREE TO THE TERMS AND CONDITIONS OF THIS AGREEMENT, YOU CANNOT USE OUR SERVICE. 1) Definitions "We", "Us" or "Our" means Syncro Soft SRL, having its principal place of business at Fermei 42, Craiova, 200782,Romania, VAT.No: RO10639959, entered into Commercial Register of Romania, J16/564/1998. "You" or "Your" means the person accepting this Agreement, or, if applicable, the company or other legal entity for which you are accepting this Agreement. "Service" means access to the Oxygen Content Fusion platform hosted by Us and provided to You by Us via the Internet. "Beta Period" means the period of time determined by Us in its sole discretion during which You are authorized by Us to use the Service. "Test Data" means all electronic data or information submitted by You via the Service. "Feedback" means all feedback, suggestions, problems and ideas that You provide to Us concerning improvements or enhancements to the Service. 2) License Grant We hereby grant to You a limited, non-exclusive, non-transferable, non-sublicensable and revocable license to access and use the Service solely for internal testing and evaluation purposes during the Beta Period. We will endeavor to provide notice to You regarding termination of the Beta Period prior to such termination, but such notice is not guaranteed. Upon termination of the Beta Period, Your use of the Service will automatically terminate, and You will no longer have access to the Service or any of Test Data. WE DO NOT GUARANTEE THAT ANY OF TEST DATA WILL BE STORED OR AVAILABLE UPON EXPIRATION OF THE BETA PERIOD. You are responsible for taking measures to prevent loss or damage of its data upon expiration of the Beta Period. 3) Feedback You shall notify Us of any Feedback which come to Your attention during the Beta Period; You hereby acknowledge and agree that We have a perpetual and irrevocable right to use and exploit all Feedback and may use the Feedback without accounting or compensation to You. You hereby assign to Us Your entire right, title and interest in any modifications or improvements to the Service that You may propose during Beta Period, either alone or jointly with Us. 4) Term and Termination The term of this Agreement shall commence as of the date You accept the Agreement and shall continue for the Beta Period unless terminated upon the occurrence of (a) the release of a generally available version of the Service or (b) notice of termination by either party as provided herein. We may terminate this Agreement at any time immediately upon notice to You. You may terminate this Agreement and cease all use of the Service at any time. Upon termination of the Beta Period, You will not have any further right to use the Service, and if We release a generally available version of the Service, Your use of the generally available version will be subject to separate terms and conditions. 5) Ownership You hereby acknowledge and agree that the Services are provided to You for testing and evaluation purposes only and that We retain ownership of all right, title and interest to the Services, including all intellectual property rights therein and thereto (including without limitation, all patent rights, design rights, copyrights and trade secret rights). 6) Disclaimer THE SERVICE IS NOT READY FOR GENERAL COMMERCIAL RELEASE AND MAY CONTAIN BUGS, ERRORS, DEFECTS. YOU EXPRESSLY UNDERSTAND AND AGREE THAT YOUR USE OF THE SERVICE IS AT YOUR SOLE RISK AND THE SERVICE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. WE EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. IN PARTICULAR, WE MAKE NO WARRANTY THAT (I) THE SERVICE WILL MEET YOUR REQUIREMENTS; (II) YOUR USE OF THE SERVICE WILL BE TIMELY, UNINTERRUPTED, SECURE OR ERROR-FREE; (III) ANY DEFECTS OR ERRORS IN THE SERVICE WILL BE CORRECTED; AND (IV) THE SERVICE WILL EVER BE FORMALLY RELEASED OR GENERALLY AVAILABLE. 7) Limitation of liability WE WILL HAVE NO LIABILITY FOR ANY HARM OR DAMAGE ARISING OUT OF OR IN CONNECTION WITH THE SERVICE. THE ENTIRE RISK ARISING OUT OF THE USE OR PERFORMANCE OF SERVICE REMAINS WITH YOU. IN NO EVENT SHALL WE BE LIABLE FOR ANY, INCIDENTAL OR CONSEQUENTIAL DAMAGES, LOST PROFITS OR LOST DATA, OR ANY OTHER INDIRECT DAMAGES ARISING OUT OF THE USE OF OR INABILITY TO USE THE SERVICE, EVEN IF WE HAVE BEEN INFORMED OF THE POSSIBILITY THEREOF. IN ANY CASE, THE AGGREGATE LIABILITY OF US ARISING FROM OR RELATED TO THIS AGREEMENT WILL NOT EXCEED ONE HUNDRED DOLLARS ($100.00). 8) General The parties are independent contractors with respect to each other, and nothing in this Agreement shall be construed as creating an employer-employee relationship, a partnership, agency relationship or a joint venture between You and Us. There are no third-party beneficiaries to this Agreement. This Agreement shall be governed by the laws of Romania, without regard to the choice or conflicts of law provisions of any jurisdiction, and any disputes, actions, claims or causes of action arising out of or in connection with this Agreement or the Service shall be subject to the exclusive jurisdiction of the courts of Romania. In the event that any provision of this Agreement conflicts with governing law or if any provision is held to be null, void or otherwise ineffective or invalid by a court of competent jurisdiction, (a) such provision shall be deemed to be restated to reflect as nearly as possible the original intentions of the parties in accordance with applicable law, and (b) the remaining terms, provisions, covenants and restrictions of this Agreement shall remain in full force and effect. No waiver of any breach of any provision of this Agreement shall constitute a waiver of any prior, concurrent or subsequent breach of the same or any other provisions hereof, and no waiver shall be effective unless made in writing and signed by an authorized representative of the waiving party. If you have questions regarding this Agreement or wish to obtain additional information, please send an e-mail to sales@oxygenxml.com.