Beta Tester Agreement

User Agreement for the Use of Beta Version Software Application

PLEASE READ THIS AGREEMENT BEFORE INSTALLING AND RUNNING THIS BETA VERSION SOFTWARE APPLICATION ON YOUR MOBILE DEVICE. INSTALLATION AND OPERATION OF THIS SOFTWARE APPLICATION INDICATES YOUR ACCEPTANCE OF THIS AGREEMENT. ACCEPTANCE OF THIS AGREEMENT MEANS THAT YOU ARE BOUND BY THE TERMS OF THIS LICENSE AGREEMENT AND OUR TERMS OF SERVICE.

This Agreement is between you, the User (“User”) and Delury Enterprise, LLC (“Developer”). Developer agrees to provide User with a Beta version of the software package “LevelUp Meds” User agrees to abide by the terms of this Agreement.

Definitions

“Software Application” means the Beta version of the software application “LevelUp Meds.”

“Acceptance” means that the User has accepted the terms of this Agreement and has manifested said acceptance by installing or running the Software Application.

“Date of this Agreement” means the date on which the User has manifested Acceptance of this Agreement.

(1) Intellectual Property and Copyright

User recognizes that the entire Software Application is Developer’s copyrighted and trademarked intellectual property. The Software Application is copyrighted material owned by Developer and is protected by United States copyright law. User may not make copies of the Software Application or physically transfer the Software Application over a network or distribute the Software Application to others.

(2) License

Developer grants to User a non-exclusive license to use the Software Application as provided in this Agreement. The Software Application is licensed by Developer to User according to the terms of this Agreement.

(a) Use of Software Application. 

User may install and use the Software Application on User’s mobile device(s). User is granted the right to make copies of the Software Application for backup or archival purposes.

(b) Restrictions. No Transfer to Third Parties.

User may not assign, transfer, lease, rent or sublicense the Software Application. User may not modify, reverse engineer, decompile, disassemble or create derivative works from the Software Application.

(c) Term of License.

This License Agreement is effective until terminated by either party. Developer may terminate this License Agreement at any time and for any reason. User may terminate this License Agreement by permanently deleting the Software Application, and any backup or archival copies, from the mobile device(s) on which they are stored and agree to return any proprietary or confidential information that may be in the User’s possession.

(d) Severability.

If, for any reason, any provision of this Agreement is held invalid, such invalidity shall not affect the remainder of this Agreement, and this Agreement shall continue in force and effect to the full extent allowed by law.

(3) No Purchase Price

User recognizes that the Software Application is a Beta version software application. User shall pay no purchase price for the Software Application, but shall abide by the terms of this Agreement.

(4) Confidential Information

(a) Confidentiality.

User shall allow Developer to gather certain information about the User’s usage of the Software Application, including system test results, etc. according to the Privacy Policy, which is hereby incorporate by reference.

User recognizes that User’s operation of the Software Application shall allow User to come into possession of information that may comprise valuable trade secrets and other confidential information (“Confidential Information”) which is exclusively owned by Developer. User expressly recognizes that such Confidential Information is being conveyed to User under conditions of confidentiality, and agrees that User shall not disclose Confidential Information to any third party during the term of use by the User, and for a period of one (1) year following the Date of this Agreement.

User shall establish mobile device security policies and procedures designed to ensure the: security and integrity of Developer’s Software Application and Confidential Information; protection against anticipated threats or hazards to the security or integrity of Developer’s Software Application and Confidential Information; and protection against the unauthorized access or use of Developer’s Software Application and Confidential Information.

(b) Non-Competition.

User recognizes that Developer’s Confidential Information may provide specific information relating to User’s respective industry, and that Confidential Information would unfairly benefit User, if User was to engage in that business. User agrees that, during the term of a period of one (1) year following the Date of this Agreement, User shall not engage in any business which is closely related to Developer’s business, and User shall not enter employment for any third parties which are engaged in any business which is closely related to Developer’s business.

(5) Report to Developer

User recognizes that the Software Application is a Beta version and that User’s operation of the Software Application may result in bugs and errors. The knowledge of these bugs and errors may be helpful to Developer in its final development of the Alpha version of the Software Application. User agrees to voluntarily report to Developer any bugs or errors which User recognizes in the operation of the Software Application. This report to Developer is strictly voluntary. Failure to report bugs or errors to Developer in no way terminates or alters User’s duties under this Agreement. User may also be sent emails and surveys from time to time. User agrees to voluntarily complete such surveys in a timely fashion.

(6) Choice Of Law

This Agreement shall be construed and controlled by the laws of the State of Indiana. Any dispute concerning or breach of the terms of this Agreement will be governed by the laws of the State of Indiana.

(7) Choice of Forum

The Developer and User agree that any legal action relating to this Agreement will be commenced and maintained exclusively before an appropriate state court of record in Kosciusko County, Indiana, or in the United States District Court for the Northern District of Indiana. The parties will submit to the jurisdiction of those courts and waive any right to challenge personal jurisdiction or venue in any action commenced or maintained in those courts.

(8) Indemnification

Developer shall not undertake to resolve any disputes or litigation on User’s behalf involving use of the services described herein, and User agrees that it shall indemnify, hold Developer harmless and defend Developer against any disputes involving use of the Software Application.

(9) Disclaimers

The Software Application is provided by Developer “AS IS”, without warranty of any kind to user or any third party, including, but not limited to, any express or implied warranties of merchantability of the Software Application; fitness for licensee’s purpose or system integration; accuracy of informational content; non-infringement; quiet-enjoyment; and title. User agrees that any efforts by Developer to modify its goods or services shall not be deemed a waiver of these limitations, and that any Developer warranties shall not be deemed to have failed of their essential purpose. User further agrees that Developer shall not be liable to User or any third party for any loss of profits, loss of use, interruption of business, or any direct, indirect, incidental or consequential damages of any kind including but not limited to damages caused by bugs or errors, whether under this agreement or otherwise, even if Developer was advised of the possibility of the possibility of such damages or was grossly negligent. Some jurisdictions do not permit the exclusion or limitation of liability for consequential or incidental damages, and, as such, some portion of the above limitation may not apply to User. In such jurisdictions, Developer’s liability is limited to the greatest extent permitted by law.

(10) Incorporation of Terms of Use and Privacy Policy; Entire Agreement

By using the Software Application, User agrees to be bound by the Terms of Use and Privacy Policy controlling use of said Software Application, hereby incorporated by reference. To the extent that this Agreement conflicts with either the Terms of Use or the Privacy Policy, this Agreement shall supersede and shall also supersede any and all other agreements, either oral or in writing, between the parties with respect to the matters stated herein, and this Agreement contains all of the covenants and agreements between the parties with respect thereto. This Agreement may be amended or modified only in writing and shall be effective only after affixation of both parties’ signatures.

(11) Knowing Consent and Authority to Consent

The parties knowingly and expressly consent to the foregoing terms and conditions. Each party is authorized to enter into this Agreement on behalf of its respective party.

By installing and running the Beta Version of this software, the user hereby acknowledges and agrees to all of the Terms and Conditions contained within this agreement.