PLEASE SCROLL DOWN AND READ ALL OF THE FOLLOWING TERMS AND CONDITIONS OF THE COROS PRODUCT TESTING PROGRAM AGREEMENT CAREFULLY.
IF YOU AGREE TO BE BOUND BY ALL OF THE TERMS AND CONDITIONS OF THIS AGREEMENT, SUBMIT YOUR APPLICATION TO THE PROGRAM THROUGH THE FORM PROVIDED ON COROS.COM/TESTING
IF YOU DO NOT AGREE TO BE BOUND BY ALL OF THE TERMS AND CONDITIONS OF THIS AGREEMENT, PLEASE DO NOT APPLY TO THE COROS PRODUCT TESTING PROGRAM
Participation in the COROS Product Testing Program. The purpose of the COROS Product Testing Program is to make alpha, beta and pre-release products available to COROS Product Testing participants for the purpose of providing COROS with feedback on the quality and usability of upcoming products.
You understand and agree that participation in the Product Testing Program is voluntary and does not create a legal partnership, agency, or employment relationship between you and COROS.
You understand that your participation in the Product Testing Program does not oblige COROS to provide you with any Pre-Release Products.
COROS reserves the right to modify the terms, conditions, and policies of this Product Testing Program from time to time, and to revoke your participation in this Product Testing Program at any time. If COROS makes changes to the terms and conditions of this Agreement, then COROS will present such revised terms and conditions to you via email or other channels of communication which are created for the Product Testing Program in the future.
By participating in the Product Testing Program, You certify that you are of the legal age of majority in the jurisdiction in which you reside (at least 18 years of age in many countries) and you represent that you are legally permitted to join the Product Testing Program. This Agreement is void where prohibited by law and the right to become a Product Testing Program participant is not granted in such jurisdictions. Unless otherwise agreed or permitted by COROS in writing, you cannot share or transfer any software, hardware, or other materials you receive from COROS in connection with being a Product Testing Program participant. The information and communication you receive from COROS during the Product Testing Program participant cannot be shared in any way or with anyone. You are responsible for maintaining the confidentiality of this information and for any activity in connection with your account/profile.
Access to Pre-Release Products (Software, Firmware, Hardware; ("Products"), and Additional Terms.
You understand that COROS may make Pre-Release products available to Product Testing Program participants. All use of such Pre-Release Products shall be pursuant to the terms and conditions of this Agreement and/or another license agreement accompanying such Products or (collectively, “Products” COROS Product Testing Program for purposes of this Agreement).
1. License Grant and Restrictions.
Subject to your compliance with this Agreement, COROS hereby grants you a personal, limited license to use the COROS Products on COROS-branded products solely for testing and evaluation purposes and only in connection with this Product Testing Program. Except as otherwise permitted, this license does not grant you the right to use the COROS Products for any other purpose, or to disclose, reproduce, distribute, modify or create derivative works of the COROS Products. You agree not to decompile, reverse engineer, disassemble, decrypt, or otherwise attempt to derive the source code of any COROS Products (except as and only to the extent the foregoing restrictions are prohibited by applicable law, or to the extent as may be permitted by licensing terms governing the use of open-sourced components included with any such COROS Products). Unless otherwise permitted, you certify that the COROS Products will only be used for testing and evaluation purposes in connection with the Product Testing Program, and will not be rented, sold, leased, sublicensed, assigned, distributed, or otherwise transferred. COROS retains ownership of all COROS Products, and except as expressly set forth herein, no other rights or licenses are granted or to be implied under any COROS intellectual property.
2. Feedback and Contacting COROS.
As part of the Product Testing Program, COROS will provide you with the opportunity to submit bug reports, questionnaires, enhancement requests, issue reports and/or support information (collectively, “ Feedback to COROS. COROS may request this information from you through email, web questionnaires, bug forms, and other mechanisms. By agreeing to this Agreement, you agree that COROS may contact you from time to time about the Product Testing Program, and you hereby consent to receive such communications. Except as otherwise set forth in this document, you agree that in the absence of a separate written agreement to the contrary, COROS will be free to use any Feedback you provide for any purpose.
3. Definition of Confidential Information.
You agree that the Pre-Release Products and any information concerning the Pre-Release Products (including its nature and existence, features, functionality, and screenshots) and any other information disclosed by COROS to you in connection with the Product Testing Program. All Confidential Information remains the sole property of COROS and you have no implied licenses or other rights in the Confidential Information not specified in this Agreement.
4. Nonuse and Nondisclosure of Confidential Information.
You agree that you will not disclose, publish, or otherwise disseminate any Confidential Information to anyone other than individuals who are enrolled in the same program, or as otherwise expressly permitted or agreed to in writing by COROS. You further agree to take reasonable precautions to prevent any unauthorized use, disclosure, publication, or dissemination of Confidential Information, including preventing access to or display of the COROS Products to third parties. You agree to use the Confidential Information solely for the permitted uses as set forth in this Agreement. You agree not to use Confidential Information otherwise for your ow or any third party's benefit without the prior written approval of an authorized representative of COROS in each instance. You here reparable harm and significant injury to COROS that may be difficult to ascertain. Accordingly, you agree that COROS will have the right to seek immediate injunctive relief to enforce obligations under this Agreement in addition to any other rights and remedies it may have.
5. Precautions for the use of Pre-Release Products.
You understand that to participate with Pre-Release Products you may need to remove certain pre-loaded, commercial COROS Products from your device in order to load the Pre-Release Products. You further understand that once you load such Pre-Release Products onto your device, you may be unable to revert back to the pre-loaded, commercial release of the COROS Products you were using prior to loading the Pre-Release Products or any earlier release of the Pre-Release Products. In addition, applications and services you have installed or been using may be unable to run or function in the same manner because of your use of the Pre-Release Products. YOU ACKNOWLEDGE THAT BY INSTALLING SUCH PRE-RELEASE SOFTWARE/FIRMWARE ON YOUR COROS-BRANDED PRODUCTS, THESE DEVICES MAY NOT BE CAPABLE OF BEING RESTORED TO THEIR ORIGINAL CONDITION AND THAT APPLICATIONS AND SERVICES MAY BE AFFECTED BY YOUR USE OF PRE-RELEASE SOFTWARE. FURTHER, YOU UNDERSTAND THAT DATA (INCLUDING DOCUMENTS) FROM SUCH APPLICATIONS OR SERVICES THAT YOU CREATE OR CHANGE WHILE USING THE Pre-Release Products MAY BE INCAPABLE OF BEING RESTORED OR RECOVERED. COROS SHALL NOT BE RESPONSIBLE FOR ANY COSTS, EXPENSES, OR OTHER. LIABILITIES YOU MAY INCUR AS A RESULT OF YOUR TESTING, INSTALLATION, OR USE OF Pre-Release Products, INCLUDING BUT NOT LIMITED TO ANY DAMAGE TO ANY EQUIPMENT, SOFTWARE, OR DATA OR ANY LOSS OF DATA OR INFORMATION ARISING FROM YOUR USE OF SUCH Pre-Release Products. In addition, the Pre-Release Products may contain errors or inaccuracies that could cause failures, corruption or loss of data and/or information from your device or from your peripherals (including, without limitation, servers and printers) connected thereto.
6. Consent to Collection and Use of Data.
6.1 Pre-Release Products for COROS's Operating Systems.
In order to provide, test and help COROS, unless you opt-out of the pre-release versions of COROS's operating system, as applicable, you acknowledge that COROS will collect and analyze your data. This information will be collected in a form that does not personally identify you. By installing or using pre-release versions of COROS's operating system software on your devices or computers, you acknowledge and agree that COROS and its subsidiaries and agents have your permission to collect all such information and use it as set forth above.
6.2 Other Pre-Release Products and Services.
You should carefully review the release notes and other information disclosed to you by COROS as part of the Product Testing Program prior to choosing whether or not to install or use any such other Pre-Release Products or Services. By installing or using such other Pre-Release Products or Services, you acknowledge and agree that COROS has your permission to collect any and all such information and use it as set forth above.
6.3 System Logs and Diagnostic Files.
In addition, as part of your participation in the Product Testing Program, you may have the option of manually attaching and/or using COROS to gather detailed hardware and/or system diagnostic files. Such System Logs may include personally identifiable information, including, without limitation, your account name, information regarding your contacts, calendar events, and email correspondence. Providing these System Logs is voluntary, but if you do provide them to COROS, then you acknowledge that COROS may use them for COROS's diagnostic purposes and to improve the Product Testing Program and COROS's products and services.
7. No Support and Maintenance; Future Products.
During your participation in the Product Testing Program or in a particular project, COROS is not obligated to provide you with any maintenance, technical or other support for the Pre-Release Products. If, at COROS's option, such support is provided, it will be provided in addition to your normal warranty coverage for your device. You agree to abide by any support rules and policies that COROS provides to you in order to receive such support. You acknowledge that COROS has no express or implied obligation to announce or make available a commercial version of the Pre-Release Products to anyone in the future. Should a commercial version be made available, it may have features or functionality that are different from those found in the Pre-Release Products licensed hereunder.
8. No Warranty
The COROS Products provided hereunder may be designated as alpha, beta, development, pre-release, untested, or not fully tested versions. The COROS Products may be incomplete and may contain errors or inaccuracies that could cause failures, corruption and/or loss of data or information. You expressly acknowledge and agree that, to the extent permitted by applicable law, all use of the COROS Products is at your sole risk and that the entire risk as to the satisfactory quality, performance, accuracy and effort is with you. You acknowledge that COROS has not publicly announced the availability of the Pre-Release Products, that COROS has not promised or guaranteed to you that such Pre-Release Products will be announced or made available to anyone in the future, and that COROS has no express or implied obligation to you to announce or introduce the Pre-Release Products or any similar or compatible product, or to continue to offer access to the Pre-Release Products in the future.
9. Disclaimer of Liability
TO THE EXTENT NOT PROHIBITED BY APPLICABLE LAW, YOU ASSUME ALL RISKS AND ALL COSTS ASSOCIATED WITH TESTING, INSTALLATION, OR USE OF THE PRE-RELEASE PRODUCTS AND PROVIDED UNDER THIS AGREEMENT, INCLUDING, WITHOUT LIMITATION, ANY BACK-UP EXPENSES, COSTS INCURRED FOR THE USE OF THE PRE-RELEASE PRODUCTS ON YOUR DEVICES AND ANY DAMAGE TO ANY EQUIPMENT, SOFTWARE, INFORMATION OR DATA, AND IN NO EVENT WILL BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES, WHETHER ARISING IN TORT (INCLUDING NEGLIGENCE), CONTRACT OR OTHERWISE, ARISING OUT OF OR RELATED TO THIS AGREEMENT, INCLUDING ANY LIABILITY THAT STEMS FROM ANY USE OF THE PRE-RELEASE PRODUCTS ON YOUR DEVICES, AND/OR FROM ANY OTHER CONFIDENTIAL INFORMATION,AND/OR COROS PERFORMANCE OR FAILURE TO PERFORM UNDER THIS AGREEMENT, EVEN IF COROS HAS BEEN ADVISED OR IS AWARE OF THE POSSIBILITY OF SUCH DAMAGES.
10. Terms and Termination
This Agreement will continue in effect until terminated in accordance with this Section 11. You may terminate this Agreement or an individual project at any time, for any reason, but only by returning or destroying any Confidential Information that is in your possession or control ( including, without limitation, any Pre-Release Products); provided however that if you are unable to purge certain Pre-Release Products from your devices, then you agree that you will continue to hold the Pre-Release Products as Confidential Information. COROS may terminate this Agreement or an individual project at any time, with or without cause, immediately upon written notice to you, and may terminate this Agreement immediately for any breach of the confidentiality provisions set forth herein. Within seven (7) days of your receipt of COROS's termination notice, or earlier if requested by COROS, you will return, cease all use of, and/or destroy the Pre-Release Products and all other Confidential Information as provided in this Section.
11. No Export
You agree that you will not export or re-export any of the Pre-Release Products or Confidential Information received from COROS except as authorized by COROS. You certify that COROS Products will only be used for evaluation and testing purposes, and will not be rented, sold, leased, sublicensed, assigned, or otherwise transferred. Further, you certify that you will not transfer or export any product, process or service that is a direct product of COROS Products.
12. Third-Party Software & Information
Portions of the COROS Products may include third-party software and other copyrighted material. Acknowledgments, licensing terms, and disclaimers for such material are contained in the COROS Products, and your use of such material is governed by such respective terms. Mention of third parties and third-party products in any materials, advertising, promotions or coupons provided to Product Testing Program participants is for warranties, if any, to take place directly between the vendors and the prospective users.
13. No Waiver or Assignment.
No delay or failure to take action under this Agreement will constitute a waiver unless expressly waived in writing, signed by a duly authorized representative of COROS, and no single waiver will constitute a continuing or subsequent waiver. This Agreement may not be assigned by you in whole or in part. Any contrary assignment shall be null and void.
This Agreement shall not be governed by the United Nations Convention on Contracts for the International Sale of Goods, the application of which is expressly excluded.
14. Severability; Complete understanding.
If any provision of this Agreement is found to be unenforceable or invalid, that provision shall be limited or eliminated to the minimum extent necessary so that this Agreement shall otherwise remain in full force and effect and enforceable. This Agreement, including any appendices, made effective pursuant to this Agreement and any additional licenses accompanying the COROS Products, constitutes the entire agreement with respect to the Confidential Information disclosed herein and supersedes all prior or contemporaneous oral or written agreements concerning such Confidential Information. Except to the extent provided above, any inconsistencies between this Agreement and any license agreement accompanying the COROS Products will be governed by the license agreement accompanying the COROS Products. Except as expressly set forth herein, any waiver or amendment of any provision of this Agreement shall be effective only if in writing and signed by authorized representatives of both parties. Any translation of this Agreement is done for local requirements and in the event of a dispute between the English and any non-English versions, the English version of this Agreement shall govern, to the extent not prohibited by local law in your jurisdiction.