SurfJar Terms of Service

 

1. Alpha/Beta Program Rules

By participating in the SurfJar Alpha/Beta Test Program, I understand and agree to the following:

 

I understand that this is an Alpha/Beta program.

 

I understand that an Alpha/Beta version of an application file is a program that is still in development and is published solely for testing purposes.

 

I understand that the alpha/beta program is licensed "as is". SurfJar makes no warranties, and hereby expressly disclaims all warranties, express, implied, statutory, or otherwise with respect to the software, including non-infringement and the implied warranties of merchantability and fitness for a particular purpose.

 

I agree that SurfJar shall not be liable for any damages to me or any other party in connection with this Alpha/Beta program, whether arising out of contract or from tort, including loss of data, profits or business or other special, incidental, exemplary or consequential damages, even if SurfJar has been advised of the possibility of such loss or damages. SurfJar cumulative liability in connection with this beta program shall not exceed the license fee paid, if any, for use of this software and documentation. This section shall survive termination of this License.

 

I understand and agree that as an Alpha/Beta tester for SurfJar, my e-mail will be automatically registered on the Alpha/Beta tester mailing list.

 

I understand and agree that there are specific rules and limitations that will apply to the earning and redemption of SurfJar Points during the Alpha/Beta Program. During the Alpha/Beta Program SurfJar Points will only be redeemed for CommunityJars that have been approved and established by SurfJar. During the Alpha/Beta Program, each of these CommunityJars will have a maximum point limit. Any SurfJar Points earned beyond that limit will not be distributed in any way. Points that have been earned in PersonalJars may be redistributed equally to the Alpha/Beta CommunityJars at the discretion of SurfJar.

 

2. Software License Agreement

Please read the terms and conditions of this license agreement (the "License") before installing the computer software (the "Software"). By installing and using the Software you accept and agree to the terms of this License. This License constitutes the entire agreement concerning the Software between you and SurfJar, Inc. ("SurfJar") and supersedes any prior proposal or representation. If you do not agree with these terms and conditions, promptly de-install the Software and, if you paid for a License, contact SurfJar for a refund of the amount that you paid.

 

The term "Software" includes, and these terms and conditions also apply to, any updates, modifications and upgrades to the Software that you may receive from time to time.

 

a. License Grant

This License permits you to use the Software solely for testing purposes. The enclosed documentation ("Documentation") may not be copied. You agree that you will not sub-license, assign, transfer, distribute, pledge, lease, rent or share your rights under this License except with prior written permission from SurfJar. You agree that you will not modify, adapt or translate, or disassemble, decompile, reverse engineer or otherwise attempt to discover the source code of the Software.

 

b. Standard Maintenance and Support

No support is provided for applications released under the SurfJar Alpha/Beta application testing program.

 

c. SurfJar's Rights

You acknowledge and agree that SurfJar owns and retains all copyrights, trademarks, trade secrets and other proprietary rights in and to the Software and Documentation (the "Licensed Products"). This License conveys to you only a non-exclusive and limited right of use, revocable in accordance with the terms and conditions of this License.

 

d. Confidentiality

You acknowledge the confidentiality of the Licensed Products, and agree not to disclose the Licensed Products or information pertaining to the Licensed products to any third party, and to take all reasonable steps to safeguard the Licensed Products.

 

e. Exceptions to Warranties; Disclaimers

SURFJAR DISCLAIMS ANY AND ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING ANY IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR PARTICULAR PURPOSE for all software released under the SurfJar Alpha/Beta application testing program. SurfJar does not warrant that the Software, its use, operation or your ability to use the Software will be uninterrupted or error-free or that all Software errors will be corrected. The warranty set forth above shall not apply to any defect or problems caused by any defect in any hardware or software used in combination with the Software, or use of the Software in execution environments not specified in the Documentation. SurfJar does not warrant that the Software or service will meet your requirements or that the operation of the Software will be uninterrupted or error free.

 

f. Limitations of Liability

In no event shall SurfJar be liable for any damages to you or any other party whether arising out of contract or from tort including loss of data, profits or business or other special, incidental, exemplary or consequential damages, even if SurfJar has been advised of the possibility of such loss or damages. SurfJar's cumulative liability shall not exceed the license fee paid, if any, for use of this Software and Documentation. This section shall survive termination of this License.

 

g. Trademark

SurfJar is a trademark of SurfJar, Inc. in the United States and other countries. All other trademarks and registered trademarks are the properties of their respective owners.

 

h. Termination

This agreement is in effect until terminated. SurfJar may terminate this agreement at any time. You may terminate the agreement at any time by destroying all copies of the Software and Documentation and erasing any copies on storage media. The agreement also terminates if you fail to comply with any terms and conditions of this agreement. Upon termination, you agree to destroy and erase all copies of the Software and Documentation, and SurfJar will be entitled to all remedies in accordance with applicable law.

 

i. General

This agreement shall be governed by the laws of Oregon.

 

j. Contact

Use of the Software other than for testing purposes requires that you enter into a separate agreement with SurfJar. Please use the feedback form to contact SurfJar for additional information.