Continuum.Social may offer you early access to certain pre-release mobile application software ("Beta Software") in order to allow you to test and provide feedback on Beta Software as part of Continuum.Social’s beta testing program (“Beta Program”). This Section only applies to closed Beta Programs, where Continuum.Social offers private access to selected testers. This Section does not apply to open betas that Continuum.Social makes publicly available on an app store.
You acknowledge that any product features or content, game documentation, promotional materials and/or any other information that Continuum.Social may provide to you in connection with the Beta Program ("Test Materials"), the Beta Software, as well as everything related to the Beta Program is the exclusive property of Continuum.Social, is confidential, and should be treated as confidential until such time as Continuum.Social releases it.
If Continuum.Social offers you access to the Beta Software, then, subject to your compliance with these Terms, Continuum.Social grants you a personal, non-exclusive, non-transferable, revocable, limited license to use the Beta Software solely for the purposes of testing and providing feedback on the Beta Software as part of the Beta Program.
Without limiting the foregoing and except as prohibited under applicable law, the following are prohibited and you may not:
- copy, modify, or create derivative works based on the Beta Software;
- give or sell the Beta Software to anyone;
- reverse engineer, decompile, disassemble, decrypt or otherwise attempt to derive the source code of the Beta Software;
- install the Beta Software on systems you don’t directly control or that you share with others;
You shall be careful when using the Beta Software in public. You shall not allow anyone to see, hear, film, or photograph the Beta Software. Please notify Continuum.Social promptly of any unauthorized access or of any suspected breach of your account’s security.
You understand and agree that participation in the Beta Program is voluntary and does not create a legal partnership, agency, or employment relationship between you and Continuum.Social.
Unless prohibited by applicable law, all Test Materials are provided to you "as is" without any explicit or implicit warranty of any kind. You understand that the Beta Software is in development and may contain errors, bugs, and other problems that could cause loss of data and/or system failure. You should install the Beta Software on non-production devices that are not business critical and have been backed up. To the extent permitted under applicable law, Continuum.Social is not liable in any way for any damages you might incur as a result of your participation in the Beta Program.
You agree that any breach of your confidentiality obligation will result in irreparable harm to Continuum.Social, the extent of which would be difficult to ascertain, and that monetary damages will not be an adequate remedy. Accordingly, you agree that in the event you breach your confidentiality obligation, Continuum.Social will be entitled to injunctive or other equitable relief as the court deems appropriate, in addition to any other remedies which it may have available.