Important: Please read this Beta Test Program Participation Agreement (“Participation Agreement”) carefully as it sets out the terms and conditions you must agree to in order to participate in the Beta Test Program.

TERMS AND CONDITIONS

1. PARTICIPANT FEEDBACK

You agree to provide reasonable feedback to ELITS about your experiences using ELITS OpenStack Infrastructure as a service, and information about connectivity and usability of the Beta Test. All your feedback is only used in the purpose to improve the service itself and the user experience. Feedback is sent either via the feedback button within MyELITS or to: myelits@elits.com.

Beta Test Materials

ELITS shall provide you with all the information needed required for participation in the Beta Test Program, such as login, guides and test materials. Material will be availible at Public documentation site or provided via email.

Ownership of Beta Test Materials

You understand that ELITS or its affiliates shall own all of the Beta Test Materials, including without limitation all intellectual property rights therein. You shall keep the Beta Test Materials free of all security interests, liens, or other encumbrances. You may not sell, lease, license, loan or otherwise transfer or dispose of any of the Beta Test Materials. You shall keep the Beta Test Materials in your possession, custody and control.

2. CONFIDENTIAL NATURE OF BETA TEST MATERIALS

You acknowledge and agree that:

1. The Beta Test Materials are the confidential information of ELITS.
2. The Beta Test Materials are pre-release materials and not intended for public release.
3. Disclosure of any part of the Beta Test Materials to any third party, including but not limited to any trade or consumer press, news agency or any competitor of ELITS, will cause significant and irreparable harm to ELITS, the extent of which may be difficult to ascertain. Accordingly, you agree ELITS shall be entitled to injunctive relief as well as all other legal remedies that may be available in the event you breach this agreement.

3. PARTICIPANT’S WARRANTS AND REPRESENTATIONS

You warrant and represent that you:

1. You are an individual or representing a business with knowledge and interrest within automated IT-services or an ELITS company employee.
2. Will use you ´r companys computer or your own computer with good security settings and do not share logins with anyone else.
3. Agree that ELITS may remove any content created by you by the end of the beta or if there is misbehaviour.
4. Will not disclose any part of the Beta Test Materials to any third party, including but not limited to any trade or consumer press, news agency or any competitor of ELITS.
5. Will only use the Beta Test Materials in your home or office and you will not give any public exhibitions or displays using the Beta Test Materials.
6. Agree that if you allow anyone else to use the Beta Test Materials in your home or office you accept responsibility for their acts, including any violations of this agreement which could result in the termination of your account;
7. Will immediately notify ELITS if you find or become aware that the Beta Test Materials are in the possession of a third party, and you will use your best efforts to help recover the Beta Test Materials and to prevent any further loss.
8. Will use the content and tools made available to you through the Private Beta Test Program only for the purposes intended as any misuse of such content or tools may result in immediate termination of your account and participation in the Private Beta Test Program;
9. Will not misappropriate any of the intellectual property of ELITS or any other party as such misappropriation may result in legal prosecution.

4. NO WARRANTY

THE SERVICE ARE PROVIDED “AS IS” AND, TO THE MAXIMUM EXTENT PROVIDED UNDER LAW, ELITS DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. WITHOUT LIMITING THE FOREGOING, ELITS DOES NOT GUARANTEE THAT YOU WILL BE ABLE TO REACH THE SERVICE PROVIDED UNDER THE PRIVATE BETA TEST PROGRAM AT ANY TIME YOU WANT. FROM TIME TO TIME, THERE MAY BE PROBLEMS RELATED TO ACCESS, DELAY OR FAILURE TO PERFORM THAT ARE BEYOND THE REASONABLE CONTROL OF ELITS. YOU AGREE THAT ELITS HAS NO LIABILITY FOR SUCH DISCONTINUANCE AND THAT THE SUPPORT OF THIS SERVICE DURING THE BETA TEST PROGRAM IS AT BEST EFFORT.

5. LIMITATION OF LIABILITY AND REMEDIES

You agree that not to claim ELITS for any damages that you might incur for any reason whatsoever (including, without limitation, all direct or general damages), the intention of this Beta is not to run business critical livedata and/or applications. Data loss and corruption may occur. ELITS and any of its affiliates shall be held without responsibility for above mentioned scenarios.

Term/Termination

This Participation Agreement will be effective from the time you log in to the service until its terminated. You may terminate this Participation Agreement at any time by returning the materials sent to you and providing ELITS a written notification of your termination by sending an email to myelits@elits.com. Your account and participation privileges may be terminated immediately if you fail to comply with any of the terms and conditions of this Participation Agreement or if you fail to provide reasonable feedback in a timely manner. ELITS also reserves the right to terminate your account or the Beta Test Program at any time if there is suspicion of illegal activities.

6. COPY OF PARTICIPATION AGREEMENT

Should you have any questions concerning this Participation Agreement please contact Linus Berglund, +46 733-590 205, linus.berglund@elits.com.

Acceptance

If you do not agree to be bound by the terms and conditions of this Agreement, do not continue any further and notify ELITS that you wish to leave the Beta test program.