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Alpha TestNet Terms & Conditions (Terms of Service)
Welcome to the Holo Alpha TestNet Program (“Program”).
This Alpha TestNet Program Participation Agreement (“Agreement”) sets out the terms and obligations for you (“Participant”), to install, use and test our product(s) [where applicable] before the Beta release of the Holo network. Please read this entire Agreement and indicate whether you agree to its terms by clicking to access, register, configure or download any or all of the Alpha Materials.
By accepting this Agreement, you will be entering into a binding agreement with Holo Ltd. (“Holo”). This Agreement contains provisions which may affect your legal rights. If you do not agree to all applicable terms set forth in this Agreement, please do not click to access, register, configure or download any or all of the Alpha Materials. If you proceed to do any of the above, it is deemed that you have accepted all terms and conditions set forth in this Agreement.
FOR THE PURPOSE OF ALPHA TEST(S) WHICH ARE PART OF THIS PROGRAM CONDUCTED BY HOLO, PLEASE NOTE THAT ALL REFERENCES TO HOLOFUELTM SHALL RELATE TO ‘TEST FUEL’ AND SHALL NOT HAVE ANY RELATIONSHIP TO HOLOFUELTM AS SHALL BE USED IN THE BETA LAUNCH.
You agree that Holo will not pay you, the Participant, for the services you provide in relation to this Program. The consideration you will receive for this Program will be the early access to use our Alpha Materials and products/services.
As used in this Agreement, the following terms shall have the respective meanings indicated below:
“Affiliate” means a Company or any entity that directly or indirectly through one or more intermediaries, controls, is controlled by, or is under common control with, the Company.
“Feedback” means and includes information that the Participant will be required to provide to Holo Ltd. as part of the Program.
“Test Fuel” means test units of account that are used exclusively for this Program and is unrelated to HoloFuelTM. Test Fuel does not and cannot be converted to HoloFuelTM at any given point. In the event of any change to this arrangement, the Participant will be duly notified.
“Participant” means any individual who has signed up, or has been invited to participate in this Program.
IV. ALPHA MATERIALS AND PROGRAM
Holo may provide you with software, hardware, documentation and access to the Alpha Testing website (collectively, “Alpha Materials”) that is required for participation in the Alpha TestNet Program. The Program may include Alpha Materials published by Holo.
Holo may terminate this Program at any time without cause or advance notice to you. For the purposes of Alpha Test(s) of the Holo platform, please note that all references to HoloFuelTM shall reflect ‘Test Fuel’ and shall not have any relationship to HoloFuelTM as shall be used in the Beta launch.
V. PARTICIPANT FEEDBACK
Holo or its Affiliates may obtain information from you regarding the use of the Alpha Materials or your participation in the Program via an electronic form, including information such as your name, email address, geographical location, networking information, IP addresses, or other information about who you are and how you’re interacting with Holo and/or Holochain. You agree to provide information to Holo regarding your experience using the Alpha Materials including the efficiency and usability of Alpha Materials. Your desired responses may include responding to surveys and/or reporting bug problems. Information you provide to Holo in connection with the Program, including ideas or inventions collected by Holo is referred to as “Feedback.”
You agree that Feedback:
(i) contains your original ideas or invention(s) related to the Holochain framework or the Holo Platform and is provided by you to Holo without payment or conditions;
(ii) once conveyed to Holo, becomes the property and confidential information of Holo;
(iii) may be used or distributed by Holo for any purpose in connection with this Program or development of any other product or service(s), including but not limited to disclosure of such information to Holo’s affiliates, subsidiaries or third-party developers and publishers; and
VI. OWNERSHIP OF THE PROGRAM AND ALPHA MATERIALS
Holo, its affiliates or both own the Program, the Alpha Materials and the intellectual property rights associated with them. You may not copy, distribute, sell, license, loan or transfer the Alpha Materials. You shall keep the Alpha Materials in your possession, custody and control during the tenure of this Program and take reasonable efforts to prevent non Participants including unauthorized third parties from using or accessing those materials. You will be responsible for any loss or damage caused to the Alpha Materials or to Holo’s intellectual property rights in those materials, including loss or damage resulting from the disclosure of Alpha Materials or any Program information.
You acknowledge and agree that:
(i) Alpha Materials, the Program and any information regarding your use of Alpha Materials, whether shared with Holo or not, are Holo’s confidential information. You will use Alpha Materials solely for the purpose of testing the Alpha Materials in connection with the Program, and you will not transfer, distribute or disclose any of the Alpha Materials, Feedback, or any information in connection with the Program to any third party, including through a public exhibition or display of this information. You will not discuss your experience with Alpha Materials with third parties or publish or disseminate information about those experiences;
(ii) Alpha Materials are not thoroughly tested and are pre-release materials that are not intended for public release;
(iii) the features provided in Alpha Materials may not be available in later releases;
(iv) disclosure of any part of Alpha Materials, Program, Feedback or your experiences using Alpha Materials or the Program to any third party, including any trade or consumer press, news agency or any competitor of Holo, will cause significant and irreparable harm to Holo, the extent of which may be difficult to ascertain. Accordingly, you agree that Holo is entitled to injunctive relief as well as all other legal remedies that may be available in the event you breach this Agreement.
VIII. PARTICIPANT’S WARRANTS AND REPRESENTATIONS
You warrant and represent that you:
(i) will conduct yourself responsibly in regards to participation in the Program and treatment of the Alpha Materials and Feedback following a reasonable, common-sense code of conduct;
(ii) will not in any way cause harm or inconvenience to Holo, its affiliates, subsidiaries or publishers;
(iii) agree that if you allow anyone else to use the Alpha Materials, you accept responsibility for their acts, including any violation of this Agreement which could result in a breach in any part of the Terms set forth in this Agreement;
(iv) will immediately notify Holo if you suspect or become aware that the Alpha Materials provided to you as part of this Program are distributed or transferred to a third party, and you will use your best efforts to help recover those Alpha Materials and to prevent any further loss of disclosure;
(v) will not misappropriate any of the intellectual property of Holo or any other party;
(vi) will not reverse engineer, decompile or disassemble the Alpha Materials or engage in the unauthorized transfer, exhibition, export, import, or transmission of programs and will not use any devices to circumvent any authentication schemes unless such an action is intended for the purpose(s) of testing the product and is authorized by and communicated to Holo directly and within a reasonable time.
IX. NO GUARANTEE OF SERVER UPTIME/DISCLAIMER
Holo and each of its subsidiaries and affiliates do not guarantee the continuous operation of the servers used in connection with this Program. Holo is not liable for your inability to use the Alpha Materials or delay or failure of the servers to perform. If you receive a message during login identifying an error, please contact Holo Support as instructed in your Alpha Test welcome information.
X. NO WARRANTIES AND REPRESENTATIONS
The Alpha Materials provided by Holo under the terms of this Agreement are provided “as is” and, to the maximum extent provided under law, Holo disclaims all representations and warranties of any kind, whether express or implied, including any warranties of merchantability or fitness for a particular purpose, or non-infringement. From time to time, problems beyond Holo’s reasonable control may prevent or delay your access to the Program or cause the Program or the Alpha Materials to fail to perform. In the event of a dispute regarding your use of any of the Alpha Materials you agree that Holo may exclude your participation in this Program and may repair or replace the Alpha Materials (if applicable) at Holo’s option. You agree that Holo has no liability for discontinuing the Program for any reason that it may deem necessary. All other software not published by Holo is the sole responsibility of the named publisher.
XI. LIMITATION OF LIABILITY AND REMEDIES
The foregoing limitations, exclusions and disclaimers apply to the maximum extent permitted by applicable law, even if any remedy fails of its essential purpose. Holo or its affiliates will not be liable for any special, incidental, indirect, or consequential damages in relation to this Agreement.
Either party may terminate this Agreement at any time. Holo may terminate the Agreement by sending an email notification to you, and if possible, shall remove terminated Participants from any forum or group tools used by the Participant community. You may terminate this Agreement by sending a written notification of termination via email to [email protected] stating the reason for the same. Your account’s participation privileges may be terminated immediately if you fail to comply with the terms of this Agreement or if you fail to provide Feedback. Holo also reserves the right to terminate your participation in the Program at any time without cause. Upon termination, you are required to return any Alpha Material in your possession to Holo unless the same has been validly purchased by you.
XIII. ENTIRE AGREEMENT
XIV. GOVERNING LAW AND VENUE
You agree that the laws of Gibraltar shall govern the terms of this Agreement and your participation in the Program. You also submit to the exclusive jurisdiction of the Gibraltar courts in all matters relating to it except to the extent that Holo invokes the jurisdiction of the Courts of any other country.
XV. SURVIVAL OF CERTAIN PROVISIONS
The provisions of this Agreement set forth in Sections V (Confidentiality) and X (Term/Termination) and any remedies for the breach thereof, shall survive the expiration of this Agreement.
Should you have any queries or issues concerning this Agreement, please contact Holo Support at [email protected].