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Beta Program Terms of Use

You have been invited by Dext Software Limited (Dext) to take part in its beta program for the new Dext platform (Beta Program). The following terms and conditions will apply to your entry into the Beta Program and use of the Beta Services (as that term is defined below). If you do not agree to these terms of use, please do not complete the registration process, or download and/or use the new Dext platform Beta Program or Beta Services:

Beta Services 

  1. From time to time, Dext may invite our customers to try Beta Services. “Beta Services” means Dext’s services or functionality that are not generally available to our customers, including without limitation the Beta Program, and that may be made available to customers at no additional charge, to try at customer’s option which are designated as beta, pilot, limited release, developer preview, non-production, evaluation, or by a similar description. 
  2. If you have been invited to try the Beta Services, you may accept or decline any such trial in your sole discretion. 
  3. Beta Services are still being developed and tested, are for evaluation purposes only and are not for production use sale or distribution by or to the general public or anyone not participating in the Beta Program. The Beta Services are also not subject to any service level agreements agreed to between you and Dext, and may be subject to additional terms. 
  4. Dext is under no obligation to maintain, support, update, or provide error corrections for the Beta Services. Dext may discontinue Beta Services at any time in Dext’s sole discretion and reserves the right to never make them generally available. 
  5. Dext will have no liability for any harm or damage arising out of, or in connection with, your use of a Beta Service. The Beta services are provided “as is” and as available and are exclusive of any warranty whatsoever. Without limiting the foregoing, Dext explicitly disclaims any warranties of merchantability, fitness for a particular purpose, quiet enjoyment or non-infringement, and any warranties arising out of course of dealing, course of performance, or usage of trade.  
  6. Dext’s terms and conditions and privacy policy from time to time currently found at https://dext.com/uk/terms-and-conditions and https://dext.com/uk/privacy-policy respectively) shall also apply to the Beta Services, where relevant. In the event of a conflict or inconsistency between these terms of use and any other provision of our terms and conditions, these terms of use shall control and prevail. 
  7. Dext may update, change or otherwise amend these Terms of Use at any time, at Dext’s sole discretion. If any changes are made, Dext will notify you either directly, or by publishing new terms on its website.

Your usage of the Beta Services 

  1. You may only use the Beta Services for the purposes of helping Dext to evaluate them.
  2. We anticipate that the Beta Program will continue for up to 6 months unless indicated otherwise by Dext. The duration of the Beta Program may be extended or shortened at any time at Dext’s sole discretion, without notice.  
  3. In return for granting you access to the Beta Program, we expect you to participate in research relating to the Beta Services; communicate any problems you encounter in using the Beta Services to us and provide us with comments or feedback periodically.  Your failure to provide us with the assistance or feedback described in this paragraph may result in your immediate removal from the Beta Program. By giving Dext your feedback, you agree that Dext may freely use, reproduce, licence or otherwise commercialise all such feedback in any Dext product including in relation to the Beta Program or otherwise, and you confirm that any feedback you give will be (i) original to you, and/or (ii) not contain the intellectual property of any third party or be subject to any terms preventing Dext from using the feedback as it wishes, or which would require Dext to obtain a license in order to use it in any of its products, including the Beta Services.
  4. Your agreement to participate in the Beta Program may result in other users on your Dext account and/or those of your clients who have a Dext account being granted access to the Beta Service. We will contact each of these users directly regarding the Beta Program. You agree to provide all of your account users and your clients who have a Dext account with a copy of these terms of use and you shall notify them that participation in the Beta Program is subject to these terms of use.  
  5. Upon expiry of the Beta Program, you may be charged an additional fee if you continue to use the Beta Services. We will notify you prior to the expiry of the Beta Program in respect of such fees. 

General

  1. Any information relating to Dext, the Beta Program and the Beta Services including any feedback, any product-related information and any other proprietary technology or know-how provided to you in whatever form by Dext through the Beta Services or in connection with testing and evaluation of the Beta Program is confidential (“Confidential Information”).
  2. You will keep, and ensure that any and all persons, firms, companies or organisations associated with you keep, all Confidential Information confidential and not disclose it to any person, unless permitted under this clause. This confidentiality obligation does not apply to the disclosure of Confidential Information which: (a) is or comes into public domain, except through breach of the confidentiality obligation under this clause; (b) comes lawfully into your possession from a third party who is not bound by a confidentiality obligation relating to such Confidential Information; (c) is required to be disclosed by any court of competent jurisdiction or any competent judicial, governmental, supervisory or regulatory body, or any law, provided that you will promptly notify Dext in writing, or (d) is disclosed by you with Dext’s prior written consent.
  3. Under no circumstances may any information about the Beta Services, testing progress and/or results be provided to persons that are not involved in the Beta Program. 
  4. These Beta Terms of Use and any contractual and non-contractual obligations arising out of or in connection with them, will be governed by the laws of England and Wales.