An important part of the GMB’s Product release
process is the "Beta" testing at selected sites under
controlled conditions, prior to making a Product available for general
use. By participating in a test program, the Tester gains access to
the Product months before it is widely available, and has the
opportunity to provide feedback to GMB with suggested changes to the
release. The purpose of this document is to acknowledge the conditions
whereby the Tester will act as a beta test site for the Product.
The following conditions will apply to a beta test
program for the Product:
1. GMB shall provide the Tester with a copy of the
Product and any necessary documentation.
2. Tester shall test the Product under normally
expected operating conditions in Tester's environment during the test
period. GMB would appreciate the Tester providing timely feedback to GMB
representatives on the progress of the beta test.
3. The Tester hereby acknowledges that the
intellectual property including copyright comprised in the Product is of
a highly confidential nature. The Tester will not disclose the contents
of the Product or any confidential information relating to the Product,
including its architecture and file structures to anyone other than
Tester's employees who are performing the testing or GMB
representatives.
4. During the beta test period, there may be
additional releases of the Product, which will be provided to Tester for
installation by Tester.
5. The Product is not production ready and should
not be relied upon to be bug free. The objective of Beta testing is to
find the 'environment-specific' bugs that do not show up in laboratory
testing. While GMB makes every effort to ensure that its Product is bug
free and tests it thoroughly in the laboratory prior to sending it to
Beta test participants, the Product is not yet certified production
ready. We strongly recommend, as with all Beta Products, that you do not
use it with production data.
6. GMB shall not be responsible for any loss or
damage to Tester or any third parties caused by the Product or by GMB’s
performance of these terms and conditions.
7. Tester understands and acknowledges that the
Product is provided for its own use for testing purposes only. These
terms and conditions do not constitute a grant or an intention or commitment to
grant any right, title or interest in the Product or GMB's trade secrets
to Tester. Tester may not sell or transfer any portion of the Product to
any third party or use the Product in any manner to produce, market or
support its own products. Tester shall clearly identify the Product as
GMB's property.
8. This offer is personal to Tester. Tester
shall not assign or otherwise transfer any rights or obligations under
these terms and conditions.
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