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Terms Of Beta

BETA AGREEMENT FOR BOTSENSE.COM BETA

IMPORTANT! PLEASE READ THIS DOCUMENT CAREFULLY BEFORE USING THE BOTSENSE.COM BETA TOOL. THIS BETA AGREEMENT ("AGREEMENT") IS A LEGAL CONTRACT BETWEEN YOU (AN INDIVIDUAL, OR ENTITY HEREAFTER REFERRED TO AS "YOU") AND SARISSA SYSTEMS, INC., THAT OPERATES THE BOTSENSE.COM BETA TOOL, FOR USE OF THE BETA SOFTWARE AND BETA SERVICE.

BY USING THE BOTSENSE.COM BETA TOOL CLIENT SOFTWARE AND SERVICE; (A) YOU REPRESENT THAT: YOU ARE AT LEAST EIGHTEEN YEARS OLD AND HAVE THE LEGAL CAPACITY TO ENTER INTO CONTRACTS; (B) YOU AGREE THAT YOU UNDERSTAND THE NATURE OF THE BOTSENSE.COM BETA TOOL AND WILL USE THIS BETA SOFTWARE AND BETA SERVICE IN ACCORDANCE WITH THE TERMS AND CONDITIONS OF THIS AGREEMENT; (C) YOU AGREE THAT BOTSENSE.COM MAY GATHER INFORMATION RELATING TO, AND CONTACT YOU ABOUT, YOUR EXPERIENCE WITH THIS BETA SOFTWARE AND SERVICE; AND (D) YOU AGREE THAT YOU ARE BOUND BY AND ARE A PARTY TO THIS AGREEMENT.

IF YOU DO NOT AGREE TO THE TERMS AND CONDITIONS OF THIS AGREEMENT, YOU MAY NOT DOWNLOAD, INSTALL, USE, OR TEST THE BETA SOFTWARE OR BETA SERVICE.

1.0 DEFINITIONS.

1.1 ""Beta Service" means the beta version of the BOTSENSE.COM service through which You are provided with Content from the BOTSENSE.COM website using the .htaccess beta tool. 1.2 “Beta Software" means the Botsense.com .htaccess beta tool.

1.3 "Beta Test" means this beta test of the Beta Software and Beta Service.

1.4 "Content" means the digital content made available to You from the BOTSENSE.COM website through this Beta Test.

2.0 LICENSE GRANT. BOTSENSE.COM grants You a non-exclusive, non-sublicensable, non-transferable license to use the Beta Software, Beta Service, and Content solely for testing and evaluation purposes, for the duration of this Beta Test. You may not use the Beta Software, Beta Service, or Content for any purpose other than trial and evaluation. This license does not entitle You to receive from BOTSENSE.COM or its licensors hard-copy documentation, support, telephone assistance, or enhancements or updates to the Beta Software or Beta Service. BOTSENSE.COM reserves the right to discontinue the Beta Test at any time and to refrain from offering a commercial version of the Beta Software or Beta Service. BOTSENSE.COM also reserves the right to alter features, licensing terms, or other characteristics of any commercial version of the Beta Software or Beta Service it may choose to release.

3.0 STORAGE & SHARING OF CONTENT. You understand and agree that as part of the Beta Service: (a) Content that You request from the BOTSENSE.COM website may be delivered to You from the computers of other participants in the Beta Service; (b) such Content will be stored on Your personal computer until deleted by You or the automatic operation of the Beta Software; and (c) the Beta Software may access Content stored on Your computer and reproduce all or portions of such Content in order to distribute it to others who request delivery of such Content from the BOTSENSE.COM website. The Beta Software can only deliver the Content to and from Your computer. No other content from Your computer will be accessed or transferred by the Beta Software.

5.0 BETA TEST INFORMATION. You acknowledge that feedback concerning users' experiences with the Beta Software and Beta Service is essential to their improvement. You agree that BOTSENSE.COM or its licensors may gather information from Your computer system relating to Your use of this Beta Software and Beta Service, including frequency of use and types of Content selected. You also agree that BOTSENSE.COM may solicit Your feedback concerning Your experience with this Beta Service via a survey or other means. Such information will only be used in connection with evaluating and improving the Beta Software and/or Service.

6.0 RESTRICTIONS.

6.1 Beta Software and Service. You may not: (a) modify or create any derivative works of the Beta Software; (b) decompile, disassemble, reverse engineer, or otherwise attempt to derive the source code for the Beta Software or the communications protocols for accessing the Beta Service (except to the extent applicable laws specifically prohibit such restriction); (c) reproduce the Beta Software; (d) distribute, transmit, publicly display, publicly perform, make available to 3rd parties, publish, encumber, sell, rent, lease, loan, sublicense, or otherwise transfer (temporarily or permanently) the Beta Software; (e) use the Beta Service to provide service bureau, ASP or other similar services to third parties; (f) remove or alter any trademark, logo, copyright or other proprietary notices, legends, symbols or labels in the Beta Software; or (g) block, disable or otherwise affect any advertising, advertisement banner window, links to other sites and services, or other features that constitute an integral part of the Beta Software or Beta Service.

6.2 Content. Unless the owner of the Content expressly grants You permission as specified at the website of the content owner,,You may not: (a) modify or create any derivative works of the Content; (b) edit or modify the links in the Content; (c) reproduce the Beta Software or any Content; (d) reproduce, distribute, transmit, publicly display, publicly perform or publish the Content for commercial purposes; or (e) remove, alter, conceal or obliterate any copyright or other proprietary notice, or any credit-line or date-line or other mark or source identifier included in the Content.

7.0 EXPERIMENTAL SOFTWARE & SERVICE. You acknowledge that the Beta Software and Beta Service are experimental and may have defects or deficiencies that cannot or will not be corrected by BOTSENSE.COM and/or its licensors or other suppliers. BOTSENSE.COM is under no obligation to release the Beta Software or Beta Service commercially, or to provide You with any error corrections, updates, upgrades, bug fixes and/or enhancements. You shall have sole responsibility for the adequate protection and backup of Your data and/or equipment used with the Beta Software and Beta Service.

8.0 TERMINATION. BOTSENSE.COM may terminate the Beta Test at any time in its sole discretion. Your right to use the Beta Service will terminate concurrently with the termination of the Beta Test. Additionally, this Agreement and Your right to use the Beta Service will terminate immediately and without notice should You breach this Agreement. In the event of any termination of this Agreement or Your rights hereunder, all provisions of this Agreement except the License Grant (Section 2.0) shall survive such termination and You agree to continue to be bound by those terms.

9.0 PROPRIETARY RIGHTS. Title, ownership rights, and intellectual property rights (collectively the "IP") in: (a) the Beta Software shall remain in BOTSENSE.COM and/or its licensors and other suppliers; and (b) the Content shall remain in the owner of the Content. You expressly acknowledge such ownership and intellectual property rights and will not take any action to jeopardize, limit or interfere in any manner with BOTSENSE.COM's or its licensors’ or other suppliers' or Content owners’ ownership of or rights with respect to the IP. The IP is protected by copyright and other intellectual property laws and by international treaties. All trademarks used in connection with the IP are owned by BOTSENSE.COM, its affiliates and/or its licensors and other suppliers and the Content owners, and no license to use any such trademarks is provided hereunder. You agree that BOTSENSE.COM may use in any manner and without limitation all comments, suggestions, complaints and other feedback You provide relating to the Beta Service.

10.0 DISCLAIMER OF WARRANTY. THE BETA SOFTWARE, BETA SERVICE AND CONTENT ARE PROVIDED WITH ALL FAULTS ON AN "AS IS" BASIS AND THE ENTIRE RISK AS TO SATISFACTORY QUALITY, PERFORMANCE, ACCURACY AND EFFORT IS WITH YOU. THE BETA SOFTWARE, BETA SERVICE AND CONTENT ARE PROVIDED WITHOUT WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION WARRANTIES THAT THEY ARE FREE OF DEFECTS, VIRUS FREE, ABLE TO OPERATE ON AN UNINTERRUPTED BASIS, MERCHANTABLE, OF SATISFACTORY QUALITY, FIT FOR A PARTICULAR PURPOSE, OR NON-INFRINGING, EXCEPT TO THE EXTENT SUCH WARRANTIES ARE LEGALLY INCAPABLE OF EXCLUSION. BOTSENSE.COM AND ITS LICENSORS AND OTHER SUPPLIERS DO NOT WARRANT THAT THE FUNCTIONALITY OF THE BETA SOFTWARE, BETA SERVICE OR ANY CONTENT WILL MEET YOUR REQUIREMENTS OR THAT ERRORS WILL BE CORRECTED, NOR DO THEY WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF THE BETA SOFTWARE, BETA SERVICE, CONTENT OR RELATED DOCUMENTATION IN TERMS OF THEIR CORRECTNESS, ACCURACY, RELIABILITY, OR OTHERWISE. NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY BOTSENSE.COM OR AN BOTSENSE.COM AUTHORIZED REPRESENTATIVE SHALL CREATE A WARRANTY OR IN ANY WAY INCREASE THE SCOPE OF ANY WARRANTY INCAPABLE OF EXCLUSION HEREUNDER. BOTSENSE.COM AND ITS LICENSORS AND OTHER SUPPLIERS HAVE NO LIABILITY WITH RESPECT TO YOUR USE OF THE BETA SOFTWARE AND BETA SERVICE. YOU BEAR THE ENTIRE RISK AS TO THEIR QUALITY AND PERFORMANCE AND YOU ASSUME THE ENTIRE COST OF ANY SERVICE AND REPAIR. THIS DISCLAIMER OF WARRANTY CONSTITUTES AN ESSENTIAL PART OF THIS AGREEMENT. NO USE OF THE BETA SOFTWARE OR BETA SERVICE IS AUTHORIZED HEREUNDER EXCEPT UNDER THIS DISCLAIMER.

11.0 LIMITATION OF LIABILITY. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL BOTSENSE.COM OR ITS SUBSIDIARIES, AFFILIATES, DIRECTORS, EMPLOYEES, DISTRIBUTORS, LICENSORS, SUPPLIERS, OR AGENTS (COLLECTIVELY, THE " BOTSENSE.COM GROUP") BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES ARISING OUT OF OR IN ANY WAY RELATING TO THIS AGREEMENT OR THE USE OF OR INABILITY TO USE THE BETA SOFTWARE, BETA SERVICE, OR CONTENT, OR OTHERWISE RELATED TO YOUR PARTICIPATION IN THIS BETA TEST, INCLUDING, BUT NOT LIMITED TO LOST PROFITS, LOST DATA, LOSS OF GOODWILL, WORK STOPPAGE, COMPUTER FAILURE OR MALFUNCTION, OR ANY AND ALL OTHER COMMERCIAL DAMAGES OR LOSSES, EVEN IF IT HAS BEEN ADVISED OF THE POSSIBILITY THEREOF, AND REGARDLESS OF THE LEGAL OR EQUITABLE THEORY (CONTRACT, TORT OR OTHERWISE) UPON WHICH THE CLAIM IS BASED. IN ANY CASE, THE BOTSENSE.COM GROUP'S ENTIRE COLLECTIVE LIABILITY AND YOUR EXCLUSIVE REMEDY UNDER ANY PROVISION OF THIS AGREEMENT SHALL BE THE REPLACEMENT OF THE BETA SOFTWARE. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL, CONSEQUENTIAL OR SPECIAL DAMAGES, SO THIS EXCLUSION AND LIMITATION MAY NOT APPLY TO YOU. TO THE EXTENT THAT THE FOREGOING LIMITATION IS NOT APPLICABLE FOR ANY REASON, THE LIABILITY OF THE BOTSENSE.COM GROUP, THIRD PARTY CONTENT PROVIDERS AND THEIR RESPECTIVE AGENTS SHALL BE LIMITED TO THE GREATEST EXTENT PERMITTED BY LAW.

12.0 EXPORT CONTROL. You agree to comply with all export and import laws and restrictions and regulations of any United States or foreign agency or authority, and not to export, re-export or import the Beta Software or any direct product thereof in violation of any such restrictions, laws or regulations, or without all necessary approvals. For example, You may not export or re-export any commodities, software, or technical data received from BOTSENSE.COM, or any direct product of such commodities, software or technical data, to any proscribed country, party, or entity listed in the applicable laws, regulations, and rules of the U.S. Government unless properly authorized. As applicable, each party shall obtain and bear all expenses and responsibility relating to any necessary licenses and/or exemptions with respect to its own export or re-export of the Beta Software from the U.S.

13.0 INJUNCTIVE RELIEF. You acknowledge and agree that, notwithstanding any other provisions of this Agreement, Your breach or threatened breach of this Agreement shall cause BOTSENSE.COM irreparable damage for which recovery of money damages would be inadequate and that BOTSENSE.COM therefore may obtain timely injunctive relief to protect its rights under this Agreement in addition to any and all other remedies available at law or in equity.

14.0 U.S. GOVERNMENT END USERS. The Beta Software is a "commercial item," as that term is defined in 48 C.F.R. 2.101, consisting of "commercial computer software" and "commercial computer software documentation," as such terms are used in 48 C.F.R. 12.212. Consistent with 48 C.F.R. 12.212 and 48 C.F.R. 227.7202-1 through 227.7202-4, all U.S. Government end users acquire the Beta Software with only those rights set forth herein.

15.0 MISCELLANEOUS. (a) This Agreement constitutes the entire agreement between the parties concerning the subject matter hereof, which may only be modified by a written amendment signed by an authorized executive of BOTSENSE.COM. (b) Except to the extent applicable law, if any, provides otherwise, this Agreement shall be governed by the laws of the State of California, U.S.A., excluding its conflict of law provisions. (c) You expressly agree that jurisdiction for any claim or dispute arising from the use of the Beta Software or Beta Service resides in the federal and state courts in Santa Clara County in the State of California, and You consent to the personal jurisdiction thereof. (d) This Agreement shall not be governed by the United Nations Convention on Contracts for the International Sale of Goods. (e) If any part of this Agreement is held invalid or unenforceable, that part shall be construed to reflect the parties' original intent, and the remaining portions remain in full force and effect, or BOTSENSE.COM may at its option instead terminate this Agreement. (f) A waiver by either party of any term or condition of this Agreement or any breach thereof, in any one instance, shall not waive such term or condition or any subsequent breach thereof. (g) You may not assign or otherwise transfer by operation of law or otherwise this Agreement or any rights or obligations herein. BOTSENSE.COM may assign this Agreement to any entity at its sole discretion. (h) This Agreement shall be binding upon and shall inure to the benefit of the parties, their successors and permitted assigns.

16.0 USER OUTSIDE THE U.S. If You are using the Beta Software and Beta Service outside the U.S., then the provisions of this Section shall apply: (a) Les parties aux présentés confirment leur volonté que cette convention de même que tous les documents y compris tout avis qui sây rattaché, soient redigés en langue anglaise. (translation: "The parties confirm that this Agreement and all related documentation is and will be in the English language."); (b) You are responsible for complying with any local laws in Your jurisdiction which might impact Your right to import, export or use the Beta Software, the Beta Service or the Content, and You represent that You have complied with any regulations or registration procedures required by applicable law to make this license enforceable.