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Beta Test End User License Agreement

ARCTRIEVAL, INC. ("ARCTRIEVAL") LICENSES THIS SOFTWARE AND SERVICE TO YOU SUBJECT TO THE TERMS CONTAINED IN THIS BETA TESTING END USER LICENSE AGREEMENT (THIS "AGREEMENT" OR "EULA"). READ THE TERMS AND CONDITIONS OF THIS AGREEMENT CAREFULLY BEFORE INSTALLING, COPYING AND USING THIS COMPUTER SOFTWARE AND THE ACCOMPANYING OR ONLINE DOCUMENTATION (THE "BETA SOFTWARE"). THE BETA SOFTWARE IS COPYRIGHTED AND IT IS LICENSED TO YOU UNDER THIS EULA, NOT SOLD TO YOU. BY INSTALLING, OR OTHERWISE USING THE BETA SOFTWARE, YOU AGREE TO BE BOUND BY THE TERMS OF THIS EULA. IF YOU ARE NOT WILLING TO BE BOUND BY THE TERMS OF THIS EULA, DO NOT INSTALL OR USE THE BETA SOFTWARE. BY EXPLICITLY ACCEPTING THIS BETA TEST AGREEMENT, HOWEVER, OR BY INSTALLING, ACCESSING, OR OTHERWISE USING THE BETA SOFTWARE, YOU ARE ACKNOWLEDGING AND AGREEING TO BE BOUND BY THE FOLLOWING TERMS.

THIS EULA IS A LEGAL AGREEMENT CONCERNING THE BETA SOFTWARE BETWEEN YOU, AS EITHER AN INDIVIDUAL OR A SINGLE BUSINESS ENTITY ("YOU") AND ARCTRIEVAL. THIS AGREEMENT SUPERSEDES AND REPLACES ANY PRIOR PROPOSAL, REPRESENTATION, OR UNDERSTANDING YOU MAY HAVE HAD WITH ARCTRIEVAL RELATING TO THE BETA SOFTWARE.

Now Therefore, for good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, You hereby agree as follows:

Agreement

  1. Grant of License. Subject to the terms of this Agreement and solely during the term hereof, Arctrieval hereby grants to You a limited, revocable, royalty-free, nontransferable, nonexclusive license (without the right to grant sublicenses) to access the website located at www.arctrieval.com and to use the executable object code version of the software located thereon, and also including such versions, updates, enhancements, modifications, and additions, and also associated documentation, as may be made available by Arctrieval in its discretion from time to time. You may use such Beta Software solely for Your internal, non-productive business purposes, and solely: (a) to evaluate the technical and commercial viability of the Beta Software; (b) to evaluate the reliability and functionality of the Beta Software in a working environment; (c) to determine whether the features of the Beta Software perform as designed and are useful; (d) to determine whether the Beta Software will work for its intended purpose; and (e) to create and provide to Arctrieval suggestions and technical feedback regarding the Beta Software, including suggestions regarding viability and functionality of the Beta Software. Such testing shall be deemed the "Beta Test" hereunder. Except as and only to the extent expressly permitted in this Agreement, You shall not use, sublicense, sell, assign, convey, transfer, disclose, publish, display, copy, duplicate, adapt, merge, embed, disassemble, reverse engineer, reverse compile, reverse assemble or otherwise attempt to obtain or disclose any information contained in the Beta Software or the Beta Test Materials (as defined below). Without limiting the generality of the foregoing, You shall not use the Beta Software to enable, support or otherwise aid the development of technology competitive with the Beta Software or any software embedded therein.