Effective: September 8, 2014
1. Acceptance of the Terms and Conditions
2. Use of the BETA Site
2.1 The Company grants you the right to use the BETA Site, on one computer at a time, for your personal use only. You must treat the content of the BETA Site and any elements thereof like any other copyrighted material (e.g. a book or musical recording). All rights not expressly granted are reserved by the Company or its suppliers.
2.2 You agree not to: (a) make copies of the materials and content included in the BETA Site for the purpose of distribution, (b) use the BETA Site, or permit use of the BETA Site, in a network or other multi-user arrangement or on an electronic bulletin board system or other remote access arrangement, (c) rent, lease, license or otherwise transfer the BETA Site without the express written consent of the Company, (d) reverse engineer, decompile, disassemble, or create derivative works of, the BETA Site or the program therein, (e) publicly perform or publicly display any of the content or program included in the BETA Site, or (f) take any action that imposes an unreasonable load on the BETA Site's infrastructure.
2.3 The BETA Site contains links to third-party web sites (“External Sites”). These links are provided solely as a convenience to you and not as an endorsement by us of the content on such External Sites. The content of such External Sites is developed and provided by others. You should contact the site administrator or Webmaster for those External Sites if you have any concerns regarding such links or any content located on such External Sites.
We are not responsible for the content of any linked External Sites and do not make any representations regarding the content or accuracy of any materials on such External Sites. You should take precautions when downloading files from all web sites to protect your computer from viruses and other destructive programs. If you decide to access any External Sites, you do so at your own risk.
3. Limitation of Liability and Disclaimer of Warranties
3.1 The sole purpose of this BETA Site is to obtain feedback on its performance and to identify defects. You expressly acknowledge that the BETA Site is a test product and may contain bugs, errors and other problems that could affect the completeness of display of information. Please see this list of Known Issues (https://wiki.bentleypublishers.com/x/9YVyBw). You are advised to use caution and not to rely in any way on the performance or functioning of the BETA Site. The BETA Site is made available to You free of charge and no warranty shall be provided for the BETA Site.
3.2 The BETA site and documentation are provided to you “as is” and to the extent authorized by law, the Company makes no representations or warranties, either express or implied, regarding the BETA Site or documentation, including, but not limited to the implied warranties of merchantability and fitness for a particular purpose. The Company also expressly disclaims any and all warranties relating to noninfringement of third party rights, merchantability, satisfactory quality, or ability to integrate the software with other products.
3.3 The Company makes no representations or warranties, either express or implied, that the content on the BETA Site is any more up-to-date than the equivalent DVD, or CD, desktop product. The Company also makes no representations or warranties that the content on the BETA Site will be updated.
3.4 The Company makes no manufacturer endorsement or any claim of affiliation with any third-party entity.
3.5 In no event shall the Company or its suppliers, if any, be liable for any consequential or incidental damages whatsoever arising out of the use of or inability to use the program and content or program package, even if the Company or its suppliers, if any, have been advised of the possibility of such damages. The Company's liability shall not exceed the actual price paid for the license to use the program and content. Because some states/countries do not allow the exclusion or limitation of liability for consequential or incidental damages, the above limitation may not apply to you. In such states, the liability of the Company parties shall be limited to the greatest extent permitted by law.
You agree to defend, indemnify, and hold harmless the Company Parties from and against any claims, actions or demands, including, without limitation, reasonable legal and accounting fees, arising or resulting from your breach of this Agreement or your access to, use or misuse of the Content or Web Site. The Company shall provide notice to you of any such claim, suit, or proceeding. The Company reserves the right to assume the exclusive defense and control of any matter which is subject to indemnification under this section. In such case, you agree to cooperate with any reasonable requests assisting the Company’s defense of such matter.
5.1 The term of this agreement shall commence upon Your acceptance of the Agreement and shall terminate upon the earlier of (i) lapse of the license according to the description of the product (ii) termination of the Agreement by the Company for any reason (iii) the initial general release of a commercial version of the BETA Site (iv) discontinuation of the BETA Site by the Company.
5.2 Upon any expiration or termination of this Agreement, the rights and licenses granted to You under this agreement shall immediately terminate, and You shall immediately cease using the BETA Site.
This Agreement is governed by the internal substantive laws of the Commonwealth of Massachusetts, without respect to its conflict of laws provisions. You expressly agree to submit to the exclusive personal jurisdiction of the state and federal courts sitting in the City of Cambridge in the Commonwealth of Massachusetts. If any provision of this Agreement is found to be invalid by any court having competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of this Agreement, which shall remain in full force and effect. Failure of the Company to act on or enforce any provision of the Agreement shall not be construed as a waiver of that provision or any other provision in this Agreement. No waiver shall be effective against the Company unless made in writing, and no such waiver shall be construed as a waiver in any other or subsequent instance. Except as expressly agreed by the Company and you, this Agreement constitutes the entire Agreement between you and the Company with respect to the subject matter, and supercedes all previous or contemporaneous agreements, whether written or oral, between the parties with respect to the subject matter. The section headings are provided merely for convenience and shall not be given any legal import. This Agreement will inure to the benefit of our successors, assigns, licensees, and sublicensees. Any information submitted or provided by you to the Web Site might be publicly accessible. Important and private information should be protected by you. The Company is not liable for protection of privacy of electronic mail or other information transferred through the Internet or any other network that you may use.