Effective Date: 08/07/2019
This Beta Test Agreement (the "Agreement") is made between Telx Technologies Inc. ("Telx"), with its principal place of business located at 1440 W. Taylor Street #399, Chicago, IL 60607 ("Provider") and you ("Customer") for the purpose of testing the beta software and/or hardware, which for purposes of this Agreement shall be referred to as the "Beta Product". The terms and conditions of this Agreement are intended by the parties as a final expression of their agreement with respect to the subject matter hereof and may not be contradicted by evidence of any prior or contemporaneous agreement unless such agreement is signed by both parties. In the absence of such an agreement, this Agreement shall constitute the complete and exclusive statement of the terms and conditions and no extrinsic evidence whatsoever may be introduced in any judicial proceeding which may involve the Agreement. This Agreement may not be modified except by a writing executed by both parties hereto.
A. Telx is developing a certain cryptocurrency SIM card wallet product (referred to herein as the "Beta Product"). As a tester you will receive from Telx hardware, software, products, documentation, equipment, or other material, (the "Telx Materials").
B. The Beta Product is currently still in development and experimental form. You have agreed to test and evaluate the Beta Product in accordance with the terms of this Agreement to assist Telx in the completion of the Beta Product.
In consideration of the mutual covenants set forth herein, the parties hereby agree as follows:
1. DISCLAIMER OF WARRANTIES. You acknowledge and agree that: (a) the Beta Product is not complete in development yet has been commercially released for sale by Telx; (b) the Beta Product may not be fully functional, and it is expected that it will contain errors, design flaws or other problems. (c) the Beta Product may not be reliable during the time you are participating as a tester in the Telx Beta Program; (d) the Beta Product has not passed any required regulatory tests.(e) the Beta Product and its use may result in unexpected results, loss of data, electrical failures or other unpredictable damage or loss to you; and (f) Telx has the right to unilaterally abandon development of the Beta Product at any time and without any obligation or liability to you or any third party. THE BETA PRODUCT IS BEING SUPPLIED TO YOU "AS IS". TELX MAKES NO WARRANTIES REGARDING THE BETA PRODUCT, EXPRESS OR IMPLIED, AND EXPRESSLY DISCLAIMS ALL SUCH WARRANTIES, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.
2. Limitation of Liability. Company is not responsible for any finacial losses arising from the installation, operation, condition, possession or use of the Beta Product. Beta Customer agrees to reimburse Company for and to defend Company against any claims for losses arising from the Product malfunctioning or software bugs.
For inquiries or questions regarding this Agreement or the Beta Product, please contact email@example.com