CCJ Channels Beta Testing Agreement

This Beta Testing Agreement (“Agreement”) is entered into between Twist & Twirl Consulting (“Company”) and the submitter of this Agreement (“Participant”) as of the date this Agreement is submitted.   This Agreement does not create a legal partnership, agency, or employment relationship between Company and Participant.  By submitting this Agreement, Participant certifies that they are of the legal age of majority in the jurisdiction in which they reside (normally age 18) and represents that they are legally permitted to join this Beta Program.  This Agreement is void where prohibited by law and the right to become a Beta Program Participant is not granted in such jurisdictions.


1. License Grant. Licensing of the software products ("Software") covered by this Beta Testing Agreement is subject to the terms of the Gnu Public License, Version 3, as set forth here: https://www.gnu.org/licenses/gpl-3.0.en.html


2. No Services. Company shall be under no obligation to provide Participant with any services.


3. Third Party Software. The Software may contain or use certain software that is owned by third parties ("Third Party Software"). Third Party Software is subject to terms and conditions other than those in this Agreement. Participant may view the relevant licenses and/or notices for such Third Party Software on their respective websites or in the source code for Software. A list of Third Party Software can be provided upon request. As applicable, the terms of Participant’s use of the Third Party Software is subject to and governed by the applicable third party licenses and/or terms of service, except that the Sections “License”, “Disclaimer of Warranty” and “Limitation of Liability” of this Agreement also govern Participant’s use of the Third Party Software. Participant agrees to comply with the terms and conditions of the relevant Third Party Software licenses and/or terms of service.


4. Disclaimer of Warranty. By its nature, the Software may contain errors, bugs and other problems that could cause various forms of failure and the testing and quality assurance of the Software may not yet be completed. Participant acknowledges and agrees that the Software may contain, in Company’s sole discretion, more or fewer features or different licensing terms than subsequent commercial release versions. Because the Software is subject to change, Company reserves the right to alter the Software at any time, and any reliance on the Software is at Participant’s own risk. Without limiting any disclaimer of warranty or other limitation stated herein, Participant agrees that Software is not considered by Company to be suitable for commercial use; that it may contain errors affecting its proper operation; that use of the Software may result in unexpected results, loss of data or communications, project delays or other unpredictable damage or loss; and that Company has the right unilaterally to abandon development of the Software at any time and without any obligation or liability to Participant.

PARTICIPANT ACCEPTS THE SOFTWARE PROVIDED “AS IS.” COMPANY MAKES NO WARRANTY OF ANY KIND REGARDING THE SOFTWARE. COMPANY HEREBY EXPRESSLY DISCLAIMS ALL IMPLIED AND STATUTORY WARRANTIES, INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT OF THIRD PARTIES RIGHTS, OR ANY WARRANTIES ARISING OUT OF COURSE OF DEALING OR USAGE IN TRADE.

NEITHER COMPANY NOR ITS LICENSORS WARRANT THAT THE SOFTWARE OR THE THIRD PARTY SOFTWARE WILL MEET PARTICIPANT’S REQUIREMENTS, THAT THE OPERATION OF THE SOFTWARE OR THE THIRD PARTY SOFTWARE WILL BE UNINTERRUPTED OR ERROR-FREE, OR THAT DEFECTS IN THE SOFTWARE WILL BE CORRECTED.


5.  Limitation of Liability.  EXCEPT AS OTHERWISE REQUIRED BY LAW, THE LIABILITY OF COMPANY AND ITS LICENSORS TO PARTICIPANT OR ANY THIRD PARTY ARISING OUT OF OR IN CONNECTION WITH THIS AGREEMENT OR THE USE OF THE SOFTWARE, OR FOR ANY ERROR OR DEFECT IN THE SOFTWARE, OR FOR THE PROVISION OF TECHNICAL SUPPORT INSTALLATION, TRAINING OR OTHER SERVICES IN CONNECTION THEREWITH, HOWEVER CAUSED, AND ON ANY THEORY OF LIABILITY, INCLUDING CONTRACT, STRICT LIABILITY, NEGLIGENCE OR OTHER TORT, SHALL BE LIMITED TO DIRECT DAMAGES NOT TO EXCEED ONE DOLLAR ($1 US).

IN NO EVENT WILL COMPANY OR ITS LICENSORS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE OR CONSEQUENTIAL DAMAGES, INCLUDING DAMAGES FOR LOSS OF PROFITS, BUSINESS, REVENUE, DATA OR DATA USE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THESE LIMITATIONS WILL APPLY NOTWITHSTANDING THE FAILURE OF THE ESSENTIAL PURPOSE OF ANY REMEDY.

The limitations of liability set forth in this Agreement reflect the allocation of risk negotiated and agreed to by the Parties. The Parties would not enter into this Agreement without these limitations on its liability. These limitations will apply notwithstanding any failure of essential purpose of any limited remedy.


6. Feedback. Participant will provide reasonable feedback to Company concerning the features and functionality of the Software. All such feedback will be the sole and exclusive property of Company. Participant hereby irrevocably transfers and assigns to Company and agrees to irrevocably assign and transfer to Company all of Participant's right, title, and interest in and to all feedback including all intellectual property rights therein (collectively, “Intellectual Property Rights”). Participant will not earn or acquire any rights or licenses in the Software or in any of Company's Intellectual Property Rights on account of this Agreement or Participant's performance under this Agreement,even if Company incorporates any feedback into the Software.


7. General. Participant may not assign or otherwise transfer, by operation of law or otherwise, any of its rights under this Agreement without Company’s prior written consent, and any attempted assignment without such consent will be null and of no effect. This Agreement constitutes the entire agreement between the parties and supersedes any and all prior agreements, communications and understandings with respect to the evaluation of the Software and shall be construed in accordance with the laws of the State of California (excluding its body of law controlling conflicts of law). The parties expressly agree that the United Nations Convention on Contracts for the International Sale of Goods will not apply. Any legal action or proceeding arising under this Agreement will be brought exclusively in the federal or state courts located in the Northern District of California and the parties hereby irrevocably consent to the personal jurisdiction and venue therein. If any provision of this Agreement is held invalid or unenforceable by a court of competent jurisdiction, such provision will be construed so as to be enforceable to the maximum extent permissible by law,and the remaining provisions of the Agreement will remain in full force and effect. The waiver of any breach or default will not constitute a waiver of any other right hereunder or of any subsequent breach or default. All notices required or permitted under this Agreement will be in writing or by email. All communications will be sent to the mailing or email addresses set forth below or to such other address as may be specified by either party to the other in accordance with this Section.


Twist & Twirl Consulting

PO Box 511
Moraga, CA 94556
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By checking this box, I acknowledge that I have read and agree to the terms of the above Agreement.