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Flow Beta Test Agreement

BETA TESTING END USER LICENSE AGREEMENT (EULA)

This Beta Testing EULA (hereinafter “Agreement”) covers all software and associated media for Flow by DentiMax (“Software”) created and owned by DentiMax Software, Inc. (hereinafter “Company”) as well as any printed materials, data, files and information and any “online” or electronic documentation which may accompany the Software (hereinafter “Documentation”). Any use of the Software and/or the Documentation is governed by the Agreement and any user (hereinafter “User”) that installs, accesses, or otherwise uses the Software and/or the Documentation agrees to be bound by the terms and conditions set forth herein.

DISCLAIMER. THE SOFTWARE TO BE TESTED HEREUNDER MAY CONTAIN ONE OR MORE DEFECTS AND A PRIMARY PURPOSE OF THE BETA TESTING PROCESS IS TO OBTAIN FEEDBACK ON SOFTWARE PERFORMANCE AND THE IDENTIFICATION OF ANY DEFECTS. EACH USER IS ADVISED THAT THEY SHOULD NOT RELY IN ANY WAY ON THE CORRECT FUNCTIONING OR PERFORMANCE OF THE SOFTWARE OR DOCUMENTATION.

Feedback. It is expressly understood, acknowledged and agreed that Company does and will collect User suggestions, comments and feedback regarding the Software, including but not limited to usability, operability, bug reports and test results (collectively, “Feedback”). Any Feedback provided by any User shall be the sole and exclusive property of Company and each User agrees to assign all rights in any ideas, concepts, or functionality related to the Software as contained in any Feedback to Company. Each User agrees to provide Company with Feedback on a periodic basis, as reasonably requested by Company.

Grant of License. Subject to the terms and conditions of this Agreement, Company grants to each User a royalty-free, revocable, non-exclusive, non-transferable license (without the right to sub-license) to use the Software in accordance with the Documentation solely for purposes of beta testing and evaluation, including the providing of Feedback hereunder.

Ownership and Copyright of Software. Title to the Software and Documentation and all copies thereof shall, at all times, remain with Company. The Software is protected by United States copyright laws and international treaty provisions. Except as expressly provided herein, Company does not grant any express or implied right to any User under any Company patents, copyrights, trademarks, or trade secret information.

Confidentiality. The Software and Documentation is considered the confidential and proprietary information of the Company. The User shall not disclose any information about the Software or the Documentation or any Feedback or other comments regarding the Software and/or the Documentation to any third party without the prior written approval of the Company.

Term; Termination. Either party may terminate this Agreement at any time for any reason or no reason by providing the other party with written notice thereof. Upon any expiration or termination of this Agreement, the rights and licenses granted to You under this Agreement shall immediately terminate, and each User shall immediately cease using the Software and Documentation. To the extent practicable, Company will assist You with data migration from the Software in a commercially reasonable manner.

Limitation on Liability. Provision and use of any Software provided by the Company under this Agreement is experimental and shall not create any obligation for Company to continue to develop, productize, support, repair, offer for sale or in any other way continue to provide or develop Software either to any User or other party.

THE SOFTWARE IS PROVIDED “AS IS” WITHOUT ANY EXPRESS OR IMPLIED WARRANTY OF ANY KIND INCLUDING WARRANTIES OF MERCHANTABILITY OR FITNESS FOR ANY PARTICULAR PURPOSE. IN NO EVENT SHALL COMPANY OR ITS OFFICERS, DIRECTORS, EMPLOYEES OR AGENTS BE LIABLE FOR ANY DAMAGES WHATSOEVER ARISING OUT OF THE USE OF OR INABILITY TO USE THE SOFTWARE, EVEN IF THE COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

Entire Agreement. This Agreement constitutes the complete and exclusive agreement between Company and each User with respect to the subject matter hereof, and supersedes all prior or contemporaneous oral or written communications, proposals, representations, understandings, or agreements not specifically incorporated herein. This Agreement may not be amended except in a writing duly signed by an authorized representative of Company.

Law, Venue and Jurisdiction. The terms and conditions of this Agreement shall be interpreted and construed in accordance with the laws of the State of Arizona, without any reference to any conflict of laws provisions. Any action brought to interpret or enforce the terms and conditions of this Agreement shall be brought only in a court of competent jurisdiction situated in Maricopa County, Arizona and the parties hereby agree to such exclusive jurisdiction and venue.

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December 15, 2023 11:21 am MST

Flow Beta Test Agreement Uploaded by Alicia Dieujuste - [email protected] IP 24.248.184.127

December 28, 2023 10:48 am MST

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