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Terms of Service

Beta Agreement

This Beta Agreement (the “Agreement”) contains the exclusive terms and conditions between Blue Jeans Network, Inc., a Delaware corporation ("Blue Jeans Network") and you (and the organization you represent) (“You”) and it governs Your testing, evaluation and use of the beta version of the Blue Jeans Network services, software and website to which Blue Jeans Network gives You access (“Blue Jeans Network Services”). By accessing the Blue Jeans Network Services for the evaluation purposes described herein You are consenting to be bound by and are becoming a party to the terms and conditions of this Agreement. If You do not agree to all of the terms of this Agreement, You must not access the Blue Jeans Network Services.

  1. Evaluation. During the time period permitted by Blue Jeans Network (the "Term") You may access the Blue Jeans Network Services and test the functionality and other features of the Blue Jeans Network Services, but only to evaluate the Blue Jeans Network Services for their intended purpose. From time to time as requested by Blue Jeans Network You agree to participate in the feedback programs administered by Blue Jeans Network. This Agreement does not entitle You to any technical support with respect to the Blue Jeans Network Services, but any such support provided by Blue Jeans Network in its sole discretion shall be subject to this Agreement. If You are under the age of 18, You shall not access, browse or use the Blue Jeans Network Services, and by using the Blue Jeans Network Services, You represent and warrant that You are at least 18 years of age.
  2. Third Party Services. The Blue Jeans Network Services may also allow You to access services provided by third parties or you may use third party services to access the Blue Jeans Network Services. You acknowledge that Blue Jeans Network is not responsible nor liable for such services, and that Your use of such services may be subject to separate terms between You and the company providing those services.
  3. Restrictions; Ownership. You may not, directly or indirectly: copy, distribute, rent, lease, timeshare, operate a service bureau with, use for the benefit of a third party, reverse engineer, disassemble, decompile, attempt to discover the source code or structure, sequence and organization of, or remove any proprietary notices from, the Blue Jeans Network Services. You shall not: (a) use the Blue Jeans Network Services to abuse, harass, threaten, intimidate or otherwise violate the legal rights (including intellectual property rights or rights of privacy and publicity) of others; (b) use the Blue Jeans Network Services for any unauthorized purpose or in violation of any applicable laws; (c) transmit any content that You do not have a right to transmit under any law or under contractual or fiduciary relationships; (d) interfere with or disrupt the Services. As between the parties, title, ownership rights, and intellectual property rights in and to the Services, and any copies or portions thereof, shall remain in Blue Jeans Network and its suppliers or licensors.
  4. Confidentiality; Feedback. Your acknowledge that, in the course of evaluating the Blue Jeans Network Services, You will obtain information relating to the Blue Jeans Network and the Blue Jeans Network Services which is confidential in nature ("Confidential Information"). You agree that You will not use or disclose Confidential Information without the prior written consent of Blue Jeans Network unless such Confidential Information becomes part of the public domain. Further, if You provide Blue Jeans Network any feedback, ideas, concepts or suggestions about the Blue Jeans Network's Services, business, technology or Confidential Information ("Feedback"), You grant Blue Jeans Network, without charge, the fully paid-up, irrevocable right and license to use, share, commercialize and otherwise fully exercise and exploit Your Feedback and all related rights (and to allow others to do so) in any way and for any purpose. These rights survive termination of this agreement in perpetuity.
  5. Term/Termination. This Agreement will commence on the date that You first accept the terms of this Agreement by clicking "yes" below and shall continue for the Term. Sections 2-9 of this Agreement will survive any expiration or termination of this Agreement. All rights You are granted herein shall immediately terminate upon expiration or termination of this Agreement and You shall immediately return to Blue Jeans Network or destroy all Confidential Information (including all Software). In addition to any other rights set forth herein, Blue Jeans Network may in its sole discretion restrict, suspend or terminate Your access to the Blue Jeans Network Services, in whole or in part and without notice.
  6. Disclaimer. The parties acknowledge that the Blue Jeans Network Services are experimental in nature and that the Blue Jeans Network Services are provided "AS IS." COMPANY DISCLAIMS ALL WARRANTIES RELATING TO THE SUBJECT MATTER HEREOF, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.
  7. Limitation of Remedies and Damages. COMPANY SHALL NOT BE RESPONSIBLE OR LIABLE WITH RESPECT TO ANY SUBJECT MATTER OF THIS AGREEMENT OR TERMS AND CONDITIONS RELATED THERETO UNDER ANY CONTRACT, NEGLIGENCE, STRICT LIABILITY OR OTHER THEORY (A) FOR LOSS OR INACCURACY OF DATA OR, COST OF PROCUREMENT OF SUBSTITUTE GOODS, SERVICES OR TECHNOLOGY, (B) FOR ANY INDIRECT, INCIDENTAL OR CONSEQUENTIAL DAMAGES INCLUDING, BUT NOT LIMITED TO LOSS OF REVENUES AND LOSS OF PROFITS, OR (C) ANY AMOUNT IN THE AGGREGATE IN EXCESS OF THE AMOUNTS YOU HAVE PAID COMPANY IN THE LAST SIX (6) MONTHS, OR, IF GREATER, FIFTY DOLLARS ($50). COMPANY SHALL NOT BE RESPONSIBLE FOR ANY MATTER BEYOND ITS REASONABLE CONTROL.
  8. Equitable Relief. You acknowledge and agree that due to the unique nature of Blue Jeans Network's Confidential Information, there can be no adequate remedy at law for any breach of Your obligations hereunder, that any such breach may allow You or third parties to unfairly compete with Blue Jeans Network resulting in irreparable harm to Blue Jeans Network, and therefore, that upon any such breach or threat thereof, Blue Jeans Network shall be entitled to injunctions and other appropriate equitable relief in addition to whatever remedies it may have at law.
  9. Miscellaneous. In the event that any of the provisions of this Agreement shall be held by a court or other tribunal of competent jurisdiction to be unenforceable, such provisions shall be limited or eliminated to the minimum extent necessary so that this Agreement shall otherwise remain in full force and effect and enforceable. This Agreement constitutes the entire agreement between the parties pertaining to the subject matter hereof, and any and all written or oral agreements previously existing between the parties are expressly cancelled. Neither the rights nor the obligations arising under this Agreement are assignable or transferable by You, and any such attempted assignment or transfer shall be void and without effect. This Agreement shall be governed by and construed in accordance with the laws of the State of California without regard to the conflicts of laws provisions therein.