WELCOME TO TPC’S WEB-BASED VISUAL STORY PLANNER™. THIS LEGAL AGREEMENT BETWEEN YOU AND TPC GOVERNS YOUR USE OF THE WEB-BASED PRODUCT, SOFTWARE AND SERVICES (COLLECTIVELY REFERRED TO AS THE “PRODUCT”). IT IS IMPORTANT THAT YOU READ AND UNDERSTAND THE FOLLOWING TERMS. BY CLICKING “AGREE”, YOU ARE AGREEING THAT THESE TERMS WILL APPLY IF YOU CHOOSE TO ACCESS THE PRODUCT.
THE PRODUCT (INCLUDING THE SOFTWARE, IF ANY, AND DOCUMENTATION) IS STILL IN THE TESTING PHASE AND PROVIDED HEREUNDER "AS IS" AS THE PURPOSE OF THIS BETA TESTING LICENSE TO OBTAIN FEEDBACK AND TO IDENTIFY DEFECTS. USER UNDERSTANDS AND ACKNOWLEDGES THAT THE PRODUCT MAY NOT A FULLY FUNCTIONING PRODUCT, IS SUBJECT TO CHANGNE AND MAY HAVE LIMITATIONS, UNEXPECTED RESULTS, BUGS AND OTHER ERRORS. TPC MAKES AND USER RECEIVES NO WARRANTIES IN CONNECTION WITH THE PRODUCT, OR MODIFICATIONS OR IMPROVEMENTS THERETO, DELIVERED HEREUNDER, EXPRESS, IMPLIED, STATUTORY OR IN ANY OTHER PROVISION OF THIS AGREEMENT OR COMMUNICATION BETWEEN TPC AND USER. TPC SPECIFICALLY DISCLAIMS ALL IMPLIED WARRANTIES, INCLUDING WARRANTIES OF MERCHANTABILITY, NONINFRINGEMENT AND FITNESS FOR A PARTICULAR PURPOSE, OR ARISING FROM A COURSE OF DEALING, USAGE OR TRADE PRACTICE.
The term of this Agreement ends when TPC elects to no longer make the Product available to User. TPC will give Users 72 hours’ notice of its intent to terminate this Agreement to give Users time to download their stories. Upon termination of this Agreement, User’s access to TPC’s web-based Visual Story Planner™ will be terminated. User acknowledges that after termination of the Beta Test Agreement, if User wishes to continue to use the Product and TPC offers the Product for sale, User will be charged a fee to be agreed upon by the parties.
TPC SHALL HAVE NO LIABILITY TO USER UNDER THE TERMS OF THIS AGREEMENT. IN NO EVENT SHALL TPC BE LIABLE FOR ANY, INCIDENTAL OR CONSEQUENTIAL DAMAGES, LOST PROFITS OR LOST DATA, OR ANY OTHER INDIRECT DAMAGES EVEN IF TPC HAS BEEN INFORMED OF THE POSSIBILITY THEREOF.
User acknowledges that, in the course of using the Product and performing its duties under this Agreement, it may obtain information relating to the Product and to TPC which is of a confidential and proprietary nature ("Proprietary Information"). Such Proprietary Information may include, but is not limited to, trade secrets, know how, invention techniques, processes, programs, schematics, software source documents, data, and sales and marketing plans or information which User knows or has reason to know is confidential, proprietary or trade secret information of TPC. User shall at all times, both during the term of this Agreement and for a period of at least three (3) years after its termination, keep in trust and confidence all such Proprietary Information, and shall not use such Proprietary Information other than as expressly authorized by TPC under this Agreement, nor shall User disclose any such Proprietary Information to third parties without TPC’s written consent. User further agrees to immediately return to TPC all Proprietary Information (including copies thereof) in User's possession, custody, or control upon termination of this Agreement at any time and for any reason. The obligations of confidentiality shall not apply to information which (i) has entered the public domain except where such entry is the result of Users breach of this Agreement; (ii) prior to disclosure hereunder was already in User's possession; or (iii) subsequent to disclosure hereunder is obtained by User on a non-confidential basis from a third party who has the right to disclose such information to the User. Neither party shall disclose, advertise, or publish the terms and conditions of this Agreement without the prior written consent of the other party. Any press release or publication regarding this Agreement is subject to prior review and written approval of the parties.
TPC takes cyber security seriously. Anitian, a third party cyber security firm, has completed an extensive full system security gap assessment and application security testing on TPC’s web-based Visual Story Planner™. TPC has completed system hardening and remediation of any potential vulnerabilities noted by Anitian and has invested heavily in aligning our cyber security posture to Industry best practices and with a roadmap to becoming ISO 27000 compliant. While these cyber security measures are robust, TPC has no control or protections on files once they are exported out of the web-based Visual Story Planner™ web application, in any file format.
Like with all beta software, you may stumble on some usability bugs. If you do experience a usability bug, TPC appreciates being alerted so we can improve the product.
User will be expected to test each of the major functional areas of the Product as they would use it in their environment including the export of the presentations to PowerPoint.
User is expected to perform comprehensive testing of the Product. This includes using tools and features in all major feature sets of the Product. User is expected to commit sufficient time to this Beta to meet the testing and reporting requirements. User acknowledges that its employees will be acknowledging their obligation to give feedback to the Beta Test Coordinator when entering TPC’s web-based Visual Story Planner™ website.