Perfect Intonation Beta Program Registration

Thank you for your interest in Perfect Intonation™. We appreciate your willingness to look at this beta of our product; through your feedback we hope to improve the product. If you assist us by filling out a simple feedback survey and reporting any bugs you find, we will be pleased to reward you for your time with a full free copy of the application when it ships later this year.

REQUIREMENTS

To be part of the program, you must agree to the non-disclosure statement below, which commits you to keep the details of our product under wraps until it is publicly released. To qualify for a free copy of the released version of the software, you will be asked to fill out a survey about the product in 1-2 weeks.

MAILING LIST AND PRIVACY

We are asking for your name, address, and email address when you agree to look at our beta. This information will be only for our records, and to communicate with you during the beta testing program. Your email will be added to a temporary announce list which will only be used for three things:

To let you know if any important/critical bug fixes are released during the beta test period.
To invite you to fill out the informational survey at the end of the test period. Filling out this survey qualifies you for a free copy of the product upon release.
To notify you when the product is released and send you a coupon for your free copy.

We will also keep a record of the date, time, and IP Address you were using when you agreed to this form. These records will be destroyed after the product is publicly released.

If you have any concerns about this policy, or if you need to to communicate with us at any time, please contact us at our technical support email address, support@provectismusic.com

NON-DISCLOSURE AND PRERELEASE TESTING AGREEMENT

PROVECTIS MUSIC, INC.
Pre-Release Software License and Non Disclosure Agreement

IMPORTANT:  THIS PRE-RELEASE SOFTWARE LICENSE AND NON DISCLOSURE AGREEMENT ("AGREEMENT") IS A LEGAL AGREEMENT BETWEEN YOU AND PROVECTIS MUSIC.  READ IT CAREFULLY BEFORE DOWNLOADING, COMPLETING THE INSTALLATION PROCESS FOR, AND/OR USING, THE SOFTWARE.  IT PROVIDES RESTRICTIONS AND YOUR OBLIGATIONS WITH RESPECT TO THE SOFTWARE AND OTHER CONFIDENTIAL INFORMATION.  IN ADDITION, IT PROVIDES A LICENSE TO USE THE SOFTWARE AND CONTAINS WARRANTY AND LIABILITY DISCLAIMERS. BY DOWNLOADING, INSTALLING AND/OR USING THE SOFTWARE, YOU ARE CONFIRMING YOUR ACCEPTANCE OF THE SOFTWARE AND AGREEING TO BECOME BOUND BY EACH OF THE TERMS, RESTRICTIONS AND CONDITIONS SET FORTH IN THIS AGREEMENT.  IF YOU DO NOT AGREE TO BE BOUND BY THESE TERMS, RESTRICTIONS AND CONDITIONS, THEN SELECT THE "CANCEL" BUTTON, AND DO NOT DOWNLOAD, INSTALL OR USE THE SOFTWARE.

1. Definitions

(a)	"Confidential Information" means the Software, specifications, documentation and any other information related thereto, including the existence, features and capabilities, and potential release date of the software program.
(b)	"Provectis" means Provectis Music, Inc. and its licensors, if any. 
(c)	"Software" means only the Provectis software program supplied by Provectis Music under this Agreement, and corresponding documentation, associated media, printed materials, and online or electronic documentation.

2. Confidential Information; License and Restrictions.

(a)  You agree that the Software, specifications, documentation and any other information related thereto, including the existence, features and capabilities, and potential release date of the Software, are Confidential Information of Provectis.  You agree not to disclose or publish any Confidential Information to any third party and that you shall use your best efforts to prevent inadvertent disclosure of such Confidential Information to any third party.

(b)  You acknowledge that unauthorized disclosure of Confidential Information will diminish the value of the proprietary interests that are the subject of this Agreement.  If you breach your obligations hereunder, Provectis may be entitled to seek equitable relief to protect its interests therein, including but not limited to injunctive relief, in addition to any and all other rights and remedies available at law or equity.

(c)  Subject to your continued compliance with this Agreement, you are allowed to use the Confidential Information solely for the purpose of evaluating the Software and discussing such evaluation with Provectis.  The license granted herein is non-exclusive.  Other than as expressly set forth in this Section 2(c), no other rights or licenses to the Software or any other Confidential Information are granted to you.

(d)  You are strictly prohibited from copying, modifying, distributing, publicly displaying or publicly performing the Software.  You may not alter, merge, adapt or translate the Software, or decompile, reverse engineer, disassemble, or otherwise reduce the Software to a human-perceivable form.  You may not sell, rent, lease, transfer or sublicense the Software.  You may not modify the Software or create derivative works based upon the Software. The license granted herein do not entitle you to use the Software, or any technology or intellectual property contained within it, as reference or inspiration for developing or creating another product in any way based upon the Software.  All rights not expressly granted herein are reserved by Provectis.

3. Evaluation Obligations.

(a)  You must evaluate the Software, report any problems with the Software to Provectis, and respond to Provectis' questions regarding your evaluation and use of the Software. Further, you shall provide Provectis comments, review, evaluation, analysis, suggestions, or other feedback regarding your use of the software program ("Program Comments").  You agree that all Program Comments are made voluntarily and shall not create a confidentiality obligation from Provectis to any party and Provectis shall be free to use any Program Comments in any manner without obligation of any kind to you or any of your employees.

4. Warranty Disclaimer/Limitation on Liability.

(a) YOU ACKNOWLEDGE THAT THE SOFTWARE IS A PRE-RELEASE VERSION THAT DOES NOT REPRESENT A FINAL PRODUCT, AND MAY CONTAIN BUGS, ERRORS AND OTHER PROBLEMS THAT COULD CAUSE SYSTEM FAILURES.

(b) YOU ACKNOWLEDGE AND AGREE THAT THE SOFTWARE IS PROVIDED "AS IS" AND "WITH ALL FAULTS".  PROVECTIS AND ITS SUPPLIERS HEREBY DISCLAIM ALL WARRANTIES, EXPRESS, IMPLIED OR OTHERWISE RELATING TO THE SOFTWARE, INCLUDING WITHOUT LIMITATION WARRANTIES OF PERFORMANCE, MERCHANTABILITY, OR FITNESS FOR A PARTICULAR PURPOSE.  IN ADDITION, PROVECTIS AND ITS SUPPLIERS HEREBY DISCLAIM ALL WARRANTIES OF TITLE, NONINFRINGEMENT OR QUIET ENJOYMENT.  PROVECTIS DOES NOT WARRANT THAT THE SOFTWARE IS ERROR-FREE OR WILL OPERATE WITHOUT INTERRUPTION.   NO RIGHTS OR REMEDIES REFERRED TO IN ARTICLE 2A OF THE UCC WILL BE CONFERRED ON YOU.  THE SOFTWARE IS NOT DESIGNED, INTENDED OR LICENSED FOR USE IN HAZARDOUS ENVIRONMENTS REQUIRING FAIL-SAFE CONTROLS, INCLUDING WITHOUT LIMITATION, THE DESIGN, CONSTRUCTION, MAINTENANCE OR OPERATION OF NUCLEAR FACILITIES, AIRCRAFT NAVIGATION OR COMMUNICATION SYSTEMS, AIR TRAFFIC CONTROL, AND LIFE SUPPORT OR WEAPONS SYSTEMS.  PROVECTIS SPECIFICALLY DISCLAIMS ANY EXPRESS OR IMPLIED WARRANTY OF FITNESS FOR SUCH PURPOSES.  NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY PROVECTIS, ITS EMPLOYEES OR ANY THIRD PARTY SHALL CREATE A WARRANTY.  YOU BEAR ALL RISKS OF PERFORMANCE OF THE SOFTWARE.

(c)  NEITHER PROVECTIS NOR ITS SUPPLIERS SHALL BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE, COVER OR CONSEQUENTIAL DAMAGES (INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR THE INABILITY TO USE EQUIPMENT OR ACCESS DATA, LOSS OF BUSINESS, LOSS OF PROFITS, BUSINESS INTERRUPTION OR THE LIKE), ARISING OUT OF THE USE OF, OR INABILITY TO USE, THE SOFTWARE AND BASED ON ANY THEORY OF LIABILITY INCLUDING BREACH OF CONTRACT, BREACH OF WARRANTY, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR OTHERWISE, EVEN IF PROVECTIS OR ITS REPRESENTATIVES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND EVEN IF A REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE.

(d)  THE FOREGOING LIMITATIONS ON LIABILITY ARE INTENDED TO APPLY TO ALL ASPECTS OF THIS AGREEMENT.

5. Term and Termination.

(a)  Either party may terminate this Agreement at any time upon written notice; provided, however, your obligations, with respect to the Confidential Information shall survive until you receive notice from Provectis that you can disclose the Confidential Information to the public, or the Confidential Information is disclosed to the public by Provectis.

(b)  Upon termination or upon request from Provectis, you will promptly return or destroy the Software, all other Confidential Information and related documentation together with all copies in any form. Sections 1, 2(a), 2(b), 2(d), 4, 5, 6 and 7 shall survive any termination of this Agreement.

6. Proprietary Rights.

This Agreement gives you limited license to use the Software as set forth in Section 2(c) hereof.  Except as expressly provided in Section 2(c), Provectis and its suppliers retain all right, title and interest, including all copyright and intellectual property rights, in and to, the Software (as an independent work and as an underlying work serving as a basis for any improvements, modifications, derivative works, and applications you may develop) and other Confidential Information, and all copies thereof. All rights not specifically granted in this Agreement, including U.S. and international Copyrights, are reserved by Provectis and its suppliers.

7. General Provisions.

(a)  This Agreement shall be governed in all respects by the laws of the State of California and any dispute arising out or relating to this Agreement shall be brought exclusively in the state and federal courts in the County of Los Angeles, California.  You understand that unauthorized disclosure of Confidential Information may cause irreparable injury to Provectis and thus, Provectis may be entitled to seek equitable relief to protect its interests therein, including but not limited to injunctive relief, in addition to any and all other rights and remedies available at law or equity.

(b)  Notices between the parties shall be by personal delivery, facsimile, e-mail or certified mail, return receipt requested, and shall be deemed given upon receipt at the address of the party or five days after deposit in the mail whichever is earlier.

(c)  This Agreement contains the complete agreement between the parties with respect to the subject matter hereof, and supersedes all prior or contemporaneous agreements or understandings, whether oral or written. You agree that any varying or additional terms contained in any purchase order or other written notification or document issued by you in relation to the Software or any other Confidential Information shall be of no effect. The failure or delay of Provectis to exercise any of its rights under this Agreement or upon any breach of this Agreement shall not be deemed a waiver of those rights or of the breach.

YOUR REGISTRATION INFORMATION

Full name

Email

Password

Password confirmation

I agree to the terms of the NDA above.