BLACKBERRY BETA TERMS AND CONDITIONS
1. You are invited by BlackBerry Limited or its subsidiary or affiliate (“BlackBerry”) to test the beta software listed in the Projects sections in the following BlackBerry Beta Community home page (each file is a “Beta Software”) subject to these terms and conditions with BlackBerry. The testing period will commence on the date of your first use of the Beta Software and will expire upon the end of the testing period, at which time your right to use the Beta Software automatically expires. The testing period may be extended or terminated at any time at BlackBerry’s sole discretion.
2. The use of the Beta Software is subject to the BlackBerry Solution License Agreement at http://www.blackberry.com/legal/bbsla (“License Terms”).
3. In order to participate in the test, please review the License Terms for the Beta Software. The License Terms govern your use of the Beta Software. The Beta Software is hereby deemed to be also “Beta Products” as the term is defined in the License Terms. The Beta Software is provided to you ‘AS IS’ without warranties of any kind.
4. You may use and test the Beta Software in a lab, on test servers, test devices or other non-production testing environments only. You may not use the Beta Software in any production environment.
5. If Beta Software is being used to perform Mobile Application Management ("MAM”) and/or Mobile Device Management ("MDM") functions, prior to enabling certain mobile client Beta Software to interact with a wireless device owned or operated by any of your company’s or organization’s employees or independent contractors (“Authorized User”), you agree on behalf of your company or organization to inform the Authorized User that such action may allow you to perform: MAM by making available to the Authorized User applications that are designed to run either on the personal side or in the work space partition of their device, including software applications provided by a third party; and (ii) MDM functions on the Authorized User’s device, including the collection of personal information and you are responsible for the collection, processing, use and management of all such information.
6. With your use of the Beta Software, personal information and other customer information may be collected, used, processed, transferred or stored by or on behalf of BlackBerry, its subsidiaries and affiliates and their service providers located in jurisdictions, including the United States, which may have different data protection legislation, and may therefore be subject to the laws of these countries. If participants evaluating Beta Software are residents of the European Economic Area or a country which restricts data transfers outside of that jurisdiction or region, you are responsible for obtaining consent from participants to transfer their personal information outside of the European Economic Area or your country for processing or storage by or on behalf of BlackBerry.
7. If your company or organization has entered into a non-disclosure agreement (“NDA”) with BlackBerry, its subsidiaries, or its affiliates, then your use of the Beta Software and your participation in the testing are subject to the terms of such NDA. If you or your company has not entered into an NDA with BlackBerry, its subsidiaries, or its affiliates, then the following applies: You shall not disclose, allow access to, transmit, transfer or otherwise make available any information regarding the Beta Software or Beta Products or the Beta testing you are participating in (collectively “Confidential Information”) to any third party. You shall not use or reproduce the Confidential Information for any reason other than as reasonably necessary to participate in the Beta testing. Notwithstanding the foregoing, the parties may disclose Confidential Information if and only to the extent it is required to do so by law provided that the party gives the other party sufficient notice to enable the other party to seek an order limiting or precluding such disclosure. “Confidential Information” also includes: (i) any information in whatever form or medium that is proprietary or confidential to BlackBerry, its subsidiaries, and/or its affiliates; (ii) which you are given access, directly or indirectly, by BlackBerry, its subsidiaries, and/or its affiliates; and (iii) is related to the Beta Software, in whole or in part. Confidential Information that a party can establish was lawfully in that party’s possession before receipt from the disclosing party; or is a matter of public knowledge through no fault of the recipient party shall not be considered Confidential Information hereunder.
8. If you obtained the Beta Software from Apple's App Store or TestFlight, you acknowledge and agree on behalf of your company or organization that: (i) Apple has no responsibility whatsoever for the Beta Software, including without limitation its performance, maintenance and support, or for any claim by a third party that the Beta Software infringes the intellectual property rights of a third party. To the maximum extent permitted by applicable law, Apple has no warranty obligations whatsoever with respect to the Beta Software; and (ii) Apple and its subsidiaries are third party beneficiaries of these terms and have the right (and will be deemed to have accepted the right) to enforce these terms as a third party beneficiary.
9. By clicking "I Agree" below, or by downloading, installing, activating, accessing or using the beta software, you represent to BlackBerry that: (i) you are authorized to download, install, activate or use the Beta Software and accept these terms and conditions and the License Terms for the Beta Software on behalf of your company or organization; and (ii) you agree to be bound by and comply with these terms and conditions and the License Terms for the beta software. If you are not so authorized on behalf of your company or organization or you do not agree to these terms and conditions and the License Terms for the Beta Software, you may not download, install, activate or use the Beta Software and you may not participate in the testing of the Beta Software.