Perspective Beta Test Agreement

(Last Updated November 28, 2020)

This Beta Test Agreement (“Agreement”) is between Aletheia Ware LLC (“Aletheia”) and the individual identified below (“You” or “Your”) for you to accept Aletheia’s offer to join in the testing of Aletheia’s beta Perspective Service.

Aletheia provides a website, desktop and/or mobile application, online technology platform, software, processes and services which allow users solve a three dimensional puzzle (collectively the “Services”). By accepting this offer to gain access to and use the Services in beta form, You agree to comply with and be legally bound by this Agreement, as well as the Services’ Privacy Policy and Terms of Service (collectively "Terms”). This Agreement and the Terms governs Your access to and use of the Services and constitute binding legal agreements between You and Aletheia. In the event there is any conflict between the Terms and this Agreement, the provisions of this Agreement shall control.

Subject to this Agreement, Aletheia grants You a nonexclusive, nontransferable license to use the Services for a period designated by Aletheia for the purpose of testing and evaluating the Services.
You agree to participate in Aletheia’s surveys and information gathering efforts during and after the conclusion of any beta testing of the Services. Surveys may include online, chat or telephone calls, and will address Your experiences with the Services, Your personal use case, pricing levels, and similar topics.
You agree that at all times You will hold in strict confidence and not disclose Confidential Information (as defined below) to any third party, except as may be expressly approved in writing by Aletheia, and that You will use the Confidential Information for no purpose other than evaluating the Services. You shall not permit access to Confidential Information to any other individual who has not executed a Beta Test Agreement or is otherwise bound by confidentiality obligations at least as restrictive as those contained herein.
1. “Confidential Information” means all non-public materials and information provided or made available by Aletheia to You, including products and services, information regarding technology, know-how, processes, software programs, research, development, financial information, and information the Aletheia provides regarding third parties.
2. Your obligations under this Agreement with respect to any portion of the Confidential Information shall terminate when it enters the public domain subsequent to the time it was communicated to You through no fault of Yours. After Your evaluation of the Services is complete, or upon request of Aletheia, You shall promptly return or certify the destruction of all electronic documents, notes, software, data, and other materials in electronic form representing the Confidential Information and all copies thereof.
You agree that nothing contained in this Agreement shall be construed as granting You any ownership rights to any Confidential Information disclosed pursuant to this Agreement, or to any invention or any patent, copyright, trademark, or other intellectual property right. You agree that You will not make, have made, use or sell for any purpose any product or other item using, incorporating or derived from any Confidential Information or the Services, and that You will not modify, reverse engineer, decompile, create other works from, or disassemble any software programs contained in the Confidential Information or the Services.
The Services are a beta release offering and are not at the level of performance of a commercially available product offering. The Services may not operate correctly and may be substantially modified prior to first commercial release, or at Aletheia’s option may not be released commercially in the future. THE SERVICES ARE PROVIDED “AS IS” WITHOUT WARRANTY OF ANY KIND, AND ALETHEIA AND ITS LICENSORS DISCLAIM ALL WARRANTIES, EXPRESS, IMPLIED, OR STATUTORY, INCLUDING WITHOUT LIMITATION ANY IMPLIED WARRANTIES OF TITLE, NON-INFRINGEMENT OF THIRD PARTY RIGHTS, MERCHANTABILITY, OR FITNESS FOR A PARTICULAR PURPOSE. NO ORAL OR WRITTEN ADVICE OR CONSULTATION GIVEN BY ALETHEIA, ITS AGENTS OR EMPLOYEES WILL IN ANY WAY GIVE RISE TO A WARRANTY. THE ENTIRE RISK ARISING OUT OF THE USE OR PERFORMANCE OF THE SERVICES REMAINS WITH YOU.
ALETHEIA AND ITS LICENSORS SHALL NOT BE LIABLE FOR LOSS OF USE, LOST PROFIT, COST OF COVER, LOSS OF DATA, BUSINESS INTERRUPTION, OR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, PUNITIVE, SPECIAL, OR EXEMPLARY DAMAGES ARISING OUT OF OR RELATED TO THE SERVICES OR THIS AGREEMENT, HOWEVER CAUSED AND REGARDLESS OF THE FORM OF ACTION, WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE) STRICT LIABILITY, OR OTHERWISE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT WILL ALETHEIA’S AGGREGATE CUMULATIVE LIABILITY FOR ANY CLAIMS ARISING OUT OF OR RELATED TO THIS AGREEMENT EXCEED $50.00 OR THE AMOUNT RECIPIENT ACTUALLY PAID ALETHEIA UNDER THIS AGREEMENT (IF ANY).
Your obligations under this Agreement shall survive termination. This Agreement shall be governed by and construed in accordance with the laws of the State of California, USA. You agree that breach of this Agreement will cause Aletheia irreparable damage for which recovery of damages would be inadequate, and that the Aletheia shall therefore be entitled to obtain timely injunctive relief under this Agreement, as well as such further relief as may be granted by a court of competent jurisdiction. You will not assign or transfer any rights or obligations under this Agreement without the prior written consent of the Aletheia.

Name:	______________________________	Name:	Stuart Scott, Founder & CEO, Aletheia Ware LLC
Signature:	______________________________	Signature:	______________________________
Date:	______________________________	Date:	______________________________