Hopin Beta Product Terms

Thank you for participating in a Hopin Beta. These Hopin Beta Product Terms (“Terms”) apply to and govern your participation in any or all of public or private beta programs (“Beta Program") and use of Hopin Beta products and/or services (“Beta Services”). In order to participate in a Beta Program or use Beta Services, you must agree to the terms. We have provided abbreviated language to help you navigate some of the legalese below.

1. Eligibility and Participation

You may participate in a Beta Program and use Beta Services only upon request and approval by Hopin(“us” “Hopin” “us” or “we’), and/ or by invitation from us. Hopin has sole discretion on any eligibility requirements or other factors for participation in any relevant Beta Program. Only approved users (subject to these terms and any requirements additional requirements we may impose) in good standing may participate in a Beta Program and use Beta Services, subject to the Hopin Global Platform Terms, Standard or Advanced Platform Terms, or any other applicable customer agreement you have with us (the “Terms of Service”), and must remain so for the duration of the the applicable Beta Program. The Terms of Service (including the Hopin Privacy Policy) are incorporated by reference and will control  for any provisions not addressed in these Terms, and any capitalized terms not defined in this Agreement, shall have meaning as defined in your applicable Terms of Service.  The Terms of Service continue to apply with regard to your use of the Hopin Products or Services, participation in a Beta Program, and use of any Beta Services. You must comply with these Terms in order to use and participate in applicable Beta Programs and/or Services.  In the event that you are no longer a Customer and/or user of Hopin’s products or services, your participation and use of any Beta Program or Service will be terminated.

2. Beta Services

The Beta Services may be a separate, stand-alone service, accessible apart from the currently available Hopin’s products and services (as defined in the applicable Terms of Service) or may be a feature or functionality for existing Hopin’s products and services. A description of the Beta Service may be provided prior to or at the time you use a Beta Service, or if we make changes to the Beta Service. By agreeing to and complying with these Terms we grant you anon-exclusive, revocable, non-transferable, limited license to access and use the Beta Services.

3. Feedback

The Beta Services are made available to you for the purposes of evaluation, testing, and feedback without any compensation or reimbursement of any kind from Hopin. You acknowledge the importance of communication between you and Hopin during your use of the Beta Services and agree to receive related correspondence and updates from us.  In the event you request to opt out from such communications, your participation in the Beta Program will be terminated, and your use of the applicable Beta Services will likewise be discontinued.

As part of using the Beta Services, you will be asked to provide feedback regarding your use of the Beta Services. You acknowledge that Hopin owns any feedback provided, and you hereby grant to us, if for any reason it is further needed, a perpetual, non-revocable, royalty-free worldwide license to use and/or incorporate such feedback into any of our products or services at anytime at our sole discretion. If we choose to publish such feedback, we will either do so in a way that does not identify you or your company or seek your consent in the event we do wish to identify you.

We may also monitor how you use the Beta Services and use that information and data to improve the Beta Services or our other products and services.

4. Intellectual Property

You agree that we own all legal rights, title and interest in and to the Beta Program and the Beta Services, including all intellectual property rights, and except for the license provided herein, no other rights or permissions to any of the Hopin Products and/or Services is granted.

Nothing here in gives you a right to use any of our trade names, trademarks, service marks, logos, domain names, and other distinctive brand features, nor is any such right granted to us.  Except to the extent permitted by law, you may not modify, distribute, prepare derivative works of, reverse engineer, reverse assemble, disassemble, decompile or otherwise attempt to decipher any code in connection with the Beta Services and/or any other aspect of Hopin technology, except as permitted by us.

Hopin respects the intellectual property rights of others and safety of others. If you believe the Beta Services have been used in a way that constitutes a violation of another party’s intellectual property or safety, please notify us as provided in our Terms of Service. We reserve the right to delete or disable any content and to terminate the use of the Beta Services for any such violations.

5. Modification Term and Termination

We reserve the right to modify or terminate the Beta Program or the Beta Services, or your use of the Beta Services, to limit or deny access to the Beta Services and/or participation in the Beta Program, at any time, in our sole discretion, for any reason, with or without notice and without liability to you or any other third party. You may discontinue your use of the Beta Services and/or your participation in the Beta Program at any time.

These terms will remain in effect for as long as you use the Beta Services. Either party may terminate these Terms before the end of your participation in the applicable Beta Program for any reason or no reason upon written notice to the other party. Upon termination, you will cease using the Beta Services. Likewise, if your Terms of Service are terminated, these Terms will also terminate.

These Terms will automatically terminate upon any breach by you (including any agents, employees, or officers of your applicable entity)  of any of your obligations here under including breach of confidentiality obligations. Your breach of any of your obligations under any Terms of Service or other agreement with Hopin may result in your immediate termination from use of other Beta Services, or participation in any other Beta Programs.

6. Disclaimer of Warranties

YOU HEREBY ACKNOWLEDGE AND AGREE THAT THE BETA SERVICESARE PROVIDED BY HOPIN ON AN “AS IS” BASIS AND AS AVAILABLE, AND YOUR ACCESS TO,PARTICIPATION AND/OR USE OF THE HOPIN BETA PROGRAM OR BETA SERVICES, IS AT YOURSOLE RISK. TO THE EXTENT PERMITTED BY APPLICABLE LAW, HOPIN EXPRESSLY DISCLAIMSALL AND YOU RECEIVE NO WARRANTIES AND CONDITIONS OF ANY KIND, WHETHER EXPRESSOR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THOSE OF MERCHANTABILITY,SATISFACTORY QUALITY, TITLE, FITNESS FOR A PARTICULAR PURPOSE ANDNON-INFRINGEMENT. HOPIN MAKES NO WARRANTY THAT ANY OF THE SERVICES WILL MEETYOUR REQUIREMENTS AND/OR THAT THE BETA SERVICES WILL BE UNINTERRUPTED, TIMELYOR ERROR-FREE, NOR DOES HOPIN  MAKE ANYWARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICES ORTHE ACCURACY OF ANY OTHER INFORMATION OBTAINED THROUGH THE SERVICES. YOUUNDERSTAND AND AGREE THAT ANY MATERIAL AND/OR DATA DOWNLOADED OR OTHERWISEOBTAINED THROUGH THE USE OF ANY OF THE SERVICES IS DONE AT YOUR SOLE RISK ANDTHAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM AND/ORLOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF SUCH MATERIAL AND/OR DATA. NOINFORMATION OR ADVICE, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM HOPIN ORTHROUGH THE BETA SERVICES SHALL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN.SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES ANDCONDITIONS, SO SOME OF THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU.

7. Indemnification

You agree to hold harmless and indemnify Hopin, our affiliates and subsidiaries, officers, directors, agents, and employees  from and against any third party claim a rising from or in any way related to (i) your breach of the Terms, (ii) your use of the Beta Services and/or your participation in the Beta Program(s), or(iii) your violation of applicable laws, rules or regulations in connection with the Beta .

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8. Limitation of Liability

IN NO EVENT SHALL HOPIN OR ITS  AFFILIATES BE LIABLE FOR ANY INDIRECT, SPECIAL,CONSEQUENTIAL AND/OR INCIDENTAL LOSS, EXEMPLARY OR OTHER DAMAGES RELATED TOTHESE TERMS AND/OR WHETHER DIRECT OR INDIRECT: (i) LOSS OF DATA, (ii) LOSS OFINCOME, (iii) LOSS OF OPPORTUNITY, (iv) LOST PROFITS, AND (v) COSTS OF RECOVERYOR ANY OTHER DAMAGES, HOWEVER CAUSED AND BASED ON ANY THEORY OF LIABILITY, ANDWHETHER OR NOT FOR BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE), VIOLATIONOF STATUTE, OR OTHERWISE, AND WHETHER OR NOT HOPIN HAS BEEN ADVISED OF THEPOSSIBILITY OF SUCH DAMAGES. TO THE EXTENT PERMITTED BY APPLICABLE LAW, HOPIN’SMAXIMUM LIABILITY HEREUNDER IS LIMITED TO $50.00. SOME JURISDICTIONS DO NOTALLOW LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIALDAMAGES, SO SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.

9. Confidentiality

You acknowledge and agree that: (i) the Beta Program and Beta Services constitute Confidential Information as defined in the Terms of Service (ii) that the successful market launch of commercial versions of the Beta Services requires you to keep all Hopin data and information discussed and/or made available through or contained in Beta Program, including, with out limitation, the Beta Services strictly confidential; (iii) the premature release of any of the Confidential Information would damage Hopin’s competitive and intellectual property interests; and (iv) and information about the Beta Services shall not be shared with anyone other than other authorized users of the Beta Services, which may include other Team Members (as defined in the Terms of Service), and such Team Members shall likewise be bound by the confidentiality obligations herein.

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10. General Changes to Terms

We reserve the right to make changes to these Terms from time to time and may or may not notify you in such an event. You understand and agree that if you use the Beta Services after the date on which the Terms have changed, we will treat your use as acceptance of the updated Terms.

Compliance with Laws

Both parties agree to comply with all applicable local, state, national ,and foreign laws, rules, and regulations, including, but not limited to, all applicable import and export laws and regulations governing use, transmission and/or communication of content, in connection with their performance, participation, access and/or use of the Beta Services or Beta Program.

Survival

Sections2,3, 4,5,6 8, 9, and 10 will survive the expiration or termination of this Agreement.