Statcast – Accordo di Riservatezza per BETA TESTER

Beta Testing program is one of the Customer Validation methodologies to assess the satisfaction level of a product by letting it be validated by the end-users, who use it, for a defined period of time. End users are asked for feedback on design, functionality and usability and this helps in assessing the quality of the product.
The tester will be asked to agree to several conditions before beginning testing materials.

This is a summary of what we're asking for free use of the 24/7 service and use of new features not yet public.

The tester will be asked to agree to several conditions before beginning testing materials:

• tester is aware to adhere to the program Statcast Beta conceived, developed and managed by Meway Srl;
• tester acknowledges that he is participating in a Stactast Beta program and the info tester learns are confidential and cannot be shared;
• tester declares that the information he provides as a registered user in Statcast are true;
• tester is not a member of the press, nor an employee or representative of any competitor;
• tester won’t disclose his role or work as Beta tester to any third part;
• tester will reasonably respond in a timely manner to Statcast’s request for feedback;
• tester licences Meway to freely use the feedback and suggestion he provides.

If tester agrees to these conditions, he can read the terms of this beta tester and confidentiality agreement (“Agreement”) governing the use of the software, related firmware and hardware provided to him by Meway Srl, (“Statcast”).

By the acceptance of the tester of these terms and selecting the “I agree” button as it appears in the dedicated section on the website, tester is representing that he is over age 18, representing he has the right and authority to legally bind himself to these terms, and consenting to be legally bound by all of the terms of the agreement. If the tester doesn’t agree to all these terms or can not make such representations he can select the “I do not agree” button.

Recitals

1. MEWAY SRL has developed a software product dedicated to audio and video transmission in streaming mode (herein called "STATCAST") with the purpose of offering quantitative and qualitative information about the connection statistics of users connected in the above-mentioned mode.
2. STATCAST is currently being deployed and is available for license. Tester has agreed to test and evaluate STATCAST in its experimental mode in accordance with the terms of this Agreement to assist MEWAY in completing and refining existing functionality and implementing new.

NOW, THEREFORE, in consideration of the mutual covenants set forth herein, the parties hereby agree as follows:

1. Riservatezza. Il tester accetta di mantenere riservato e non divulgare o discutere con terze parti riguardo:
   1. i piani di sviluppo e marketing di Meway di cui viene a conoscenza durante la sua partecipazione come tester.
   2. comunicazioni orali e scritte di dipendenti, agenti, parti contraenti e altri rappresentanti di Meway relativamente a Statcast

   I requisiti di riservatezza rimarranno validi fino a quando tutti i punti di cui sopra non diventeranno di dominio pubblico.

2. No conflicting loyalty..
   1. tester is not employee or representative of any company that competes with Meway;
   2. tester represent that the information provided in the enrollment phase on Statcast is accurate.
3. Feedback:tester will provide prompt feedback to Meway regarding the operation or use of Statcast materials when it is requested. This may include filing online reports, participating in telephone interviews, maintaining a record of problems or errors, providing suggestions and ideas, and responding to written surveys or email homework that may be provided by Meway. You acknowledges and agrees that Meway may use, disclose, reproduce, license, distribute and otherwise commercialize such feedback. Tester hereby grants to Meway all required licenses in his feedback and the associated intellectual property rights to allow Meway to carry out these rights
4. Grant of license to test:subject to the terms and conditions of this agreement, Meway hereby grants to tester a personal, nonexclusive, nontransferable and revocable license to use the Statcast Beta Product. Tester’s license will be valid only during the time that tester is an active participant in any Statcast Beta Program solely for the purposes of testing and evaluating the Beta Product to assist Meway in the completion of its development, and not for any commercial purpose or use. Tester agrees not to reverse engineer, disassemble or decompile any prototypes, software or other tangible objects which are provided to him hereunder.
5. Disclaimer of warranties:.
   Tester acknowledges and agrees that:
   1. Statcast Beta is under development and refinement;
   2. Statcast Beta Product may not be fully functional, and it is expected that it will contain errors, design flaws or other problems;
   3. Statcast Beta may produce unexpected results, loss of data, or other unforeseeable damage or loss;
   4. Meway is not obligated to launch a commercial version of the implementations proposed in Statcast Beta;
   5. Meway has the right to unilaterally abandon the development of the Statcast Beta Product at any time and without any obligation or liability to you or any third party. Tester further acknowledges that he has paid no consideration to Meway for the Beta Product hereunder and that the system makes no warranty, express or implied.
6. Ownership:.
   Tester acknowledges and agrees that Meway and/or its partners own all right, title and interest in Statcast and Statcast Beta. Tester agrees not to use Logo or other trade names for any purpose. This Agreement does not allow Tester to gain or acquire any copyrights, patents, trade secrets, or other intellectual property rights. In the event Meway provides printed or digital informational materials, the tester agrees that all materials are and will remain the sole property of Meway. Tester agrees to promptly notify Meway of any suggested changes and/or improvements to Statcast Beta without the possibility of asserting any intellectual property rights.
7. Limitation of liability..
   Meway shall not be liable under any circumstances to the tester or any other party for damages of any kind arising out of the use of Statcast Beta, even if caused by misuse, breach of contract, warranty or other action, including, without limitation, direct, indirect damages. The parties agree that this limitation of liability is a material part of this Agreement.
8. Privacy.
   For purposes of this Beta test program, the tester agrees to allow Meway, its employees or agents to contact you using the personal contact information tester has provided, such as his name, email, address, and telephone number. Meway may store or share this personal contact information with Meway employees, agents or authorized contractors in order to communicate with the tester. Meway may use, collect, or store information generated from the testing or use of Meway's products under this Agreement, including streaming distribution server data, usage data from users of the tester's channel, recordings of the streaming itself ("Usage Data"). Meway may disclose, share, redistribute or publish Usage Data. If the tester resides outside of Italy, the tester acknowledges and agrees that the tester's personal contact information and Usage Data will also be transferred outside of Italy and stored on servers located outside of Italy, pursuant to applicable GDPR laws.
9. General Provisions.
   1. Termination. This Agreement will automatically terminate upon the end of the tester's participation in the Statcast Beta program unless termination occurs earlier by the provision of the Agreement, and in any event no later than 1 year after the date of the Agreement. Any party may terminate this Agreement prior to the end of the tester's participation in the Statcast Beta program, with or without cause, by sending written notice to contact@statcast.live. This Agreement will automatically terminate if the tester breaches any obligation set forth in this Agreement, including breach of confidentiality obligations. Violation of any obligation under the Agreement will result in the immediate removal of the tester from the Statcast Beta program.
   2. This Agreement shall be governed by the laws of the State of Italy. Any disputes will be submitted to the court of Rome.
   3. This Agreement constitutes the entire agreement between Tester and Meway with respect to the subject matter hereof and supersedes all prior oral or written understandings, communications or agreements not expressly included herein.
   4. Tester acknowledges that any breach of its obligations under this Agreement with respect to Meway's proprietary rights will cause Meway irreparable harm. Meway shall therefore be entitled to be fairly compensated.

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