Subject to the terms and conditions of this Agreement, Company grants Recipient a nonexclusive, nontransferable license to use Front Beta Program software and/or products (collectively “Beta Products”) for a period designated by the Company for the purpose of testing and evaluating the Beta Products. 

The Recipient agrees that it will at all times will hold in strict confidence and not disclose Confidential Information (as defined below) to any third party except as approved in writing by the Company and will use the Confidential Information for no purpose other than evaluating the Beta Product. The Recipient shall only permit access to Confidential Information to those of its employees having a need to know and who have signed confidentiality agreements or are otherwise bound by confidentiality obligations at least as restrictive as those contained herein. “Confidential Information” means all non-public materials and information provided or made available by Company to Recipient, including products and services, information regarding technology, know-how, processes, software programs, research, development, financial information and information the Company provides regarding third parties.

The Recipient’s obligations under this Agreement with respect to any portion of the Confidential Information shall terminate when the Recipient can document that: (i) it was in the public domain at the time it was communicated to the Recipient; (ii) it entered the public domain subsequent to the time it was communicated to the Recipient through no fault of the Recipient; or (iii) is independently developed by Recipient without any use of Confidential Information, as demonstrated by files in existence at the time Recipient independently developed that information. After Recipient’s evaluation of the Beta Program is complete, or upon request of the Company, the Recipient shall promptly return to the Company all documents, notes and other tangible materials and 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 OR if Recipient chooses to continue using the Beta Products after the termination of the Front Beta Program, Recipients must update all software, mobile apps or other to the commercially available version of the Beta Product which may be subject to separate fees, conditions or contracts not applicable during the Beta Program. For more information about the Confidential Information Agreement (Nondisclosure Agreement) for the Front Beta Program, click here.

The Recipient agrees that nothing contained in this Agreement shall be construed as granting 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. The Recipient shall 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 Beta Products. The Recipient will not modify, reverse engineer, decompile, create other works from, or disassemble any software programs contained in the Confidential Information or the Beta Products.

These Beta Products are a beta release offering and are not at the level of performance of a commercially available product offering. The Beta Products may not operate correctly and may be substantially modified prior to first commercial release, or at Company’s option may not be released commercially in the future. THE BETA PRODUCTS AND DOCUMENTATION ARE PROVIDED “AS IS” WITHOUT WARRANTY OF ANY KIND, AND COMPANY 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 COMPANY, 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 BETA PRODUCTS REMAINS WITH RECIPIENT. 

COMPANY 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 BETA PRODUCTS OR THIS AGREEMENT, HOWEVER CAUSED AND REGARDLESS OF THE FORM OF ACTION, WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE) STRICT LIABILITY, OR OTHERWISE, EVEN IF SUCH PARTIES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT WILL COMPANY’S AGGREGATE CUMULATIVE LIABILITY FOR ANY CLAIMS ARISING OUT OF OR RELATED TO THIS AGREEMENT EXCEED $50.00 OR THE AMOUNT RECIPIENT ACTUALLY PAID COMPANY UNDER THIS AGREEMENT (IF ANY).

If the Recipient fails to comply with or use the Beta Products outlined in the current Beta Program. Recipient agrees that they may be discharged from their obligations in the Beta Program and will have to forfeit all Beta Products obtained in connection with their acceptance in the Beta Program in addition to a penalty fee up to $1000.00. Reasons for termination include but are not limited to failure to utilize the Beta Products in an applicable way within seven consecutive calendar days, failure to provide feedback, failure to cooperate with the Company’s marketing efforts, and failure to use the Beta Products as intended. The Company reserves the right to terminate or discharge any Recipient from the Beta Program at will without notice or explanation. If Recipient is found to be at fault, all penalties must be sent within five business days to the Company and if any promotional hardware, equipment, or materials were provided specifically for facilitating the Beta Products in the Recipient’s business(es) for the Beta Program, all aforementioned equipment, hardware, and materials must be returned within seven business days from the date of termination. Upon termination, all downloaded software, mobile apps or other must be deleted off of any devices used for the Beta Program. 

If, for any reason, the Recipient wishes to terminate their enrollment within the Beta Program, the Recipient must submit in writing their full name, business name, business address, and reason for unenrolling from the Beta Program. All Recipients that choose to terminate their participation in the Beta Program before the Beta Program ends (either at the end of the three month period or at will by the Company, whichever occurs first) will be subjected to a penalty of up to $1000.00 to be submitted to the Company within five business days after receiving confirmation of unenrollment from the Beta Program. In addition, all software, applications or other associated materials with the purpose of operating the Beta Products during the Beta Program are to be deleted from any equipment or hardware used during the Beta Program. If Recipient received any promotional materials, hardware or other tangible equipment (ie. mobile tablets, tablet stands, etc.) to utilize during the Beta Program, the Recipient must return all aforementioned materials, hardware, and equipment to the Company within ten business days of the termination notice. The Recipient will be responsible for any and all shipping costs, damage costs, costs to restock, and any other fees associated with returning associated equipment.

The Company reserves the right to terminate this Agreement, the Beta Program and any other similar services and programs at any time without prior notice. The Front Beta Program may end at any time before the end of the initial testing period of three months. If the Beta Program is ended prematurely by the Company and the Recipient still wishes to continue using the Beta Products, Recipients must redownload or update the Beta Products (software, mobile app or other) to the commercially available version of the Beta Products. All Recipients who continue use of said products, software or services post-Beta Program may be subjected to fees and pricing that are associated with the usage of the commercially available Beta Products. If the Recipient chooses not to continue using the commercially available Beta Products, the Recipient must delete any and all software, applications or other associated materials with the purpose of operating the Beta Products during the Beta Program. If Recipient received any promotional materials, hardware or other tangible equipment (ie. point-of-sale hardware or computers, printer(s), cash drawers, payment terminals, mobile tablets, tablet stands, etc.) to utilize during the Beta Program and have since decided to discontinue usage of the Beta Products or the commercially available version of the Beta Products (regardless of when the program ends or is terminated), the Recipient must return all aforementioned materials, hardware, and equipment to the Company within ten business days of the termination notice. The Recipient will be responsible for any and all shipping costs, damage costs, costs to restock, and any other fees associated with returning associated equipment.

All penalties and fees associated with the aforementioned termination of the Beta Program, whether by fault of the Recipient or by the Company, are subject to change without notice or cause and are to be determined by the Company on a case by case basis. These penalties and fees are mainly associated with the failure to comply with the terms laid out in this Agreement. If the Recipient chooses to terminate their usage of the Beta Products prior to the end of the Beta Program as decided by the Company, in addition to the penalty fee of up to $1000.00, the Recipient will be held responsible for any and all shipping costs, damage costs, costs to restock, and any other fees associated with returning associated equipment. Damage costs to equipment for this specific Beta Program will include but are not limited to damages to provided iPads (Apple tablets), metal tablet stand, and silicone tablet case by the Company for Beta Program usage only. If any of the provided equipment is found to have been damaged upon return, whether or not the Recipient is at fault, the Recipient will be subject to damage fees outlined below.

• If a SINGULAR iPad (Apple tablet) is found to be damaged, the Recipient will be subject to a damage fee of up to $375.00 per damaged iPad (Apple tablet).
• If the metal tablet stand is found to be damaged, the Recipient will be subject to a damage fee of up to $200.00 per metal tablet stand.
• If the silicon table case is found to be damaged, the Recipient will be subject to a damage fee of up to $50.00 per tablet case.

What constitutes as damage to equipment is subject to the Company and may change under their discretion. All products mentioned are subject to change without notice. However, all damages are still subject to the correlated costs outlined above. Other fees associated with the termination of the Beta Program may include the continuation of Beta Product usage by the Merchant. If the Recipient chooses to continue the use of the commercially available version of the Beta Products, the Recipient will be subject to monthly fee(s), contracts or conditions not applicable to the Beta Program.

The Recipient’s obligations under this Agreement shall survive any termination of this agreement. This Agreement shall be governed by and construed in accordance with the laws of Georgia. The Recipient hereby agrees that breach of this Agreement will cause Company irreparable damage for which recovery of damages would be inadequate, and that the Company 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. The Recipient will not assign or transfer any rights or obligations under this Agreement without the prior written consent of the Company.

By agreeing to the terms during the enrollment into the Beta Program, the Recipient has caused this Agreement to be executed as of the date of signing.