As part of our new product development process, Castle Creations occasionally delivers development “Beta Devices” to an approved group of “Beta Testers” prior to commercial release in exchange for their agreement to test and evaluate the Beta Devices in accordance to the terms and conditions set forth below. The following agreement defines your obligations to Castle and to others should you volunteer and be accepted as a Castle Beta Team member. This agreement contains all of the terms of the relationship.
The Products
Beta Devices supplied by Castle Creations to Beta Team Members are "beta-level" products that may not exhibit performance that meets design expectations. Beta Devices may not perform as documented or otherwise represented.
Responsibilities of Beta Team Members
You are responsible for ensuring cautious usage of the Beta Devices, as you hereby represent to Castle that you fully understand the risks and dangers associated with the operation of high-powered electrical components, batteries and radio controlled craft in general. You are responsible for any damage to your personal property that may be caused directly or indirectly by any Beta Device supplied by Castle. You agree to indemnify Castle for any damage caused to you, your property, and/or third parties or their property as a result of your usage of Castle Beta Devices regardless of the performance or possible malfunction of the Castle Beta Device(s).
You understand that Castle provides the Beta Device to you with no warranty, either expressed or implied. Castle shall not be deemed to have made any representation or warranty as to the merchantability, fitness for a particular purpose, design or condition of, or as to the quality of the material or workmanship in the Beta Device(s) or any accompanying instructions or specifications. In no event shall Castle be liable for any consequential, incidental or special damages whatsoever arising out of the use of or inability to use the Beta Device(s), even if Castle has been advised of the possibility of such damages.
You will notify Castle of any and all functional flaws, errors, anomalies or problems directly or indirectly associated with the Castle Beta Device. You agree to respond fully to any and all reasonable inquiries, questionnaires, surveys and other test documents submitted to you by Castle Creations.
You agree that all right, title and interest to any reports, feedback, or suggestions relating to any improvement of the Castle Beta Device, other Castle products, or any invention relating to an improvement of any Castle product conceived in, or made as a result of, your participation in this program shall become the exclusive property of Castle Creations. Castle Creations may disclose or use your feedback, reports or suggestions for any purposes whatsoever, entirely without obligation of any kind to you.
You will not disassemble, decompile, or in any way reverse engineer the Beta Devices.
You agree to pay your entire incidental costs associated with the testing of the Castle Beta Devices, unless otherwise agreed to in writing by an officer of Castle Creations. This includes any and all damages to your personal RC aircraft, boat or vehicle.
You agree that the Beta Device is solely for testing purposes and you will not reproduce, sell, transfer or otherwise distribute the Beta Device or any specifications or instructions, or any copies thereof, to any third party.
You agree that the Beta Device will be used only in conformance with Castle Creations’ instructions and in an operating environment recommended by Castle Creations. Castle may amend the instructions and usage specifications at its sole discretion.
The release of the Beta Device to you does not constitute a commercialization of the Beta Device or it’s design, it is a release for testing purposes only. Nothing herein shall be construed as expressly or impliedly granting any license for, or right to, any patents, copyrights, trademarks, or other ideas made, conceived, acquired or owned by Castle Creations.
You agree not to photograph, video record or electronically scan any Beta Devices except for the purpose of providing Beta Test information and data back to Castle Creations exclusively.
Confidentiality
You acknowledge and agree that the Beta Devices may contain or represent confidential, proprietary information of significant value to Castle Creations, including trade secrets, know-how, ideas, intellectual property, inventions, plans, computer programs, etc., all of which are hereinafter referred to as "Confidential Information."
You agree not to disclose any Confidential Information. You agree that you will not, either during the term hereof, or for a period of two (2) years after the termination of this Agreement, directly or indirectly, make use of or divulge the Confidential Information to any person, firm, corporation, entity or business organization.
You shall at all times exercise your best efforts to prevent the publication or disclosure of Confidential Information or any information concerning the business, accounts or finances of, or any of the methods of doing business used by Castle Creations or of the dealings, transactions, or affairs of Castle Creations or any of its customers which have or which may have come to Tester's knowledge during the term of this Agreement.
You shall promptly notify Castle Creations if you become aware of any unauthorized disclosure or use of the Confidential Information.
Term And Termination
Castle Creations may terminate this Agreement at any time. Castle Creations may elect to discontinue development or repair work on the Beta Device(s) for any reason whatsoever. Castle Creations may terminate this Agreement immediately if you breach any provision(s) of this Agreement.
This Agreement shall begin on the date Castle Creations receives the completed agreement and shall remain in force and effect for a period of two (2) years after you deliver written notice to Castle of your withdrawal from the Castle Beta Tester Program.
Miscellaneous
This Agreement contains the entire agreement between the parties pertaining to the subject matter hereof. Both parties must consent to any modifications or amendments to this Agreement in writing.
You hereby acknowledge that unauthorized disclosure or use of the Beta Device and/or Confidential Information will cause substantial and irreparable injury to Castle Creations, that money damages would not adequately or entirely compensate for such injury, and that Castle Creations therefore is entitled to, among other remedies, immediate injunctive and other equitable relief for any breach of this Agreement.
This Agreement shall be binding upon and shall inure to the benefit of the parties, their successors, legal representatives and assigns. Notwithstanding the foregoing, you may not assign any rights or obligations hereunder without the prior written consent of Castle Creations.
In the event of a dispute regarding this Agreement, the prevailing party shall be entitled to recover reasonable attorney's fees and costs incurred in enforcing its rights hereunder.
This Agreement shall be governed by and construed pursuant to the laws of the state of Kansas, and parties agree that any dispute shall be settled in a court of the state of Kansas.
If you are in agreement with the requirements and guidelines as outlined above and will do your best to meet them at all times during a “beta test”, please complete the “Beta Tester Application and Agreement Form”. Please provide as much information as possible as our Product Development Team will then review your application and you will be contacted via email regarding your acceptance or denial as a Beta Tester.
