iPushServer.com Beta License Agreement

This Beta License Agreement is between you and Perconti Data Systems, Inc. and governs your use of the beta (test) version of iPushServer.com software, related software components, and documentation (all of which are referred to herein as the "Beta Software").

BY DOWNLOADING, INSTALLING OR USING THE BETA SOFTWARE, YOU AGREE TO BE BOUND BY THIS AGREEMENT. IF YOU DO NOT AGREE TO ALL OF THE TERMS OF THIS AGREEMENT, DO NOT DOWNLOAD, INSTALL OR USE THE BETA SOFTWARE. Evaluation License. The Beta Software is licensed to you solely for evaluation purposes. This is Beta test software, and as such, WILL CONTAIN BUGS AND MAY CAUSE DATA LOSS. You may make one (1) copy of the Beta Software in machine readable form solely for back-up purposes, provided you reproduce the Beta Software in its original form and with all proprietary notices on the back-up copy.

Restrictions on Use. You may not:

•   • Reproduce the Beta Software except as described in this Agreement;
•   • Sell, assign, license, disclose, or otherwise transfer or make available the Beta Software or any copies of the Beta Software in any form to any third parties;
•   • Alter, translate, decompile, or attempt to reverse engineer the Beta Software, subject to applicable law which permits such activity notwithstanding this contractual prohibition;
•   • Remove or alter any proprietary notices or marks on the Beta Software;
•   • Use the Beta Software for production use;
•   • Disclose any documentation or software to anyone for any reason.

Production use includes, without limitation, providing, or offering to provide, any service using the Beta Software; using the Beta Software to provide web design or other services to commercial and non- commercial websites; receiving compensation from others for copies or modified copies of the Beta Software; hosting, or offering to host, the Beta Software, on any basis; receiving compensation for any service that uses the Beta Software, including support services. Perconti Data Systems, Inc. shall have the right to determine, in its sole discretion, whether a use is a commercial use or non-personal use. Perconti Data Systems, Inc. owns all rights, title and interest in and to the Beta Software. All rights not expressly granted to you are retained by Perconti Data Systems, Inc. Your use shall be in accordance with applicable restrictions concerning privacy and intellectual property rights.

Credit. In order to help us get out the good word about the Beta Software, you agree to display at least one "Powered by iPushServer.com" credit giving graphic, or text credit on the main page of your website, application, or application documentation. This graphic may be downloaded from: iPushServer.com. All copyright and other notices and logos contained in the downloadable graphic must remain intact.

Personal Information and Privacy. We may ask you to provide certain information about you during the Beta Software downloading process. All personal information that you provide to us will be governed by the Privacy Policy, which is available at: iPushServer.com. Also, we'd like to get your feedback on the Beta Software so we can keep improving it. You agree to answer questions regarding the Beta Software posed by us from time to time.

Technical Support. Technical support is provided for the Beta Software using email to beta@ipushserver.com. No Warranty. THE BETA SOFTWARE IS BEING DELIVERED TO YOU "AS IS" AND PERCONTI DATA SYSTEMS, INC. AND ITS SUPPLIERS MAKE NO WARRANTY AS TO ITS USE, RELIABILITY OR PERFORMANCE. PERCONTI DATA SYSTEMS, INC. AND ITS SUPPLIERS DO NOT AND CANNOT WARRANT THE PERFORMANCE OR RESULTS YOU MAY OBTAIN BY USING THE BETA SOFTWARE. PERCONTI DATA SYSTEMS, INC. AND ITS SUPPLIERS MAKE NO WARRANTIES, EXPRESS OR IMPLIED, AS TO NONINFRINGEMENT OF THIRD PARTY RIGHTS, TITLE, MERCHANTABILITY, OR FITNESS FOR ANY PARTICULAR PURPOSE. YOU ASSUME ALL RISK ASSOCIATED WITH THE QUALITY, PERFORMANCE, INSTALLATION AND USE OF THE BETA SOFTWARE INCLUDING, BUT NOT LIMITED TO, THE RISKS OF PROGRAM ERRORS, DAMAGE TO EQUIPMENT, LOSS OF DATA OR BETA SOFTWARE PROGRAMS, OR UNAVAILABILITY OR INTERRUPTION OF OPERATIONS. YOU ARE SOLELY RESPONSIBLE FOR DETERMINING THE APPROPRIATENESS OF USE THE BETA SOFTWARE AND ASSUME ALL RISKS ASSOCIATED WITH ITS USE.

Indemnification. You agree to indemnify and hold Perconti Data Systems, Inc., parents, subsidiaries, affiliates, officers and employees, harmless from any claim or demand, including reasonable attorneys' fees, made by any third party due to or arising out of your use of the Beta Software, or the infringement by you, of any intellectual property or other right of any person or entity.

Limitation of Liability. IN NO EVENT WILL PERCONTI DATA SYSTEMS, INC. OR ITS SUPPLIERS BE LIABLE TO YOU FOR ANY INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, CONSEQUENTIAL, OR OTHER DAMAGES WHATSOEVER, OR ANY LOSS OF REVENUE, DATA, USE, OR PROFITS, EVEN IF A PERCONTI DATA SYSTEMS, INC. REPRESENTATIVE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, AND REGARDLESS OF WHETHER THE CLAIM IS BASED UPON ANY CONTRACT, TORT OR OTHER LEGAL OR EQUITABLE THEORY. Some States do not allow the exclusion or limitation of incidental or consequential damages, or the exclusion of implied warranties or limitations on how long an implied warranty lasts, so the above limitations or exclusions may not apply to you.

Term and Termination. This Agreement will automatically expire on the first day Perconti Data Systems, Inc. makes available the production version of the Beta Software (as announced on the Perconti Data Systems, Inc. web site www.iPushServer.com), unless earlier terminated as set forth below in this paragraph. Either Perconti Data Systems, Inc. or you may terminate this Agreement at any time. This Agreement shall terminate automatically, without notice, if you fail to comply with the terms of this Agreement. Upon any termination of this Agreement, you must discontinue use of the Beta Software and uninstall and destroy all copies of the Beta Software you have obtained or made.

Modification. Perconti Data Systems, Inc. may modify the Beta Software and this Beta Agreement with notice to you either in email or by publishing content on the iPushServer.com website, In the event Perconti Data Systems, Inc. modifies the Beta Software or the Beta Agreement, you may terminate this Beta Agreement and cease using of the Beta Software. Perconti Data Systems, Inc. may terminate the Beta Agreement or the Perconti Data Systems, Inc. Service at any time, with or without notice.

Governing Law. This Agreement will be governed by the laws of the United States of America and the State of Florida, excluding the application of its conflicts of law rules. You consent to the personal and exclusive jurisdiction and venue of the state and federal courts located in Pinellas County, Florida

General. The Beta Agreement constitutes the entire agreement between you and Perconti Data Systems, Inc. and governs your use of the Beta Software, superceding any prior agreements between you and Perconti Data Systems, Inc.. If any provision of this Beta Agreement is held by a court of competent jurisdiction to be contrary to law, such provision will be changed and interpreted so as to best accomplish the objectives of the original provision to the fullest extent allowed by law and the remaining provisions of this Beta Agreement will remain in full force and effect. The parties acknowledge that the manufacture and sale of the Beta Software is subject to the export control laws of the United States of America, including the U.S. Bureau of Export Administration regulations, as amended, and hereby agree to obey any and all such laws. You may not assign this Beta Agreement, and any assignment of this Beta Agreement by you will be null and void.

Arbitration and Venue. All parties to this agreement expressly agree that any claim or controversy arising out of or relating to this agreement, or breach thereof, shall be settled by arbitration before an arbitrator or arbitrators and in accordance with the Commercial Arbitration Rules of the American Arbitration Association, and any judgment rendered by the arbitrator or arbitrators may be entered in any court having jurisdiction thereof.

Contact Information. If you have any questions about this Agreement, please contact us at beta@iPushServer.com.