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The following terms and conditions under this Section 3.0, the General Terms and Conditions Applicable to All Accounts under Section 3.0 and the Definitions under Section 7.0 of this Agreement apply to TFSA and Registered Retirement Accounts you open with us and you agree to the terms and conditions under those sections.
BETA TESTING TERMS & CONDITIONS ADDENDUM
What is the motusbank beta program?
The beta program is an opportunity for our membership to use the latest mobile or online products we have built before they are officially released. members who choose to participate in the beta program are encouraged to provide their positive or negative feedback, as well uncovering any bugs or issues they encounter. This gives participating members a chance to help shape our mobile or online products before their official release.
Beta Testing Terms & Conditions Addendum
This motusbank Beta Testing Terms & Conditions Addendum (the “Addendum”) governs your access to and use of a non-public, not generally available, beta version of the motusbank mobile banking application (collectively, the “Beta Service”), and hereby amends and is incorporated into the motusbank Account Agreement between motusbank and you as of the date you agree to this Addendum (“Addendum Effective Date”).
You are invited to evaluate the Beta Service beginning on the Addendum Effective Date, and ending on the sooner of either (a) the date motusbank launches a public beta of the Beta Service, or (b) motusbank terminates this Addendum in accordance with Section 8 below (such period, the “Evaluation Period”).
The motusbank Account Agreement shall apply to the Beta Service except as otherwise agreed. If there is any conflict between this Addendum and the motusbank Account Agreement, the Addendum shall govern with respect to the Beta Service only, and the motusbank Account Agreement shall govern in all other matters. This Addendum shall only apply to the Beta Service.
1. License. motusbank hereby grants you a limited-term, non-exclusive, non-sublicensable, non-transferable, revocable license to access and use the Beta Service internally during the Evaluation Period. Except as expressly provided in this Addendum, you have no rights to access or use the Beta Service. For clarity, motusbank and its licensors shall own all right, title, and interest in and to the Beta Service. motusbank reserves all rights not expressly granted to you in this Addendum.
2. Use and Responsibility. You acknowledge that you responsible for any use and access to the Beta Service originating from your account. The Beta Service (including any Beta Service feature names) is the Confidential Information (defined below) of motusbank, and is experimental, pre-release, and may not function as expected. For the purposes of this Addendum, “Confidential Information” is defined as any information relating to beta testing progress and results, the feedback, any product-related information and any other proprietary technology or know-how provided to you in whatever form by motusbank.
3. Trade Secrets and Confidentiality. You acknowledge that the Beta Service is confidential and proprietary to motusbank and contains trade secrets. You hereby agree that you shall not disclose any information relating to the Beta Service (including, but not limited to, its existence, name, design and performance capabilities, the results of any performance/benchmark tests, and any authorization codes or license keys) to third parties without the prior written permission from motusbank. You shall treat all information regarding the Beta Service provided by motusbank as Confidential Information, subject to non-disclosure obligations under the motusbank Account Agreement.
4. Feedback. Feedback and other information which is provided by your or derived by motusbank in connection with this Addendum may be used by motusbank to improve or enhance its service and motusbank shall have a non-exclusive, perpetual, irrevocable, royalty-free, worldwide right and license to use, modify and otherwise exploit such feedback and information without restriction, provided that the public disclosure of any such feedback or information identifiable to you shall only be by the mutual agreement of you and motusbank.
5. Support and Updates. Notwithstanding anything to the contrary in the motusbank Account Agreement:
a. motusbank shall have no obligation to support or provide support services to you relating to the Beta Service. motusbank may, however, make such services available to you at its sole discretion.
b. motusbank may from time to time make available updates, enhancements and/or modifications to the Beta Service and may, at its sole discretion, provide such updates to you, but is under no obligation to do so. The provision by motusbank to you of such updates, enhancements and/or modifications to the Beta Service shall be subject to all covenants and conditions of this Addendum, including, but not limited to, the restrictions on your use of the Beta Service and motusbank’s disclaimer of warranties.
6. Limitation of Liability. NOTWITHSTANDING ANYTHING TO THE CONTRARY, IN NO EVENT WILL MOTUSBANK OR ITS LICENSORS BE LIABLE TO YOU OR ANY OTHER PARTY FOR DAMAGES OF ANY KIND ARISING FROM THIS ADDENDUM OR THE USE OF THE BETA SERVICE, WHETHER RESULTING FROM TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT OR OTHER FORM OF ACTION, INCLUDING BUT NOT LIMITED TO LOSS OR INACCURACY OF DATA, INTERRUPTION OF USE, LOSS OF PROFITS OR REVENUE, OR DIRECT, INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES OF ANY KIND, EVEN IF MOTUSBANK HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
7. Warranty. YOU ACKNOWLEDGE AND AGREE THAT THE BETA SERVICE IS IN AN EARLY STAGE OF DEVELOPMENT, IS EXPERIMENTAL AND THAT MOTUSBANK DOES NOT WARRANT THE BETA SERVICE IN ANY WAY, INCLUDING BUT NOT LIMITED TO PERFORMANCE OR FEATURES OF THE BETA SERVICE. ALL WARRANTIES REGARDING THE BETA SERVICE, INCLUDING, WITHOUT LIMITATION, ALL WARRANTIES OF FITNESS FOR A PARTICULAR PURPOSE, MERCHANTABILITY, NON-INFRINGEMENT, OR ANY OTHER WARRANTY, WHETHER EXPRESS OR IMPLIED, ARE HEREBY DISCLAIMED BY MOTUSBANK.
THE BETA SERVICE IS PROVIDED “AS IS” FOR EVALUATION AND TESTING PURPOSES ONLY, AND OWING TO ITS EXPERIMENTAL NATURE, YOU ARE ADVISED NOT TO RELY ON THE FEATURES OR PERFORMANCE OF THE BETA SERVICE FOR ANY REASON. YOU AGREE TO USE THE BETA SERVICE WITH ALL DUE CAUTION, AND TO TAKE EVERY PRECAUTION TO ENSURE THE INTEGRITY OF DATA, HARDWARE, AND SOFTWARE IN THE SOFTWARE'S OPERATING ENVIRONMENT. NOTWITHSTANDING ANYTHING TO THE CONTRARY IN THE MOTUSBANK ACCOUNT AGREEMENT, YOU FURTHER AGREE THAT MOTUSBANK SHALL NOT BE HELD LIABLE FOR ANY DAMAGES, INCLUDING BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES OR DAMAGES FOR LOSS OF PROFITS, REVENUE, DATA OR USE, INCURRED BY YOU OR ANY THIRD PARTY, WHETHER IN AN ACTION IN CONTRACT OR TORT, EVEN IF MOTUSBANK HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
8. Term and Termination. motusbank shall have the right, at its sole discretion, to terminate this Addendum immediately with or without cause upon written notice to you. In addition, this Addendum shall terminate automatically upon any termination of the Beta Service or motusbank Account Agreement between you and motusbank. Sections 3 and 5 - 9 shall survive any termination or expiration of this Addendum.
9. Commercial Availability. Nothing in this Addendum shall be deemed to require motusbank to make the Beta Service commercially available on any particular date nor does motusbank make any such representation or warranty, express or implied, regarding any such commercially available version. Nothing in this Addendum shall be deemed to convey to you the rights to use a commercially released version of the Beta Service or any components thereof, if and when such are available. Use of such commercial product shall be subject to the motusbank Account Agreement or such other terms and conditions as motusbank requires in connection with such service.
11. Entire Agreement. This Addendum (together with the documents to which they refer) contain the whole agreement between you and motusbank relating to the use of the Beta Service.