Whakamana Digital Enablement Platform

Testing Participation Agreement

Testing Participation Agreement

Scope of this Agreement

The Software-Product accompanying this Agreement as a pre-release copy and all affiliated materials, including documentation and information (collectively the “Product”), is copyrighted. Scope of this agreement is the licensing (not selling) of the “Product” to You, as the ‘user’ (either an individual or an entity). The Massive Collective reserves all rights not expressly granted.

Eligibility and Enrollment

Please read and agree to the following terms and conditions, if you wish to be eligible to participate in the Closed AlphaTesting. However, we do not guarantee that you will be selected to participate in the Alpha Testing.

By submitting your details, you acknowledge that: (1) you are 13 years of age or older, and if you are between age 13 and 18, you have obtained consent from your parent or guardian; and (2) you have read, understood, and accepted the terms and conditions of this agreement.”

Copyrights and Ownership

Ownership and Copyright of Software Title to the Software and all copies thereof remain with The Massive Collective and/or its suppliers. The Software is copyrighted and is protected by New Zealand copyright laws and international treaty provisions. Licensee will not remove copyright notices from the Software. Licensee agrees to prevent any unauthorized copying of the Software. Except as expressly provided herein, The Massive Collective does not grant any express or implied right to you under The Massive Collective patents, copyrights, trademarks, or trade secret information.

License and Acceptable Use

Limited License. You are entitled to access, download or install, and operate the software solely for the purposes of performing your obligations under this Agreement. You may not sell, license, or transfer the software or platform, or reproductions of the software/platform to other parties In any way. 

Disclaimer of Liability and Warranties

Limitation on Liability Provision of any Software under this Agreement is experimental and shall not create any obligation for The Massive Collective to continue to develop, productise, support, repair, offer for sale or in any other way continue to provide or develop Software either to Licensee or to any other party. the software is provided “as is” without any express or implied warranty of any kind including warranties of merchantability or fitness for any particular purpose. in no event shall The Massive Collective or its suppliers be liable for any damages whatsoever (including, without limitation, damages for loss of profits, business interruption, loss of information) arising out of the use of or inability to use the software, even if The Massive Collective has been advised of the possibility of such damages.

Term and Termination

Unless otherwise terminated as specified under this Agreement. Licensee’s rights with respect to Whakamana will terminate upon the earlier of (a) the initial commercial release by The Massive Collective of a generally available version of Whakamana or (b) automatic expiration of the Whakamana based on the system date. Either party may terminate this Agreement at any time for any reason or no reason by providing the other party advance written notice thereof. The Massive Collective shall immediately terminate this Agreement and any Licensee rights with respect to the Whakamana without notice in the event of improper disclosure of The Massive Collective Software deemed under Confidentiality. Upon any expiration or termination of this Agreement, the rights and licenses granted to Licensee under this Agreement shall immediately terminate, and Licensee shall immediately cease using Whakamana.

Feedback

Testers agree to report any flaws, errors or imperfections discovered in any software or other materials where The Massive Collective has been granted access to the Testing of Whakamana. Testers understand that prompt and accurate reporting is the purpose of the Testing and undertakes to use best efforts to provide frequent reports on all aspects of the product both positive and negative and acknowledges that any improvements, modifications and changes arising from or in connection with the Testers contribution to the Project, remain or become the exclusive property of the Disclosing Party”

Confidentiality and Non-Disclosure

The Tester will not disclose Software or any comments regarding Software to any third party without the prior written approval of The Massive Collective. The Tester will maintain the confidentiality of Whakamana with at least the same degree of care that you use to protect your own confidential and proprietary information, but not less than a reasonable degree of care under the circumstances. The Tester will not be liable for the disclosure of any confidential information which is:

(a.) in the public domain other than by a breach of this Agreement on Tester’s part; or (b.) rightfully received from a third party without any obligation of confidentiality, or (c.) rightfully known to Tester without any limitation on use or disclosure prior to its receipt from The Massive Collective; or (d.) generally made available to third parties by The Massive Collective without restriction on disclosure.

Support

During your participation in the Testing Program or in a particular seed. The Massive Collective is not obligated to provide you with any maintenance, technical or other support for the Pre-Release Software. You agree to abide by any support rules and policies that The Massive  Collective provides to you in order to receive such support. You acknowledge that The Massive  Collective has no express or implied obligation to announce or make available a commercial version of the Pre-Release Software to anyone in the future. Should a commercial version be made available, it may have features or functionality that are different from those found in the Pre-Release Software licensed hereunder.”

Privacy Policy

The Massive Collective adheres to the New Zealand Privacy Policy Act 2020. You acknowledge and agree that by participating in the Testing Program or by using Whakamana, The Massive Collective may receive certain information about you. including personally identifiable information.

Fees and Payment

There are no license fees for the Licensee’s use of Whakamana under this Agreement.

Licensee is responsible for all costs and expenses associated with the use of Whakamana and the performance of all testing and evaluation activities. This could include Domain Names, Custom Software Development Work or Custom Design Activities.

Modification

This is the entire agreement between the parties relating to the subject matter hereof and all other terms are rejected. No waiver or modification of this Agreement shall be valid unless in writing signed by each party. The waiver of a breach of any term hereof shall in no way be construed as a waiver of any term or other breach hereof. If any provision of this Agreement is held by a court of competent jurisdiction to be contrary to law the remaining provisions of this Agreement shall remain in full force and effect.

Assignment.

This Agreement is personal to Tester. Tester shall not assign or otherwise transfer any rights or obligations under this Agreement.

Severability

If any provision of this Agreement shall be found by a court to be void, invalid or unenforceable, the same shall be reformed to comply with applicable law or stricken if not so conformable, so as not to affect the validity or enforceability of this Agreement.

Governing Law and Jurisdiction / Arbitration

This Agreement shall be governed by and construed in accordance with the laws of New Zealand. as If performed wholly within the state and without giving effect to the principles of conflict of law rules of any jurisdiction or the United Nations Convention on Contracts for the International Sale of Goods, the application of which is expressly excluded. Any legal action or proceeding arising under this Agreement will be brought exclusively in courts located in Wellington, New Zealand and the parties hereby consent to personal jurisdiction and venue therein.

The Massive Collective is a collection of professionals banded together as a Digital Agency specialising in Strategic & Business Development, Consultancy and Product & Service Development services.

All though primarily based in Wellington, Aotearoa, we are an entirely virtual team who function across all Aotearoa, Australia and with some overseas on their OE (overseas experience).

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