Other. This agreement does not create partnerships, agency relationships or joint ventures between the parties. Any assignment of this contract by the client, in whole or in part, without PlanGrid`s prior written consent, is null and void, with the exception of an assignment to a successor who is not a competitor to PlanGrid, which is related to a merger or sale of all or part of the client`s assets or shares or related entity. If this agreement is translated into a language other than English, the translation is only for convenience and the English version is determined. If a provision of this agreement is not applicable, that provision is amended to be applicable to the full extent possible, in order to undermine the intent of the parties, without prejudice to the other provisions. If PlanGrid does not assert a right under this agreement, it is not a waiver of that right or an opportunity to assert that right later in relation to the situation in question. This agreement contains all the calendars and parts attached to it. These documents include the entire agreement between the Client and PlanGrid regarding the purpose of this Agreement and replace all prior commitments, agreements and agreements, written or orally. This agreement can only be amended, amended or amended by a properly executed written deed. Any communication that PlanGrid will provide to the customer under this contract may be transmitted in writing (a) by a nationally approved delivery service for overnight stays (“courier”) or by e-mail to the postal address indicated by the customer on each form; or b) e-mail to the email address provided to the owner of the existing customer account.
Customers must report PlanGrid by email or email in writing to PlanGrid, Inc., Attn: Legal Department, 2111 Mission St., 4th Floor, San Francisco, CA 94110 USA. All notifications are deemed to be immediately after delivery by email or, if they were sent after receipt or, if earlier, two (2) business days after depositing in the post office or with a courier, as authorized above. You cannot cede the agreement without PlanGrid`s prior written consent. Subject to the above, the agreement binds the parties and their respective directors, successors and beneficiaries. Although both approaches have their merits, click-wrap agreements offer a legal and strategic advantage that makes them preferable for betas. First, the explicit consent of your users prevents situations in which they may claim not to have been aware of the notification of the agreement. In legal precedents, Browse Wrap agreements have a much longer record of non-enforceable, as it is up to the court to determine whether your communication was striking enough. Second, as we have already said, formalizing the agreement with your testers helps them understand the importance of their role.
Click-wrap agreements, by requiring explicit consent, make your testers more likely to read and comply with the agreement. This clause, also known as the beta “non-responsibility clause,” explicitly states that the “AS IS” application provided is authorized and contains errors and stability issues. Testing is the only goal behind the use of the application and the developer disclaims any responsibility for data loss, damage or loss of profit resulting from the use of the beta application. Similarly, the developer refuses all explicit and unspoken guarantees for the application to be tested and the tester uses the application at his own risk.