123456789101112131415161718192021222324252627282930313233343536373839404142434445464748495051525354555657585960616263646566676869707172737475767778798081828384858687888990919293949596979899100101102103104105106107108109110111112113114115116117118119120121122123124125126127128129130131132133134135136137138139140141142143144145146147148149150151152153154155156157158159160161162163164165166167168169170171172173174175176177178179180181182183184185186187188189190191192193194195196197198199200201202203204205206207208209210211212213214215216217218219220221222223224225226227228229230231232233234235236237238239240241242243244245246247248249250251252253254255256257258259260261262263264265266267268269270271272273274275276277278279280281282283284285286287288289290291292293294295296297298299300301302303304305306307308309310311312313314315316317318319320321322323324325326327328329330331332333334335336337338339340341342343344345346347348349350351352353354355356357358359360361362363364365366367368369370371372373374375376377378379380381382383384385386387388389390391392393394395396397398399400401402403404405406407408409410411412413414415416417418419420421422423424425426427428429430431432433434435436437438439440441442443444445446447448449450451452453454455456457458459460461462463464465466467468469470471472473474475476477478479480481482483484485486487488489490491492493494495496497498499500501502503504505506507508509510511512513514515516517518519520521522523524525526527528529530531532533534535536537538539540541542543544545546547548549550551552553554555556557558559560561562563564565566567568569570571572573574575576577578579580581582583584585586587588589590591592593594595596597598599600601602603604605606607608609610611612613614615616617618619620621622623624625626627628629630631632633634635636637
`Project CAIN' Windows95 Beta Tester Application Form
-----------------------------------------------------
Intershop Ltd now has ready for Beta testing a a 32bit terminal
program with more functionality than TERMINATOR 2 that is
specifically designed to operate on the Windows95 platform.
The code name for this whole series of terminal programs in DOS, Warp
and Windows95 flavours has been (and remains) `Project CAIN' so the
abbreviation for this Beta Windows95 version is `PC95'
The primary requirement for Beta testers ( - apart from their
willingness to understand and comply with the requirements of the
External Test Agreement appended below) is the ability to communicate
information to Intershop Ltd lucidly, comprehensively and quickly.
Obviously, they also need to be running Microsoft's Windows95!
So, if we can't understand your completed application form, or it is
incomplete, it goes without saying that you will NOT be accepted as a
Beta tester for PC95.
After you have printed out, completed and signed the form and
agreement below please send them to:
Intershop Ltd
PC95 External Test
194 Woodlands Road
GLASGOW
Scotland
G3 6LN
together with
1) A photocopy of the personal details page of your Passport, Driving
Licence or some other acceptable documentary proof of ID.
2) A self adhesive label with your address information
3) The Returnable Security Deposit of °100 sterling or eqivalent. This
may ONLY be in the form of EITHER
a) A cheque drawn on a British clearing bank in the amount of °100
made payable to Intershop Ltd
OR
b) Current banknotes to a total face value of °100 sterling issued by
the Royal Bank of Scotland, The Bank of Scotland, The Clydesdale
Bank, The Bank of England, the States of Guernsey, States of Jersey,
the Government of the Falkland Islands, the Government of Gibraltar,
the Isle of Man or any Northern Irish Bank.
OR
c) Current banknotes to a total face value of $160 US Dollars issued
by the US Treasury or Federal Reserve
OR
d) Current banknotes to a total face value of DM230 Deutschemark
issued by the Deutsche Bundesbank
=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-
When entering information below, please expand each section where
necessary in your judgement (eg. if you're running multiline, please
repeat relevant sections). If a question does not apply to you, then
please enter "NA" for Non Applicable...
----------------------------------------------------------------------
General information - in confidence
----------------------------------------------------------------------
Name :
Age and Date of Birth :
Snailmail address :
:
:
:
:
Occupation :
Employer :
Voice number(s) :
Fax number :
BBS number :
e-mail address :
Other :
----------------------------------------------------------------------
Computer hardware
----------------------------------------------------------------------
Computer (CPU etc) :
Type of HD controller :
Graphics adapter :
Network adapter :
Other :
Modem (brand and models):
:
:
serial card types :
:
:
16550xxx installed? :
----------------------------------------------------------------------
Computer software
----------------------------------------------------------------------
Please provide a printout of some analysis tool's results (eg.
MSD.EXE from Microsoft)
Network OS? :
Other :
:
:
:
:
----------------------------------------------------------------------
FidoNet software if applicable {aimed at SysOps of public systems}
----------------------------------------------------------------------
Mailer Software :
Version No. :
Registered? :
BBS Software :
Message editor :
Echomail tosser :
FileEcho program :
Other :
:
:
:
:
:
:
----------------------------------------------------------------------
Your experience with datacomms: expand fields as required!
----------------------------------------------------------------------
What comms software and :
versions have you used? :
:
:
:
:
:
:
:
:
:
What are you CURRENTLY :
using? :
:
:
:
:
:
:
:
:
:
:
:
- If you are a beta tester for other applications, please specify:
- If you, your company or your employers are developing Comms
applications or use Comms as part of their business, please specify:
Why do you think you :
should be in the PC95 :
test team? :
:
:
:
:
:
:
:
Please specify anything :
else that you think is :
relevant :
----------------------------------------------------------------------
Notes
----------------------------------------------------------------------
If you are accepted on the PC95 Beta External Test program, you will
test potentially `unstable' software on your system which could result
in data loss or physical damage and this will be at YOUR risk!
(Please read the legal agreement below thoroughly!)
You will be required to do your best to `push' PC95 to attempt an
`undocumented situation' or 'functional failure' to occur. Merely
USING the software is not acceptable. We need *FEEDBACK* on a regular
basis to enable prompt releases of future/updated versions.
You will be given a password and account name to use on our internal
private BBS's in Sark and/or Scotland and will be expected to
read/download all new/relevant ECHOS/files relating to PC95 at least
twice a week. (We plan to also have an ftp'able site, but we can NOT
guarantee this.) At least once every TWO WEEKS you will expected to
post a message in one of the relevant areas stating which reported
`problems' *don't* happen on your system. At no point can you be
running more than ONE version number behind the CURRENT beta version
of PC95
For most people, then, acceptance on the PC95 program will involve
significant telephone call costs!
Parts of your BETA application (hardware sections) may be made
available to other BETA TEAM members, so any problems you report can
be tested by other TEAM members with differing hardware. This is so we
can easily identify situations which are, perhaps, only hardware
related.
=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-
In the legal agreement below you need to
a) write in at the top the date you are signing it, for example:
"This External Test Agreement, effective this tenth day
of November 1995"
b) substitute your own correct name, address and voice telephone
number for that of Rodercik Begbie which has been used only as an
example and place holder.
c) sign your legal name at the bottom and post the original hard copy
to us (the portion of the agreement that refers to electronic
transmission is only relevant to existing testers - and they know
who they are!)
-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=
-=<"Project CAIN" software: EXTERNAL TEST AGREEMENT>=-
(Including Confidentiality and Non-Disclosure)
This External Test Agreement, effective this day
of 1995 by and between Intershop Ltd, a scottish
corporation whose registered office is at 194 Woodlands Road, Glasgow,
G3 6LN and with a normal place of business at The Software Factory,
Rue du Moulin, Isle of SARK, GY9 0SA, the copyright owners of the
"Project CAIN" software (hereinafter referred to as `Publisher')
and
Rodercik Begbie of
Mains House
Tillicoultry
Clackmannanshire
FK13 6PQ Telephone 0131-449 4939
(hereinafter referred to as `Tester').
WHEREAS, Publisher has Unreleased Software and Publisher, at their sole
discretion, is willing to provide Tester with advance access to use
Unreleased Software as well as to let Tester test the Unreleased Software
WHEREAS, Publisher is willing to grant Tester a non-exclusive, restricted
licence to Test the Unreleased Software and Tester is willing to assist
Publisher in Testing the Unreleased Software and also pay a Returnable
Security Deposit of one hundred pounds sterling (°100) or equivalent
NOW THEREFORE, in consideration of the mutual covenants and promises
contained herein, as well as other good and valuable consideration, the
receipt and sufficiency of which are acknowledged, Publisher and Tester
agree as follows:
1. Definitions.
Whenever used in this Agreement, the following terms
shall have the following specified meanings:
A. 'Competitors' shall mean those persons and entities that design,
develop, manufacture, or market computer Software or programs that are
competitive with all or part of the Software or programs designed,
developed, manufactured, or marketed by Publisher, including, but not
limited to, deltaComm Development (including the Telix trade name),
Mustang Software International (including the QModem trade name), and
Datastorm Technologies (including the ProComm trade name).
B. 'Person' means any individual, corporation, partnership, trust,
association or other entity.
C. 'Unreleased' shall mean entirely new versions of Software by The
Publisher or new versions of existing Software by The Publisher prior to
commercial release by The Publisher, including commercial release by a
licensee of The Publisher, and, specifically, prior to expiration of the
term of this Agreement or written notification of release by Publisher
to Tester.
D. 'Software' shall mean every component, service, or promotional part
of software created or licensed by Publisher, including any additions
thereto, whether it is a tangible or intangible part, and, without
limitations, including computer executable software program code,
non-executable data files, user documentation, user manuals, technical
documentation, magnetic media, report generation software, report forms,
instructions, marketing material, support procedures, The Publisher's
'Test Procedures Handbook', and any other materials, devices, or
information provided to Tester by The Publisher under the terms of this
Agreement. The Publisher, at their sole discretion, may elect to
reference Unreleased Software by their usual Publisher name and version
or equivalent, or by a code name designated by The Publisher.
E. 'Test' is defined as:
i) Evaluating the technical and market acceptability of the
Unreleased Software
ii) Suggesting changes, enhancements and modifications to the Unreleased
Software Product that might let a commercial release of the Unreleased
Software Product better meet Tester's real, perceived, or potential
wants, needs, desires, or expectations
iii) Identifying real, perceived, or potential strengths, benefits,
advantages, capabilities, functionality, utility, or improvements in the
Unreleased Software Product
iv) Identifying and isolating the full nature and cause of any real,
perceived, or potential restrictions, limitations, weaknesses, problems,
defects, errors or bugs in the Unreleased Software Product
v) Re-evaluating any corrections or improvements to any real,
perceived, or potential restrictions, limitations, weaknesses, or
defects made by The Publisher in the Unreleased Software Product
F. `Returnable Security Deposit' shall mean a sum of one hundred pounds
sterling (°100) or equivalent returnable in full to the Tester at
expiration of the term of this Agreement or written notification of
release by Publisher to Tester if, and only if, in the sole opinion of
the Publisher, there has been no breach of this agreement by the Tester.
2. Right to Use the Unreleased Software Product.
The Publisher and Tester acknowledge that the intent of this Agreement is to
provide Tester, free of charge (except for the aforementioned Returnable
Security Deposit), advance access to and use of Unreleased Software in order
to permit Tester to Test Unreleased Software.
Accordingly, The Publisher hereby grants to Tester a non-exclusive,
restricted licence to use the Unreleased Software for the term of use defined
in this Agreement.
3. Delivery.
A. Upon receipt of this Agreement, The Publisher shall arrange for the
delivery to Tester, as available at The Publisher's sole discretion,
such Unreleased Software or parts of Unreleased Software as Publisher
thinks fit and Tester accepts delivery of same on the condition that
Tester will comply with all provisions of this Agreement.
B. Tester agrees to deliver to The Publisher Test findings, reports and
details as The Publisher shall specify.
4. Confidentiality.
A. Tester agrees that the Unreleased Software Product being disclosed
by The Publisher is the confidential and proprietary information of The
Publisher. Tester shall not directly, or indirectly disclose the
Unreleased Software Product or provide access to the Unreleased Software
Product to any Person not a signatory to this Agreement.
Tester specifically agrees to use and store the Unreleased Software
Product in a manner so as to prevent unauthorized viewing and access.
B. Tester agrees and acknowledges that this Agreement is not a
corporate site licence agreement. The rights or obligations granted by
The Publisher under this Agreement are purely personal to the signatory
of this Agreement, and do not extend to any other Person, corporate
entities or affiliates, employees, coworkers, employers, agents or
representatives of Tester.
C. At no time during the term of this Agreement shall Tester prepare,
express or disseminate any pre-release reviews, comments, interviews or
assessments of the Unreleased Software Product to any Person other than
The Publisher or accredited representative of the Publisher. Tester
shall not disclose to any Person other than The Publisher that Tester is
a participant in the Testing of or has been utilizing the Unreleased
Software Product.
D. Tester shall not reproduce, copy (except for personal backup),
distribute, decompile or disassemble any part of the Unreleased Software
Product. Additionally, Tester shall not make backup or archival copies
of the Unreleased Software Product or any materials associated with,
referring to, directed to or documenting the Unreleased Software Product
at any time during or after this Agreement is in effect.
Without limitation to the foregoing, The Publisher permits Tester to
backup or make copies of Unreleased Software Product files where
required as part of a Test, providing such backup is destroyed following
the successful completion of the Test or Test series.
E. Tester acknowledges and agrees that any unauthorized disclosure by
Tester of the Unreleased Software Product and/or proprietary information
obtained from The Publisher is a material incurable breach of this
Agreement.
F. Tester acknowledges and agrees that a breach of this Section of the
agreement shall cause substantial and irreparable harm to The Publisher
and that The Publisher will take any and all legal or equitable options
available to The Publisher including pursuing punitive and criminal
remedies.
G. Tester acknowledges that the Unreleased Software Product, as
received may be 'tagged' or contain embedded, identifying symbols, codes
or structures that are not readily discernible except by The Publisher.
The Publisher may tag such Unreleased Software Product without notice to
Tester.
H. Tester agrees to refer to Unreleased Software only by such name,
version, or code name as The Publisher shall determine.
5. Compensation.
A. In addition to the consideration provided to Tester in the form of
access to the Unreleased Software Product in advance of its public
availability and provided Tester complies with the terms of this
Agreement, including but not limited to the reporting requirements
(outlined in the procedures manual), The Publisher shall provide free of
charge to the Tester one complete copy of the Unreleased Software
Product if and when it is released to the public for commercial
distribution. In addition, The Publisher may provide Tester with
additional software or hardware as The Publisher may, at their sole
discretion, deem necessary to perform Tests, backup files, communicate
with Tester, or remotely operate the Unreleased Software Product.
B. Each party shall bear all costs and expenses incurred by it under or
in connection with this Agreement. Nothing in this Agreement shall be
construed as an obligation by either party to enter into a contract,
subcontract, or other business relationship with the other party.
6. Ownership and Title.
Nothing in this Agreement shall serve to transfer to Tester any right, title
or interest to the Unreleased Software Product other than the right to use
the Unreleased Software Product as described in this Agreement. The Publisher
reserves all patent, trademark, copyright and trade secret ownership rights
in and to the Unreleased Software Product.
7. Representations and Warranties of Tester.
Tester represents and warrants that:
A. The name as signed on this Agreement is Tester's full legal name.
B. Now and at no time during the term of this Agreement shall Tester be
directly or indirectly employed by a Competitor of The Publisher; enter
into an Alpha, Beta, or other form of external testing relationship with
a Competitor of The Publisher, including but not limited to evaluating,
analyzing or testing software or other materials for a Competitor of The
Publisher, as well as any form of information sharing that might
directly or inadvertently provide a Competitor of The Publisher with
advance or inside knowledge of Publisher Unreleased Software. If Tester
has any doubt as to the relationship between Tester and any Competitor
of The Publisher, such relationship shall be immediately disclosed,
fully explained and submitted in writing to The Publisher.
C. Tester agrees to permit The Publisher to use the information
provided by Tester, as well as any additional information The Publisher
may require, solely to verify Tester's identity. At no time shall The
Publisher use the information other than in a way necessary to verify
Tester's identity.
D. All information provided to The Publisher is true and accurate to
the best of Tester's knowledge.
8. Representations and Warranties of The Publisher.
A. The Publisher is making the Unreleased Software available 'AS IS'
for Test purposes only and accordingly MAKES NO WARRANTIES WHATSOEVER,
EXPRESS OR IMPLIED, WHETHER ORAL OR WRITTEN, WITH RESPECT TO THE
SOFTWARE, INCLUDING BUT NOT LIMITED TO ANY IMPLIED WARRANTIES
i) OF MERCHANTABILITY,
ii) OF FITNESS FOR A PARTICULAR PURPOSE, OR
iii) ARISING FROM USAGE OF TRADE OR COURSE OF DEALING OR
PERFORMANCE.
B. The Publisher SHALL HAVE NO LIABILITY, WHETHER BASED ON CONTRACT,
TORT (INCLUDING WITHOUT LIMITATION NEGLIGENCE), WARRANTY OR ON ANY OTHER
LEGAL OR EQUITABLE GROUNDS, FOR ANY LOSS OF USE, PROFIT OR REVENUE BY
THE OTHER PARTY, OR FOR ANY CONSEQUENTIAL, INCIDENTAL, INDIRECT,
SPECIAL, PUNITIVE OR EXEMPLARY DAMAGES SUFFERED BY THE OTHER PARTY,
ARISING FROM OR RELATED TO THIS AGREEMENT, EVEN IF SUCH PARTY HAS BEEN
ADVISED OF THE POSSIBILITY OF SUCH LOSSES OR DAMAGES.
9. Term and Termination.
A. The confidentiality provisions of this Agreement shall survive any
termination of this Agreement and shall remain in full force and effect
for a period of six months after the first commercial shipment of the
Unreleased Software Product by The Publisher.
B. Upon any termination, cancellation or invalidation of this
Agreement, Tester shall immediately return the Unreleased Software and
all materials, including, but not limited to, any magnetic media
provided to Tester, associated with, referring to and/or documenting the
Unreleased Software Product. Alternatively, The Publisher may, at their
option, require that Tester immediately destroy any and all materials,
including but not limited to any magnetic media provided to Tester,
associated with, referring to and/or documenting the Unreleased
Software. Within seven (7) days of any termination, cancellation or
invalidation of this Agreement, Tester shall, at The Publisher's option,
execute an affidavit, to be supplied by The Publisher, attesting to the
complete return or destruction of the Unreleased Software Product as
instructed by The Publisher.
10. Recall.
The Publisher shall have the right to issue a recall of the Unreleased
Software Product requiring Tester to return the Unreleased Software to The
Publisher and Tester shall immediately respond to such recall and shall
return to The Publisher the Unreleased Software Product, including all
components thereof provided by The Publisher. Such recall shall not serve to
terminate this Agreement or release Tester from any provision of this
Agreement, unless specified. Such recall is solely at The Publisher'
discretion and may be without cause or without advance notice.
11. Reporting.
A. Tester acknowledges that an important purpose of this Agreement is
to provide to The Publisher regular and substantial input, comment and
reporting concerning the Unreleased Software Product. Accordingly,
Tester agrees to provide The Publisher with Test reports using the
procedures set forth and described in the Procedures Manual, or as
otherwise documented and provided to Tester by The Publisher.
B. Tester agrees that any input, comments, or reports provided to The
Publisher, including both positive and negative findings, are the
property of The Publisher and that The Publisher may, without notifying
Tester, use such comments, including but not limited to the name,
company affiliation, and date of such comments, for promotional or other
purposes as The Publisher may, at their sole discretion, decide, whether
such comments are ascribed to the individual Tester separately, or in
combination with other such comments, provided only that such use is
truthful, honest, and does not misrepresent, through omission or
addition, the reasonable nature of such comments.
12. Copyrights.
Tester shall not remove or alter any copyright, trade secret, proprietary or
similar notice or any confidential or proprietary legends from any copy of
any Unreleased Software, media or documentation or output.
13. Trademarks.
`Project CAIN' is a trademark of The Publisher when applied in the field of
Data Communications and no right to use such trademark is granted to Tester
by this agreement.
14. Exclusivity.
A. During the term of this Agreement and any renewals thereof, Tester
shall not pursue, with any Competitor of The Publisher, an Alpha, Beta,
or other form of external testing relationship, including but not
limited to evaluating, analysing or testing software or other materials
for a Competitor of The Publisher, as well as any form of information
sharing that might directly or inadvertently provide a Competitor of The
Publisher with advance or inside knowledge of The Publisher's Unreleased
Software .
B. If at any time during the term of this Agreement Tester becomes an
employee of a Competitor of The Publisher or Tester enters into an
Alpha, Beta, or other form of external testing relationship with a
Competitor of The Publisher, including but not limited to evaluating,
analysing or testing software or other materials for a Competitor of The
Publisher, as well as any form of information sharing that might
directly or inadvertently provide a Competitor of The Publisher with
advance or inside knowledge of Publisher Unreleased Software, Tester
shall provide The Publisher with an immediate written notice of such
employment and/or relationship.
15. Miscellaneous.
A. Notices. Any legal notice, request, authorization, direction or
other communication under this Agreement shall be given in writing and
be delivered in person or by first-class post (or overseas equivalent),
properly addressed and stamped with the required postage, to the
intended at the addresses listed above. Either party may change their
address specified above by giving the other party notice of such change
in accordance with this Section.
B. Nonwaiver. The failure of The Publisher to insist upon or enforce
strict performance by the other party of any provision of this Agreement
or to exercise any right under this Agreement shall not be construed as
a waiver or relinquishment to any extent of The Publisher' right to
assert or rely upon any such provision or right in that or any other
instance; rather, the same shall be and remain in full force and effect.
C. Entire Agreement. This Agreement, including all attachments hereto,
sets forth the entire Agreement and supersedes any and all prior
Agreements of the parties with respect to the subject matter hereof.
D. Amendment. No change, amendment or modification of any provision of
this Agreement shall be valid unless set forth in a written instrument
signed by the party to be bound thereby.
E. Invalid Provision. The invalidity or unenforceability of any
provision of this Agreement shall not affect the other provisions
hereof, and this Agreement shall be construed in all respects as if such
invalid or unenforceable provisions were omitted.
F. Assignment. Tester may not assign or transfer any of Tester's
rights, privileges or obligations hereunder.
G. Applicable Law. This Agreement shall be interpreted, construed and
enforced in accordance with the laws of Scotland and Tester agrees and
consents to the exclusive jurisdiction of the appropriate Scots Court.
H. No Partnership. This Agreement shall not be interpreted or
construed to create an association, joint venture or partnership between
the parties or to impose any partnership obligation or liability upon
either party.
I. Implementation. Each party shall take such action (including, but
not limited to, the execution acknowledgment and delivery of documents)
as may reasonably be requested by the other party for the implementation
or continuing performance of this Agreement.
J. Confidentiality. Tester agrees to keep the terms and existence of
this Agreement confidential.
By supplying the requested information and electronically transmitting the
completed External Test Agreement to The Publisher, in lieu of returning to
The Publisher a signed hard copy of the Agreement, Tester acknowledges that
Tester has read and agrees to all of the terms and conditions contained
herein.
The act of supplying Tester with additional access to the Publisher's BBS in
response to receiving from Tester either the signed hard copy of this
agreement OR the electronic transmission of this External Test Agreement
shall constitute The Publisher's acceptance of this Agreement.
IN WITNESS WHEREOF the parties subscribe their signatures:
Signed: , Tester
, Publisher