Thank you for signing up for the Grandstream Beta Club (the “Program”). By applying for the Program you are agreeing to the following terms and conditions (“Terms and Conditions”), which constitute a binding contract between you and Grandstream Networks, Inc. (“Grandstream”). Please read them carefully.
Subject to payment of the $1 handling fee, applicants who are accepted in to the Program as set forth below (“Participants”) will have shipped to them the Product for the Participants’ evaluation and testing. Participation in the Program is subject to the requirements set forth in these Terms and Conditions.
Grandstream holds the right to accept or reject any applicant through the application process. Criteria for selection of candidates is based on the decisions of Grandstream in its sole discretion. When a Participant is approved for the Program, the Participant will be provided with an account to access the Grandstream Beta Club Portal.
A username and password will be required to access the Grandstream Beta Club Portal. Please keep this information confidential. The Participant is responsible for any activity that happens on or through their account.
Grandstream Networks retains all proprietary rights, title and interest in and to the Product and any modifications thereof. No ownership of any part of the Product is hereby transferred to Participant. Participant shall not, directly or indirectly, modify, reverse engineer, or disassemble the Product.
THE PRODUCT IS PROVIDED “AS IS” WITHOUT ANY WARRANTY OF ANY KIND. GRANDSTREAM DISCLAIMS ANY AND ALL WARRANTIES, REPRESENTATIONS, AND CONDITIONS RELATING TO THE PRODUCT WHETHER EXPRESS, IMPLIED, OR ARISING BY CUSTOM OR TRADE USAGE, INCLUDING, BUT NOT LIMITED TO, ANY REPRESENTATION, WARRANTY, OR CONDITION OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE OR NON-INFRINGEMENT.
IN NO EVENT WILL GRANDSTREAM BE LIABLE FOR ANY DAMAGES, INCLUDING WITHOUT LIMITATION ANY DIRECT DAMAGES, LOST REVENUE, PROFIT, DATA, OR OTHER SOFTWARE OR ANY SPECIAL, INDIRECT, CONSEQUENTIAL, INCIDENTAL, OR PUNITIVE DAMAGES HOWEVER CAUSED AND REGARDLESS OF THEORY OF LIABILITY (INCLUDING NEGLIGENCE) ARISING OUT OF THE USE OR INABILITY TO USE THE PRODUCT, EVEN IF GRANDSTREAM KNOWS OR HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. Participant is exclusively responsible for the supervision, management and control of Participant’s use of the Product. Grandstream does not warrant that use of the Product will be uninterrupted or error free, or that errors or defects will be corrected.
Grandstream may modify these Terms and Conditions, for example, to reflect changes to the law or changes to the Program. Participants should review the Terms and Conditions regularly. Grandstream will post notice of modifications to these Terms and Conditions. Changes will not apply retroactively, but will become effective as of the day they are posted. If Participant does not agree to the modified Terms and Conditions, Participant should discontinue participation of the Program.
If there is a conflict between these Terms and Conditions and any modified and/or additional terms and conditions, the modified and/or additional terms and conditions will control for such conflict. If it turns out that any of these Terms and Conditions, or any modified or additional terms and conditions are not enforceable, this will not affect any other terms.
These Terms and Conditions may not be assigned or in any way transferred without the prior written consent of Grandstream. These Terms and Conditions shall be construed in accordance with the substantive laws of the Commonwealth of Massachusetts, United States of America, without giving effect to the principles of conflict or choice of law of such Commonwealth. The parties hereto waive any statute, law, or regulation that might provide an alternative law or forum. If any provision of these Terms and Conditions or any modified or additional terms and conditions is held to be excessively broad as to scope, activity, subject or otherwise so as to be unenforceable at law, such provision shall be constructed by limiting or reducing it so as to be enforceable to the maximum extent compatible with the applicable law as it shall then appear. A waiver by either party of its rights hereunder shall not be binding unless contained in a written agreement signed by an authorized representative of the party waiving its rights. The non-enforcement or waiver of any provision on one occasion shall not constitute a waiver of such provision on any other occasions unless expressly so agreed in writing.