Capstan Ag Systems, Inc. (“Capstan”) is the owner of a prototype Beta Software Program Product
identified as a nozzle configuration software tool for use with an aerial spraying system (the
“Product”). Capstan desires to have the Product tested by a prospective user in what is commonly
referred to as a “Beta Test.” You desire to be able to access and use the Product. In consideration of
carefully before accessing and/or using this Product.
shall provide You use of the Product at no charge during the Beta Test.
b. You agree that your access to and use of the Product are consideration for the obligations and promises
c. You are not required to access or use the Product. You are not required to continue use of the Product.
You can cease use of the Product at any time, without any prior notification to Capstan.
d. Capstan is not required to make the Product available to You. Capstan is not required to continue to make
the Product available to You. Capstan can cease making the Product available at any time, without any prior
notification to You.
II. LICENSE GRANT, USE, AND OWNERSHIP
a. Capstan grants You a non-exclusive, non-transferable license (without the right to sublicense) to use the
Product solely for the purpose of testing and evaluation and in the manner described in documentation and/or
instruction provided by Capstan.
b. If Capstan loans hardware to You, Capstan is loaning such hardware to You solely for the purpose of
testing and evaluation. You agree not to do anything with the hardware inconsistent with Capstan’s title to the
hardware, including but not limited to transferring, loaning, selling, or assigning the hardware.
c. You agree not to copy or disseminate the Product or any related documentation, except as expressly
d. Capstan shall own and retain all right, title, and interest in and to the Product (including any updates
to the Product), including all intellectual property rights contained in or embodied by the Product.
III. BETA DISCLAIMERS:
a. THIS BETA SOFTWARE PROGRAM PRODUCT IS STILL UNDER DEVELOPMENT AND TESTING. THE PRODUCT, THE RELATED
DOCUMENTATION, AND ANY UPDATES ARE PROVIDED “AS IS” WITHOUT WARRANTY OF ANY KIND, WHETHER EXPRESS,
IMPLIED, STATUTORY, OR OTHERWISE. YOU ARE ADVISED NOT TO RELY IN ANY WAY ON THE CORRECT FUNCTIONING OR PERFORMANCE
OF THE PRODUCT.
b. A PRIMARY PURPOSE OF PROVIDING YOU ACCESS TO THE PRODUCT IS TO COLLECT DATA RELATING TO THE PERFORMANCE
OF THE PRODUCT, INCLUDING IDENTIFICATION OF DEFECTS IN THE PRODUCT. IN NO CIRCUMSTANCE SHALL CAPSTAN HAVE
LIABILITY FOR ANY INDIRECT, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES RELATING TO YOUR USE OF THE PRODUCT.
c. A PRIMARY PURPOSE OF PROVIDING YOU ACCESS TO THE PRODUCT IS TO COLLECT INFORMATION RELATING TO YOUR USE
OF THE PRODUCT. THIS INCLUDES DATA RELATING TO YOUR ACCESS TO THE PRODUCT, YOUR INPUTS, PRODUCT OUTPUTS, AND
PRODUCT PERFORMANCE. YOU AGREE THAT CAPSTAN MAY COLLECT AND USE ANY INFORMATION RELATING TO YOUR ACCESS TO AND USE
OF THE PRODUCT.
d. Capstan does not represent, promise, or guarantee that the Product will be announced or made available to
you or anyone in the future. Capstan has no express or implied obligation to announce or introduce the Product,
and Capstan may not introduce a product similar to or compatible with the Product.