Mojix

Early Adopter Program & Confidentiality Agreement

Thank you for your interest in participating in the Source Early Adopter Program.  The Source Early Adopter Program is a chance to influence the design of a future leader and shape the Source app with capabilities that matter most to you. 

You will gain:

    • First-hand access to capabilities of the Early Adopter version of the app.
    • A chance to shape the features and design through direct feedback.
    • Staying on top of new developments in the Food Tech.

You will provide:

    • Feedback in the form of your opinion on the app and your insights to improve the app’s features, usability and design.
    • Your discretion and an agreement to keep what you learn and share within this program confidential.

If you agree to the above, please read the terms of this Early Adopter Program and Confidentiality Agreement governing the use of the Source software provided to you by Mojix.  

BY INDICATING YOUR ACCEPTANCE OF THESE TERMS AND SELECTING THE ” I AGREE TO BE PART OF THE EARLY ADOPTER PROGRAM” BUTTON AS IT APPEARS IN THE APP OR IN THE RECRUITMENT SURVEY, YOU ARE (1) REPRESENTING THAT YOU ARE OVER THE AGE OF 18, (2) REPRESENTING THAT YOU HAVE THE RIGHT AND AUTHORITY TO LEGALLY BIND YOURSELF TO THESE TERMS, AND (3) CONSENTING TO BE LEGALLY BOUND BY ALL OF THE TERMS OF THIS AGREEMENT. THIS WILL CREATE A BINDING AGREEMENT. IF YOU DO NOT AGREE TO ALL THESE TERMS OR CANNOT MAKE SUCH REPRESENTATIONS DO NOT SELECT THE “I AGREE TO BE PART OF THE EARLY ADOPTER PROGRAM” BOX AND DO NOT USE THE EARLY ADOPTER PRODUCTS OR MATERIALS.

1. Additional Terms.

This Early Adopter Program and Confidentiality Agreement are license terms between you and Mojix, Inc. with respect to your participation in the Early Adopter Program, use of certain Mojix Materials, and use of the Source software.  These terms are in addition to the other terms and conditions regarding the Source software, including without limitation the Terms of Use and Privacy Policy.  As a participant you will receive software, documentation and information (“Mojix Materials”) from Mojix.  The Mojix Materials may include software that is in development or experimental form, information about unreleased features and product roadmaps, and other confidential information.  You have agreed to test and evaluate this software and provide Feedback with respect to the Mojix Materials.

 

2. Confidentiality.

You agree to keep confidential and not disclose or discuss the Mojix Materials with any third party. These confidentiality requirements continue until the Mojix Materials become publicly known through no breach of your obligations under this Agreement.

 

3. Feedback.

You will provide prompt feedback to Mojix regarding the Mojix Materials and the software’s features, usability and design when requested by Mojix.  These requests may be in the form of surveys, online reports, automated reporting of app use, reports of problems or errors, voluntary suggestions, or other forms of comment from you to Mojix.  To the extent you provide Feedback to Mojix, you agree that Mojix may use and disclose (so long as such disclosure is in a manner that does not identify you) any and all Feedback, for any purpose, without compensation or liability to you.  You hereby grant to Mojix all required licenses in your feedback and the associated intellectual property rights therein to allow Mojix to exercise these rights.

 

4. License.

Mojix hereby grants to you a non-exclusive and non-transferable license to use the Mojix Materials, according to the provisions contained herein and subject to payment of applicable license fees, for internal use only. You are not permitted to lease, rent, distribute or sublicense the Mojix Materials or any rights therein. You also may not install any software from the Mojix Materials on a network server, use such software in a time-sharing arrangement or in any other unauthorized manner. Further, no license is granted to you in the human readable code of such software (source code). Except as provided below, this Agreement does not grant you any rights to patents, copyrights, trade secrets, trademarks, or any other rights in the Mojix Materials. This Agreement does not entitle you to receive any upgrades to or newer versions of Mojix Materials.

You agree that you have no right, power or authority to make any modifications to or unauthorized copies of the Mojix Materials. You may reproduce and provide one (1) copy of the Mojix Materials for each device, computer or workstation on which the Mojix Materials are installed. Otherwise, the Mojix Materials may be copied only as essential for backup or archive purposes. You must reproduce and include all copyright notices and any other proprietary rights notices appearing on the Mojix Materials on any copies that you make.

 

5. No Assignment; No Transfer.

You agree not to transfer or assign the Mojix Materials and/or this Agreement to another party without the prior written consent of Licensor. If such consent is given and you transfer or assign the Mojix Materials and/or this Agreement, then you must at the same time either transfer any copies of the Mojix Materials to the same party or destroy or return to Licensor any such materials not transferred. Except as set forth above, you may not transfer or assign the Mojix Materials or rights under this Agreement.

 

6. No Modification; No Reverse Engineering.

You agree not to modify, translate, reverse engineer, decompile, disassemble, or create derivative works of the Mojix Materials or assist someone in performing such prohibited acts.

 

7. Import/Export Restrictions.

You agree not to import or export the Mojix Materials (or any copies thereof) or any products utilizing the Mojix Materials in violation of any applicable laws or regulations of the United States or the country to which you have imported or exported. You agree to indemnify Licensor from liability if you violate any such laws or regulations.

 

8. Title.

You agree that Licensor owns and holds title to the Mojix Materials and all subsequent copies thereof regardless of the form or media. Furthermore, title, ownership rights, and intellectual property rights in the Mojix Materials shall remain with Licensor. The Mojix Materials are protected by copyright and other intellectual property laws and by international treaties.

 

9. Term and Termination.

This license will expire two years from the date that you first use the Mojix Materials, if the license is not earlier terminated. You may terminate this license at any time by destroying the Software and any Mojix Materials together with all copies and merged portions in any form. Your license for the Mojix Materials will also terminate immediately if you fail to comply with any term or condition of this Agreement, file for bankruptcy, or are placed in receivership. Upon such termination, you agree to destroy the Mojix Materials, together with all copies thereof. You agree that you will not be entitled to a refund of any applicable license fee upon early termination of this Agreement.  Mojix reserves the right to terminate this license at any time, and discontinue some or all of the functionality of the Mojix Materials at any time for any reason.

 

10. Governing Law.

The laws of the State of California shall govern the construction of this Agreement and you agree to be subject to personal jurisdiction in the State of California for the purposes of enforcing the provisions of this Agreement.

 

11. No Warranties.

YOU ACKNOWLEDGE AND AGREE THAT THE MOJIX MATERIALS MAY INCLUDE PORTIONS THAT ARE IN DEVELOPMENT, ARE INCOMPLETE, AND HAVE NOT BEEN COMMERCIALLY RELEASED.  THE MOJIX MATERIALS MAY NOT BE FULLY FUNCTIONAL AND ARE EXPECTED TO CONTAIN ERRORS, DESIGN FLAWS OR OTHER PROBLEMS THAT MAY ADVERSELY AFFECT THE FUNCTIONALITY OF THE MOJIX MATERIALS.  MOJIX IS UNDER NO OBLIGATION TO COMMERCIALLY RELEASE THE MOJIX MATERIALS AND MAY DISCONTINUE ANY FEATURE AT ANY TIME FOR ANY REASON.  LICENSOR MAKES NO WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT OF THIRD PARTIES’ RIGHTS. THE MOJIX MATERIALS (INCLUDING SOURCE CODE) ARE PROVIDED TO YOU ON AN “AS IS” BASIS. TO THE FULL EXTENT PERMITTED BY LAW, THE DURATION OF STATUTORILY REQUIRED WARRANTIES, IF ANY, SHALL BE LIMITED TO THIRTY DAYS. MOREOVER, IN NO EVENT WILL WARRANTIES PROVIDED BY LAW, IF ANY, APPLY UNLESS THEY ARE REQUIRED TO APPLY BY STATUTE NOTWITHSTANDING THEIR EXCLUSION BY CONTRACT. NO DEALER, AGENT, OR EMPLOYEE OF MOJIX IS AUTHORIZED TO MAKE ANY MODIFICATIONS, EXTENSIONS, OR ADDITIONS TO THIS LIMITED WARRANTY. THE ENTIRE RISK ARISING OUT OF USE OR PERFORMANCE OF THE MOJIX MATERIALS REMAINS WITH YOU.

 

12. Limitation of Remedies.

UNDER NO CIRCUMSTANCES AND UNDER NO LEGAL THEORY SHALL MOJIX, OR ITS SUPPLIERS OR RESELLERS, BE LIABLE TO YOU OR ANY OTHER PERSON FOR ANY INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES OF ANY CHARACTER INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF GOODWILL, LOST PROFITS, BUSINESS INTERRUPTIONS, WORK STOPPAGE, COMPUTER FAILURE OR MALFUNCTION, OR ANY AND ALL OTHER PERSONAL OR COMMERCIAL DAMAGES OR LOSSES ARISING FROM THE USE OR INABILITY TO USE THE MOJIX MATERIALS (WHETHER OR NOT DUE TO ANY DEFECTS THEREIN). IN NO EVENT WILL MOJIX BE LIABLE FOR ANY DAMAGES EVEN IF MOJIX SHALL HAVE BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGES OR SUCH DAMAGES WERE REASONABLY FORSEEABLE, OR FOR ANY CLAIM BY ANY OTHER PARTY. THIS LIMITATION OF LIABILITY SHALL NOT APPLY TO LIABILITY FOR DEATH OR PERSONAL INJURY RESULTING FROM MOJIX’S NEGLIGENCE TO THE EXTENT APPLICABLE LAW PROHIBITS SUCH LIMITATION. IN NO EVENT SHALL MOJIX’S LIABILITY EXCEED THE PURCHASE PRICE PAID BY YOU FOR THE MOJIX MATERIALS.

13. Indemnification.

You agree to defend, indemnify and hold harmless Licensor, its suppliers and its resellers from and against liabilities, costs, damages and expenses (including settlement costs and reasonable attorneys’ fees) arising from any claims from anybody that result from or relate to your use, reproduction or distribution of the Mojix Materials.

14. Privacy.

You agree to allow Mojix to use information provided by you to contact you, and may store your personal information and share it with Mojix employees and contractors in order to communicate with you.  Mojix may collect, store and use information generated from your testing and use of the Mojix Materials, and such information shall be considered Feedback. 

15. Severability.

In the event any provision of this Agreement is found to be invalid, illegal or unenforceable, the validity, legality and enforceability of any of the remaining provisions shall not in any way be affected or impaired.

16. Entire Agreement.

You further agree that this Agreement, along with the other terms and conditions regarding the Source software, including without limitation the Terms of Use and Privacy Policy, are the complete and exclusive statement of the agreement between you and Mojix which supersedes all proposals or prior agreements, oral or written, and all other communications between you and Mojix relating to the subject matter of this agreement. This Agreement may be modified at any time by Mojix.

 

17. Acknowledgement.

By downloading, installing or using any part of the Mojix Materials, you indicate that you have read this Agreement, understand it, and agree to be bound by its terms and conditions.

 

18. Force Majeure.

Mojix shall not be liable hereunder for any failure or delay in the performance of its obligations under this Agreement if such failure or delay is on account of causes beyond its control, including labor disputes, civil commotion, war, fires, floods, inclement weather, governmental regulations or controls, casualty, government authority, strikes, or acts of God, in which event Mojix shall be excused from its obligations for the period of the delay and for a reasonable time thereafter.