PRE-RELEASE TERMS AND CONDITIONS (BETA Firmware)

re: Android App Beta - March 2020

PRE-RELEASE TERMS AND CONDITIONS (BETA Firmware) IMPORTANT - PLEASE READ BEFORE INSTALLING OR USING HOBBYWING BETA SOFTWARE

Please review the following terms carefully before using any HOBBYWING® Beta/Pre-Release Firmware or associated materials (“Firmware”).  By using the Firmware, you indicate your acceptance of these terms, which constitute the agreement (the “Agreement”) between Hobbywing Technology and its subsidiaries  (“HOBBYWING North America”) and you.  In the event that you do not agree with any of these terms and conditions, DO NOT use or install the firmware.

The link below contains pre-release “beta” or “alpha” code, which may not be fully functional and which Hobbywing Technology may substantially modify in producing any “final” version.  Hobbywing Technology can provide no assurance that it will ever produce or make generally available a “final” version.

LICENSE.  Hobbywing Technology grants you a non-exclusive, non-transferable, royalty-free license, under  Hobbywing Technology copyrights embodied in the firmware, to internally use, copy and have copied the firmware in object code form only, solely for use with the products for which it was intended.  You shall not reverse engineer, decompile or disassemble the Software and shall similarly restrict anyone to whom you provide the Software from doing so.  No patent rights are granted under this Agreement.

OWNERSHIP. All right, title and interest in the intellectual property embodied in the firmware and accompanying materials are owned by Hobbywing Technology or its suppliers and licensors and are protected by copyright, trademark, patent, and trade secret law and international treaties.  Any rights, express or implied, in the intellectual property embodied in the foregoing, other than those specified in this Agreement, are reserved by Hobbywing Technology and its suppliers and licensors.  You agree not to remove any proprietary notices and/or labels from the Firmware, without prior written approval by Hobbywing Technology.

CONFIDENTIALITY.  The Software contains confidential and/or proprietary information of Hobbywing Technology. Accordingly, you agree that you will not, nor will you authorize or permit any third party to, distribute, transfer, assign, sublicense, or otherwise disclose to any third party the Software or any part thereof or any other confidential or proprietary information of Hobbywing Technology provided in connection therewith, except as otherwise expressly provided in this Agreement.  Hobbywing Technology shall be free to use all material, information or other communication you provide as part of your feedback (collectively, “Feedback”) and all such Feedback will be considered non-confidential and non-proprietary.

FEEDBACK.  To assist Hobbywing Technology in identifying problems with and making improvements to the Software, Hobbywing Technology invites your Feedback concerning any bugs, errors or other problems discovered during the course of your use of the Software.  By disclosing such Feedback to Hobbywing Technology, you automatically assign to Hobbywing Technology all right, title and interest in such Feedback (including, without limitation, all related intellectual property rights) without further compensation.

NO SUPPORT.  Hobbywing Technology is not under any obligation to provide any support, installation, training or other services under this Agreement or otherwise with respect to the Software.

LIMITED MEDIA WARRANTY.  If the firmware has been delivered by Hobbywing Technology on physical media, Hobbywing Technology warrants the media to be free from material physical defects for a period of thirty days after delivery by Hobbywing Technology. If such a defect is found, return the media to Hobbywing Technology for replacement or alternate delivery of the firmware as Hobbywing technology may select.

EXCLUSION OF OTHER WARRANTIES.  Except as expressly set forth above, the firmware is provided "as is" and possibly with faults. Hobbywing Technology and its suppliers disclaim any and all warranties and guarantees, express, implied or otherwise, including but not limited to the warranties of merchantability, noninfringement, and fitness for a particular purpose. Hobbywing Technology and its suppliers do not warrant or assume responsibility for the accuracy or completeness of any information, text, graphics, links or other items contained within the Software.  You assume all liability, financial or otherwise, associated with the use and other disposition of the firmware.

CHANGE, CANCELLATION.  The firmware contains “alpha” or “beta” designated pre-release features, which may not be fully functional and which Hobbywing Technology may substantially modify in producing any “production-level” version of the Hobbywing Technology.  Hobbywing Technology can provide no assurance that it will ever produce or make generally available a “production-level” version of the Software.

LIMITATION OF LIABILITY. In no event shall Hobbywing Technology or its suppliers be liable for any damages whatsoever (including without limitation, lost profits, business interruption, or lost information) arising out of the use of or inability to use the software no for punitive, incidental, consequential, or special damages of any kind, even if Hobbywing Technology has been advised of the possibility of such damages.

TERMINATION OF THIS AGREEMENT. Hobbywing Technology may terminate this Agreement at any time if you violate its terms. Upon termination, you will immediately destroy the original and all copies of the Software.

APPLICABLE LAW. Claims arising under this Agreement shall be governed by the laws of California, excluding its principles of conflict of laws and the United Nations Convention on Contracts for the Sale of Goods.

ASSIGNMENT.  Neither this Agreement nor any rights or obligations hereunder may be assigned or delegated (whether by operation of law or otherwise) by you without Hobbywing Technology's prior written consent.

WAIVER AND AMENDMENT.  No modification, amendment or waiver of any provision of this Agreement shall be effective unless in writing and signed by an officer of HobbyKing Technology.  No failure or delay in exercising any right, power, or remedy under this Agreement shall operate as a waiver of any such right, power or remedy.  Without limiting the foregoing, terms and conditions on any purchase orders or similar materials submitted by you to Hobbywing Technology, and any terms contained in Hobbywing Technology’s standard acknowledgment form that are in conflict with these terms shall be of no force or effect.

SEVERABILITY.  If any provision of this Agreement is held by a court of competent jurisdiction to be contrary to law, such provision shall be changed and interpreted so as to best accomplish the objectives of the original provision to the fullest extent allowed by law and the remaining provisions of this Agreement shall remain in full force and effect.

EXPORT RESTRICTIONS.  You acknowledge that the Software may be subject to import and export regulations of the United States and of the countries in which you transact business, specifically including the U.S. Export Administration Act and Export Administration Regulations.  You shall comply with such laws and regulations, as well as all other laws and regulations applicable to the Software.  Without limiting the generality of the foregoing, you agree that you will not export, re-export, transfer or divert any of the Software or the direct product thereof to any restricted place or party in accordance with U.S. export regulations.  Note that Software containing encryption may be subject to additional restrictions.

Google Link to Download:
https://drive.google.com/file/d/1IXNCM44ZswwUpvWiq2jGbecAhrChhiV2/view

 WARNING!

Hobbywing Technology heavily advises against using beta firmware provided on or linked to this message for any critical purpose. Beta firmware is not supported through the normal support channels. All questions, comments, and issues should be directed to this email NorthAmerica@hobbywing.com. Subject:  Android App Beta - March 2020

 

Team HOBBYWING 

 

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