USABILITY TEST TERMS & CONDITIONS

1.1 This Agreement governs the relationship between Eldapt Instructure and the User. The scope of the Agreement extends to the Website, which has been developed and is operated by us, with an aim of provision of services of Usability Test or any of its affiliate entities to the User.

1.2 The standard language of the agreement is English and in case of any conflict between human-readable form and machine-readable form, the human-readable form shall prevail.

1.3 You and Eldapt Instructure each acknowledge that participation in the Usability Program and any Usability Study are strictly voluntary. You have no obligation under this Agreement to purchase any products, services, or other items from Us. Likewise, Eldapt Instructure does not have any obligation to offer You any products or services. 

LICENSE & TERM USE

2.1 You may view, download for caching purposes only, and print pages from Usability Test for your own use, subject to the restrictions set forth in the Agreement.

2.2 Testers are not allowed to publish, share or otherwise make public, any information, such as without limitation to URLs, of private and not-known to public projects on any media content facilitating website, such as, but not limited to, Youtube.

2.3 Testers shall also keep all the confidential information about the client and their project secret and shall not share it with any third parties in private. Confidential information entails all the information that might have a negative impact on the client, their project or business or cause any kind of loss or damage.

2.4 You further acknowledge that Eldapt Instructure is not obligated to provide You access to any Usability Study or to provide compensation or any other form of consideration to You in connection with the Usability Program, any Usability Study, or the provision of Feedback (unless otherwise agreed to by Us, in its sole discretion, in writing).

FEEDBACK

2.6 You understand and agree that the Usability Program is offered for the purpose of providing Eldapt Instructure with suggestions, comments and feedback regarding the Eldapt Instructure Materials and products, including, but not limited to, use cases, usability, potential feature enhancements, bug reports, test results, and completion of periodic surveys, questionnaires, and interviews (“Feedback”).

2.7 You agree that Feedback provided to Eldapt Instructure is owned by Eldapt Instructure and You hereby assign to Eldapt Instructure any and all rights and interest in the Feedback and any intellectual property rights You may have regarding the Feedback.

2.8 You further agree that Eldapt Instructure has a royalty-free, worldwide, irrevocable right to use, modify, disclose, reproduce, license, or otherwise distribute the Feedback and any underlying intellectual property as Eldapt Instructure sees fit, including commercializing the Feedback as part of a commercial release of any Eldapt Instructure product or other offering, without any obligation to You or restriction of any kind. Feedback and support questions should be addressed to info@eldaptinstructure.com or as Eldapt Instructure may otherwise specify from time to time. 

3.1 Pursuant to and in the course of Your participation in the Usability Program, Eldapt Instructure may disclose or make accessible to You certain Confidential Information. “Confidential Information” means any financial, pricing, marketing, product, technical or other business information, data, know-how, and/or trade secrets (which includes any Eldapt Instructure software & product documentation) disclosed or provided by Eldapt Instructure to You in any form in connection with the Usability Program. Confidential Information also includes, but is not limited to;

a) information relating to Eldapt Instructure product roadmaps, strategies, and plans and any unreleased products, functionality, features, or services;

b) the development, marketing, technical specifications, performance information or analysis, or distribution of any Eldapt Instructure products (whether released or unreleased), technologies, or services;

c) links, passwords, license keys, authorization codes or other login credentials relating to the Usability Program;

d) the Eldapt Instructure Materials and existence, contents, and nature of the Usability Program and this Agreement; and

e) Feedback.

3.2 Confidential Information does not include information that You can demonstrate

a) is or becomes publicly available without breach of this Agreement;

b) was lawfully known to You prior to its disclosure without any obligation to keep it confidential;

c) was received by You from another source who can lawfully disclose it and without any obligation to keep it confidential; or

d) is or was independently developed by You without the use of Confidential Information or other breach of this Agreement.

3.3 For a period of five (5) years following termination of this Agreement, You shall not, without the prior, written consent of Eldapt Instructure ,

a) use Confidential Information for any purposes other than the Usability Program;

b) disclose Confidential Information to any third party;

c) make any copies of or create any derivative works based upon Confidential Information; or

d) reverse engineer, decompile, decode or disassemble or otherwise attempt to derive, reconstruct, or discover the source code, programs or any of Confidential Information.

3.4 The foregoing obligations will survive the termination of Your participation in the Usability Program and this Agreement for any reason. Notwithstanding anything to the contrary herein, Your obligations with respect to the protection of trade secrets, including Eldapt Instructure software/ development source code and any non-public software features, will survive for as long as such information remains a trade secret under applicable law.

3.5 You may disclose Confidential Information solely to the extent necessary to comply with a court order or other government demand that has the force of law; provided, however, that You will give Eldapt Instructure prior written notice sufficient to permit Eldapt Instructure to seek a protective order or other appropriate relief to limit disclosure and You will provide Eldapt Instructure reasonable assistance (at Eldapt Instructure ’s expense) in connection with such action. 

4.1 This Agreement and Your participation in the Usability Program begin on the date You accept this Agreement and ends upon the termination of this Agreement by either party. Either You or Eldapt Instructure may terminate this Agreement at any time upon written notice (email will suffice).

4.2 Upon termination of this Agreement, Your participation in the Usability Program and all licenses granted hereunder will automatically terminate and You agree to immediately cease using all Eldapt Instructure Materials provided as part of the Usability Program, any Confidential Information, related authorization credentials, and any copies thereof. The following sections of this Agreement will survive any termination of this Agreement: Sections 2.6 through 2.8, 3, 4, 5 through 9. 

5.1 The usability studies and all Eldapt Instructure materials and confidential information provided as part of the usability program, together with all related technology, data, information, and materials, are provided “as-is” without warranties of any kind, express, implied, or statutory, and you assume the entire risk of the use thereof.

5.2 Notwithstanding anything to the contrary in this agreement, to the maximum extent permitted by law, Eldapt Instructure expressly disclaims all representations and warranties of any kind whatsoever, express, implied or statutory, including, but not limited to, those of merchantability, fitness for a particular purpose, title, data security, accuracy, completeness, results, reasonable care or workmanlike effort, non-infringement, and that any Eldapt Instructure materials provided hereunder are free of viruses.

5.3 Except as described in section 5.4 the only remedy either party has for claims relating to this agreement is to terminate this agreement and in no event shall you or Eldapt Instructure be liable, regardless of the cause, for any direct, indirect, consequential, incidental, punitive, exemplary, or special damages, including loss of profits, business opportunity, anticipated savings, goodwill, or data, even if the affected party has been advised of the possibility of such damages, and whether the same arise in contract, tort (including negligence) or otherwise. Without limiting the foregoing, this limitation applies to claims related to;

A) the usability program, usability studies, Eldapt Instructure materials or other software, code, or materials of alter or a third party;

B) any content on any Eldapt Instructure or third-party sites made available to you; and

C) any loss, corruption, or inaccuracy of data.

5.4 Notwithstanding anything to the contrary herein, the limitations in subsection 5.3 do not apply;

A) to claims arising from any breach of sections 1, 2, ; or

B) to the extent prohibited by applicable law

6.1 All title and intellectual property rights in and to any product, service, technology, information, and materials (whether pre-released or not) provided by Eldapt Instructure to You in connection with the Usability Program (including any and all Eldapt Instructure Materials, Usability Studies and Confidential Information or Access provided thereunder), and any derivatives, modifications, and improvements thereto (including any changes which incorporate Your Feedback) are owned or licensed by Eldapt Instructure and no ownership rights are conveyed to You under this Agreement or otherwise.

6.2 All rights not specifically granted under this Agreement are reserved by Eldapt Instructure and You agree You will not commit or permit any act or omission by Your agents, employees, or any third party that would impair such rights. Nothing in this Agreement constitutes a waiver of Eldapt Instructure rights under Malaysia or international copyright law or any other federal or state law. 

7.1 In furtherance of Eldapt Instructure' s legitimate business purposes in offering the Usability Program, to administer the Usability Program and the Usability Studies, and to evaluate Feedback received, Eldapt Instructure may collect Usage Data with respect to participation in the Usability Program. “Usage Data” means data automatically collected about and as part of program participants’ installation, activation, and use of the Eldapt Instructure products and services, any Eldapt Instructure Materials, and participation in the Usability Program. Usage Data may differ based on the requirements and scope of a Usability Study and may include one or more of the following personal data types: registered email address; login credentials; IP address; device ID; network ID; machine host name; internal persistent identifier; username; country or postal code; language preference and browser or operating system settings; and logs, bug reports, and testing that include time stamp and type of actions taken (e.g., specific tools used and how often, number of workflows saved (but not the content of any workflows), names of custom tools, search terms).

7.2 Eldapt Instructure will not publicly disclose any Usage Data that identifies or can be attributed to You and Usage Data is used solely for internal purposes related to the Usability Program. 

8.1 In addition to personal data that may be included in any Usage Data, Feedback, or Recorded Media, Eldapt Instructure collects certain personal data about participants of the Usability Program for the purposes of registering participants and administering the program and Usability Studies.

8.2 You may provide us with contact details (e.g. email address or phone number, name, location); social media information where You link to, reference, or comment on Eldapt Instructure sites or posts; username, profile photo or avatar, and any comments or actions taken on Eldapt Instructure forums, such as Eldapt Instructure Community or as part of Eldapt Instructure certification programs; and any identifying information contained in support requests or program communications that You initiate.

8.3 To the extent Eldapt Instructure holds and uses any personal data about You for any purpose, Eldapt Instructure will comply with its published Privacy Policy, available at https://www.eldaptinstructure.com/privacy .

8.4 Except where Eldapt Instructure may request Your express consent to collect and use Your data (such as through an opt-in to receive Eldapt Instructure emails unrelated to the Usability Program), with respect to any personal data processed as part of the Usability Program, Eldapt Instructure relies upon its legitimate interest in developing, improving, and supporting its products and services. More information about Eldapt Instructure data practices and data privacy rights that may be available under applicable law are outlined in the Eldapt Instructure Privacy Policy. 

9.1 You may send termination notices to Eldapt Instructure by email to admin.eldaptinstructure.com. Any notices Eldapt Instructure sends to You will be sent to the email address You provide as part of Your registration with the Usability Program.

9.2 You may not assign this Agreement or any of Your rights hereunder. This Agreement, together with any terms of use provided to You as part of the Usability Program, is the entire Agreement between Alteryx and You with respect to Your participation in the Usability Program.

9.3 This Agreement supersedes any prior agreements and representations between You and Eldapt Instructure in relation to the subject matter herein. If any provision of this Agreement shall be determined unlawful, void, or for any reason unenforceable, that provision shall be enforced only to the extent permitted by applicable law and otherwise deemed severable from, and shall in no way affect the validity or enforceability of, the remaining provisions.

9.4 Eldapt Instructure may make changes to this Agreement from time to time by either publishing the revised version on the Usability Program web portal or through email notice to You, and You acknowledge and agree that continued participation in the program following such revision or notice constitutes Your acceptance of this Agreement as amended.