Testing or Beta Software Sample Clauses

Testing or Beta Software. The following provisions apply to any materials in the Software described as a ”pre-release” or ”beta” materials: 3.1.1. LICENSEE shall identify errors, potential improvements and provide other feedback (“Feedback”) to LICENSOR about the pre-release or beta Software as requested by LICENSOR, within five (5) days of any such request. 3.1.2. LICENSEE hereby assigns to LICENSOR all right, title and interest to any Feedback and all property rights therein including without limitation all inventions, developments, improvements, patent, copyright, derivative works, trade secret, mask work, trademark, moral right or other intellectual property rights. In the event LICENSOR is unable, after reasonable effort, to obtain LICENSEE’s signature on any such documents, LICENSEE hereby irrevocably designates and appoints the LICENSOR as LICENSEE’s agent and attorney-in-fact, to act for and on LICENSEE’s behalf solely to execute and file any such application or registrations or other document and do all other lawfully permitted acts to further the prosecution and issuance of patents, copyrights or other intellectual property protected related to the intellectual property rights in the Feedback with the same legal force and effect as if LICENSEE had executed them. ▇▇▇▇▇▇▇▇ agrees that this power of attorney is coupled with an interest. 3.1.3. LICENSEE confirms that the rights granted under this Agreement are for the non-commercial Purpose only. LICENSEE agrees to contact LICENSOR prior to any distributions of any material, creation, output, or file (“MATERIAL”) made using the Software. At least thirty (30) days before any proposed distribution of the MATERIAL, LICENSEE shall provide a report to LICENSOR providing details regarding: (i) the content of such MATERIAL; (ii) how the MATERIAL will be distributed; (iii) the intended recipient(s) of such MATERIAL; and (iv) the purpose of such distribution of the MATERIAL. Upon request, LICENSEE will supply to LICENSOR a copy of the MATERIAL. No distribution of the MATERIAL under this Section will be permitted absent LICENSOR’s written approval. 3.1.4. LICENSEE further agrees that additional licensing is required prior to any commercial distribution of any MATERIAL made using the Software. ▇▇▇▇▇▇▇▇ agrees to contact LICENSOR prior to any such distribution to obtain a commercial license. No such distributions are permitted under this Agreement.