Welcome to the Subform Early Release Program
Subform is early release software, so there are a few things we want to emphasize before you get started.
Subform is under active development. Features may be added or removed, file formats may lose backwards compatibility, and bugs will occur. As such, it is not intended for use, and should not be used, in production or business-critical systems.
Subform is not for redistribution. Subform is licensed for your use only. Please don’t redistribute the software—we want those who have graciously contributed to this project the chance to use and influence it, first.
We are collecting data. In order to help us identify bugs and improve performance, we’ll be collecting diagnostic information about your use of Subform. This includes information about your design files. So if you’re working on anything that’s confidential or a trade secret, best to keep it out of Subform for now.
More detailed terms and conditions are below. Please read them carefully before proceeding.
Thanks! We can’t wait to hear your feedback.
Kevin + Ryan
Participation in the Subform Early Release Program. The purpose of the Subform Early Release Program (“Early Release Program”) is to make alpha, beta, seed, and other pre-release software, pre-release services, and related documentation, materials, and information (collectively, the “Pre-Release Software”) available to Early Release Program participants from time to time for the purpose of providing General Reactives with feedback on the quality and usability of the Pre-Release Software. You understand and agree that participation in the Early Release Program is voluntary and does not create a legal partnership, agency, or employment relationship between you and General Reactives. You understand that your participation in the Early Release Program does not obligate General Reactives to provide you with any Pre-Release Software. General Reactives reserves the right to modify the terms, conditions, and policies of this Early Release Program from time to time, and to revoke your participation in this Early Release Program at any time. If General Reactives makes changes to the terms and conditions of this Agreement, then General Reactives will present such revised terms and conditions to you on the talk.subformapp.com discussion board.
By participating in the Early Release Program, You certify that you are of the legal age of majority in the jurisdiction in which you reside (at least 18 years of age in many countries) and you represent that you are legally permitted to join the Early Release Program. This Agreement is void where prohibited by law and the right to become a Early Release Program participant is not granted in such jurisdictions. Unless otherwise agreed or permitted by General Reactives in writing, you cannot share or transfer any software or other materials you receive from General Reactives in connection with being an Early Release Program participant.
License Grant and Restrictions. Subject to your compliance with this Agreement, General Reactives hereby grants you a personal, limited license to use the General Reactives Software solely for testing and evaluation purposes and only in connection with this Early Release Program. This license does not grant you the right to use the General Reactives Software for any other purpose, or to disclose, reproduce, distribute, modify or create derivative works of the General Reactives Software. You agree not to decompile, reverse engineer, disassemble, decrypt, or otherwise attempt to derive the source code of any General Reactives Software (except as and only to the extent the foregoing restrictions are prohibited by applicable law, or to the extent as may be permitted by licensing terms governing use of open-sourced components included with any such General Reactives Software). You certify that the General Reactives Software will only be used for testing and evaluation purposes in connection with the Early Release Program, and will not be rented, sold, leased, sublicensed, assigned, distributed or otherwise transferred. General Reactives retains ownership of all General Reactives Software, and except as expressly set forth herein, no other rights or licenses are granted or to be implied under any General Reactives intellectual property.
Feedback; Contact from General Reactives. As part of the Early Release Program, General Reactives will provide you with the opportunity to submit bug reports, questionnaires, enhancement requests, issue reports and/or support information (collectively, “Feedback”) to General Reactives. General Reactives may request this information from you through the talk.subformapp.com discussion forum, as well as by email, web questionnaires, bug forms, and other mechanisms. By agreeing to this Agreement, you agree that General Reactives may contact you from time to time about the Early Release Program, and you hereby consent to receive such communications. You agree that in the absence of a separate written agreement to the contrary, General Reactives will be free to use any Feedback you provide for any purpose.
Definition of Confidential Information. You agree that the Pre-Release Software and any information concerning the Pre-Release Software (including its nature and existence, features, functionality, and screen shots), and any other information disclosed by General Reactives to you in connection with the Early Release Program will be considered and referred to in this Agreement as “Confidential Information.” Information that otherwise would be deemed Confidential Information but (a) is generally and legitimately available to the public through no fault or breach of yours, (b) is generally made available to the public by General Reactives, (c) is independently developed by you without the use of any Confidential Information, (d) was rightfully obtained from a third party who had the right to transfer or disclose it to you without limitation, or (e) any third party software and/or documentation provided to you by General Reactives and accompanied by licensing terms that do not impose confidentiality obligations on the use or disclosure of such software and/or documentation will not be considered Confidential Information under this Agreement. All Confidential Information remains the sole property of General Reactives and you have no implied licenses or other rights in the Confidential Information not specified in this Agreement.
Nonuse and Nondisclosure of Confidential Information. Except as expressly permitted in this Section 5, you agree that you will not disclose, publish, or otherwise disseminate any Confidential Information to anyone other than individuals who are also enrolled in the Early Release Program, or as otherwise expressly permitted or agreed to in writing by General Reactives. You further agree to take reasonable precautions to prevent any unauthorized use, disclosure, publication, or dissemination of Confidential Information, including preventing access to or display of the General Reactives Software to third parties. You agree to use the Confidential Information solely for the permitted uses as set forth in this Agreement. You agree not to use Confidential Information otherwise for your own or any third party’s benefit without the prior written approval of an authorized representative of General Reactives in each instance. You hereby acknowledge that unauthorized disclosure or use of Confidential Information could cause irreparable harm and significant injury to General Reactives that may be difficult to ascertain. Accordingly, you agree that General Reactives will have the right to seek immediate injunctive relief to enforce obligations under this Agreement in addition to any other rights and remedies it may have.
Precautions for the use of Pre-Release Software. GENERAL REACTIVES SHALL NOT BE RESPONSIBLE FOR ANY COSTS, EXPENSES OR OTHER LIABILITIES YOU MAY INCUR AS A RESULT OF YOUR TESTING, INSTALLATION OR USE OF PRE-RELEASE SOFTWARE, INCLUDING BUT NOT LIMITED TO ANY DAMAGE TO ANY EQUIPMENT, SOFTWARE OR DATA OR ANY LOSS OF DATA OR INFORMATION ARISING FROM YOUR USE OF SUCH PRE-RELEASE SOFTWARE. In addition, the Pre-Release Software may contain errors or inaccuracies that could cause failures, corruption or loss of data and/or information from your computer. General Reactives strongly encourages you to back-up all data and information on your computer, devices and/or any peripherals prior to your participation in the Early Release Program. The Pre-Release Software is not intended for use, and should not be used, in production or business-critical systems.
Consent to Collection and Use of Data. In order to test and help General Reactives improve its products and services, you acknowledge that General Reactives will be collecting, using, storing, processing and analyzing (collectively, “Collecting”) diagnostic, technical, and usage logs and information from your computers that are running such Pre-Release Software as part of this Early Release Program. The information that would be Collected includes, but is not limited to, general diagnostic and usage data, various unique system or hardware identifiers, information about your computer, and system and application software. By installing or using the Pre-Release Software on your computers, you acknowledge and agree that General Reactives has your permission to Collect all such information and use it as set forth above.
No Support and Maintenance; Future Products. During your participation in the Early Release Program, General Reactives is not obligated to provide you with any maintenance, technical or other support for the Pre-Release Software. You acknowledge that General Reactives has no express or implied obligation to announce or make available a commercial version of the Pre-Release Software to anyone in the future. Should a commercial version be made available, it may have features or functionality that are different from those found in the Pre-Release Software licensed hereunder.
Discussion Forums. As part of the Early Release Program, you will have the ability to participate in discussion forums provided by General Reactives about the Pre-Release Software and other Confidential Information that General Reactives may make available to you. For purposes of such discussion forums, General Reactives is providing a limited exception to Section 5 by allowing you to discuss certain General Reactives Confidential Information received by you in connection with the Early Release Program with other Early Release Program participants in the talk.subformapp.com discussion forum, and only within this discussion forum. Except for the limited purpose of discussions with others participants within such forums, you acknowledge and agree that this Agreement does not grant you the right to copy, reproduce, publish, blog, disclose, transmit, or otherwise disseminate any General Reactives Confidential Information.
No Warranty. The General Reactives Software provided hereunder may be designated as alpha, beta, development, pre-release, untested, or not fully tested versions. The General Reactives Software may be incomplete and may contain errors or inaccuracies that could cause failures, corruption and/or loss of data or information. You expressly acknowledge and agree that, to the extent permitted by applicable law, all use of the General Reactives Software is at your sole risk and that the entire risk as to satisfactory quality, performance, accuracy and effort is with you. GENERAL REACTIVES IS PROVIDING ALL CONFIDENTIAL INFORMATION, INCLUDING THE PRE-RELEASE SOFTWARE, TO YOU SOLELY ON AN “AS IS” BASIS AND WITHOUT ANY WARRANTY OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT, ACCURACY, COMPLETENESS, PERFORMANCE, AND FITNESS FOR A PARTICULAR PURPOSE. You acknowledge that General Reactives has not publicly announced the availability of the Pre-Release Software, that General Reactives has not promised or guaranteed to you that such Pre-Release Software will be announced or made available to anyone in the future, and that General Reactives has no express or implied obligation to you to announce or introduce the Pre-Release Software or any similar or compatible product, or to continue to offer access to the Pre-Release Software in the future.
Disclaimer of Liability. YOU ASSUME ALL RISKS AND ALL COSTS ASSOCIATED WITH TESTING, INSTALLATION, OR USE OF THE PRE-RELEASE SOFTWARE PROVIDED UNDER THIS AGREEMENT, INCLUDING, WITHOUT LIMITATION, ANY BACK-UP EXPENSES, COSTS INCURRED FOR THE USE OF THE PRE-RELEASE SOFTWARE ON YOUR COMPUTER, DEVICES AND/OR PERIPHERALS, AND ANY DAMAGE TO ANY EQUIPMENT, SOFTWARE, INFORMATION OR DATA TO THE EXTENT NOT PROHIBITED BY APPLICABLE LAW, IN NO EVENT WILL GENERAL REACTIVES BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES, WHETHER ARISING IN TORT (INCLUDING NEGLIGENCE), CONTRACT OR OTHERWISE, ARISING OUT OF OR RELATED TO THIS AGREEMENT, INCLUDING ANY LIABILITY THAT STEMS FROM ANY USE OF THE PRE-RELEASE SOFTWARE ON YOUR COMPUTER, DEVICES AND/OR ANY PERIPHERALS CONNECTED THERETO, AND/OR FROM ANY OTHER CONFIDENTIAL INFORMATION, AND/OR GENERAL REACTIVES’ PERFORMANCE OR FAILURE TO PERFORM UNDER THIS AGREEMENT, EVEN IF GENERAL REACTIVES HAS BEEN ADVISED OR IS AWARE OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT SHALL GENERAL REACTIVES’ TOTAL LIABILITY TO YOU FOR ALL DAMAGES (OTHER THAN AS MAY BE REQUIRED BY APPLICABLE LAW IN CASES INVOLVING PERSONAL INJURY) EXCEED THE AMOUNT OF FIFTY DOLLARS ($50.00). THE FOREGOING LIMITATIONS WILL APPLY EVEN IF THE ABOVE STATED REMEDY FAILS OF ITS ESSENTIAL PURPOSE.
Term and Termination. This Agreement will continue in effect until terminated in accordance with this Section 12. You may terminate this Agreement at any time, for any reason, but only by returning or destroying any Confidential Information that is in your possession or control (including, without limitation, any Pre-Release Software); provided however that if you are unable to purge certain Pre-Release Software from your computer and/or devices, then you agree that you will continue to hold the Pre-Release Software as Confidential Information. General Reactives may terminate this Agreement at any time, with or without cause, immediately upon written notice to you, and may terminate this Agreement immediately for any breach of the confidentiality provisions set forth herein. Within seven (7) days of your receipt of General Reactives’ termination notice, or earlier if requested by General Reactives, you will return, cease all use of, and/or destroy the Pre-Release Software and all other Confidential Information as provided in this Section.
No Waiver or Assignment. No delay or failure to take action under this Agreement will constitute a waiver unless expressly waived in writing, signed by a duly authorized representative of General Reactives, and no single waiver will constitute a continuing or subsequent waiver. This Agreement may not be assigned by you in whole or in part. Any contrary assignment shall be null and void.
Governing Law. This Agreement will be governed by and construed in accordance with the laws of the State of Oregon, as applied to agreements entered into and to be performed entirely within Oregon between Oregon residents.
Severability; Complete Understanding. If any provision of this Agreement is found to be unenforceable or invalid, that provision shall be limited or eliminated to the minimum extent necessary so that this Agreement shall otherwise remain in full force and effect and enforceable. This Agreement, including any appendices made effective pursuant to this Agreement and any additional licenses accompanying the General Reactives Software, constitutes the entire agreement with respect to the Confidential Information disclosed herein and supersedes all prior or contemporaneous oral or written agreements concerning such Confidential Information. Any inconsistencies between this Agreement and any license agreement accompanying the General Reactives Software will be governed by the license agreement accompanying the General Reactives Software. Except as expressly set forth herein, any waiver or amendment of any provision of this Agreement shall be effective only if in writing and signed by authorized representatives of both parties.