Terms and Conditions: Beta Testing of Composer’s Timing Control Device Developed by Symphonova
By participating in the beta testing of the device developed by Symphonova UK Ltd. (the “Device”), whether during workshops or in individual studio settings, you (the “User”) acknowledge and agree to the following terms:
1. No Liability for Damage or Injury:
Symphonova, including its affiliates, officers, employees, and agents, shall not be liable for any damage, loss, or injury to any property or person arising from the use, handling, or operation of the Device, whether during the beta testing phase or afterward. This includes, but is not limited to, damage to equipment, computers, or other personal or professional property, and any personal injury or health issues resulting from use of the Device.
2. Assumption of Risk:
The User acknowledges and understands that the Device is in its beta testing phase and may contain defects, malfunctions, or other issues that could result in unforeseen risks. By voluntarily participating in the beta testing, the User assumes all risks associated with the use of the Device, including, but not limited to, software bugs, hardware malfunctions, or connectivity issues. This assumption of risk extends indefinitely for as long as the User continues to operate or interact with the Device, including any post-beta use.
3. Waiver of Claims:
By using the Device, both during and after the beta testing period, the User agrees to release and waive any and all claims, demands, or legal actions against Symphonova, its affiliates, officers, employees, or agents, for any damage, loss, or injury incurred as a result of using the Device. This waiver covers all claims, whether known or unknown, anticipated or unanticipated, including, but not limited to, claims for negligence, product liability, breach of warranty (express or implied), or failure to warn. This waiver remains in effect as long as the User continues to use the Device.
4. Indemnification:
The User agrees to indemnify, defend, and hold harmless Symphonova, its affiliates, officers, employees, and agents from any claims, damages, liabilities, costs, and expenses (including reasonable attorneys’ fees) arising from or related to the User’s use of the Device, whether during the beta testing phase or at any time thereafter. This indemnity obligation continues as long as the User uses the Device.
5. No Warranties:
The Device is provided “as is,” without any warranties, express or implied, including, but not limited to, warranties of merchantability, fitness for a particular purpose, or non-infringement. Symphonova makes no guarantees regarding the performance, functionality, or safety of the Device during or after the beta testing phase.
6. Acknowledgment and Agreement:
By participating in the beta testing of the Device, and by continuing to use the Device after the beta testing period, the User confirms that they have read, understood, and voluntarily agree to the terms outlined in the Terms and Conditions.