This Beta Agreement ("Agreement") is effective as of the date of your acceptance (the "Effective Date"), between Bulbstorm, Inc. ("Bulbstorm") and the Beta User indicating acceptance. Its purpose is to obtain qualified data about the Bulbstorm Beta Site's utility, reliability, maintainability, functional performance, user acceptance, and any other factors that might influence the design and marketability of the final versions of the Beta Site. As used herein, "Beta Site" means Bulbstorm's beta website, including any documentation and any updated version of such site provided to Beta User by Bulbstorm, and "Beta Period" shall mean the period from the Effective Date until Bulbstorm terminates the beta test program.

1.     Access Grant. Bulbstorm grants Beta User a non-exclusive, non-transferable, royalty-free right, for the Beta Period, to access and use the Beta Site, solely for trial and evaluation purposes, and subject to the Terms of Use posted on the Beta Site. Beta User acknowledges that the Beta Site is a test website, the accuracy, completeness, and reliability of which cannot be guaranteed, and that Beta User may experience bugs, errors and difficulty in use.

2.     Confidentiality. Beta User acknowledges that the Beta Site and portions thereof, until made public, remain the confidential information of Bulbstorm, and shall use reasonable care to protect them from disclosure. Beta User shall not rent, lease, sell, sublicense, assign or otherwise transfer the Beta Site, nor reverse engineer, decompile, or disassemble the Beta Site, nor use the Beta Site for any purpose other than as provided in this Agreement.

3.     Beta Testing. During the Beta Period, Beta User agrees to use reasonable commercial efforts to report to Bulbstorm personnel all errors, bugs, difficulties or other problems with the Beta Site upon their discovery. Beta User agrees to use reasonable efforts to provide Bulbstorm with Beta Site performance reports by telephone or e-mail as and when reasonably requested by Bulbstorm. These reports shall detail any previously unreported errors, departures from specifications, or other problems or difficulties encountered with the Beta Site, and any suggested changes, clarifications, additions or other improvements to the Beta Site, including the documentation provided to Beta User. Beta User agrees that the submission to Bulbstorm of any suggestions, changes or modifications for inclusion in the Beta Site shall constitute a grant to Bulbstorm without charge of a right to publish and use such suggestions, changes and modifications under a copyright notice determined by Bulbstorm.

4.     Term and Termination. The term of this Agreement shall commence on the Effective Date and continue until terminated by either party in writing at any time, with or without cause; provided, however, that this Agreement will automatically terminate without notice upon the expiration of the Beta Period. Obligations in Section 4 shall survive termination or expiration of this Agreement.

5.     Warranty Disclaimer and Limitations on Liability. Because the Beta Site is experimental and supplied for evaluation purposes only, it is supplied "AS IS" without warranties.