Important:

In consideration for your use of the software, services and any updates, customizations and/or enhancements, entitled ("Optimyser") provided by BluePenguin Software Inc. ("The Company"), you ("User") agree to the following terms and conditions.

Terms and Conditions:

1. Participant Feedback

You agree to provide reasonable feedback to ("The Company"), about your experiences using features such as A-B Split Tests, Fractional Factorial Multivariate Tests, Full Factorial Multivariate Tests, associated Control Panel and Reporting services, and information about the usability of the Optimyser Beta Test Program. All of your feedback shall be the property of ("The Company") and may be used by ("The Company") for any purpose it sees fit.

2. Optimyser Beta Test Materials

("The Company") shall provide you with all the login information ("Beta Test Materials") required for participation in the Beta Test Program. You may be obligated to return some or all of the Beta Test Materials sent to you, if so, ("The Company") will supply you with the necessary instructions.

3. Ownership of Beta Test Materials

You understand that ("The Company") or its affiliates shall own all of the Beta Test Materials, including without limitation all intellectual property rights therein. You shall keep the Beta Test Materials free of all security interests, liens, or other encumbrances. You may not sell, lease, license, loan or otherwise transfer or dispose of any of the Beta Test Materials. You shall keep the Beta Test Materials in your possession, custody and control in your own home or office. You will be responsible for any loss or damage to the Beta Test Materials.

4. Confidential Nature of Beta Test Materials

You acknowledge and agree that

1. the Beta Test Materials are the confidential information of ("The Company");
2. the Beta Test Materials are pre-release materials and not intended for public release;
3. disclosure of any part of the Beta Test Materials to any third party, including but not limited to any trade or consumer press, news agency or any competitor of ("The Company"), will cause significant and irreparable harm to ("The Company"), the extent of which may be difficult to ascertain. Accordingly, you agree ("The Company") shall be entitled to injunctive relief as well as all other legal remedies that may be available in the event you breach this agreement.

5.Participant's Warrants and Representations

You warrant and represent that you:

1. are at least 18 years of age;
2. own your computer and do not share it with anyone else;
3. will continue to have access to the Internet through an Internet service provider ("ISP") for the duration of the test;
4. will not post any comments or other communications which may be offensive or threatening;
5. acknowledge and agree that you have no expectation of privacy or confidentiality in any personal information, ideas, designs or inventions that you choose to disclose during your participation in the Beta Test Program or use of any of the Beta Test Materials;
6. agree that ("The Company") may remove any content created by you for any reason;
7. will not disclose any part of the Beta Test Materials to any third party, including but not limited to any trade or consumer press, news agency or any competitor of ("The Company");
8. will only use the Beta Test Materials in your home or office and you will not give any public exhibitions or displays using the Beta Test Materials;
9. agree that if you allow anyone else to use the Beta Test Materials in your home or office you accept responsibility for their acts, including any violations of this agreement which could result in the termination of your account;
10. will immediately notify ("The Company") if you find or become aware that the Beta Test Materials are in the possession of a third party, and you will use your best efforts to help recover the Beta Test Materials and to prevent any further loss.
11. will use the content and tools made available to you through the Private Beta Test Program only for the purposes intended as any misuse of such content or tools may result in immediate termination of your account and participation in the Private Beta Test Program;
12. will not misappropriate any of the intellectual property of ("The Company") or any other party as such misappropriation may result in legal prosecution;

6. NO WARRANTEE

SERVICES ARE PROVIDED "AS IS" AND, TO THE MAXIMUM EXTENT PROVIDED UNDER LAW, ("The Company") DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. WITHOUT LIMITING THE FOREGOING, ("The Company") DOES NOT GUARANTEE THAT YOU WILL BE ABLE TO USE SERVICES PROVIDED UNDER THE PRIVATE BETA TEST PROGRAM AT ANY TIME YOU WANT. FROM TIME TO TIME, THERE MAY BE PROBLEMS RELATED TO ACCESS, DELAY OR FAILURE TO PERFORM THAT ARE BEYOND THE REASONABLE CONTROL OF ("The Company"). YOU AGREE THAT ("The Company") HAS NO LIABILITY FOR SUCH DISCONTINUANCE.

7. LIMITATION OF LIABILITY AND REMEDIES

You agree that notwithstanding any damages that you might incur for any reason whatsoever (including, without limitation, all direct or general damages), the entire liability of ("The Company") and any of its affiliates under any provision of this Participation Agreement and your exclusive remedy for all of the foregoing shall be limited to Ten dollars ($10 U.S.). The foregoing limitations, exclusions and disclaimers shall apply to the maximum extent permitted by applicable law, even if any remedy fails of its essential purpose. In no event shall ("The Company") or its affiliates be liable for any special, incidental, indirect, or consequential damages whatsoever.

8. Term/Termination

This Participation Agreement will be effective from the time you click the "sign up" button until terminated. You may terminate this Participation Agreement at any time by returning the materials sent to you and providing ("The Company") written notification of your termination by sending an email to contact@optimyser.com. Your account and participation privileges may be terminated immediately if you fail to comply with any of the terms and conditions of this Participation Agreement or if you fail to provide reasonable feedback in a timely manner. ("The Company") also reserves the right to terminate your account or the Beta Test Program at any time with or without cause.

9. Governing Law and Venue

You agree that the laws of the State of Florida shall govern the terms of this Participation Agreement and your participation in the Beta Test Program.

10. Copy of Participation Agreement

Should you have any questions concerning this Participation Agreement please contact ("The Company") BluePenguin Software Inc. 102 NE 2nd St #286, Boca Raton, FL 33432

11. Acceptance

If you do not agree to be bound by the terms and conditions of this Agreement, do not continue any further. By clicking the "sign-up" button below you are once again representing that:

1. you are 18 years of age or older;
2. you wish to participate in the Beta Test Program;
3. you have read this entire Participation Agreement;
4. you specifically agree to be bound by all of the above listed terms and conditions.