BETA TEST SITE APPLICATION

By this application,
[hereinafter "Associate"]
and
[hereinafter "End-User"] hereby submits to NEC Corporation of America [hereinafter
"NEC"] for review as a potential applicant for consideration as a Beta test site. The product
to be evaluated is
[hereinafter Product].
1.

Installation Consideration

The End-User understands and acknowledges that the installation of the Product at the EndUser's site is one of the initial installations of this product under actual working conditions
and NEC makes no representations concerning the performance of the Product.
NEC MAKES NO WARRANTIES OF ANY KIND OR NATURE CONCERNING THE
PRODUCT INCLUDING BUT NOT LIMITED TO ANY IMPLIED WARRANTIES OF
MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE.
2.

Limitation of Liability

NECs liability for any and all claims of any kind, including negligence, for any loss or
damage arising out of, connected with or resulting from the purchase and installation of the
Product, or from the performance or breach thereof shall, in the aggregate, not exceed the
purchase price for the particular item of equipment.
IN NO EVENT SHALL NEC BE LIABLE FOR INDIRECT, SPECIAL INCIDENTAL
OR CONSEQUENTIAL DAMAGES RESULTING FROM OR ARISING OUT OF ITS
PERFORMANCE OR FAILURE TO PERFORM ITS OBLIGATIONS TO THE ENDUSER, WHETHER OR NOT NEC HAD BEEN ADVISED OF, KNEW, OR SHOULD
HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES.

3.

Software in Beta Test

Software to be evaluated is specified per Attachment No. 1, "HARDWARE AND

SOFTWARE REQUIREMENTS".
4.

Information and Data

The End-User shall make available to NEC upon request such information and data such as,
but not necessarily limited to: reports, studies, documents, records, plans, surveys,
photographs, drawings, etc., as are available to it and as required for the performance of this
agreement.
5.

Access to Beta Site

The End-User shall arrange for Associate/ or NEC representatives to have access to all
facilities for the performance of the Beta test as specified per this document.
Beta site location:

The End-User shall permit reasonable access to the Beta site to other end-users and
associates for a period of 60 days following the successful completion of the Beta test. All
requests for access shall be submitted to the End-User by NEC and must be submitted 10
working days prior to requested access date.
6.

Installation

The Associate shall provide installation services which include, but are not limited to the
assembly, wiring, and testing of material/software as ordered, or additions to, modifications
of, or removal of End-User existing hardware or software. NEC shall provide over the
telephone support and on site assistance as required and deemed appropriate.

7.

Documentation

All documentation is considered Preliminary. Formal documentation shall be provided at no

cost to the End-User when available for commercial release.
8.

Training

The Associate is responsible for End-User training.

9.

Reporting and Follow-Up

The Associate prior to the start of installation shall furnish NEC with the contact[s]
responsible for on-site installation activities [by name, title, telephone number and location].
The Associate shall be responsible prior to, during and following the installation and testing
of the application[s]/Product[s] under going Beta test for:
Coordinating all activities with the End-User.
All labor and follow up work which may be required following cutover.
Recording all service interruptions.
Assisting in the isolation and resolution of service/maintenance problems.
10.

Termination of Beta Test

Associate and End-User acknowledge and understand the Beta test shall be terminated
automatically 60 days after the in service date provided no service affecting problems have
been reported by the End-User to NEC. All service affecting problems which are a result of
the application or equipment under test will be recorded by NEC during the 60 day acceptance
period which has been established. All problems are to be reported in writing, referencing the
specific feature or system abnormality, to NEC Systems Engineering via the special Beta Web
Site account created for the NEC and the End-User.

11.

Publicity

NEC reserves the right to issue press releases or otherwise publicize the results of the Beta
test. In no event shall End-User publicize the performance of the Product or anything related
to this agreement without the written consent of NEC.
12.

Notification of Acceptance

NEC shall notify all applicants within 10 working days after receipt of their application as to
the status of their request. Note: The selection of the Beta test site candidate[s] shall be at the
discretion of NEC, as are the terms and conditions of this agreement.
13.

Software License

If End-User participates in the Beta Test, it shall have a limited license in any software until
termination of the Beta Test.
14.

Relationship of the Parties

Associate and End-User by signing this agreement acknowledge for all purposes, including
but not limited to tax, warranty claims or any other claims of any nature whatsoever, NEC is

responsible for the implementation, testing and all follow-up support which may be requested
by the End-User. NEC shall provide technical assistance as required and deemed
appropriate.

15.

Approving Signatures

Associate:
NAME:
TITLE:
SIGNATURE:
DATE:

END-USER:
NAME:
TITLE:
SIGNATURE:
DATE:

ATTACHMENT # 1
HARDWARE AND SOFTWARE REQUIREMENTS
ALL MATERIAL LISTED BELOW IS (ARE) TO BE SUPPLIED BY ASSOCIATE or
END-USER
Provided by NEC at No Charge

Not included, but required for this beta test:

Functional UNIVERGE SV9100 System appropriate component(s) (i.e., Line
cards, Licenses etc.) to support the Beta Product.

ATTACHMENT # 2
BETA TEST TERMINATION FORM

NEC is hereby terminating the Beta test site agreement entered into with End-User as of
______________________.
In the event the hardware and software under the Beta test is not at the commercially released
revision levels, NEC shall arrange for an Advanced Material Return Authorization [MRA]
and will schedule the replacement with the End-User.
By signing this form the NEC and End-User acknowledge the Beta test site is terminated.

NEC
NAME:
TITLE:
SIGNATURE:
DATE:

END-USER:
NAME:
TITLE:
SIGNATURE:
DATE: