Under the terms of this Eset Beta Program Agreement (hereinafter referred to as “the Agreement”) executed by and between ESET, spol. s r. o., having its registered office at Einsteinova 24, 851 01 Bratislava, Slovak Republic, registered in the Commercial Register administered by Bratislava I District Court, Section Sro, Entry No 3586/B, Business Registration Number: 31 333 535 (hereinafter referred to as "ESET" or “the Provider”) and you, a physical person or legal entity (hereinafter referred to as “You" or "the End User”), You are entitled to participate in Eset Beta Program and to use Software defined in Article 1 of this Agreement.
1.	BETA Software. As used in this Agreement the term "BETA Software" means: (i) the computer program and all components thereof in experimental pre-release stage of development made available by ESET to specific End Users according this Agreement in compliance with End User License Agreement attached to Beta Software licensed to You by the ESET. The Beta Software included in ESET BETA Program shall be provided exclusively in the form of executable object code. Beta Software is made available solely at own discretion of Provider only for time-limited testing period designateg by ESET for every particular BETA Software.
2.	Rights of End User. Subject to the condition that You have agreed to the terms of this Agreement and You comply with all the terms and conditions stipulated herein, the Provider shall grant to You non-exclusive, non-transferable, time-limited right to use Beta Software in compliance with End User License Agreement of particular Beta Software and/or its component without right to sub-license. You may use Beta Software solely for evaluation and testing purposes to deliver feedback according to tasks provided and specified by Provider in Eset Beta Program.
3.	Copyright. The Beta Software and all rights, without limitation including proprietary rights and intellectual property rights thereto are owned by ESET and/or its licensors. They are protected by international treaty provisions and by all other applicable national laws of the country in which the BETA Software is being used. The structure, organization and code of the Software are the valuable trade secrets and confidential information of ESET and/or its licensors. You must not copy the BETA Software, except as set forth in End User License Agreement attached to particular BETA Software. Any copies which You are permitted to make pursuant to this Agreement must contain the same copyright and other proprietary notices that appear on the Software. The Provider hereby reserves all rights to the BETA Software, with the exception of rights expressly granted under the terms of this Agreement and/or End User License Agreement attached to particular BETA Software to You as the End User of the BETA Software.
4.	Feedback reporting. Your agree to deliver feedback stipulated in Article 2 of this Agreement which includes problems, bugs, results of benchmarks and tests and/or any other information required by ESET in connection with use of BETA Software (hereinafter referred to as “Feedback").
5.	Rights of ESET. You agree that a worldwide, perpetual, royalty-free, irrevocable and exclusive license with the right to sublicense shall by granted to ESET with every Feedback you deliver in ESET BETA Program (hereinafter referred to as “License to feedback"). License to feedback shall include without limitation right to use Feedback in any manner ESET chooses.
6.	Confidentiality. Every information provided in ESET BETA Program is Confidential Information or can be deemed as constituting Confidential Information on the basis of other circumstances, You shall keep such information in secrecy and protect the same from being disclosed to third parties. You are  obliged to protect ESET’s Confidential Information from being disclosed to unauthorized persons to the same extent as You protects your own Confidential Information of similar importance. The extent of protection of the other Party’s Confidential Information must not, however, be lower than the standard and adequate level with regard to the protection of such information. You may not disclose ESET’s Confidential Information to a third party or utilize such information for your own needs contrary to the purpose for which such information was provided. Confidential Information shall exclude information which is or has become part of the public domain otherwise than through violation of a your obligations under this Agreement or as a result of your unlawful conduct. 
7.	Commencement and termination of the Agreement. This Agreement shall be effective from the date You agree to the terms of this Agreement. You may terminate this Agreement at any time by permanently uninstalling, destroying and returning, at your own cost, the Software, all back-up copies and all related materials provided by the Provider or its business partners. Irrespective of the manner of termination of this Agreement, the provisions of Articles 5, 6, 7, 8, 10, 13, and 15 shall continue to apply for an unlimited time.
8.	END USER DECLARATIONS. AS THE END USER YOU ACKNOWLEDGE THAT THE BETA SOFTWARE IS IN EXPERIMENTAL STAGE OF DEVELOPMENT AND IS PROVIDED "AS IS", WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, AND TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW. NEITHER THE PROVIDER, ITS LICENSORS OR AFFILIATES, NOR THE COPYRIGHT HOLDERS MAKE ANY REPRESENTATIONS OR WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE OR THAT THE SOFTWARE WILL NOT INFRINGE ANY THIRD PARTY PATENTS, COPYRIGHTS, TRADEMARKS OR OTHER RIGHTS. THERE IS NO WARRANTY BY THE PROVIDER OR BY ANY OTHER PARTY THAT THE FUNCTIONS CONTAINED IN THE BETA SOFTWARE WILL MEET YOUR REQUIREMENTS OR THAT THE OPERATION OF THE SOFTWARE WILL BE UNINTERRUPTED OR ERROR-FREE. YOU ASSUME ALL RESPONSIBILITY AND RISK FOR THE SELECTION OF THE SOFTWARE TO ACHIEVE YOUR INTENDED RESULTS AND FOR THE INSTALLATION, USE AND RESULTS OBTAINED FROM IT.
9.	No other obligations. This Agreement creates no obligations on the part of the Provider and its licensors other than as specifically set forth herein.
10.	LIMITATION OF LIABILITY. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL THE PROVIDER, ITS EMPLOYEES OR LICENSORS BE LIABLE FOR ANY LOST PROFITS, REVENUE, SALES, DATA OR COSTS OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES, PROPERTY DAMAGE, PERSONAL INJURY, INTERRUPTION OF BUSINESS, LOSS OF BUSINESS INFORMATION OR FOR ANY SPECIAL, DIRECT, INDIRECT, INCIDENTAL, ECONOMIC, COVER, PUNITIVE, SPECIAL OR CONSEQUENTIAL DAMAGES, HOWEVER CAUSED AND WHETHER ARISING UNDER CONTRACT, TORT, NEGLIGENCE OR OTHER THEORY OF LIABILITY, ARISING OUT OF THE USE OF OR INABILITY TO USE THE SOFTWARE, EVEN IF THE PROVIDER OR ITS LICENSORS OR AFFILIATES ARE ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. BECAUSE SOME COUNTRIES AND JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF LIABILITY, BUT MAY ALLOW LIABILITY TO BE LIMITED, IN SUCH CASES, THE LIABILITY OF THE PROVIDER, ITS EMPLOYEES OR LICENSORS OR AFFILIATES SHALL BE LIMITED TO THE SUM THAT YOU PAID FOR THE LICENSE.
11.	Nothing contained in this Agreement shall prejudice the statutory rights of any party dealing as a consumer if running contrary thereto.
12.	Privacy and personal data protection. As the End User, You hereby acknowledge and authorize the Provider to obtain, process and store data enabling the Provider to identify You such as name, address and email contact (optional phone and social network contacts) for the purpouse of ESET BETA Program operation including but not limited to provide You with news, competitions or any other events and/or tasks provided and specified by Provider to enable your participation.
As a Data Subject, You may exercise your rights according to Personal Data Protection Act which includes to request following information from the Provider: (i) confirmation whether your personal data are or are not being processed, (ii) information about the state of processing of your personal data in the filing system in a generally intelligible form (if an automated decision is issued, You shall be entitled to familiarize yourself with the procedure of the processing and evaluating of operations), (iii) exact information, in a generally intelligible form, about the source from which the Provider obtained your personal data for their processing, (iv) list of his personal data, in a generally intelligible form, which constitute the subject of the processing, (v) rectification or erasure of your inaccurate, incomplete or not updated personal data, which constitute the subject of the processing, (vi) erasure of your personal data, if the purpose of their processing was fulfilled, (vii) erasure of your personal data which constitute the subject of processing if there was a violation in the Law, (viii) blocking of his personal data due to the cancelation of the consent for personal data processing before its expiration if controller processes personal data based on your consent.
1.	Export and re-export control. The Software, the Documentation or components thereof, including information about the Software and components thereof, shall be subject to import and export controls under legal regulations which may be issued by governments responsible for issue thereof under applicable law, including US Export Administration Regulations, and end-user, end-use and destination restrictions issued by the US Government and other governments. You agree to comply strictly with all applicable import and export regulations and acknowledge that You have the responsibility to obtain all licenses required to export, re-export, transfer or import the Software.
2.	Notices. All notices and return of the Software and Documentation must be delivered to: ESET, spol. s r. o., Einsteinova 24, 851 01 Bratislava, Slovak Republic.
3.	Applicable law. This Agreement shall be governed by and construed in accordance with the laws of the Slovak Republic. The End User and the Provider hereby agree that the principles of the conflict of laws and the United Nations Convention on Contracts for the International Sale of Goods shall not apply. You expressly agree that any disputes or claims ensuing from this Agreement with respect to the Provider or any disputes or claims relating to use of the Software shall be settled by Bratislava I District Court and You expressly agree to the said court exercising jurisdiction.
4.	General provisions. Should any of the provisions of this Agreement be invalid or unenforceable, this shall not affect the validity of the other provisions of the Agreement, which shall remain valid and enforceable in accordance with the conditions stipulated therein. This Agreement may only be modified in written form, signed by an authorized representative of the Provider or a person expressly authorized to act in this capacity under the terms of a power of attorney.
5.	This is the entire Agreement between the Provider and You relating to the Software and it supersedes any prior representations, discussions, undertakings, communications or advertising relating to the Software.