BETA TEST SITE AGREEMENT I. Introduction This is an agreement between _______________________________________ (Tester) and Incline Software, LC (Owner) in which Tester agrees to test a software program known as PAFWiz (Program) and to keep Owner informed of the results of the tests. It is also a non-disclosure agreement, in which Tester agrees to keep information about Program confidential. II. Payment Tester agrees to accept as payment in full for their services an upgrade to version 2.0 of Program after final testing. III. Duties Beta Tester agrees to use Program as it is intended to be used. If Tester discovers any problem(s) with Program, Tester shall document, to the best of Tester's ability, the events that led up to the problem in Program and the manifestations of the problem. Tester will contact Owner within forty-eight (48) hours of the first noticed occurrence of the problem via e-mail (pafwizbeta@ancquest.com) or phone (1-800-825-8864 or 1-801-280-4434). If Tester tests Program for no less than an average of (4) hours per week for at least four (4) weeks during the beta test period (expected to be roughly 2 months), then Tester shall be entitled to Payment listed above. If Tester spends less than the requested time testing Program, Tester will forfeit right to Payment as noted above. Tester will complete the Beta Test Site User Questionnaire at the conclusion of beta testing and return it to Owner. Owner shall supply Tester with instructions for downloading a copy of Program and any necessary documentation or instructions regarding its operation. After the test period, Owner shall supply Beta Tester with a final copy of Program, version 2.0 upgrade and, when available, the 2.0 manual in PDF format. Tester shall be entitled to the same benefits and the same terms that regular purchasers of Program are entitled to. IV. Disclaimer of Warranty Tester understands that Program is experimental and that Owner does not warrant the performance of Program in any way. All warranties regarding fitness and merchantability are hereby disclaimed. Program is accepted AS IS, and owing to its experimental nature Tester is advised not to rely exclusively on Program for any reason. V. Trade Secrets/Non-Disclosure Tester recognizes that Program is a trade secret belonging to Owner. Tester hereby agrees not to disclose any information relating to Program (including its existence) to third parties without written permission from Owners, until Owners have formally released Program, and made a public announcement. After product release, Tester shall be released from this clause. VI. Limitations on Use Tester agrees not to sell or transfer any copies of Program or Program itself to third parties. Tester accepts Program under the condition that it is for Tester's own use and for no other purpose. Tester hereby acknowledges Owner's copyright in Program regardless of whether copyright notice appears on Program or whether it has been filed with the Copyright Office. ________________________________________________ _________________________ SIGNED (Tester) DATE Operating System being used: ___ Windows 95 ___ Windows 98 ___ Windows ME ___ Windows NT ___ Windows 2000 ___ Windows XP