By submitting your application to be a participant of the Early Adopter Program (“EAP”), you acknowledge that you have read, understood, and agree to be bound by the terms and conditions of this Agreement. Once your application is accepted, you will be considered a “Participant”.

1. Purpose and Scope

1.1 Objectives of the Early Adopter Program

The primary objective of the EAP is to foster a collaborative environment where selected Participants can provide valuable insights and feedback on Safe Software's FME software. This program aims to:

1. Gather user feedback on new and beta features of the FME software to enhance product development.
2. Engage with Participants to understand their needs and challenges, ensuring the FME software aligns with market demands.
3. Facilitate a two-way communication channel between Safe Software and its users to drive innovation and improvement.

1.2 Participant Involvement Expectations

As a Participant in the EAP, you are expected to:

1. Actively engage in forum discussions and provide constructive feedback on the FME software.
2. Participate in workshops and surveys, as applicable.
3. Test and evaluate new features of the FME software and provide timely feedback to Safe Software.

1.3 Code of Conduct

As a Participant in the EAP, you agree to Safe Software’s Code of Conduct, which is available at https://www.safe.com/legal/#safe-softwares-code-of-conduct.

2. Confidentiality

2.1 Definition of Confidential Information

For the purposes of this Agreement, "Confidential Information" shall include, but is not limited to, any and all information related to Safe Software's FME software and related offerings that is disclosed to Participants as part of the EAP and that is not publicly available. This includes unreleased features and betas, product roadmaps, technical specifications, business strategies, service innovations and any other proprietary information that is not publicly available.

2.2 Participant Obligations

Participants agree to:

1. Maintain the confidentiality of all Confidential Information disclosed to them during the course of the program.
2. Use the Confidential Information solely for the purpose of participating in the EAP.
3. Not disclose, publish, or disseminate any Confidential Information to any third party without the prior written consent of Safe Software.

2.3 Access to Other Participants' Data

Participants may receive access to the personal or confidential information of other Participants as part of their involvement in the program. You agree not to use such information for any purpose other than your participation in the EAP and to maintain the confidentiality of this information.

2.4 Duration of Confidentiality Obligations

The confidentiality obligations set forth in this Agreement shall remain in effect during the Participant's term in the program and for two years following the termination of their participation.

3. Intellectual Property

3.1 Ownership of Existing Intellectual Property

Safe Software retains all rights, title, and interest in and to its existing intellectual property, including but not limited to the FME software, its source code, design, and any associated documentation. Participation in the EAP does not grant Participants any rights to Safe Software's intellectual property, except as expressly provided in this Agreement.

3.2 Ownership of Feedback

Participant agrees that any feedback, suggestions, or ideas provided to Safe Software regarding the FME software and related offerings shall be the sole property of Safe Software. Participant hereby assigns all rights, title, and interest in such feedback to Safe Software. Safe Software may freely use, modify, distribute or incorporate such feedback into its software, products and services without any obligation, financial or otherwise, to the Participant. Safe Software is under no obligation to incorporate any feedback into its software or offerings.

4. Compensation and Recognition

4.1 Compensation for Participation

Participation in the EAP is voluntary, and no monetary compensation will be provided to Participants. However, Participants will have the opportunity to influence the development of the FME software and gain early access to new features.

4.2 Participant Recognition

Safe Software may recognize Participants for their contributions in public communications or at events. Participants consent to the use of their name, company affiliation, and company logo for recognition purposes unless they explicitly notify Safe Software otherwise.

5. Ceasing Participation

5.1 Notice to Cease Participation by Either Party

Either party may end the Participant's involvement in the EAP at any time by providing written notice to the other party. Termination of participation will be effective immediately after the notice is given, unless otherwise agreed to by both parties.

5.2 Process for Ending Participation

Upon termination, the Participant agrees to:

• Cease all use of any unreleased beta versions of the FME software provided as part of the program.
• Return or destroy any Confidential Information received during their participation, if instructed by Safe Software. 

5.3 Post-Termination Obligations

Participant’s obligations regarding confidentiality, as outlined in Section 2, shall survive the termination of their participation in the program for the duration specified in this Agreement. Any feedback or suggestions provided by Participants prior to termination shall remain the property of Safe Software.

6. Liability and Disclaimers

6.1 Disclaimers for Beta Features or Software

Participants acknowledge that beta versions of the FME software may contain bugs, errors, or other issues and are provided "as is" without any warranties, express or implied. Safe Software disclaims all warranties, including but not limited to, the implied warranties of merchantability, fitness for a particular purpose, and non-infringement.

6.2 Limitation of Liability

Safe Software shall not be liable for any direct, indirect, incidental, special, consequential, or punitive damages arising out of or related to the Participant's use of beta features or participation in the EAP, even if Safe Software has been advised of the possibility of such damages.

7. General Provisions

7.1 Governing Law

This Agreement shall be governed by and construed in accordance with the laws of the Province of British Columbia, Canada, without regard to its conflict of law principles.

7.2 Amendment Procedures

Safe Software reserves the right to amend or modify this Agreement at any time. Any changes will be posted online, and Participants will be notified of such changes. Continued participation in the EAP following the posting of changes constitutes acceptance of the revised terms.