Common use of Beta Services Clause in Contracts

Beta Services. From time to time, Corelight may make Beta Services available to Customer at no charge. Customer may choose to try such Beta Services in its sole discretion. Customer may use the Beta Services for the period specified by Corelight (“Beta Period”). Customer will test the Beta Services in accordance with any conditions specified in the readme file for the software or any accompanying Documentation and will gather and report test data, feedback, comments, and suggestions to Corelight. Customer’s right to use the Beta Services will terminate upon expiry of the Beta Period. Corelight does not warrant that it will release a commercial version of the Beta Services, or that a commercial version will contain the same or similar features as the Beta Services. Additional terms and conditions may apply and will appear on the at ▇▇▇▇▇://▇▇▇.▇▇▇▇▇▇▇▇▇.▇▇▇/legal/agreements. Any such additional terms and conditions are incorporated into this Agreement by reference and are legally binding. Customer’s use of the Beta Services shall be governed by this Agreement, as modified by this subsection. ANY DATA CUSTOMER ENTERS INTO THE BETA SERVICES, AND ANY CUSTOMIZATIONS MADE TO THE BETA SERVICES BY OR FOR CUSTOMER, DURING CUSTOMER’S BETA PERIOD WILL BE PERMANENTLY LOST UNLESS CUSTOMER EXPORTS SUCH DATA, BEFORE THE END OF THE BETA PERIOD. NOTWITHSTANDING THE “REPRESENTATIONS, WARRANTIES, AND DISCLAIMERS” SECTION AND “INDEMNIFICATION BY CORELIGHT” SECTION BELOW, DURING THE BETA SERVICES ARE PROVIDED “AS-IS” WITHOUT ANY WARRANTY AND CORELIGHT SHALL HAVE NO INDEMNIFICATION OBLIGATIONS NOR LIABILITY OF ANY TYPE WITH RESPECT TO THE BETA SERVICES FOR THE BETA PERIOD UNLESS SUCH EXCLUSION OF LIABILITY IS NOT ENFORCEABLE UNDER APPLICABLE LAW IN WHICH CASE CORELIGHT’S LIABILITY WITH RESPECT TO THE B E T A SERVICES PROVIDED DURING THE BETA PERIOD SHALL NOT EXCEED $1,000.00. WITHOUT LIMITING THE FOREGOING, CORELIGHT AND ITS AFFILIATES AND ITS LICENSORS DO NOT REPRESENT OR WARRANT TO CUSTOMER THAT: (A) CUSTOMER’S USE OF THE BETA SERVICES DURING THE BETA PERIOD WILL MEET CUSTOMER’S REQUIREMENTS, (B) CUSTOMER’S USE OF THE BETA SERVICES DURING THE BETA PERIOD WILL BE UNINTERRUPTED, TIMELY, SECURE OR FREE FROM ERROR, AND (C) USAGE DATA PROVIDED DURING THE BETA PERIOD WILL BE ACCURATE. NOTWITHSTANDING ANYTHING TO THE CONTRARY IN THE “LIMITATION OF LIABILITY” SECTION BELOW, CUSTOMER SHALL BE FULLY LIABLE UNDER THIS AGREEMENT TO CORELIGHT AND ITS AFFILIATES FOR ANY DAMAGES ARISING OUT OF CUSTOMER’S USE OF THE BETA SERVICES DURING THE BETA PERIOD, ANY BREACH BY CUSTOMER OF THIS AGREEMENT AND ANY OF CUSTOMER’S INDEMNIFICATION OBLIGATIONS HEREUNDER.

Appears in 3 contracts

Sources: Master Customer Agreement, Master Customer Agreement, Master Customer Agreement

Beta Services. From time to time, Corelight may make Beta Services available to Customer at no charge12.1 Generally. Customer may choose to try such Beta Services in its sole discretion. Customer may use the Beta Services for the period specified by Corelight (“Beta Period”). Customer will test the Beta Services in accordance with any conditions specified in the readme file for the software or any accompanying Documentation and will gather and report test data, feedback, comments, and suggestions to Corelight. Customer’s right to use the Beta Services will terminate upon expiry of the Beta Period. Corelight does not warrant that it will release a commercial version of the Beta Services, or that a commercial version will contain the same or similar features as the Beta Services. Additional terms and conditions may apply and will appear on the at ▇▇▇▇▇://▇▇▇.▇▇▇▇▇▇▇▇▇.▇▇▇/legal/agreements. Any such additional terms and conditions are incorporated into this Agreement by reference and are legally binding. Customer’s use of the Beta Services shall be governed by this Agreement, as modified by this subsection. ANY DATA CUSTOMER ENTERS INTO THE BETA SERVICES, AND ANY CUSTOMIZATIONS MADE TO Logtrade DOES NOT SUPPORT THE BETA SERVICES BY OR FOR CUSTOMERTHE CONTENT. Logtrade AND ITS LICENSORS HAVE NO LIABILITIES REGARDING EXECUTION, DURING CUSTOMER’S WARRANTY OR WARRANTY OF RELIABILITY, QUALITY, SUITABILITY, AVAILABILITY OR OPPORTUNITY. THE BETA PERIOD WILL BE PERMANENTLY LOST UNLESS CUSTOMER EXPORTS SUCH DATASERVICES AND ALL CONTENT ARE PROVIDED ”AS IS”. ALL CONDITIONS, BEFORE CALCULATION AND GUARANTIES EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, INCLUDING, WITHOUT LIMITATION, THE END IMPLIED MERCHANTABILITY, FUNCTION FOR A PARTICULAR PURPOSE AND NON-VIOLATION OF THIRD-PARTY RIGHTS ARE HEREBY DISCLAIMED TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW BY Logtrade AND ITS LICENSORS. THE CUSTOMER ACKNOWLEDGES AND AGREES THAT: (A) THE BETA SERVICE IS NOT FINAL FORM, HAS NOT BEEN RELEASED FOR THE SALE OF Logtrade AND MAY CONTAIN DEFECTS, ERRORS, DESIGN ERRORS OR OTHER PROBLEMS THAT CANNOT OR CAN BE CORRECTED, (B) THE USE OF THE BETA PERIOD. NOTWITHSTANDING THE “REPRESENTATIONSSERVICE MAY NOT BE SAFE, WARRANTIESQUICK, AND DISCLAIMERS” SECTION AND “INDEMNIFICATION BY CORELIGHT” SECTION BELOWUNINTERRUPTED OR ERROR-FREE OR WORK IN COMBINATION WITH ANY OTHER HARDWARE SOFTWARE, DURING THE BETA SERVICES ARE PROVIDED “AS-IS” WITHOUT ANY WARRANTY AND CORELIGHT SHALL HAVE NO INDEMNIFICATION OBLIGATIONS NOR LIABILITY OF ANY TYPE WITH RESPECT TO THE BETA SERVICES FOR THE BETA PERIOD UNLESS SUCH EXCLUSION OF LIABILITY IS NOT ENFORCEABLE UNDER APPLICABLE LAW IN WHICH CASE CORELIGHT’S LIABILITY WITH RESPECT TO THE B E T A SERVICES PROVIDED DURING THE BETA PERIOD SHALL NOT EXCEED $1,000.00. WITHOUT LIMITING THE FOREGOING, CORELIGHT AND ITS AFFILIATES AND ITS LICENSORS DO NOT REPRESENT SYSTEM OR WARRANT TO CUSTOMER THAT: DATA, (AC) CUSTOMER’S DATA STORED THROUGH USE OF THE BETA SERVICES DURING MAY NOT BE CORRECT OR RELIABLE, (D) THE BETA PERIOD WILL MEET SERVICES OR THE QUALITY OF THE PRODUCTS, INFORMATION OR OTHER MATERIAL PURCHASED OR RECEIVED BY A CUSTOMER THROUGH THE BETA SERVICES MAY NOT FULFILL THE CUSTOMER’S NEEDS OR REQUIREMENTS, OR (BF) CUSTOMER’S BETA SERVICES MAY BE SUBJECT TO RESTRICTIONS, DELAYS AND OTHER PROBLEMS EXISTING IN THE USE OF THE BETA SERVICES DURING THE BETA PERIOD WILL BE UNINTERRUPTED, TIMELY, SECURE OR FREE FROM ERROR, INTERNET AND (C) USAGE DATA PROVIDED DURING THE BETA PERIOD WILL BE ACCURATE. NOTWITHSTANDING ANYTHING TO THE CONTRARY IN THE “LIMITATION OF LIABILITY” SECTION BELOW, CUSTOMER SHALL BE FULLY LIABLE UNDER THIS AGREEMENT TO CORELIGHT AND ITS AFFILIATES FOR ANY DAMAGES ARISING OUT OF CUSTOMER’S USE OF THE BETA SERVICES DURING THE BETA PERIOD, ANY BREACH BY CUSTOMER OF THIS AGREEMENT AND ANY OF CUSTOMER’S INDEMNIFICATION OBLIGATIONS HEREUNDERELECTRONIC COMMUNICATION.

Appears in 2 contracts

Sources: Terms and Conditions, Terms and Conditions

Beta Services. From time to time, Corelight PeerNova may make Beta Services available to Customer at no charge. Customer may choose to try use such Beta Services or not in its sole discretion. Customer may use the Use of Beta Services for is subject to the period specified by Corelight (“Beta Period”). Customer will test the Beta Services in accordance with any conditions specified in the readme file for the software or any accompanying Documentation and will gather and report test data, feedback, comments, and suggestions to Corelight. Customer’s right to use the Beta Services will terminate upon expiry of the Beta Period. Corelight does not warrant that it will release a commercial version of the Beta Services, or that a commercial version will contain the same or similar features as the Beta Services. Additional terms and conditions of this Agreement. PeerNova may apply and will appear on the at ▇▇▇▇▇://▇▇▇.▇▇▇▇▇▇▇▇▇.▇▇▇/legal/agreements. Any such additional terms and conditions are incorporated into this Agreement by reference and are legally binding. Customer’s use of the change Beta Services shall be governed by without notice. In the event of a conflict between this section and any other portion of this Agreement, as modified by this subsectionsection shall control. ANY DATA CUSTOMER ENTERS INTO THE BETA SERVICES, AND ANY CUSTOMIZATIONS MADE TO THE BETA SERVICES BY OR FOR CUSTOMER, DURING CUSTOMER’S BETA PERIOD WILL BE PERMANENTLY LOST UNLESS CUSTOMER EXPORTS SUCH DATA, BEFORE THE END OF THE BETA PERIOD. NOTWITHSTANDING THE “REPRESENTATIONS, WARRANTIES, AND DISCLAIMERS” SECTION AND “INDEMNIFICATION BY CORELIGHT” SECTION BELOW, DURING THE BETA SERVICES ARE PROVIDED “AS-AS IS” AND ARE NOT READY FOR PRODUCTION OR COMMERCIAL USE. PEERNOVA DISCLAIMS ALL WARRANTIES REGARDING BETA SERVICES, INCLUDING, WITHOUT LIMITATION, ANY WARRANTY IMPLIED WARRANTIES OF MERCHANTABILITY, TITLE, NONINFRINGEMENT, AND CORELIGHT FITNESS FOR A PARTICULAR PURPOSE. PEERNOVA SHALL HAVE NO INDEMNIFICATION OBLIGATIONS NOR LIABILITY OF ANY TYPE WITH RESPECT TO THE BETA SERVICES FOR THE BETA PERIOD UNLESS SUCH EXCLUSION OF LIABILITY IS NOT ENFORCEABLE UNDER APPLICABLE LAW LAW, IN WHICH CASE CORELIGHTPEERNOVA’S LIABILITY WITH RESPECT TO THE B E T A SERVICES PROVIDED DURING THE BETA PERIOD FREE TRIAL SHALL NOT EXCEED $1,000.00100.00. WITHOUT LIMITING THE FOREGOING, CORELIGHT PEERNOVA AND ITS AFFILIATES AND ITS LICENSORS DO NOT REPRESENT OR WARRANT TO CUSTOMER THAT: (A) CUSTOMER’S USE OF THE BETA SERVICES DURING THE BETA PERIOD WILL MEET CUSTOMER’S REQUIREMENTS, (B) CUSTOMER’S USE OF THE BETA SERVICES DURING THE BETA PERIOD WILL BE UNINTERRUPTED, TIMELY, SECURE OR FREE FROM ERROR, AND OR (C) USAGE DATA PROVIDED DURING THROUGH THE BETA PERIOD SERVICES WILL BE ACCURATE. NOTWITHSTANDING ANYTHING TO THE CONTRARY IN THE “LIMITATION SECTION 9 (LIMITATIONS OF LIABILITY” SECTION BELOW), CUSTOMER SHALL BE FULLY LIABLE UNDER THIS AGREEMENT TO CORELIGHT PEERNOVA AND ITS AFFILIATES FOR ANY DAMAGES ARISING OUT OF CUSTOMER’S USE OF THE BETA SERVICES DURING THE BETA PERIODSERVICES, ANY BREACH BY CUSTOMER OF THIS AGREEMENT AND ANY OF CUSTOMER’S INDEMNIFICATION OBLIGATIONS HEREUNDER.

Appears in 1 contract

Sources: Master Subscription Agreement

Beta Services. From time We may, as part of a Trial License or a purchased Subscription to timethe Hosted Service, Corelight invite you to access and try certain software or hosting services, or features thereof, that are designated as alpha, beta, pilot, early access, pre-release, limited release, developer preview, technical preview, or by a description of similar import (“Beta Services”). You may make Beta Services available to Customer at no charge. Customer may choose to try accept or decline any such Beta Services trial in its your sole discretion. Customer may use the Beta Services are for evaluation purposes only, and not for production use, are not considered part of the period specified by Corelight (“Beta Period”)generally available Hosted Service, and may be subject to additional terms. Customer will test the Beta Services in accordance with any conditions specified If you elect to participate in the readme file for the software or any accompanying Documentation and will gather and report test data, feedback, comments, and suggestions to Corelight. Customer’s right to use the Beta Services will terminate upon expiry of the Beta Period. Corelight does not warrant that it will release a commercial version trial of the Beta Services, or that a commercial version will contain then you are expected to provide timely and constructive feedback during the same or similar features as trial period for the Beta Services. Additional terms and conditions may apply and We will appear on exercise commercially reasonable efforts to support you in your use of the at Beta Services; however, we make no commitments regarding response times or the implementation or availability of updates, error corrections or work arounds associated with the Beta Services. THE WARRANTIES SET FORTH IN THIS ▇▇▇▇▇://▇▇▇.▇▇▇▇▇▇▇▇▇.▇▇▇/legal/agreements▇ DO NOT APPLY TO BETA SERVICES, AND TO THE EXTENT PERMITTED BY APPLICABLE LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NONINFRINGEMENT, AVAILABILITY, ERROR-FREE OR UNINTERRUPTED OPERATION, AND ANY WARRANTIES ARISING FROM COURSE OF DEALING, COURSE OF PERFORMANCE, OR USAGE OF TRADE. Any such additional terms The Beta Services are provided “AS IS" and conditions are incorporated into this Agreement by reference and are legally binding. Customer’s any use of the Beta Services shall be governed by this Agreementyou is at your own risk. We will have no liability for any harm or damages arising out of or in connection with the Beta Services. Unless otherwise agreed by us in a written instrument executed or issued by us, as modified by this subsectionthe trial period for the Beta Services will expire at the end of a ninety (90) day period commencing on the date you are issued credentials to access the Beta Service or the date that a version of the Beta Services becomes generally available, whichever occurs sooner. ANY DATA CUSTOMER ENTERS INTO THE BETA SERVICES, AND ANY CUSTOMIZATIONS MADE TO THE BETA SERVICES BY OR FOR CUSTOMER, DURING CUSTOMER’S BETA PERIOD WILL BE PERMANENTLY LOST UNLESS CUSTOMER EXPORTS SUCH DATA, BEFORE THE END OF THE BETA PERIOD. NOTWITHSTANDING THE “REPRESENTATIONS, WARRANTIES, AND DISCLAIMERS” SECTION AND “INDEMNIFICATION BY CORELIGHT” SECTION BELOW, DURING THE BETA SERVICES ARE PROVIDED “AS-IS” WITHOUT ANY WARRANTY AND CORELIGHT SHALL HAVE NO INDEMNIFICATION OBLIGATIONS NOR LIABILITY OF ANY TYPE WITH RESPECT TO THE BETA SERVICES FOR THE BETA PERIOD UNLESS SUCH EXCLUSION OF LIABILITY IS NOT ENFORCEABLE UNDER APPLICABLE LAW IN WHICH CASE CORELIGHT’S LIABILITY WITH RESPECT TO THE B E T A SERVICES PROVIDED DURING THE BETA PERIOD SHALL NOT EXCEED $1,000.00. WITHOUT LIMITING THE FOREGOING, CORELIGHT AND ITS AFFILIATES AND ITS LICENSORS DO NOT REPRESENT OR WARRANT TO CUSTOMER THAT: (A) CUSTOMER’S USE OF THE BETA SERVICES DURING THE BETA PERIOD WILL MEET CUSTOMER’S REQUIREMENTS, (B) CUSTOMER’S USE OF THE BETA SERVICES DURING THE BETA PERIOD WILL BE UNINTERRUPTED, TIMELY, SECURE OR FREE FROM ERROR, AND (C) USAGE DATA PROVIDED DURING THE BETA PERIOD WILL BE ACCURATE. NOTWITHSTANDING ANYTHING TO THE CONTRARY IN THE “LIMITATION OF LIABILITY” SECTION BELOW, CUSTOMER SHALL BE FULLY LIABLE UNDER THIS AGREEMENT TO CORELIGHT AND ITS AFFILIATES FOR ANY DAMAGES ARISING OUT OF CUSTOMER’S USE OF THE BETA SERVICES DURING THE BETA PERIOD, ANY BREACH BY CUSTOMER OF THIS AGREEMENT AND ANY OF CUSTOMER’S INDEMNIFICATION OBLIGATIONS HEREUNDERWe may discontinue Beta Services at any time in our sole discretion and may never make them generally available.

Appears in 1 contract

Sources: End User License Agreement

Beta Services. From time to time, Corelight We may make Beta Services available to Customer You at no charge. Customer You may choose to try such Beta Services or not in its Your sole discretion. Customer may use the Beta Services are intended for the period specified by Corelight (“Beta Period”)evaluation purposes and not for production use, are not supported, and may be subject to additional terms. Customer will test the Beta Services in accordance with any conditions specified in are not considered “Services” under this Agreement, however, all restrictions, Our reservation of rights and Your obligations concerning the readme file for the software or any accompanying Documentation and will gather and report test data, feedback, commentsServices, and suggestions use of any related Non-SmartSimple Applications and Content, shall apply equally to CorelightYour use of Beta Services. Customer’s right to use the Unless otherwise stated, any Beta Services trial period will terminate expire upon expiry the earlier of one year from the Beta Period. Corelight does not warrant trial start date or the date that it will release a commercial version of the Beta Services becomes generally available without the applicable Beta Services designation. We may discontinue Beta Services at any time in Our sole discretion and may never make them generally available. We will have no liability for any harm or damage arising out of or in connection with a Beta Service. Use of Services and Content Subscriptions. Unless otherwise provided in the applicable Order Form or Documentation, (a) Services and access to Content are purchased as subscriptions for the term stated in the applicable Order Form, (b) subscriptions may be added during a subscription term at the same pricing as the underlying subscription pricing, prorated for the portion of that subscription term remaining at the time the subscriptions are added, and (c) any added subscriptions will terminate on the same date as the underlying subscriptions. Usage Limits. Services and Content are subject to usage limits, including, for example, the quantities specified in Order Forms and Documentation. Unless otherwise specified, (a) a quantity in an Order Form refers to Users, and the Service or Content may not be accessed by more than that number of Users, (b) a User’s password may not be shared with any other individual, and (c) except as set forth in an Order Form, a User identification may only be reassigned to a new individual replacing one who will no longer use the Service or Content. We reserve the right to review the usage limits of the Services and Content on an annual basis. Such reviews will be conducted at the time of renewal. Your Responsibilities. You will (a) be responsible for Users’ compliance with this Agreement, Documentation and Order Forms, (b) be responsible for the accuracy, quality and legality of Your Data and the means by which You acquired Your Data, Your use of Your Data with the Services, and the interoperation of any Non-SmartSimple Applications with which You use Services or Content, (c) use commercially reasonable efforts to prevent unauthorized access to or use of Services and Content, and notify Us promptly of any such unauthorized access or use, (d) use Services and Content only in accordance with this Agreement, Documentation, Section 3.5, Order Forms and applicable laws and government regulations, and (e) comply with terms of service of any Non-SmartSimple Applications with which You use Services or Content. Usage Restrictions. You will not (a) make any Service or Content available to anyone other than You or Users, or use any Service or Content for the benefit of, anyone other than You or Your Affiliates, unless expressly stated otherwise in an Order Form or the Documentation, (b) sell, resell, license, sublicense, distribute, make available, rent or lease any Service or Content, or include any Service or Content in a service bureau or outsourcing offering, (c) use a Service or Non-SmartSimple Application to store or transmit infringing, libelous, or otherwise unlawful or tortious material, or to store or transmit material in violation of third-party privacy rights, (d) use a Service or Non-SmartSimple Application to store or transmit Malicious Code, (e) interfere with or disrupt the integrity or performance of any Service or third-party data contained therein, (f) attempt to gain unauthorized access to any Service or Content or its related systems or networks, (g) permit direct or indirect access to or use of any Service or Content in a way that circumvents a commercial version will contain contractual usage limit, or use any of Our Services to access or use any of Our intellectual property except as permitted under this Agreement, an Order Form, or the same Documentation, (h) modify, copy, or create derivative works based on a Service or any part, feature, function or user interface thereof, (i) copy Content except as permitted herein or in an Order Form or the Documentation, (j) frame or mirror any part of any Service or Content, other than framing on Your own intranets or otherwise for Your own internal business purposes or as permitted in the Documentation, (k) except to the extent permitted by applicable law, disassemble, reverse engineer, or decompile a Service or Content or access it to (1) build a competitive product or service, (2) build a product or service using similar features as ideas, features, functions or graphics of the Beta Services. Additional terms and conditions may apply and will appear on Service, (3) copy any ideas, features, functions, or graphics of the at ▇▇▇▇▇://▇▇▇.▇▇▇▇▇▇▇▇▇.▇▇▇/legal/agreementsService, or (4) determine whether the Services are within the scope of any patent. Any such additional terms and conditions are incorporated into this Agreement by reference and are legally binding. Customer’s use of the Beta Services shall be governed by in breach of this Agreement, as modified Documentation, Section 3.5, or Order Forms, by this subsection. ANY DATA CUSTOMER ENTERS INTO THE BETA SERVICESYou or Users that in Our judgment threatens the security, AND ANY CUSTOMIZATIONS MADE TO THE BETA SERVICES BY OR FOR CUSTOMERintegrity or availability of Our services, DURING CUSTOMER’S BETA PERIOD WILL BE PERMANENTLY LOST UNLESS CUSTOMER EXPORTS SUCH DATAmay result in Our immediate suspension of the Services, BEFORE THE END OF THE BETA PERIOD. NOTWITHSTANDING THE “REPRESENTATIONS, WARRANTIES, AND DISCLAIMERS” SECTION AND “INDEMNIFICATION BY CORELIGHT” SECTION BELOW, DURING THE BETA SERVICES ARE PROVIDED “AS-IS” WITHOUT ANY WARRANTY AND CORELIGHT SHALL HAVE NO INDEMNIFICATION OBLIGATIONS NOR LIABILITY OF ANY TYPE WITH RESPECT TO THE BETA SERVICES FOR THE BETA PERIOD UNLESS SUCH EXCLUSION OF LIABILITY IS NOT ENFORCEABLE UNDER APPLICABLE LAW IN WHICH CASE CORELIGHT’S LIABILITY WITH RESPECT TO THE B E T A SERVICES PROVIDED DURING THE BETA PERIOD SHALL NOT EXCEED $1,000.00. WITHOUT LIMITING THE FOREGOING, CORELIGHT AND ITS AFFILIATES AND ITS LICENSORS DO NOT REPRESENT OR WARRANT TO CUSTOMER THAT: (A) CUSTOMER’S USE OF THE BETA SERVICES DURING THE BETA PERIOD WILL MEET CUSTOMER’S REQUIREMENTS, (B) CUSTOMER’S USE OF THE BETA SERVICES DURING THE BETA PERIOD WILL BE UNINTERRUPTED, TIMELY, SECURE OR FREE FROM ERROR, AND (C) USAGE DATA PROVIDED DURING THE BETA PERIOD WILL BE ACCURATE. NOTWITHSTANDING ANYTHING TO THE CONTRARY IN THE “LIMITATION OF LIABILITY” SECTION BELOW, CUSTOMER SHALL BE FULLY LIABLE UNDER THIS AGREEMENT TO CORELIGHT AND ITS AFFILIATES FOR ANY DAMAGES ARISING OUT OF CUSTOMER’S USE OF THE BETA SERVICES DURING THE BETA PERIOD, ANY BREACH BY CUSTOMER OF THIS AGREEMENT AND ANY OF CUSTOMER’S INDEMNIFICATION OBLIGATIONS HEREUNDERhowever We will use commercially reasonable efforts under the circumstances to provide You with notice and an opportunity to remedy such violation or threat prior to such suspension.

Appears in 1 contract

Sources: Master Subscription Agreement

Beta Services. From time to time, Corelight The Company may make Beta Services available to Customer You during a trial period at no extra charge. Customer You may choose to try such Beta Services in its at Your sole discretionrisk. Customer may use the Beta Services are intended for the period specified by Corelight (“Beta Period”)evaluation purposes only and not for production use, are not supported, and may be subject to additional terms. Customer will test the Unless otherwise stated in an Order Form, any Beta Services in accordance with any conditions specified in trial period will expire one year from the readme file for the software trial start date or any accompanying Documentation and will gather and report test data, feedback, comments, and suggestions to Corelight. Customer’s right to use the Beta Services will terminate upon expiry of the Beta Period. Corelight does not warrant that it will release sooner if a commercial version of the Beta Services, or that a commercial version will contain Services becomes generally available without the same or similar features as the Beta Services. Additional terms and conditions may apply and will appear on the at ▇▇▇▇▇://▇▇▇.▇▇▇▇▇▇▇▇▇.▇▇▇/legal/agreements. Any such additional terms and conditions are incorporated into this Agreement by reference and are legally binding. Customer’s use of the applicable Beta Services shall be governed by this Agreement, as modified by this subsectiondesignation. ANY The Company may discontinue Beta Services at any time in the Company’s sole discretion and there is no guaranty that the Company will ever make any products or services associated with such Beta Services generally available. The Company will have no liability for any harm or damage arising out of or in connection with a Beta Service or its use thereof. ALL DATA CUSTOMER ENTERS YOU ENTER INTO THE BETA SERVICES, SERVICES AND ANY ALL CUSTOMIZATIONS MADE TO THE BETA SERVICES BY OR FOR CUSTOMER, YOU DURING CUSTOMER’S YOUR FREE TRIAL OF THE BETA PERIOD SERVICES WILL BE PERMANENTLY LOST UNLESS CUSTOMER EXPORTS YOU PURCHASE A SUBSCRIPTION TO THE SAME SERVICES AS THOSE COVERED BY THE TRIAL, PURCHASE APPLICABLE UPGRADED SERVICES, OR EXPORT SUCH DATA, BEFORE THE END OF THE BETA TRIAL PERIOD. NOTWITHSTANDING THE “REPRESENTATIONS, WARRANTIES, AND DISCLAIMERS” SECTION AND “INDEMNIFICATION BY CORELIGHT” SECTION BELOW, YOU CANNOT TRANSFER DATA ENTERED OR CUSTOMIZATIONS MADE DURING THE BETA SERVICES ARE PROVIDED “AS-IS” WITHOUT ANY WARRANTY AND CORELIGHT SHALL HAVE NO INDEMNIFICATION OBLIGATIONS NOR LIABILITY OF ANY TYPE WITH RESPECT FREE TRIAL TO A SERVICE THAT WOULD BE A DOWNGRADE FROM THAT COVERED BY THE BETA SERVICES FOR TRIAL. THEREFORE, IF YOU PURCHASE A SERVICE THAT WOULD BE A DOWNGRADE FROM THAT COVERED BY THE BETA PERIOD UNLESS SUCH EXCLUSION OF LIABILITY IS NOT ENFORCEABLE UNDER APPLICABLE LAW IN WHICH CASE CORELIGHT’S LIABILITY WITH RESPECT TO TRIAL, YOU MUST EXPORT CLIENT DATA BEFORE THE B E T A SERVICES PROVIDED DURING THE BETA PERIOD SHALL NOT EXCEED $1,000.00. WITHOUT LIMITING THE FOREGOING, CORELIGHT AND ITS AFFILIATES AND ITS LICENSORS DO NOT REPRESENT OR WARRANT TO CUSTOMER THAT: (A) CUSTOMER’S USE END OF THE BETA SERVICES DURING THE BETA TRIAL PERIOD WILL MEET CUSTOMER’S REQUIREMENTS, (B) CUSTOMER’S USE OF THE BETA SERVICES DURING THE BETA PERIOD OR CLIENT DATA WILL BE UNINTERRUPTED, TIMELY, SECURE OR FREE FROM ERROR, AND (C) USAGE DATA PROVIDED DURING THE BETA PERIOD WILL BE ACCURATEPERMANENTLY LOST. NOTWITHSTANDING ANYTHING TO THE CONTRARY IN THE “LIMITATION OF LIABILITY” SECTION BELOWTHIS AGREEMENT, CUSTOMER YOU SHALL BE FULLY LIABLE UNDER THIS AGREEMENT TO CORELIGHT AND ITS AFFILIATES THE COMPANY FOR ANY DAMAGES ARISING OUT OF CUSTOMER’S YOUR USE OF THE BETA SERVICES DURING THE FREE TRIAL PERIOD RELATING TO ANY BETA PERIODSERVICES, ANY BREACH BY CUSTOMER YOU OF THIS AGREEMENT AND ANY OF CUSTOMER’S YOUR INDEMNIFICATION OBLIGATIONS HEREUNDER.

Appears in 1 contract

Sources: Service Agreement

Beta Services. From time A. Customer may elect to timeparticipate in any evaluation or test of any pre-production version of any SignalWire services that are offered by SignalWire to Customer for the sole purpose of testing and evaluating such services (“Beta Services”). B. If Customer elects to participate in any evaluation or test of any Beta Services, Corelight may make then the following conditions in this Section 13 shall apply. As to the Beta Services available specifically, the terms of this Section 13 shall control over any conflicting provision of the Agreement. By using Beta Services, Customer acknowledges that: i. Beta Services are provided "as-is” and “as available" with no warranty whatsoever; ii. Beta Services are a pre-release, pre-production version and may not work properly and that Customer’s use of Beta Services may expose it to Customer at no chargeunusual risks of operational failures; iii. Customer may choose to try such shall not use Beta Services in a live production environment; iv. Customer shall not use Beta Services where their use could affect any systems relating to the control of hazardous environments, life support, or weapons systems; v. The commercially released version of the Beta Services may change substantially from the pre-release version, and programs that use or run with the pre-release version may not work with the commercial release or subsequent releases; and vi. SignalWire may, in its sole discretion. Customer may use the , terminate Beta Services for the period specified by Corelight (“Beta Period”). at any time without notice. C. Customer will test the shall provide prompt feedback regarding its experience with Beta Services in accordance a form reasonably requested by SignalWire, including information necessary to enable SignalWire to duplicate errors or problems that Customer may experience. Customer agrees that all information regarding its use of Beta Services, including Customer’s experience with and opinions of Beta Services, will be deemed SignalWire’s confidential information, subject to protection under Section 8. Customer shall not disclose such testing results or experiences with any conditions specified in the readme file third party or use them for the software or any accompanying Documentation and will gather and report test data, feedback, comments, and suggestions purpose other than providing feedback to Corelight. SignalWire. D. Customer agrees that SignalWire may use Customer’s right to Beta Services feedback for any purpose whatsoever, including product development purposes. At SignalWire’s request, Customer shall provide SignalWire with comments that SignalWire may use the publicly for press materials and marketing collateral. Any intellectual property inherent in Customers feedback or arising from Customer’s testing of Beta Services will terminate upon expiry be deemed the exclusive property of the Beta Period. Corelight does SignalWire. E. Customer is not warrant entitled to any refund or any other form of compensation (including Service Credits under any SignalWire SLA) for downtime or other problems that it will release a commercial version of the Beta Services, or that a commercial version will contain the same or similar features as the Beta Services. Additional terms and conditions may apply and will appear on the at ▇▇▇▇▇://▇▇▇.▇▇▇▇▇▇▇▇▇.▇▇▇/legal/agreements. Any such additional terms and conditions are incorporated into this Agreement by reference and are legally binding. result from Customer’s use of Beta Services. Subject to the foregoing limitations, the maximum aggregate liability of SignalWire and any of its employees, agents, affiliates, or suppliers, under any theory of law (including breach of contract, tort, strict liability, and infringement) for harm to Customer arising from its use of Beta Services shall will be governed by this Agreement, as modified by this subsection. ANY DATA CUSTOMER ENTERS INTO THE BETA SERVICES, AND ANY CUSTOMIZATIONS MADE TO THE BETA SERVICES BY OR FOR CUSTOMER, DURING CUSTOMER’S BETA PERIOD WILL BE PERMANENTLY LOST UNLESS CUSTOMER EXPORTS SUCH DATA, BEFORE THE END OF THE BETA PERIOD. NOTWITHSTANDING THE “REPRESENTATIONS, WARRANTIES, AND DISCLAIMERS” SECTION AND “INDEMNIFICATION BY CORELIGHT” SECTION BELOW, DURING THE BETA SERVICES ARE PROVIDED “ASa one-IS” WITHOUT ANY WARRANTY AND CORELIGHT SHALL HAVE NO INDEMNIFICATION OBLIGATIONS NOR LIABILITY OF ANY TYPE WITH RESPECT TO THE BETA SERVICES FOR THE BETA PERIOD UNLESS SUCH EXCLUSION OF LIABILITY IS NOT ENFORCEABLE UNDER APPLICABLE LAW IN WHICH CASE CORELIGHT’S LIABILITY WITH RESPECT TO THE B E T A SERVICES PROVIDED DURING THE BETA PERIOD SHALL NOT EXCEED time payment of money not to exceed one hundred dollars ($1,000.00. WITHOUT LIMITING THE FOREGOING, CORELIGHT AND ITS AFFILIATES AND ITS LICENSORS DO NOT REPRESENT OR WARRANT TO CUSTOMER THAT: (A) CUSTOMER’S USE OF THE BETA SERVICES DURING THE BETA PERIOD WILL MEET CUSTOMER’S REQUIREMENTS, (B) CUSTOMER’S USE OF THE BETA SERVICES DURING THE BETA PERIOD WILL BE UNINTERRUPTED, TIMELY, SECURE OR FREE FROM ERROR, AND (C) USAGE DATA PROVIDED DURING THE BETA PERIOD WILL BE ACCURATE. NOTWITHSTANDING ANYTHING TO THE CONTRARY IN THE “LIMITATION OF LIABILITY” SECTION BELOW, CUSTOMER SHALL BE FULLY LIABLE UNDER THIS AGREEMENT TO CORELIGHT AND ITS AFFILIATES FOR ANY DAMAGES ARISING OUT OF CUSTOMER’S USE OF THE BETA SERVICES DURING THE BETA PERIOD, ANY BREACH BY CUSTOMER OF THIS AGREEMENT AND ANY OF CUSTOMER’S INDEMNIFICATION OBLIGATIONS HEREUNDER100.00).

Appears in 1 contract

Sources: Signalwire Cloud Agreement