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 xxxxx://xxx.xxxxxxxxx.xxx/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 2 contracts

Samples: Master Customer Agreement, Master Customer Agreement

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Beta Services. From time to time, Corelight Net Projections may make offer new Services (limited preview services or new features to existing Services) in a pre-release version. New Services, new features to existing Services or limited preview services shall be known, individually and collectively, as “Beta Services available Services”. If you elect to Customer at no charge. Customer may choose to try such use any Beta Services in its sole discretion. Customer may Services, then your use of the Beta Services for is subject to the period specified by Corelight following terms and conditions: (i) You acknowledge and agree that the Beta Period”). Customer will test Services are pre-release versions and may not work properly; (ii) You acknowledge and agree that your use of the Beta Services may expose you to unusual risks of operational failures; (iii) The Beta Services are provided as-is, so we do not recommend using them in production or mission critical environments; (iv) Net Projections reserves the right to modify, change, or discontinue any aspect of the Beta Services at any time; (v) Commercially released versions of the Beta Services may change substantially, and programs that use or run with the Beta Services may not work with the commercially released versions or subsequent releases; (vi) Net Projections may limit availability of customer service support time dedicated to support of the Beta Services; (vii) You acknowledge and agree to provide prompt feedback regarding your experience with the Beta Services in accordance a form reasonably requested by us, including information necessary to enable us to duplicate errors or problems you experience. You acknowledge and agree that we may use your feedback for any purpose, including product development purposes. At our request you will provide us with any conditions specified in the readme file comments that we may use publicly for the software or any accompanying Documentation press materials 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 xxxxx://xxx.xxxxxxxxx.xxx/legal/agreementsmarketing collateral. Any such additional terms and conditions are incorporated into this Agreement by reference and are legally binding. Customer’s intellectual property inherent in your feedback or arising from your use of the Beta Services shall be governed owned exclusively by this AgreementNet Projections; (viii) You acknowledge and agree that all information regarding your use of the Beta Services, including your experience with and opinions regarding the Beta Services, is confidential, and may not be disclosed to a third party or used for any purpose other than providing feedback to Net Projections; (ix) The Beta Services are provided “as modified is”, “as available”, and “with all faults”. To the fullest extent permitted by this subsection. ANY DATA CUSTOMER ENTERS INTO THE BETA SERVICESlaw, AND ANY CUSTOMIZATIONS MADE TO THE BETA SERVICES BY OR FOR CUSTOMERNet Projections disclaims any and all warranties, DURING CUSTOMER’S BETA PERIOD WILL BE PERMANENTLY LOST UNLESS CUSTOMER EXPORTS SUCH DATAstatutory, BEFORE THE END OF THE BETA PERIOD. NOTWITHSTANDING THE “REPRESENTATIONSexpress or implied, WARRANTIESwith respect to the Beta Services including, AND DISCLAIMERS” SECTION AND “INDEMNIFICATION BY CORELIGHT” SECTION BELOWbut not limited to, DURING THE BETA SERVICES ARE PROVIDED “ASany implied warranties of title, merchantability, fitness for a particular purpose and non-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 HEREUNDERinfringement.

Appears in 1 contract

Samples: Universal Terms of Service 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 xxxxx://xxx.xxxxxxxxx.xxx/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

Samples: Goco Service Agreement

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 xxxxx://xxx.xxxxxxxxx.xxx/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

Samples: Master Subscription Agreement

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Beta Services. From time to time, Corelight DMARCSAAS may make Beta Services available to Customer at no charge. Customer may choose to try such Beta Services or not in its sole discretion. 2.5 Free Trial. If Customer may use registers on DMARCSAAS’s or an Affiliate’s website for a free trial, DMARCSAAS will make the Beta Services applicable Service(s) available to Customer on a trial basis free of charge until the earlier of (a) the end of the free trial period for the period specified by Corelight (“Beta Period”). which 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 registered 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 Servicesapplicable Service(s), or that a commercial version will contain (b) the same start date of any Purchased Service subscriptions ordered by Customer for such Service(s), or similar features as the Beta Services(c) termination by DMARCSAAS in its sole discretion. Additional trial terms and conditions may apply and will appear on the at xxxxx://xxx.xxxxxxxxx.xxx/legal/agreementstrial registration web page. 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 FREE TRIAL WILL BE PERMANENTLY LOST UNLESS CUSTOMER PURCHASES A SUBSCRIPTION TO THE SAME SERVICES AS THOSE COVERED BY THE TRIAL, PURCHASES APPLICABLE UPGRADED SERVICES, OR EXPORTS SUCH DATA, BEFORE THE END OF THE BETA PERIODTRIALPERIOD. CUSTOMER CANNOT TRANSFER DATA ENTERED OR CUSTOMIZATIONS MADE DURING THE FREE TRIAL TO A SERVICE THAT WOULD BE A DOWNGRADE FROM THAT COVERED BY THE TRIAL ; THEREFORE, IF CUSTOMER PURCHASES A SERVICE THAT WOULD BE A DOWNGRADE FROM THAT COVERED BY THE TRIAL, CUSTOMER MUST EXPORT CUSTOMER DATA BEFORE THE END OF THE TRIAL PERIOD OR CUSTOMER DATA WILL BE PERMANENTLY LOST. NOTWITHSTANDING THE “REPRESENTATIONS, WARRANTIES, EXCLUSIVE REMEDIES AND DISCLAIMERS” SECTION AND “INDEMNIFICATION BY CORELIGHTDMARCSAAS” SECTION BELOW, DURING THE BETA FREE TRIAL THE SERVICES ARE PROVIDED “AS-IS” WITHOUT ANY WARRANTY AND CORELIGHT DMARCSAAS SHALL HAVE NO INDEMNIFICATION OBLIGATIONS NOR LIABILITY OF ANY TYPE WITH RESPECT TO THE BETA SERVICES FOR THE BETA FREE TRIAL PERIOD UNLESS SUCH EXCLUSION OF LIABILITY IS NOT ENFORCEABLE UNDER APPLICABLE LAW IN WHICH CASE CORELIGHTDMARCSAAS’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 DMARCSAAS 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 FREE TRIAL PERIOD WILL MEET CUSTOMER’S REQUIREMENTS, (B) CUSTOMER’S USE OF THE BETA SERVICES DURING THE BETA FREE TRIAL PERIOD WILL BE UNINTERRUPTED, TIMELY, SECURE OR FREE FROM ERROR, AND (C) USAGE DATA PROVIDED DURING THE BETA FREE TRIAL 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 DMARCSAAS AND ITS AFFILIATES FOR ANY DAMAGES ARISING OUT OF CUSTOMER’S USE OF THE BETA SERVICES DURING THE BETA FREE TRIAL PERIOD, ANY BREACH BY CUSTOMER OF THIS AGREEMENT AND ANY OF CUSTOMER’S INDEMNIFICATION OBLIGATIONS HEREUNDER. CUSTOMER SHALL REVIEW THE APPLICABLE SERVICE’S DOCUMENTATION DURING THE TRIAL PERIOD TO BECOME FAMILIAR WITH THE FEATURES AND FUNCTIONS OF THE SERVICES BEFORE MAKING A PURCHASE.

Appears in 1 contract

Samples: Dmarcsaas Subscription Services

Beta Services. From time to time, Corelight Nodes Unlimited LLC may make offer new Services (limited preview services or new features to existing Services) in a pre-release version. New Services, new features to existing Services or limited preview services shall be known, individually and collectively, as “Beta Services available Services”. If you elect to Customer at no charge. Customer may choose to try such use any Beta Services in its sole discretion. Customer may Services, then your use of the Beta Services for is subject to the period specified by Corelight following terms and conditions: (i) You acknowledge and agree that the Beta Period”). Customer will test Services are pre-release versions and may not work properly; (ii) You acknowledge and agree that your use of the Beta Services may expose you to unusual risks of operational failures; (iii) The Beta Services are provided as-is, so we do not recommend using them in production or mission critical environments; (iv) Nodes Unlimited LLC reserves the right to modify, change, or discontinue any aspect of the Beta Services at any time; (v) Commercially released versions of the Beta Services may change substantially, and programs that use or run with the Beta Services may not work with the commercially released versions or subsequent releases; (vi) Nodes Unlimited LLC may limit availability of customer service support time dedicated to support of the Beta Services; (vii) You acknowledge and agree to provide prompt feedback regarding your experience with the Beta Services in accordance with any conditions specified in the readme file for the software a form reasonably requested by us, including information necessary to enable us to duplicate errors or any accompanying Documentation problems you experience; (viii) You acknowledge and will gather agree that Nodes Unlimited LLC may track your browsing behavior, links clicked, items purchased, your device type, and report test to collect various data, feedbackincluding analytics, comments, about how you use and suggestions to Corelight. Customer’s right to interact with our Beta Services; (ix) You acknowledge and agree that all information regarding your 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 including your experience with and opinions regarding the Beta Services, is confidential, and may not be disclosed to a third party or used for any purpose other than providing feedback to Nodes Unlimited LLC; (x) The Beta Services are provided “as is”, “as available”, and “with all faults”. Additional terms You acknowledge and conditions agree that we may apply use your feedback for any purpose, including product development purposes. At our request you will provide us with comments that we may use publicly for press materials and will appear on the at xxxxx://xxx.xxxxxxxxx.xxx/legal/agreementsmarketing collateral. Any such additional terms and conditions are incorporated into this Agreement by reference and are legally binding. Customer’s intellectual property inherent in your feedback or arising from your use of the Beta Services shall be governed owned exclusively by this AgreementNodes Unlimited LLC. To the fullest extent permitted by law, as modified by this subsection. ANY DATA CUSTOMER ENTERS INTO THE BETA SERVICESNodes Unlimited LLC disclaims any and all warranties, AND ANY CUSTOMIZATIONS MADE TO THE BETA SERVICES BY OR FOR CUSTOMERstatutory, DURING CUSTOMER’S BETA PERIOD WILL BE PERMANENTLY LOST UNLESS CUSTOMER EXPORTS SUCH DATAexpress or implied, BEFORE THE END OF THE BETA PERIOD. NOTWITHSTANDING THE “REPRESENTATIONSwith respect to the Beta Services including, WARRANTIESbut not limited to, AND DISCLAIMERS” SECTION AND “INDEMNIFICATION BY CORELIGHT” SECTION BELOWany implied warranties of title, DURING THE BETA SERVICES ARE PROVIDED “ASmerchantability, fitness for a particular purpose and non-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 HEREUNDERinfringement.

Appears in 1 contract

Samples: Service Agreement

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