Beta Trial Clause Samples
Beta Trial. Subscriber may choose to participate in testing of the Beta Features in their live environment and under normal operating conditions as further set forth herein (the “Beta Trial”). Subscriber will subject the Beta feature to normal workload and cooperate in the identification, isolation, documentation and reporting of any and all problems encountered. If Subscriber encounters a significant problem with or deficiency with a Beta Feature, it shall report the same to Magentrix personnel as soon as practicable. Magentrix may contact Subscriber during normal business hours by telephone or e-mail and Subscriber agrees to completely and accurately respond to questions and surveys regarding the performance of the Beta Features. Subscriber acknowledges and agrees that Magentrix is under no obligation to incorporate into the Beta Features or the Software, any changes, suggestions, or comments made by Subscriber; Subscriber further waives any and all proprietary right or interest in any such changes, suggestions, or comments communicated by Subscriber to Magentrix and assigns to Magentrix any and all rights therein.
Beta Trial. To the extent you participate in a beta trial of the Plugin, the terms of this subsection apply to the beta trial notwithstanding any other provision in any other agreement between the parties. If you are not participating in a beta trial of the Plugin, the language in Section 7.4 a., b., c., d., and e. below is void and without effect.
a. Beta Features are in development. You may accept or decline Beta Features in your sole discretion. You acknowledge that your use of Beta Features is at your sole risk.
b. Beta Features may receive specialized support and/or may not receive full support and are excluded from the Agreement’s SLA obligations attributable to dbt Labs.
c. dbt Labs may modify or discontinue Beta Features or end your access to the Beta Features, in whole or in part, at any time, in its sole discretion, with or without notice, and may never generally release the Beta Features. Elements of the Beta Features, Privacy Policy, or Documentation may be under development and released, modified, or updated prior to general release.
d. In the event Beta Features become available for purchase, you agree to either cease using the Beta Features or purchase by entering into an ordering document agreed to between the parties. dbt Labs reserves the right to suspend or terminate access to the Beta Features in the event Client does not comply with this subsection.
e. BETA FEATURES ARE PROVIDED WITH NO WARRANTIES OF ANY KIND WHATSOEVER WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THOSE OF MERCHANTABILITY, QUALITY, TITLE, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. CLIENT ACKNOWLEDGES AND AGREES THAT BETA FEATURES ARE NOT IN SCOPE FOR DBT LABS’S SOC 2 TYPE II AND OTHER INDEPENDENT SECURITY AUDITS AND SECURITY CERTIFICATIONS. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW AND NOTWITHSTANDING ANY OTHER PROVISION HEREIN, DBT LABS WILL HAVE NO LIABILITY OR ANY INDEMNITY OBLIGATIONS FOR ANY HARM OR DAMAGE ARISING OUT OF OR IN CONNECTION WITH ANY BETA FEATURES, INCLUDING, WITHOUT LIMITATION, ANY DIRECT OR INDIRECT, CONSEQUENTIAL OR INCIDENTAL DAMAGES AND DBT LABS’S AGGREGATE LIABILITY TO CLIENT IN CONNECTION WITH BETA FEATURES, WHETHER SUCH DAMAGES ARE BASED IN CONTRACT, TORT OR OTHER LEGAL THEORY, WILL NOT EXCEED ONE HUNDRED U.S. DOLLARS ($100).