Common use of Pre-Release Code Clause in Contracts

Pre-Release Code. In the event, the EPG Development Tools contain pre-release code, then StarSight is hereby advised that is not at the level of performance and compatibility of the final, generally available, product offering. These portions of the EPG Development Tools may not operate correctly and may be substantially modified prior to first commercial shipment. Microsoft is not obligated to make this or any later version of the EPG Development Tools commercially available. Microsoft grants StarSight the right to distribute test versions of its Application created using the pre-release code provided StarSight complies with the Distribution Requirements described in Section 3.2(d) of this Appendix A and the following additional provisions: (i) StarSight must mark the test version of it▇ ▇pplication "BETA" and (ii) StarSight is solely responsible for updating its customers with versions of its Application that operate satisfactorily with the final commercial release of the pre-release code.