Common use of Pre-Release Code Clause in Contracts

Pre-Release Code. In the event, the EPG Development Tools contain ---------------- pre-release code, then Gemstar 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 Gemstar the right to distribute test versions of its Application created using the pre-release code provided Gemstar complies with the Distribution Requirements described in Section 3.2(d) of this Appendix A and the following additional provisions: (i) Gemstar must ma▇▇ ▇he test version of its Application "BETA" and (ii) Gemstar 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.

Pre-Release Code. In the event, the EPG Development Tools contain ---------------- pre-release code, then Gemstar 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 Gemstar the right to distribute test versions of its Application created using the pre-release code provided Gemstar complies with the Distribution Requirements described in Section 3.2(d) of this Appendix A and the following additional provisions: (i) Gemstar must ma▇▇▇▇ ▇he the test version of its Application "BETA" and (ii) Gemstar 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.