Common use of Pre-release Product Additional Terms Clause in Contracts

Pre-release Product Additional Terms. If the product you have received with this license is pre-commercial release or beta Software ("Pre- release Software"), then the following Section applies. To the extent that any provision in this Section is in conflict with any other term or condition in this Agreement, this Section shall supersede such other term(s) and condition(s) with respect to the Pre-release Software, but only to the extent necessary to resolve the conflict. You acknowledge that the Software is a pre-release version, does not represent final product from Prodim International BV., and may contain bugs, errors and other problems that could cause system or other failures and data loss. Consequently, the Pre-release Software is provided to you "AS-IS", and Prodim International BV. disclaims any warranty or liability obligations to you of any kind. You acknowledge that Prodim International BV. has not promised or guaranteed to you that Pre-release Software will be announced or made available to anyone in the future, that Prodim International BV. has no express or implied obligation to you to announce or introduce the Pre-release Software and that Prodim International BV. may not introduce a product similar to or compatible with the Prodim International BV. Accordingly, you acknowledge that any research or development that you perform regarding the Pre-release Software or any product associated with the Pre-release Software is done entirely at your own risk. During the term of this Agreement, if requested Prodim International BV. , you will provide feedback to Prodim International Bv.. regarding testing and use of the Pre-release Software, including error or bug reports. If you have been provided the Pre-release Software pursuant to a separate written agreement, such as the Prodim International BV. Serial Agreement for Unreleased Products, your use of the Software is also governed by such agreement. You agree that you may not and certify that you will not sublicense, lease, loan, rent, or transfer the Pre-release Software. Upon receipt of a later unreleased version of the Pre-release Software or release by Prodim International BV. of a publicly released commercial version of the Software, whether as a stand-alone product or as part of a larger product, you agree to return or destroy all earlier Pre-release Software received from Prodim International BV. and to abide by the terms of the End User License Agreement for any such later versions of the Pre-release Software. Notwithstanding anything in this Section to the contrary, you agree that you will return or destroy all unreleased versions of the Pre-release Software within thirty (30) days of the completion of your testing of the Software when such date is earlier than the date for Prodim International BV.'s first commercial shipment of the publicly released (commercial) Software.

Pre-release Product Additional Terms. 1. If the product you have received with this license is pre-pre- commercial release or beta Software ("Pre- Pre-release Software"), then the following Section applies. 2. To the extent that any provision in this Section is in conflict with any other term or condition in this Agreement, this Section shall supersede supercede such other term(s) and condition(s) with respect to the Pre-release Software, but only to the extent necessary to resolve the conflict. 3. You acknowledge that the Software is a pre-release version, does not represent final product from Prodim International BV.LOGINET, and may contain bugs, errors and other problems that could cause system or other failures and data loss. 4. Consequently, the Pre-release Software is provided to you "AS-AS- IS", and Prodim International BV. LOGINET disclaims any warranty or liability obligations to you of any kind. 5. Where legally liability cannot be excluded for pre-release software, but may be limited, LOGINET's liability and that of its suppliers shall be limited to the sum of fifty Euros (Euro 50,-) in total. 6. You acknowledge that Prodim International BV. LOGINET has not promised or guaranteed to you that Pre-release Software will be announced or made available to anyone in the future, that Prodim International BV. LOGINET has no express or implied obligation to you to announce or introduce the Pre-release Software and that Prodim International BV. LOGINET may not introduce a product similar to or compatible with the Prodim International BVPre-release Software. 7. Accordingly, you acknowledge that any research or development that you perform regarding the Pre-release Software or any product associated with the Pre-release Software is done entirely at your own risk. 8. During the term of this Agreement, if requested Prodim International BV. by LOGINET, you will provide feedback to Prodim International Bv.. LOGINET regarding testing and use of the Pre-release Software, including error or bug reports. 9. If you have been provided the Pre-release Software pursuant to a separate written agreement, such as the Prodim International BV. Serial Agreement for Unreleased Products, agreement your use of the Software is also governed by such agreement. 10. You agree that you may not and certify that you will not sublicense, lease, loan, rent, or transfer the Pre-release Software. Upon receipt of a later unreleased version of the Pre-release Software or release by Prodim International BV. LOGINET of a publicly released commercial version of the Software, whether as a stand-alone product or as part of a larger product, you agree to return or destroy all earlier Pre-release Software received from Prodim International BV. LOGINET and to abide by the terms of the End User License Agreement for any such later versions of the Pre-release Software. 11. Notwithstanding anything in this Section to the contrary, if you are located outside the Netherlands, you agree that you will return or destroy all unreleased versions of the Pre-release Software within thirty (30) days of the completion of your testing of the Software when such date is earlier than the date for Prodim International BV.LOGINET's first commercial shipment of the publicly released (commercial) Software.

Pre-release Product Additional Terms. If the product you have received with this license is pre-commercial release release, alpha or beta Software ("Pre- Pre-release Software"), then the following Section applies. To the extent that any provision in this Section is in conflict with any other term or condition in this Agreement, this Section shall supersede such other term(s) and condition(s) with respect to the Pre-release Software, but only to the extent necessary to resolve the conflict. You acknowledge that the Software is a pre-release version, does not represent final product from Prodim International BV.AVAIL, and may contain bugs, errors and other problems that could cause system or other failures and data loss. Consequently, the Pre-release Software is provided to you "AS-IS", and Prodim International BV. AVAIL, disclaims any warranty or liability obligations to you of any kind. WHERE LEGALLY LIABILITY CANNOT BE EXCLUDED FOR PRE-RELEASE SOFTWARE, BUT IT MAY BE LIMITED, AVAIL'S LIABILITY SHALL BE LIMITED TO THE SUM OF FIFTY DOLLARS (U.S. $50) IN TOTAL. You acknowledge that Prodim International BV. AVAIL has not promised or guaranteed to you that Pre-release Software will be announced or made available to anyone in the future, future that Prodim International BV. AVAIL has no express or implied obligation to you to announce or introduce the Pre-release Software and that Prodim International BV. AVAIL may not introduce a product similar to or compatible with the Prodim International BVPre-release Software. Accordingly, you acknowledge that any research or development that you perform regarding the Pre-release Software or any product associated with the Pre-release Software is done entirely at your own risk. During the term of this Agreement, if requested Prodim International BV. by AVAIL, you will provide feedback to Prodim International Bv.. AVAIL regarding testing and use of the Pre-release Software, including error or bug reports. If you have been provided the Pre-release Software pursuant to a separate written agreement, such as the Prodim International BV. Serial Agreement for Unreleased ProductsAVAIL, your use of the Software is also governed by such agreement. You agree that you may not and certify that you will not sublicense, lease, loan, rent, or transfer the Pre-release Software. Upon receipt of a later unreleased version of the Pre-release Software or release by Prodim International BV. AVAIL of a publicly released commercial version of the Software, whether as a stand-alone product or as part of a larger product, you agree to return or destroy all earlier Pre-release Software received from Prodim International BV. AVAIL and to abide by the terms of the End User License Agreement for any such later versions of the Pre-release Software. Notwithstanding anything in this Section to the contrary, if you are located outside the United States of America, you agree that you will return or destroy all unreleased versions of the Pre-release Software within thirty (30) days of the completion of your testing of the Software when such date is earlier than the date for Prodim International BV.AVAIL's first commercial shipment of the publicly released (commercial) Software.

Pre-release Product Additional Terms. If the product you have received with this license is pre-commercial release or beta Software ("Pre- “Pre-release Software"”), then the following Section applies. To the extent that any provision in this Section is in conflict with any other term or condition in this Agreement, this Section shall supersede supercede such other term(s) and condition(s) with respect to the Pre-release Software, but only to the extent necessary to resolve the conflict. You acknowledge that the Software is a pre-release version, does not represent final product from Prodim International BV., and may contain bugs, errors and other problems that could cause system or other failures and data loss. Consequently, the Pre-release Software is provided to you "“AS-IS"”, and Prodim International BV. disclaims any warranty or liability obligations to you of any kind. You acknowledge that Prodim International BV. has not promised or guaranteed to you that Pre-release Software will be announced or made available to anyone in the future, that Prodim International BV. has no express or implied obligation to you to announce or introduce the Pre-Pre- release Software and that Prodim International BV. may not introduce a product similar to or compatible with the Prodim International BV. Accordingly, you acknowledge that any research or development that you perform regarding the Pre-release Software or any product associated with the Pre-release Software is done entirely at your own risk. During the term of this Agreement, if requested Prodim International BV. , you will provide feedback to Prodim International Bv.. . regarding testing and use of the Pre-release Software, including error or bug reports. If you have been provided the Pre-release Software pursuant to a separate written agreement, such as the Prodim International BV. Serial Agreement for Unreleased Products, your use of the Software is also governed by such agreement. You agree that you may not and certify that you will not sublicense, lease, loan, rent, or transfer the Pre-release Software. Upon receipt of a later unreleased version of the Pre-release Software or release by Prodim International BV. of a publicly released commercial version of the Software, whether as a stand-alone product or as part of a larger product, you agree to return or destroy all earlier Pre-release Software received from Prodim International BV. and to abide by the terms of the End User License Agreement for any such later versions of the Pre-release Software. Notwithstanding anything in this Section to the contrary, you agree that you will return or destroy all unreleased versions of the Pre-release Software within thirty (30) days of the completion of your testing of the Software when such date is earlier than the date for Prodim International BV.'s ’s first commercial shipment of the publicly released (commercial) Software.