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

Pre-release Software Additional Terms. If the Software is pre-commercial release or beta software (“Pre-release Software”), then this section applies. The Pre-release Software does not represent final product from SCALABLE, and may contain bugs, errors, and other problems that could cause system or other failures and data loss. SCALABLE may never commercially release the Pre-release Software. If Licensee received the Pre-release Software pursuant to a separate written agreement, then Licensee’s use of the Software is also governed by such agreement. Licensee will promptly return or destroy all copies of Pre-release Software upon the earlier of SCALABLE’s request or upon SCALABLE’s commercial release of such Software. LICENSEE’S USE OF PRE-RELEASE SOFTWARE IS AT ITS OWN RISK. SEE SECTIONS 7, 8 AND 9 FOR LIMITED WARRANTY AND LIABILITY LIMITATIONS THAT RELATE TO PRE-RELEASE SOFTWARE.

Appears in 4 contracts

Samples: Software License Agreement, Software License Agreement, Software License Agreement

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