Common use of Previews Clause in Contracts

Previews. Subject to the terms of this Agreement, Riverbed, in its sole discretion, will on occasion make available to Company access to certain applications, features, functionality, products or other technology that Riverbed (a) has not made generally available to its customers, and (b) has identified as alpha, beta, non-GA, limited release, developer preview, advance access or any other such similar designation (including any subsequent or modified versions of the foregoing) (“Previews”). Previews are not “Products” under any other agreement or terms and conditions Company may otherwise have with Riverbed; Company’s use of Previews is governed exclusively by the terms and conditions of this Agreement. Company may use Previews solely for internal evaluation purposes. Previews are excluded from Riverbed’s support obligations and any support provided by Riverbed in its sole discretion shall be subject to this Agreement. Company agrees not to (x) copy, modify, reverse engineer, decompile or disassemble any Previews, make derivative works based upon any Previews, or use any Previews to develop any products, or (y) publish or provide any benchmark or comparison tests to any third party or assist any third party to do any of the foregoing. Riverbed may use Company’s feedback regarding a Preview’s performance, stability and other relevant information to assist Riverbed in the ongoing development and improvement of Previews and/or Riverbed products. Riverbed shall have a royalty-free, worldwide, transferable, sublicensable, irrevocable, perpetual license to use or incorporate into any Previews and/or Riverbed products any such feedback, or any other suggestions, enhancement requests, recommendations provided by Company relating to Previews. Any information on testing, data, analysis or results of any comparative, competitive, or benchmarking testing of any Previews is Riverbed Confidential Information. Use and publication of any test data is at the sole discretion and control of Riverbed.