Common use of Test Software Clause in Contracts

Test Software. Baleen may provide Customer with a “alpha,” “beta,” or other early-stage version of the Software, or features (collectively, “Beta Releases”), which are optional for Customer to use. This Section will apply to any Beta Releases and supersedes any contrary provisions of this Agreement with respect to the Beta Releases, even if such Beta Releases are provided for a fee. CUSTOMER AGREES THAT ANY BETA RELEASES ARE PROVIDED ON AN “AS-IS” AND “AS AVAILABLE BASIS” WITHOUT ANY WARRANTY, SUPPORT, MAINTENANCE, STORAGE, SERVICE LEVEL AGREEMENT, OR INDEMNITY OBLIGATIONS OF ANY KIND. WITH RESPECT TO BETA RELEASES, CUSTOMER FURTHER ACKNOWLEDGES AND AGREES THAT BETA RELEASES MAY NOT BE COMPLETE OR FULLY FUNCTIONAL AND MAY CONTAIN BUGS, ERRORS, OMISSIONS, AND OTHER PROBLEMS FOR WHICH BALEEN WILL NOT BE RESPONSIBLE. ACCORDINGLY, ANY USE OF BETA RELEASES ARE AT CUSTOMER’S SOLE RISK. ▇▇▇▇▇▇ MAKES NO PROMISES THAT FUTURE VERSIONS OF BETA RELEASES WILL BE AVAILABLE UNDER THE SAME COMMERCIAL OR OTHER TERMS. BALEEN MAY TERMINATE CUSTOMER’S RIGHT TO USE ANY BETA RELEASE AT ANY TIME FOR ANY REASON OR NO REASON IN BALEEN’S SOLE DISCRETION, WITHOUT LIABILITY.