Alpha and Beta Products. Altruist may designate certain new functionality or services to be made available in connection with the Services or Software as “Alpha Products” or “Beta Products.” Such Alpha Products and Beta Products may not be ready for use in a production environment. Because they will be at an early stage of development, operation and use of the Alpha Products and Beta Products may be unpredictable and lead to erroneous results. Advisor acknowledges and agrees that: (i) the Alpha Products and Beta Products will be experimental and will not have been fully tested; (ii) the Alpha Products and Beta Products may not meet Advisor’s requirements; (iii) the use or operation of the Alpha Products and Beta Products may not be uninterrupted or error free; (iv) Advisor’s use of the Alpha Products and Beta Products will be for purposes of evaluating and testing the new functionality and services and providing feedback to Altruist; and (v) Advisor shall inform its employees, staff members, and other users regarding the nature of the Alpha Products and Beta Products. Advisor’s use of the Alpha Products and Beta Products shall be subject to all of the terms and conditions set forth herein relating to the Services and the Software. Advisor shall promptly report any errors, defects, or other deficiencies in the Alpha Products and Beta Products to Altruist. NOTWITHSTANDING ANY OTHER PROVISION OF THIS AGREEMENT, ALL ALPHA PRODUCTS AND BETA PRODUCTS ARE PROVIDED “AS-IS” AND “AS-AVAILABLE,” WITHOUT WARRANTIES OF ANY KIND. Advisor hereby waives any and all claims, now known or later discovered, that Advisor may have against Altruist and its affiliates, vendors, suppliers and licensors arising out of Advisor’s use of the Alpha Products and Beta Products.
Appears in 4 contracts
Samples: Model Marketplace Agreement, Subadvisory Agreement, Model Marketplace Agreement
