Common use of Beta Products Clause in Contracts

Beta Products. BETA PRODUCTS MAY NOT BE AUTHORIZED FOR USE BY THE GENERAL PUBLIC OR CERTIFIED AS MEETING RULES OR STANDARDS PROMULGATED BY GOVERNMENT OR OTHER AUTHORITIES IN YOUR JURISDICTION, AND RIM MAKES NO REPRESENTATION THAT SUCH AUTHORIZATION OR CERTIFICATION WILL BE OBTAINED. ACCORDINGLY, YOU AGREE THAT THE BETA PRODUCTS ARE NOT, AND MAY NOT, BE OFFERED FOR SALE OR LEASE, OR SOLD OR LEASED, UNTIL SUCH AUTHORISATION IS OBTAINED. BETA PRODUCTS ARE NOT INTENDED FOR USE IN ANY PRODUCTIVE OR OTHER ENVIRONMENT WHERE YOU ARE RELYING ON THE PERFORMANCE OF THE BETA PRODUCTS. THE BETA PRODUCTS ARE PRE-COMMERCIAL RELEASE VERSIONS OF SOFTWARE, SERVICES AND RIM PRODUCTS AND ARE NOT INTENDED TO REPRESENT OR PERFORM IN THE SAME MANNER AS COMMERCIAL PRODUCT OR SERVICES, AND YOU SHOULD ENSURE THAT YOU REGULARLY BACK-UP ANY DATA USED WITH SUCH MATERIALS. IN ADDITION, THE BETA PRODUCTS CONTAIN FEATURES, FUNCTIONALITY OR APIS FOR SOFTWARE OR SERVICES THAT ARE NOT YET COMMERCIALLY AVAILABLE. YOU ACKNOWLEDGE THAT SUCH BETA PRODUCTS, OR ANY PORTION THEREOF, MAY NOT BE ANNOUNCED OR MADE COMMERCIALLY AVAILABLE BY RIM IN THE FUTURE, OR MAY BE MADE AVAILABLE WITH SIGNIFICANT CHANGES, AND RIM HAS NO EXPRESS OR IMPLIED OBLIGATION TO YOU TO ANNOUNCE OR MAKE ANY OF SUCH SOFTWARE OR SERVICES, BETA PRODUCTS OR ANY PORTION THEREOF AVAILABLE. YOU ACKNOWLEDGE AND AGREE THAT ALL TESTING, EVALUATION AND DEVELOPMENT YOU CONDUCT WITH RESPECT TO THE BETA PROUCTS AND RELATED SOFTWARE AND SERVICES IS DONE ENTIRELY AT YOUR OWN RISK.

Beta Products. BETA PRODUCTS MAY NOT BE AUTHORIZED FOR USE BY From time to time, Chronosphere may make certain features or functionality available on a beta, pilot, limited release, preview, or evaluation basis (the “Beta Offering(s)”). Customer may use the Beta Offerings only for the purpose of evaluating the functions and performance of the Chronosphere Service, solely for the designated time period for the evaluation or trial, and subject to any additional usage restrictions specified by Chronosphere. Customer acknowledges that the Beta Offering may be discontinued at any time and that any data stored in the Beta Offering may become unavailable at that time. NOTWITHSTANDING ANYTHING TO THE GENERAL PUBLIC OR CERTIFIED AS MEETING RULES OR STANDARDS PROMULGATED BY GOVERNMENT OR OTHER AUTHORITIES CONTRARY IN YOUR JURISDICTIONTHIS AGREEMENT, AND RIM MAKES NO REPRESENTATION THAT SUCH AUTHORIZATION OR CERTIFICATION WILL BE OBTAINED. ACCORDINGLY, YOU AGREE THAT THE BETA PRODUCTS ARE NOT, AND MAY NOT, BE OFFERED FOR SALE OR LEASE, OR SOLD OR LEASED, UNTIL SUCH AUTHORISATION IS OBTAINED. BETA PRODUCTS ARE NOT INTENDED FOR USE IN ANY PRODUCTIVE OR OTHER ENVIRONMENT WHERE YOU ARE RELYING ON THE PERFORMANCE OF THE BETA PRODUCTS. THE BETA PRODUCTS ARE PRE-COMMERCIAL RELEASE VERSIONS OF SOFTWARE, SERVICES AND RIM PRODUCTS AND ARE NOT INTENDED TO REPRESENT OR PERFORM IN THE SAME MANNER AS COMMERCIAL PRODUCT OR SERVICES, AND YOU SHOULD ENSURE THAT YOU REGULARLY BACK-UP ANY DATA USED WITH SUCH MATERIALS. IN ADDITIONINCLUDING SECTION 1.6, THE BETA PRODUCTS CONTAIN FEATURES, FUNCTIONALITY OR APIS FOR SOFTWARE OR SERVICES THAT OFFERINGS ARE NOT YET COMMERCIALLY AVAILABLE. YOU ACKNOWLEDGE THAT SUCH BETA PRODUCTS, OR PROVIDED “AS-IS” WITHOUT ANY PORTION THEREOF, MAY NOT BE ANNOUNCED OR MADE COMMERCIALLY AVAILABLE BY RIM IN THE FUTURE, OR MAY BE MADE AVAILABLE WITH SIGNIFICANT CHANGES, WARRANTY AND RIM HAS CHRONOSPHERE WILL HAVE NO EXPRESS OR IMPLIED OBLIGATION TO YOU TO ANNOUNCE OR MAKE INDEMNIFICATION OBLIGATIONS NOR LIABILITY OF ANY OF SUCH SOFTWARE OR SERVICES, BETA PRODUCTS OR ANY PORTION THEREOF AVAILABLE. YOU ACKNOWLEDGE AND AGREE THAT ALL TESTING, EVALUATION AND DEVELOPMENT YOU CONDUCT TYPE WITH RESPECT TO THE BETA PROUCTS OFFERINGS UNLESS SUCH EXCLUSION OF LIABILITY IS NOT ENFORCEABLE UNDER APPLICABLE LAW IN WHICH CASE CHRONOSPHERE’S LIABILITY WITH RESPECT TO THE BETA OFFERINGS WILL NOT EXCEED THE GREATER OF AMOUNTS PAID BY CUSTOMER FOR THE BETA OFFERING OR $100.00. WITHOUT LIMITING THE FOREGOING, CHRONOSPHERE DOES NOT REPRESENT OR WARRANT THAT: (A) CUSTOMER’S USE OF THE BETA OFFERINGS WILL MEET CUSTOMER’S REQUIREMENTS, (B) CUSTOMER’S USE OF THE BETA OFFERINGS WILL BE UNINTERRUPTED, TIMELY, SECURE OR FREE FROM ERROR, OR (C) THAT ITS SECURITY MEASURES WILL PREVENT THIRD PARTY ACCESS TO CUSTOMER DATA. CUSTOMER WILL BE FULLY LIABLE UNDER THIS AGREEMENT TO CHRONOSPHERE FOR ANY DAMAGES ARISING OUT OF CUSTOMER’S USE OF THE BETA OFFERINGS, ANY BREACH BY CUSTOMER OR ITS AUTHORIZED USERS OF THIS AGREEMENT AND RELATED SOFTWARE AND SERVICES IS DONE ENTIRELY AT YOUR OWN RISKANY OF CUSTOMER’S INDEMNIFICATION OBLIGATIONS HEREUNDER.