Beta Services. 8.1 You acknowledge and agree that Airwallex may indicate that certain Services are provided as 'beta', 'pilot', 'invite-only', 'limited release' or 'pre-release' features or services ('Beta Services'). 8.2 You acknowledge and understand that: (a) Beta Services are incomplete and still in development, may contain bugs or errors, may materially change prior to a full commercial launch (if any), and may never be released commercially; (b) we provide all Beta Services on as 'as-is' basis, and without warranty of any kind, and your use of, or reliance on any such features and services is done at your own risk; (c) we have no obligation whatsoever to provide any bug fixes, error corrections, patches, or service packs for, or any revisions, successors, or updated versions to, Beta Services (or any part of them) during your use of any Beta Services, however, if we provide or makes available any update to Beta Services, you must fully implement the applicable update within the time period specified by Airwallex or within thirty (30) days after we make the update available to you (whichever is earlier); (d) we may make updates, changes, repairs, or conduct maintenance at any time, and with or without notice, which may result in changes in the availability or quality of Beta Services. In addition, Airwallex may suspend your access to Beta Services with or without notice, including if we reasonably believe that: (i) suspension is required by Applicable Law; (ii) continuing to provide the Beta Services would make Airwallex in breach of any obligation that Airwallex owes to a third party; or (iii) Airwallex determines that continuing to provide the Beta Services would give rise to an unacceptable security or privacy risk; and (e) we may terminate your access to the Beta Services if we in our sole discretion stop offering the Beta Services completely, or within your geographic jurisdiction. 8.3 Airwallex may, in its discretion, provide Beta Services to the Customer free of charge.
Appears in 2 contracts
Samples: General Terms, General Terms
Beta Services. 8.1 You acknowledge and agree that Airwallex may indicate that certain Services are provided as 'beta', 'pilot', 'invite-only', 'limited release' or 'pre-release' features or services ('Beta Services').
8.2 You acknowledge and understand that:
(a) Catapult may, at its election, offer Beta Services to you at no additional charge or an additional Fee agreed by the parties. Use of Beta Services is for evaluation purposes only. Beta Services are incomplete not considered “Services” and still in development, may contain bugs or errors, may materially change prior to a full commercial launch (if any), and may never be released commercially;
(b) we provide all do not come with product support. Beta Services on as 'as-is' basis, and without warranty of any kind, and your use of, or reliance on any such features and services is done at your own risk;
(c) we have no obligation whatsoever may be subject to provide any bug fixes, error corrections, patches, or service packs for, or any revisions, successors, or updated versions to, additional terms. Catapult may terminate Beta Services (or any part of them) during your use of any Beta Services, however, if we provide or makes available any update to Beta Services, you must fully implement the applicable update within the time period specified by Airwallex or within thirty (30) days after we make the update available to you (whichever is earlier);
(d) we may make updates, changes, repairs, or conduct maintenance at any time, and with or without notice, which may result in changes in the availability or quality of Beta Servicesthey will automatically terminate at such time as Catapult makes them generally available. In addition, Airwallex may suspend your access to Beta Services with or without notice, including if we reasonably believe may be unpredictable and lead to erroneous results. You acknowledge and agree that:
(i) suspension is required if you accept Xxxxxxxx’s offer of Beta Services then, subject to any additional terms:
A. you are hereby granted a limited, non-exclusive, non-transferable, non-sublicensable, revocable license to use the Beta Services for the sole purpose of evaluating, testing, and providing feedback to Catapult on Beta Services and not for general commercial use;
B. you shall not use the Beta Services for the processing of any live data unless otherwise specified by Applicable Law;Catapult; and
C. you must inform your relevant Personnel of the terms and conditions which apply to the Beta Services.
(ii) continuing to provide the Beta Services would make Airwallex in breach are experimental, have not been fully tested and may never be finalized or commercially released. They may not meet your requirements, may contain errors, design flaws and other problems, and may not be fully functional. Their use or operation may cause loss of data. You must backup, and shall be responsible for any obligation that Airwallex owes loss or corruption of, all data used or to a third party; orbe used by Beta Services;
(iii) Airwallex determines that continuing you shall promptly report any errors, defects, or other deficiencies in any Beta Service to provide Catapult and inform your relevant Personnel of the nature of the Beta Services would give rise to an unacceptable security or privacy riskServices; and
(eiv) we may terminate your access all information relating to the Beta Services, including its existence, and any performance measurements and other data relating to Beta Services if we in our sole discretion stop offering are “Confidential Information” and clause 13(d) applies (with necessary changes) to that Confidential Information on termination of the provision of Beta Services.
(b) Notwithstanding any other provision of this agreement, but subject to clauses 17.2(b) and 18.2(f) all Beta Services completelyare provided “as-is” and “as-available” without warranties of any kind. You hereby waive any and all claims, now known or within later discovered, that you may have against Catapult and its suppliers and licensors arising out of your geographic jurisdiction.
8.3 Airwallex may, in its discretion, provide use of Beta Services to the Customer free (including for loss of chargeany Data).
Appears in 1 contract
Samples: General Terms and Conditions
Beta Services. 8.1 From time to time, We may invite You acknowledge and agree that Airwallex to try Beta Services at no charge. You may indicate that certain accept or decline any such trial in Your sole discretion. Beta Services will be clearly designated as beta, pilot, limited release, developer preview, non-production, evaluation or by a description of similar import. Beta Services are provided as 'beta'for evaluation purposes and not for production use, 'pilot'are not considered “Services” under this Agreement, 'inviteare not supported, and may be subject to additional terms. Unless otherwise stated, any Beta Services trial period will expire upon the earlier of one year from the trial start date or the date that We make a version of such Beta Services generally available. We may discontinue Beta Services at any time in Our sole discretion and may never make them generally available. NOTWITHSTANDING ANYTHING TO THE CONTRARY, THE BETA SERVICES ARE PROVIDED “AS-only', 'limited release' or 'pre-release' features or services ('Beta Services')IS” WITHOUT ANY WARRANTY OF ANY KIND. WE HEREBY DISCLAIM ALL LIABILITY FOR ANY HARM OR DAMAGE ARISING OUT OF OR IN CONNECTION WITH ANY BETA SERVICE.
8.2 You acknowledge and understand that:5. YOUR RESPONSIBILITIES
5.1 Subscriptions. Unless otherwise provided in the applicable Order Form, (a) Beta all Services are purchased as subscriptions, (b) subscriptions may be added or upgraded during a Subscription Term in accordance with Section 3.3 (but, for the avoidance of doubt, subscriptions may not be cancelled or downgraded, and no refunds will be granted for any incomplete or partial use of a subscription except as described in Sections 3.4 and still in development, may contain bugs or errors, may materially change prior to a full commercial launch (if any3.5), and may never be released commercially;
(b) we provide all Beta Services on as 'as-is' basis, and without warranty of any kind, and your use of, or reliance on any such features and services is done at your own risk;
(c) we have no obligation whatsoever to provide any bug fixes, error corrections, patches, or service packs for, or any revisions, successors, or updated versions to, Beta Services (or any part of them) during your use of any Beta Services, however, if we provide or makes available any update to Beta Services, you must fully implement added subscriptions will terminate pre-existing subscriptions and replace it with a new Subscription Term commencing on the applicable update within the time period specified by Airwallex or within thirty (30) days after we make the update available to you (whichever is earlier);
(d) we may make updates, changes, repairs, or conduct maintenance at any time, and with or without notice, which may result in changes date specified in the availability or quality of Beta Services. In addition, Airwallex may suspend your access to Beta Services with or without notice, including if we reasonably believe that:
(i) suspension is required by Applicable Law;
(ii) continuing to provide the Beta Services would make Airwallex in breach of any obligation that Airwallex owes to a third party; or
(iii) Airwallex determines that continuing to provide the Beta Services would give rise to an unacceptable security or privacy risk; and
(e) we may terminate your access to the Beta Services if we in our sole discretion stop offering the Beta Services completely, or within your geographic jurisdictionappropriate Order Form.
8.3 Airwallex may, in its discretion, provide Beta Services to the Customer free of charge.
Appears in 1 contract
Samples: Lat Compendium Terms and Conditions
Beta Services. 8.1 From time to time, Net Projections may offer new Services (limited preview services or new features to existing Services) in a pre-release version. New Services, new features to existing Services or limited preview services shall be known, individually and collectively, as “Beta Services”. If you elect to use any Beta Services, then your use of the Beta Services is subject to the following terms and conditions: (i) You acknowledge and agree that Airwallex the Beta Services are pre-release versions and may indicate not work properly; (ii) You acknowledge and agree that certain your use of the Beta Services may expose you to unusual risks of operational failures; (iii) The Beta Services are provided as 'beta'as-is, 'pilot'so we do not recommend using them in production or mission critical environments; (iv) Net Projections reserves the right to modify, 'invite-only'change, 'limited release' or 'pre-release' features discontinue any aspect of the Beta Services at any time; (v) Commercially released versions of the Beta Services may change substantially, and programs that use or services run with the Beta Services may not work with the commercially released versions or subsequent releases; ('vi) Net Projections may limit availability of customer service support time dedicated to support of the Beta Services').
8.2 ; (vii) You acknowledge and understand that:
agree to provide prompt feedback regarding your experience with the Beta Services in a form reasonably requested by us, including information necessary to enable us to duplicate errors or problems you experience. You acknowledge and agree that we may use your feedback for any purpose, including product development purposes. At our request you will provide us with comments that we may use publicly for press materials and marketing collateral. Any intellectual property inherent in your feedback or arising from your use of the Beta Services shall be owned exclusively by Net Projections; (aviii) You acknowledge and agree that all information regarding your use of the Beta Services, including your experience with and opinions regarding the Beta Services, is confidential, and may not be disclosed to a third party or used for any purpose other than providing feedback to Net Projections; (ix) The Beta Services are incomplete and still in developmentprovided “as is”, may contain bugs or errors, may materially change prior to a full commercial launch (if any)“as available”, and may never be released commercially;
(b) we provide “with all Beta Services on as 'as-is' basisfaults”. To the fullest extent permitted by law, Net Projections disclaims any and without warranty of any kindall warranties, and your use ofstatutory, express or reliance on any such features and services is done at your own risk;
(c) we have no obligation whatsoever to provide any bug fixesimplied, error corrections, patches, or service packs for, or any revisions, successors, or updated versions to, Beta Services (or any part of them) during your use of any Beta Services, however, if we provide or makes available any update to Beta Services, you must fully implement the applicable update within the time period specified by Airwallex or within thirty (30) days after we make the update available to you (whichever is earlier);
(d) we may make updates, changes, repairs, or conduct maintenance at any time, and with or without notice, which may result in changes in the availability or quality of Beta Services. In addition, Airwallex may suspend your access to Beta Services with or without notice, including if we reasonably believe that:
(i) suspension is required by Applicable Law;
(ii) continuing to provide the Beta Services would make Airwallex in breach of any obligation that Airwallex owes to a third party; or
(iii) Airwallex determines that continuing to provide the Beta Services would give rise to an unacceptable security or privacy risk; and
(e) we may terminate your access respect to the Beta Services if we in our sole discretion stop offering the Beta Services completelyincluding, or within your geographic jurisdictionbut not limited to, any implied warranties of title, merchantability, fitness for a particular purpose and non-infringement.
8.3 Airwallex may, in its discretion, provide Beta Services to the Customer free of charge.
Appears in 1 contract
Samples: Universal Terms of Service Agreement
Beta Services. 8.1 You acknowledge We may, from time to time, offer new Services in a “beta” version (a pre-release version not yet available to the general public) (“Beta Services. If you opt to use any of our Beta Services, your use is subject to the additional terms and agree that Airwallex conditions set out in this Section. All Beta Services are pre-release versions and may indicate that certain not work properly. Your use of the Beta Services may result in operational failures. All Beta Services are provided as 'beta', 'pilot', 'invite-only', 'limited release' or 'pre-release' features or services ('Beta Services').
8.2 You acknowledge and understand that:
(a) Beta Services are incomplete and still in development, may contain bugs or errors, may materially change prior to a full commercial launch (if any), and may never be released commercially;
(b) we provide all Beta Services on as 'as-is' basis, is and without any form of warranty or representation and we do not recommend using them if you cannot sustain the risks of any kindcomplete loss of functionality or loss or corruption of data. We reserve the absolute right to modify, and your use ofchange, or reliance on any such features and services is done at your own risk;
(c) we have no obligation whatsoever to provide any bug fixes, error corrections, patches, or service packs for, or any revisions, successors, or updated versions to, Beta Services (discontinue all or any part of them) during any Beta Service at any time, without notice or liability therefor. If any Beta Service is subsequently released to the general public as a Service, you assume the risk that the commercial version may have changed substantially from the Beta Service and/or that the commercial version may not be compatible with the Beta Service or any programs used in connection therewith. We may limit or eliminate customer service for any Beta Service. In exchange for your access to the Beta Service, you agree to provide feedback regarding your experience in using the Beta Services, providing such feedback in the format and detail reasonably requested by us. You agree that we can freely your all or any part of your feedback for any purpose, including product development purposes or inclusion within publicity, press materials and marketing collateral. Any agree that any intellectual property inherent in your feedback or arising from your use of any Beta ServicesService shall be owned exclusively by us and you hereby assign to us all rights thereto. You that any information regarding your use of any Beta Service, howeverincluding your experience with and opinions regarding the Beta Service(s), if is confidential, and that although we provide or makes available any update to Beta Servicesmay disclose same, you must fully implement may not do so other than providing us with the applicable update within the time period specified by Airwallex or within thirty (30) days after we make the update available to you (whichever is earlier);
(d) we may make updatesfeedback. Any Beta Services are provided “as is”, changes, repairs, or conduct maintenance at any time“as available”, and “with all faults”. To the fullest extent permitted by law, we disclaim any and all warranties, statutory, express or without noticeimplied, which may result in changes in the availability or quality of Beta Services. In addition, Airwallex may suspend your access with respect to any Beta Services with or without noticeincluding, including if we reasonably believe that:
(i) suspension is required by Applicable Law;
(ii) continuing to provide the Beta Services would make Airwallex in breach but not limited to, any implied warranties of any obligation that Airwallex owes to title, merchantability, fitness for a third party; or
(iii) Airwallex determines that continuing to provide the Beta Services would give rise to an unacceptable security or privacy risk; and
(e) we may terminate your access to the Beta Services if we in our sole discretion stop offering the Beta Services completely, or within your geographic jurisdictionparticular purpose and non-infringement.
8.3 Airwallex may, in its discretion, provide Beta Services to the Customer free of charge.
Appears in 1 contract
Samples: General Terms of Service
Beta Services. 8.1 (a) You acknowledge and agree that Airwallex may indicate that certain the Platform including the Services are provided as 'beta', 'pilot', 'invite-only', 'limited release' or 'pre-release' features or services ('Beta Services').
8.2 (b) You acknowledge and understand that:
(ai) Beta Services are incomplete and still in development, may contain bugs or errors, may materially change prior to a full commercial launch (if any), and may never be released commercially;
(bii) we provide all Beta Services on as 'as-is' basis, and without warranty of any kind, and your use of, or reliance on any such features and services is done at your own risk;
(ciii) we have no obligation whatsoever to provide any bug fixes, error corrections, patches, or service packs for, or any revisions, successors, or updated versions to, Beta Services (or any part of them) during your use of any Beta Services, however, if we provide or makes available any update to Beta Services, you must fully implement the applicable update within the time period specified by Airwallex us or within thirty (30) days after we make the update available to you (whichever is earlier);
(div) we may make updates, changes, repairs, or conduct maintenance at any time, and with or without notice, which may result in changes in the availability or quality of Beta Services. In addition, Airwallex ;
(v) we may suspend your access to Beta Services with or without notice, including if we reasonably believe that:
(iA) suspension is required by Applicable Relevant Law;
(iiB) continuing to provide the Beta Services would make Airwallex us in breach of any obligation that Airwallex owes we owe to a third partyparty or in breach of any Relevant Law; or
(iiiC) Airwallex determines we determine that continuing to provide the Beta Services would give rise to an unacceptable security or privacy risk;
(D) we need to protect our legitimate business interests; and
(evi) we may terminate your access to the Beta Services Platform if we in our sole discretion stop offering the Beta Services Platform completely, or within your geographic jurisdiction.
8.3 Airwallex may(c) In consideration for your Feedback (as that term is defined under clause 7.8), in its discretion, we provide Beta Services the Platform to the Customer you free of charge.
Appears in 1 contract
Samples: Sandbox Terms and Conditions
Beta Services. 8.1 From time to time, We may invite You acknowledge and agree that Airwallex to try Beta Services at no charge. You may indicate that certain accept or decline any such trial in Your sole discretion. Beta Services will be clearly designated as beta, pilot, limited release, developer preview, non-production, evaluation or by a description of similar import. Beta Services are provided as 'beta'for evaluation purposes and not for production use, 'pilot'are not considered “Services” under this Agreement, 'inviteare not supported, and may be subject to additional terms. Unless otherwise stated, any Beta Services trial period will expire upon the earlier of one year from the trial start date or the date that We make a version of such Beta Services generally available. We may discontinue Beta Services at any time in Our sole discretion and may never make them generally available. NOTWITHSTANDING ANYTHING TO THE CONTRARY, THE BETA SERVICES ARE PROVIDED “AS-only', 'limited release' or 'pre-release' features or services ('Beta Services')IS” WITHOUT ANY WARRANTY OF ANY KIND. WE HEREBY DISCLAIM ALL LIABILITY FOR ANY HARM OR DAMAGE ARISING OUT OF OR IN CONNECTION WITH ANY BETA SERVICE.
8.2 You acknowledge and understand that:5. YOUR RESPONSIBILITIES
5.1 Subscriptions. Unless otherwise provided in the applicable Order Form, (a) Beta all Services are purchased as subscriptions, (b) subscriptions may be added or upgraded during a Subscription Term in accordance with Section 3.3 (but, for the avoidance of doubt, subscriptions may not be cancelled or downgraded, and no refunds will be granted for any incomplete or partial use of a subscription except as described in Sections 3.4 and still in development, may contain bugs or errors, may materially change prior to a full commercial launch (if any3.5), and may never be released commercially;
(b) we provide all Beta Services on as 'as-is' basis, and without warranty of any kind, and your use of, or reliance on any such features and services is done at your own risk;
(c) we have no obligation whatsoever to provide any bug fixes, error corrections, patches, or service packs for, or any revisions, successors, or updated versions to, Beta Services (or any part of them) during your use of any Beta Services, however, if we provide or makes available any update to Beta Services, you must fully implement added subscriptions will terminate pre-existing subscriptions and replace it with a new Subscription Term commencing on the applicable update within the time period date specified by Airwallex or within thirty (30) days after we make the update available to you (whichever is earlier);
(d) we may make updates, changes, repairs, or conduct maintenance at any time, and with or without notice, which may result in changes in the availability or quality of Beta Services. In addition, Airwallex may suspend your access to Beta Services with or without notice, including if we reasonably believe that:
(i) suspension is required by Applicable Law;
(ii) continuing to provide the Beta Services would make Airwallex in breach of any obligation that Airwallex owes to a third party; or
(iii) Airwallex determines that continuing to provide the Beta Services would give rise to an unacceptable security or privacy risk; and
(e) we may terminate your access to the Beta Services if we in our sole discretion stop offering the Beta Services completely, or within your geographic jurisdictionappropriate Order Form.
8.3 Airwallex may, in its discretion, provide Beta Services to the Customer free of charge.
Appears in 1 contract
Samples: Lat Compendium Terms and Conditions
Beta Services. 8.1 You acknowledge and agree that Airwallex may indicate that certain Services are provided as 'beta', 'pilot', 'invite-only', 'limited release' or 'pre-release' features or services ('Beta Services').Services').
8.2 You acknowledge and understand that:
(a) Beta Services are incomplete and still in development, may contain bugs or errors, may materially change prior to a full commercial launch (if any), and may never be released commercially;
(b) we provide all Beta Services on as 'as-is' basis, and without warranty of any kind, and your use of, or reliance on any such features and services is done at your own risk;
(c) we have no obligation whatsoever to provide any bug fixes, error corrections, patches, or service packs for, or any revisions, successors, or updated versions to, Beta Services (or any part of them) during your use of any Beta Services, however, if we provide or makes available any update to Beta Services, you must fully implement the applicable update within the time period specified by Airwallex or within thirty (30) days after we make the update available to you (whichever is earlier);
(d) we may make updates, changes, repairs, or conduct maintenance at any time, and with or without notice, which may result in changes in the availability or quality of Beta Services. In addition, Airwallex may suspend your access to Beta Services with or without notice, including if we reasonably believe that:
(i) suspension is required by Applicable Law;
(ii) continuing to provide the Beta Services would make Airwallex in breach of any obligation that Airwallex owes to a third party; or
(iii) Airwallex determines that continuing to provide the Beta Services would give rise to an unacceptable security or privacy risk; and
(e) we may terminate your access to the Beta Services if we in our sole discretion stop offering the Beta Services completely, or within your geographic jurisdiction.
8.3 Airwallex may, in its discretion, provide Beta Services to the Customer free of charge.
Appears in 1 contract
Samples: General Terms
Beta Services. 8.1 You acknowledge and agree that Airwallex may indicate that certain Services are provided as 'beta', 'pilot', 'invite-only', 'limited release' or 'pre-release' features or services ('Beta Services').
8.2 You acknowledge and understand that:
(a) Catapult may at its election offer Beta Services to you at no additional charge or an additional Fee agreed by the parties. Use of Beta Services is for evaluation purposes only. Beta Services are incomplete not considered “Services” and still in development, may contain bugs or errors, may materially change prior to a full commercial launch (if any), and may never be released commercially;
(b) we provide all do not come with product support. Beta Services on as 'as-is' basis, and without warranty of any kind, and your use of, or reliance on any such features and services is done at your own risk;
(c) we have no obligation whatsoever may be subject to provide any bug fixes, error corrections, patches, or service packs for, or any revisions, successors, or updated versions to, additional terms. Catapult may terminate Beta Services (or any part of them) during your use of any Beta Services, however, if we provide or makes available any update to Beta Services, you must fully implement the applicable update within the time period specified by Airwallex or within thirty (30) days after we make the update available to you (whichever is earlier);
(d) we may make updates, changes, repairs, or conduct maintenance at any time, and with or without notice, which may result in changes in the availability or quality of Beta Servicesthey will automatically terminate at such time as Catapult makes them generally available. In addition, Airwallex may suspend your access to Beta Services with or without notice, including if we reasonably believe may be unpredictable and lead to erroneous results. You acknowledge and agree that:
(i) suspension is required if you accept Catapult’s offer of Beta Services then, subject to any additional terms:
A. you are hereby granted a limited, non-exclusive, non-transferable, non-sublicensable, revocable license to use the Beta Services for the sole purpose of evaluating, testing, and providing feedback to Catapult on Beta Services and not for general commercial use;
B. you shall not use the Beta Services for the processing of any live data unless otherwise specified by Applicable Law;Catapult; and
C. you must inform your relevant Personnel of the terms and conditions which apply to the Beta Services.
(ii) continuing to provide the Beta Services would make Airwallex in breach are experimental, have not been fully tested and may never be finalized or commercially released. They may not meet your requirements, may contain errors, design flaws and other problems, and may not be fully functional. Their use or operation may cause loss of data. You must backup, and shall be responsible for any obligation that Airwallex owes loss or corruption of, all data used or to a third party; orbe used by Beta Services;
(iii) Airwallex determines that continuing you shall promptly report any errors, defects, or other deficiencies in any Beta Service to provide Catapult and inform your relevant Personnel of the nature of the Beta Services would give rise to an unacceptable security or privacy riskServices; and
(eiv) we may terminate your access all information relating to the Beta Services, including its existence, and any performance measurements and other data relating to Beta Services if we in our sole discretion stop offering are “Confidential Information” and clause 13(d) applies (with necessary changes) to that Confidential Information on termination of the provision of Beta Services.
(b) Notwithstanding any other provision of this agreement, all Beta Services completelyare provided “as-is” and “as-available” without warranties of any kind. You hereby waive any and all claims, now known or within later discovered, that you may have against Catapult and its suppliers and licensors arising out of your geographic jurisdiction.
8.3 Airwallex may, in its discretion, provide use of Beta Services to the Customer free (including for loss of chargeany Data).
Appears in 1 contract
Samples: General Terms and Conditions