Common use of Beta Software Clause in Contracts

Beta Software. Malwarebytes, at its sole discretion, may make available optional Software, including but not limited to utilities for supporting the usage of the Software, beta features that can be enabled within the Software, beta releases, pilots, limited releases, previews, or evaluations of Software (collectively “Beta Software”). Unless a particular Beta Software includes its own separate and specific terms and conditions, this Agreement shall govern the usage of Beta Software. MSP is not required to use Beta Software and such BETA SOFTWARE IS PROVIDED “AS-IS” WITHOUT ANY INDEMNIFICATION, WARRANTY, MAINTENANCE, OR SUPPORT OF ANY KIND. FURTHERMORE, MALWAREBYTES SHALL HAVE NO LIABILITY OF ANY TYPE WITH RESPECT TO THE BETA SOFTWARE UNLESS SUCH EXCLUSION OF LIABILITY IS NOT ENFORCEABLE UNDER APPLICABLE LAW, IN WHICH CASE IT’S LIABILITY WITH RESPECT TO THE FREE TRIAL SHALL NOT EXCEED $1,000.00. Beta Software is not fully tested and may have significant issues posing risks associated with its usage. Malwarebytes strongly recommends MSP back up any data. MSP agrees that where it elects to use Beta Software, Malwarebytes shall not be liable for any damage arising from such use. Where MSP decides to use the Beta Software in compliance with this Agreement, Malwarebytes grants a non-exclusive and non-transferable license to execute the Beta Software in accordance with its Documentation solely as allowed under Sections 2.1-2.2. The license term of the Beta Software shall be designated by Malwarebytes, in the event no term is designated, the license shall be valid for thirty (30) days. Malwarebytes may terminate the Beta Software license with or without cause upon 10 days’ notice, or immediately in the event of MSP’s breach of this Agreement.

Beta Software. MalwarebytesIf the Software you have received or are accessing with this agreement is a pre-commercial release or a beta version, at its sole discretionthen you understand that the Software is a pre-release, non-commercial version (collectively, “beta version”) and does not represent a final product of SysKit, Ltd. The Software may make available optional Softwarecontain bugs, including but errors and other problems and should not limited to utilities for supporting the usage of the Software, beta features be used in production environments. You understand that can be enabled within the Software, beta releases, pilots, limited releases, previews, or evaluations of Software (collectively “Beta Software”). Unless a particular Beta Software includes its own separate and specific terms and conditions, this Agreement shall govern the usage of Beta Software. MSP SysKit is not required obligated to use Beta Software release the product, and such ALL PRE- RELEASE OR BETA SOFTWARE IS PROVIDED ON AN “AS-AS IS” WITHOUT BASIS AND SYSKIT, LTD. DISCLAIMS ANY INDEMNIFICATION, WARRANTY, MAINTENANCE, AND ALL WARRANTIES OR SUPPORT LIABILITY TO THE CUSTOMER OF ANY KIND. FURTHERMOREEvaluation Software If you have downloaded or been given an evaluation version (collectively, MALWAREBYTES SHALL HAVE NO LIABILITY “not for sale” (“NFS”), “not for resale” (“NFR”), or “trial”), you may install and access the Software only for the purpose of demonstration, evaluation, and training purposes, and you agree that any output files (“reports” or “Software generated documentation”) are used only for internal, non-commercial, and non- production purposes for the period specified by SysKit (or, if not specified, for 30 days). You acknowledge that evaluation Software may not be fully functional. Any attempt to circumvent any expiration date is in violation of this XXXX and will immediately terminate your license to use the evaluation version. Notwithstanding anything else in this agreement, SysKit does not offer any warranty, indemnity or support for any evaluation Software. EVALUATION SOFTWARE IS PROVIDED “AS IS”. ACCESS TO AND USE OF ANY TYPE OUTPUT FILES CREATED WITH RESPECT TO SUCH EVALUATION SOFTWARE IS ENTIRELY AT THE BETA SOFTWARE UNLESS SUCH EXCLUSION OF LIABILITY IS NOT ENFORCEABLE UNDER APPLICABLE LAW, IN WHICH CASE ITCUSTOMER’S LIABILITY WITH RESPECT TO THE FREE TRIAL SHALL NOT EXCEED $1,000.00OWN RISK. Beta Software is not fully tested and may have significant issues posing risks associated with its usage. Malwarebytes strongly recommends MSP back up any data. MSP agrees that where it elects Perpetual License A perpetual license allows you to continue to use Beta Softwarethe Software for as long as you (a) comply with the terms of the license agreement, Malwarebytes including the additional terms in Section 5, (b) have a valid order confirmation, and (c) have proof of payment. Notwithstanding the foregoing, a perpetual license means that you do not owe additional fees for the version you have purchased. It does not include Support and Upgrade Protection (Software Assurance) or upgrades to subsequent versions that are available at additional costs. Subscription Edition If you have obtained or purchased from SysKit, or its authorized reseller, a right to use the Software for a specific period of time (a “subscription”) then all of the terms of use applicable to the Software set forth in this license agreement shall remain in force, except that the licensee’s right to use the Software shall not be liable for any damage arising from such use. Where MSP decides perpetual, but shall instead be limited solely to use the Beta Software in compliance with this Agreement, Malwarebytes grants a non-exclusive and non-transferable license to execute the Beta Software in accordance with its Documentation solely as allowed under Sections 2.1-2.2. The license term of the Beta Software shall be designated by Malwarebytes, subscription (“subscription term” as defined in 6.4). If SysKit does not receive the event no term is designated, recurring subscription payment or cannot validate the license shall be valid for thirty (30) days. Malwarebytes periodically, then the Software may terminate the Beta Software license with or become inactive without cause upon 10 days’ additional notice, until SysKit receives the payment or immediately validates the license. A subscription edition requires your agreement to the subscription terms and to the other additional terms as noted in the event of MSP’s breach of this AgreementSection 6.

Beta Software. Malwarebytes, at its sole discretion, may make available optional Software, including but not limited to utilities for supporting the usage of the Software, beta features that can be enabled within the Software, beta releases, pilots, limited releases, previews, or evaluations of Software (collectively “Beta Software”). Unless a particular Beta Software includes its own separate and specific terms and conditions, this Agreement shall govern the usage of Beta Software. MSP is not required to use Beta Software and such BETA SOFTWARE IS PROVIDED “AS-IS” WITHOUT ANY INDEMNIFICATION, WARRANTY, MAINTENANCE, OR SUPPORT OF ANY KIND. FURTHERMORE, MALWAREBYTES SHALL HAVE NO LIABILITY OF ANY TYPE WITH RESPECT TO THE BETA SOFTWARE UNLESS SUCH EXCLUSION OF LIABILITY IS NOT ENFORCEABLE UNDER APPLICABLE LAW, IN WHICH CASE IT’S LIABILITY WITH RESPECT TO THE FREE TRIAL SHALL NOT EXCEED $1,000.00. Beta Software is not fully tested and may have significant issues posing risks associated with its usage. Malwarebytes strongly recommends MSP back up any data. MSP agrees that where it elects to use Beta Software, Malwarebytes shall not be liable for any damage arising from such use. Where MSP decides to use the Beta Software in compliance with this Agreement, Malwarebytes grants a non-exclusive and non-non- transferable license to execute the Beta Software in accordance with its Documentation solely as allowed under Sections 2.1-2.2. The license term of the Beta Software shall be designated by Malwarebytes, in the event no term is designated, the license shall be valid for thirty (30) days. Malwarebytes may terminate the Beta Software license with or without cause upon 10 days’ notice, or immediately in the event of MSP’s breach of this Agreement.

Beta Software. MalwarebytesIf the Software you are accessing with this agreement is a pre-commercial release or a beta version, at its sole discretionthen you understand that the Software is a pre-release, non-commercial version (collectively, “beta version”) and does not represent a final product of Syskit, Ltd. The Software may make available optional Softwarecontain bugs, including but errors and other problems and should not limited to utilities for supporting the usage of the Software, beta features be used in production environments. You understand that can be enabled within the Software, beta releases, pilots, limited releases, previews, or evaluations of Software (collectively “Beta Software”). Unless a particular Beta Software includes its own separate and specific terms and conditions, this Agreement shall govern the usage of Beta Software. MSP Syskit is not required obligated to use Beta Software release the product, and such ALL PRE-RELEASE OR BETA SOFTWARE IS PROVIDED ON AN “AS-AS IS” WITHOUT BASIS AND SYSKIT, LTD. DISCLAIMS ANY INDEMNIFICATION, WARRANTY, MAINTENANCE, AND ALL WARRANTIES OR SUPPORT LIABILITY TO THE CUSTOMER OF ANY KIND. FURTHERMOREEvaluation Software If you have been given an evaluation version (collectively, MALWAREBYTES SHALL HAVE NO LIABILITY “not for sale” (“NFS”), “not for resale” (“NFR”), or “trial”), you may install and access the Software only for the purpose of demonstration, evaluation, and training purposes, and you agree that any output files (“reports” or “Software generated documentation”) are used only for internal, non-commercial, and non-production purposes for the period specified by Syskit (or, if not specified, for 21 days). You acknowledge that evaluation Software may not be fully functional. Any attempt to circumvent any expiration date is in violation of this XXXX and will immediately terminate your license to use the evaluation version. Notwithstanding anything else in this agreement, Syskit does not offer any warranty, indemnity or support for any evaluation Software. EVALUATION SOFTWARE IS PROVIDED “AS IS”. ACCESS TO AND USE OF ANY TYPE OUTPUT FILES CREATED WITH RESPECT TO SUCH EVALUATION SOFTWARE IS ENTIRELY AT THE BETA SOFTWARE UNLESS SUCH EXCLUSION OF LIABILITY IS NOT ENFORCEABLE UNDER APPLICABLE LAWCUSTOMER’S OWN RISK. Subscription Edition If you have obtained or purchased from Syskit, IN WHICH CASE IT’S LIABILITY WITH RESPECT TO THE FREE TRIAL SHALL NOT EXCEED $1,000.00. Beta Software is not fully tested and may have significant issues posing risks associated with or its usage. Malwarebytes strongly recommends MSP back up any data. MSP agrees that where it elects authorized reseller, a right to use Beta Softwarethe Software for a specific period of time (a “subscription”) then all of the terms of use applicable to the Software set forth in this license agreement shall remain in force, Malwarebytes except that the licensee’s right to use the Software shall not be liable for any damage arising from such use. Where MSP decides perpetual, but shall instead be limited solely to use the Beta Software in compliance with this Agreement, Malwarebytes grants a non-exclusive and non-transferable license to execute the Beta Software in accordance with its Documentation solely as allowed under Sections 2.1-2.2. The license term of the Beta Software shall be designated by Malwarebytes, subscription (“subscription term” as defined in 4.12). If Syskit does not receive the event no term is designated, recurring subscription payment or cannot validate the license shall be valid for thirty (30) days. Malwarebytes periodically, then the Software may terminate the Beta Software license with or become inactive without cause upon 10 days’ additional notice, until Syskit receives the payment or immediately validates the license. A subscription edition requires your agreement to the subscription terms and to the other additional terms as noted in the event of MSP’s breach of this AgreementSection 6.