Beta Testing. Beta software is a version of software that has not yet been released to the general public. CellTrust, at its sole discretion, may offer beta testing to selected, interested customers. If You use a Product or Service during beta testing, You are asked to provide feedback to CellTrust and assume all risks associated with the beta software. CellTrust advises all beta users to use extreme care when beta testing software since beta software is subject to strict confidentiality and the quality of the software is still under evaluation. BY DOWNLOADING OR USING CELLTRUST’S BETA SOFTWARE, YOU EXPRESSLY AGREE TO THE FOLLOWING TERMS AND CONDITIONS. IF YOU DO NOT AGREE TO ANY PROVISIONS CONTAINED HEREIN, YOU MUST NOT DOWNLOAD OR IMMEDIATELY DISCONTINUE ANY USE OF THE BETA SOFTWARE. You acknowledge and agree that CellTrust offers beta software “as is” without warranty of any kind, express or implied, and subject to the terms contained this Agreement. CellTrust shall have no obligation to maintain, correct, update, change, modify, or otherwise support the beta software in beta testing. CellTrust may discontinue providing service to the beta software at any time. CellTrust makes no guarantee or commitment as to the success of the beta software. You acknowledge that the privacy terms set forth or referenced herein WILL NOT apply to beta testing and no privacy or security should be reasonably expected during beta testing. Beta testing is at the entire risk of You, not CellTrust. CellTrust shall not be liable for any lost revenue, lost profits, or other incidental or consequential damages even if advised of the possibility of such damages by reason of any performance or non‐performance under this Agreement. Furthermore, CellTrust shall not be liable for any delays, losses, or other damages which may result from the furnishing or canceling of any CellTrust® software, features, and/or modules, including, but not limited to, the beta testing software.
Beta Testing. 7.1 Upon successful completion of Alpha Testing, HR shall use the Custom Software on its own or in the Service Bureau(x) environment (as the case may be) for an initial thirty (30) day period or as otherwise agreed in writing, as set forth in the relevant Implementation Schedule, for the processing of HR’s data in a production-like environment (the “Beta Test”). The Beta Test shall be successfully completed upon notice from HR to ETRX that HR is satisfied, in its reasonable good faith discretion, that for a mutually agreed-upon period, (i) all of the functions of the Custom Software have been provided and perform in accordance with this Agreement and the Design Specifications, and (ii) all reliability and performance standards have been met or exceeded (the “Final Custom Software Acceptance”).
7.2 If the Custom Software fails to pass the Beta Test, HR shall so notify ETRX in writing specifying the nature of such failure(s) in reasonable detail and ETRX shall use all reasonable efforts to correct the specified failure(s) after which HR shall commence a second Beta Test.
7.3 If HR reasonably and in good faith determines that the Custom Software fails to pass this second Beta Test, HR shall have, upon written notice to ETRX, the option to terminate, in whole or in part, the applicable Delivery Order. In the event of such termination, unless otherwise agreed in writing, HR shall have the option either to:
7.3.1 pay nothing further to ETRX, in which case, HR’s obligations under Clause 12 of the Service Bureau Agreement (if and to the extent that they do apply) shall cease to apply with immediate effect only: (1) in respect of the Service Bureau Software to which the required Custom Software related if the Custom Software in question was to be of generic (as opposed to Customer-specific) application; or (2) in respect of the Customer(s) for whom the Customer-specific Custom Software was required; or
7.3.2 pay to ETRX the full amount due to ETRX, up to and including the last achieved Milestone, (including any percentage of the Milestone payment currently withheld by HR under the agreed payment structure) in which case:
(a) if the parties had agreed that HR was to own such Custom Software, then, unless otherwise agreed, ETRX shall assign to HR all the Intellectual Property Rights in and, unless agreed otherwise, the corresponding source code for, such partially completed Custom Software; or
(b) if the parties had agreed that HR was not going to own such Custom Sof...
Beta Testing. Upon approval of the Alpha Prototype, Licensee shall submit a post-Alpha prototype of the Wireless Product meeting all Alpha requirements and in substantial conformance with the Design Document, with all features and functions implemented and in which all interface, memory allocation and code size issues are effectively addressed (each, a “Beta Prototype”). Each Beta Prototype will have passed Licensee’s established testing procedures and have no known Bugs. Each Beta Prototype shall be subject to Fox’s written approval, which Wireless Content License Agreement Multiple Properties / Sorrent, Inc. / Final PLZ ***** The omitted portions of this exhibit have been filed with the Securities and Exchange Commission pursuant to a request for confidential treatment under Rule 406 promulgated under the Securities Act of 1933. approval will be in Fox’s sole discretion. After Fox has approved a Beta Prototype, Licensee shall be free to release the Beta Prototype as a final commercial product.
Beta Testing. Upon written notice to the Vendor, the Owner shall be entitled, in its sole discretion to conduct Beta Testing, and in connection therewith the Owner shall be entitled to add appropriate items to the Punch List prior to Final Acceptance.
Beta Testing. Google may provide Institutional Subscriptions to a limited number of institutions as a beta product free of charge prior to the initial launch. Unless otherwise agreed by the Registry, Google shall be authorized to offer Institutional Subscriptions in beta form to up to five (5) Fully Participating Libraries and Cooperating Libraries, up to two (2) Public Libraries, up to two (2) not-for-profit institutions within each of the Carnegie Classifications for Institutions of Higher Education within the United States and, as agreed between Google and the Registry, other libraries. At least one institution from each such category of institutions shall be included in the beta-test group. Google shall provide to the Registry all pricing-related data collected from these beta-test partners to assist in the pricing for the versions of the Institutional Subscriptions. Once the beta Institutional Subscription is launched, Google shall be able to continue to support then-existing beta customers until the earlier of (i) two (2) years from the launch of the beta product (unless a longer period of time is agreed by the Registry) or (ii) launch of the Institutional Subscription.
Beta Testing. If You are part of a software beta test program you acknowledge and agree that:
(a) beta test software may be used/tested in Dealer/CSP homes and/or in Dealer/CSP facilities;
(b) beta test software will not be installed/used in any customer home;
(c) Crestron owns all feedback provided by You including all bug fixes, upgrades, updates, and improvements derived from said feedback; and
(d) all aspects of the beta test software and beta testing program are the confidential information of Crestron and shall be held in the strictest confidence.
Beta Testing. In addition to the other provisions of this Mamut User Agreement, your testing of beta versions of software and other products and/or services from Mamut shall be governed by the provisions below, unless otherwise specifically agreed. You are deemed to have accepted the provisions below by installing a beta version of software or joining a beta version of a service.
Beta Testing. Telenetics will deliver to Xxxxxxx Electric Company ten (10) each of the following Products sometimes referred to as Omega 1, Omega 2 and Omega 3 (as more specifically set forth in the Subcontract):
Beta Testing. From time to time, we may offer you the opportunity to install, use and test certain Hootsuite services prior to their commercial release (“Beta Services”). Use of the Beta Services is optional. If you use any Beta Services, the Hootsuite Beta Terms published at xxx.xxxxxxxxx.xxx/xxxxx/xxxx-xxxxx apply to and govern those Beta Services.
Beta Testing. Bomgar may provide Customer with beta test versions of its Software (“Beta Software”) for evaluation and feedback which shall be free of charge and without warranty of any kind. Customer is not obligated to use the Beta Software; however, if Customer elects to do so then the following terms shall apply: (a) The Beta Software is provided to Customer “As Is” and may contain bugs or errors; (b) Bomgar makes no warranties and disclaims all liabilities with respect to the Beta Software, and (c) Customer agrees to respond to Xxxxxx’s questions regarding Customer’s use of the Beta Software. If Customer provides any feedback to Bomgar regarding the Beta Software, Customer agrees that Xxxxxx may use and incorporate into Xxxxxx’s Products and Services any suggestions, recommendations, ideas, or other feedback (collectively “Feedback”) that Customer provides and Customer shall not be entitled to any compensation. Customer grants to Bomgar, free of charge, all rights to the Feedback. Bomgar may suspend or terminate the Beta Software at any time. Customer further agrees: (i) not to use the Software to distribute, post, or otherwise make available any software or computer files that contain a virus, worm, Trojan horse, or other harmful component; (ii) not to use the Software for any illegal activity; (iii) not to use the Software to disrupt or interfere with any other networks, websites, or security; (iv) not to use the Software to infringe any third party’s intellectual property rights; (v) not to use the Software to distribute any libelous, harassing, defamatory, violent, illegal, vulgar, offensive, slanderous, or otherwise objectionable material of any kind; (vi) not to gain unauthorized access to computer systems or devices that Customer does not have permission to access; (vii) not use the Software under false pretense to gain access to a third party’s computer, network, or information. Customer is responsible for the actions and inactions of its employees, agents, and consultants.
