Common use of Beta Testing Clause in Contracts

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. 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 within 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 due even if advised of the possibility of such damages by reason of any performance or non‐performance under this Agreement, including, but not limited to, the beta testing software. Furthermore, CellTrust shall not be liable for any delays, losses, or other damages which may result from the furnishing or canceling of any CellTrust® CellTrust software, features, and/or modules, including, but not limited to, the beta testing software.