Pre-Release Software. Notwithstanding anything to the contrary in this Agreement, if the Software provided to You under this Agreement is pre-release or beta Software, then You may not distribute or deploy such pre- release or beta Software outside Your testing environment. Neither Pervasive nor its suppliers will be liable for any damages whatsoever relating to Your use of such pre-release or beta Software.
Pre-Release Software. This software is a pre-release version. It may not work the way a final version of the software will. We may change it for the final, commercial version. We also may not release a commercial version.
Pre-Release Software. If the Trial Software provided to You under this Agreement is designated as pre-release or beta software by Actian (“Pre-Release Software”), then You acknowledge that such Pre-Release Software may contain faults. Notwithstanding anything to the contrary herein, neither Actian nor its suppliers will be liable for any damages whatsoever relating to Your use of such Pre-Release Software. Actian is under no obligation to make Pre-Release Software commercially available at any time.
Pre-Release Software. If the Trial Software provided to You under this Agreement is designated as pre-release or beta software by Pervasive (“Pre-Release Software”), then You acknowledge that such Pre-Release Software may contain faults. Notwithstanding anything to the contrary herein, neither Pervasive nor its suppliers will be liable for any damages whatsoever relating to Your use of such Pre-Release Software. Pervasive is under no obligation to make Pre-Release Software commercially available at any time.
Pre-Release Software. The Pre-release Software is a pre-release version and may contain bugs, errors and other problems that could cause system or other failures and data loss. The Pre-release Software does not represent a final product, and a final product that is the same as, similar to, or compatible with, the Pre-release Software may not be introduced or made available in the future. Any research or development that Customer performs regarding the Pre-release Software or any product associated with the Pre-release Software is done entirely at Customer’s own risk. During the term of Customer’s use of the Pre-release Software, Customer will, upon request by TopQuadrant, provide feedback to TopQuadrant regarding testing and use of the Pre-release Software, including error or bug reports. Customer shall not be entitled to use Pre-release Software in live, production environments. All use shall be strictly for non-commercial, internal, non-production purposes.
Pre-Release Software. If the Software provided under this Agreement is Pre-Release Software, Gigamon hereby grants Customer a limited, non-exclusive, worldwide, non-sublicensable, non-transferable, worldwide license to download and install such Pre-Release Software for its internal, non-production use and evaluation. Customer acknowledges that the Pre-Release Software is Gigamon confidential information and may not operate correctly, may be substantially modified prior to first commercial shipment, or may be withdrawn completely. Customer’s use of the Pre-Release Software is at Customer’s sole risk and expense, and Gigamon will have no liability in connection with any Pre-Release Software. The limited license granted in this Section 2(c) expires 30 days after download unless mutually agreed upon in writing by the parties.
Pre-Release Software. On request, OSI may provide Licensee with Pre-Release OSI Software (such as "alpha" or "beta" versions of new or existing OSI Software) for evaluation and familiarization. Pre-Release OSI Software is provided "as is" and without warranty of any kind. It may contain bugs or inoperable features that will not be corrected. OSI may change Pre-Release OSI Software significantly before commercial release, or even not produce a commercial product based on Pre-Release OSI Software.
Pre-Release Software. You understand that Apple may make Pre-release Software available to program participants on CD-ROM or for downloading online pursuant to the terms and conditions contained herein and/or another license agreement accompanying such software. If the Pre-release Software is accompanied by a separate license agreement, you agree that the license agreement accompanying the Pre-release Software, in addition to sections 4, 5, and 6 of this Agreement, shall govern your use of the Pre-release Software. Any inconsistencies between the provisions of the license agreement accompanying the Pre-release Software and Sections 4, 5, and 6 of this Agreement shall be governed by this Agreement. If there is no license agreement accompanying the Pre-release Software, your use of the Pre-release Software will be subject to the provisions of this Agreement. Unless otherwise permitted under Section 3 below, you certify that the Pre-release Software will only be used for evaluation purposes, and will not be rented, sold, leased, sublicensed, assigned, or otherwise transferred.
Pre-Release Software. If the Software or Progress Hosted Service made available to You by Progress pursuant to this Agreement is designated as alpha, beta, pilot, pre-release, limited release, developer preview, or by a description of similar import (“Pre-Release”), then the following additional terms apply:
Pre-Release Software. 15.1 GemStone may provide Licensee with pre-release versions of its software. All pre-release versions provided will be considered Software Products for the purposes of this Agreement and be subject to the terms and conditions of the applicable GemStone Beta Program.
