Common use of Pre-Release Software Clause in Contracts

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. If the Trial Software provided to You under this Agreement is designated as pre-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.