Common use of Pre-Released Product Clause in Contracts

Pre-Released Product. If the Product you have received with this license is not yet commercially available ("Pre-Released Product"), then Licensor grants you a temporary, revocable, non-exclusive, non-transferable license to use the Pre-Released Product and the associated Documentation, if any, as provided to you by Licensor solely for internal (i) laboratory, (ii) demonstration, and (iii) evaluation purposes. If you have been provided the Pre-Released Product pursuant to a separate written agreement, your use of the Pre-Released Product is also governed by such agreement. Licensor may terminate your right to use the Pre-Released Product at any time at Licensor’s discretion. Your Use of the Pre-Released Product is limited to 30 days unless otherwise agreed to in writing by Licensor. You acknowledge and agree that (iv) Licensor has not promised or guaranteed to you that the Pre-Released Product will be announced or made available to anyone in the future; (v) Licensor has no express or implied obligation to you to announce or introduce the Pre- Released Product; (vi) Licensor may not introduce a product similar to or compatible with the Pre-Released Product; and (vii) any use of the Pre-Released Product or any product associated with the Pre-Released Product is entirely at your own risk. During the term of this Agreement, if requested by Licensor, you will (viii) provide feedback to Licensor regarding use of the Pre-Released Product, including error or bug reports, (ix) promptly report to NetScout any problems that may arise in evaluating and using the Pre- Released Product, (x) prepare a report evaluating the Pre-Released Product as part of a test plan or describing problems encountered and any resolutions developed for those problems, and (xi) provide VPN or on site access to the Pre-Released Product as necessary. Additionally, during the term of your use of the Pre-Released Product, you may provide Licensor with certain electronic data capture or survey files (“Project Files”). You hereby grant to Licensor a worldwide, nonexclusive, nontransferable, non-assignable, perpetual right and license to reproduce, use, display, modify, manipulate and analyze the Project Files for the purposes of enabling Licensor to support, maintain, develop, test and enhance Products and Services. By providing Project Files to Licensor, you represent and warrant to Licensor that you have sufficient rights to the Project Files to grant such rights to Licensor. If it becomes necessary for you to withdraw from the Pre-Released Product testing for a particular Pre-Released Product, you will withdraw, at your own cost, according to the following procedure: You will de-install the Pre-Released Software and return to Licensor all materials provided by Licensor to you as part of the Pre-Released Product process, including all temporary server platform(s) or Hardware provided, if any. Upon receipt of a later, unreleased version of the Pre-Released Product or release by Licensor of a publicly released commercial version of the Pre-Released Product, whether as a stand-alone product or as part of a larger product, you agree to return or destroy, within 10 days, all copies of earlier Pre-Released Product received from Licensor and to comply with the terms of the applicable End User License Agreement for any such later versions of the Product. You will not disclose any features or functions of any Pre-Released Product until Licensor makes the Pre-Released Product publicly available.

Pre-Released Product. If the Product you have received with this license is not yet commercially available ("Pre-Released Product"), then Licensor grants you a temporary, revocable, non-non- exclusive, non-transferable license to use the Pre-Released Product and the associated Documentation, if any, as provided to you by Licensor solely for internal (i) laboratory, (ii) demonstration, and (iii) evaluation purposes. If you have been provided the Pre-Released Product pursuant to a separate written agreement, your use of the Pre-Released Product is also governed by such agreement. Licensor may terminate your right to use the Pre-Released Product at any time at Licensor’s discretion. Your Use of the Pre-Released Product is limited to 30 days unless otherwise agreed to in writing by Licensor. You acknowledge and agree that (iv) Licensor has not promised or guaranteed to you that the Pre-Released Product will be announced or made available to anyone in the future; (v) Licensor has no express or implied obligation to you to announce or introduce the Pre- Pre-Released Product; (vi) Licensor may not introduce a product similar to or compatible with the Pre-Released Product; and (vii) any use of the Pre-Released Product or any product associated with the Pre-Released Product is entirely at your own risk. During the term of this Agreement, if requested by Licensor, you will (viii) provide feedback to Licensor regarding use of the Pre-Pre- Released Product, including error or bug reports, (ix) promptly report to NetScout any problems that may arise in evaluating and using the Pre- Pre-Released Product, (x) prepare a report evaluating the Pre-Released Product as part of a test plan or describing problems encountered and any resolutions developed for those problems, and (xi) provide VPN or on site access to the Pre-Pre- Released Product as necessary. Additionally, during the term of your use of the Pre-Released Product, you may provide Licensor with certain electronic data capture or survey files (“Project Files”). You hereby grant to Licensor a worldwide, nonexclusive, nontransferable, non-assignable, perpetual right and license to reproduce, use, display, modify, manipulate and analyze the Project Files for the purposes of enabling Licensor to support, maintain, develop, test and enhance Products and Services. By providing Project Files to Licensor, you represent and warrant to Licensor that you have sufficient rights to the Project Files to grant such rights to Licensor. If it becomes necessary for you to withdraw from the Pre-Pre- Released Product testing for a particular Pre-Released Product, you will withdraw, at your own cost, according to the following procedure: You will de-install the Pre-Released Software and return to Licensor all materials provided by Licensor to you as part of the Pre-Released Product process, including all temporary server platform(s) or Hardware provided, if any. Upon receipt of a later, unreleased version of the Pre-Released Product or release by Licensor of a publicly released commercial version of the Pre-Pre- Released Product, whether as a stand-alone product or as part of a larger product, you agree to return or destroy, within 10 days, all copies of earlier Pre-Released Product received from Licensor and to comply with the terms of the applicable End User License Agreement for any such later versions of the Product. You will not disclose any features or functions of any Pre-Released Product until Licensor makes the Pre-Released Product publicly available.

Pre-Released Product. If Subject to the Product terms of this Agreement, if the product you have received with this license is not yet commercially available ("Pre-Pre- Released Product"), then Licensor NetScout grants you a temporary, revocable, non-non- exclusive, non-transferable license to use the Pre-Released Product as provided to you by NetScout and the associated Documentation, if any, as provided to you by Licensor solely for internal testing purposes at the direction of NetScout. Additionally, you acknowledge that (i) laboratory, NetScout has not promised or guaranteed to you that the Pre-Released Product will be announced or made available to anyone in the future; (ii) demonstration, NetScout has no express or implied obligation to you to announce or introduce the Pre-Released Product; and (iii) evaluation purposesyou understand that NetScout may not introduce a product similar to or compatible with the Pre-Released Product. Accordingly, you acknowledge that any use of the Pre-Released Product or any product associated with the Pre-Released Product is done entirely at your own risk. During the term of this Agreement, if requested by NetScout, you will provide feedback to NetScout regarding use of the Pre-Released Product, including error or bug reports. If you have been provided the Pre-Released Product pursuant to a separate written agreement, your use of the Pre-Released Product is also governed by such agreement. Licensor may terminate your right to use the Pre-Released Product at any time at Licensor’s discretion. Your Use of the Pre-Released Product is limited to 30 days unless otherwise agreed to in writing by Licensor. You acknowledge and agree that (iv) Licensor has not promised or guaranteed to you that the Pre-Released Product will be announced or made available to anyone in the future; (v) Licensor has no express or implied obligation to you to announce or introduce the Pre- Released Product; (vi) Licensor may not introduce a product similar to or compatible with the Pre-Released Product; and (vii) any use of the Pre-Released Product or any product associated with the Pre-Released Product is entirely at your own risk. During the term of this Agreement, if requested by Licensor, you will (viii) provide feedback to Licensor regarding use of the Pre-Released Product, including error or bug reports, (ix) promptly report to NetScout any problems that may arise in evaluating and using the Pre- Released Product, (x) prepare a report evaluating the Pre-Released Product as part of a test plan or describing problems encountered and any resolutions developed for those problems, and (xi) provide VPN or on site access to the Pre-Released Product as necessary. Additionally, during the term of your use of the Pre-Released Product, you may provide Licensor with certain electronic data capture or survey files (“Project Files”). You hereby grant to Licensor a worldwide, nonexclusive, nontransferable, non-assignable, perpetual right and license to reproduce, use, display, modify, manipulate and analyze the Project Files for the purposes of enabling Licensor to support, maintain, develop, test and enhance Products and Services. By providing Project Files to Licensor, you represent and warrant to Licensor that you have sufficient rights to the Project Files to grant such rights to Licensor. If it becomes necessary for you to withdraw from the Pre-Released Product testing for a particular Pre-Released Product, you will withdraw, at your own cost, according to the following procedure: You will de-install the Pre-Released Software and return to Licensor all materials provided by Licensor to you as part of the Pre-Released Product process, including all temporary server platform(s) or Hardware provided, if any. Upon receipt of a later, unreleased version of the Pre-Released Product or release by Licensor NetScout of a publicly released commercial version of the Pre-Released Product, whether as a stand-alone product or as part of a larger product, you agree to return or destroy, within 10 days, destroy all copies of earlier Pre-Pre- Released Product received from Licensor NetScout and to comply with abide by the terms of the applicable End User License Agreement for any such later versions of the Pre- Released Product. You hereby agree that the features and functions of Pre- Released Products are confidential, and you will not disclose any such features or and functions of any Pre-Released Product until Licensor makes such time as the Pre-Released Product is publicly available.