Common use of Unsupported Products Clause in Contracts

Unsupported Products. If the Product you have received with this license is or includes (i) Evaluation Products, (ii) Pre-Released Products, or (iii) SDKs (collectively, "Unsupported Products"), then you will pay for repair of damages to, or the list price of, the Unsupported Products, as applicable, due to theft, or loss of or damage to Unsupported Products from the time you receive such Products until Licensor receives the Unsupported Products back upon conclusion of your applicable use. To the extent that any provision in this Section conflicts with any other term in this Agreement, this Section will supersede such other term(s) with respect to the Unsupported Products, but only to the extent necessary to resolve the conflict. Unsupported Products are provided to you "AS-IS" and Licensor disclaims any warranty or liability obligations to you of any kind. Maintenance is not available for the Unsupported Products. Licensor may change, suspend, or discontinue any aspect of the Unsupported Products at any time, including the availability of any Unsupported Product, and impose limits on certain features and services or restrict your access to parts or all of Pre-Released and SDK Products. Licensor's ownership rights and the restrictions in Section 2, apply to Unsupported Products. To the maximum extent permitted by applicable law, you hereby (iv) release Licensor and its subsidiaries, affiliates, officers, agents, licensors, and employees (collectively, "Indemnitees") from liability for Claims, and waive all Claims against Indemnitees, arising from or in any way related to your use of the Unsupported Products; and (v) agree to hold harmless, indemnify and defend Indemnitees from and against any and all Claims arising from or related to your use of the Unsupported Products.

Unsupported Products. If the Product Software you have received with this license is or includes (i) Evaluation Products, (ii) Software or Pre-Released Products, or Software (iii) SDKs (collectively, collectively "Unsupported Products"), then you acknowledge and agree that you will pay for repair of damages totake all precautions and safeguards necessary to protect your data and systems from loss or damage. Additionally, or the list price of, the Unsupported Products, as applicable, due to theft, or loss of or damage to Unsupported Products from the time you receive such Products until Licensor receives the Unsupported Products back upon conclusion of your applicable use. To the extent that any provision in this Section conflicts section is in conflict with any other term or condition in this Agreement, this Section will section shall supersede such other term(s) and condition(s) with respect to the Unsupported Products, but only to the extent necessary to resolve the conflict. Furthermore, you acknowledge that the Unsupported Products may contain bugs, errors and other problems that could cause system or other failures and data loss. Consequently, Unsupported Products are provided to you "AS-AS IS" and Licensor disclaims any warranty or liability obligations to you of any kind. Maintenance is not available for the Unsupported Products. Licensor may change, suspend, or discontinue any aspect of the Unsupported Products at any time, including the availability of any Unsupported Product, and impose limits on certain features and services or restrict your access to parts or all of Pre- Released. Your Use of the Evaluation or Pre-Released and SDK ProductsRelease Software is limited to 30 days unless otherwise agreed to in writing by Licensor. Licensor's ownership rights and the The restrictions in Section 22 herein, apply to your use of Unsupported Products. To the maximum extent permitted by applicable law, you hereby (iva) release and waive all claims against Licensor and its subsidiaries, affiliates, officers, agents, licensors, and employees (collectively, collectively "Indemnitees") from liability for Claimsclaims, damages (actual and consequential), and waive all Claims expenses (including litigation costs and attorneys' fees) arising from or in any way related to your use of any Unsupported Products; and (b) agree to hold harmless and indemnify Indemnitees from and against Indemnitees, any third party claims arising from or in any way related to your use of the Unsupported Products; and (v) agree to hold harmless, indemnify and defend Indemnitees from and against including any and all Claims liability or expense arising from or related to your use of the Unsupported Productsall claims, losses, damages (actual and consequential), suits, judgments, litigation costs, and attorneys' fees.

Unsupported Products. If the Product product you have received with this license is or includes (i) Evaluation Products, (ii) Pre-Released Products, or (iii) SDKs (collectively, collectively "Unsupported Products"), then you acknowledge and agree that you will pay for repair of damages totake all precautions and safeguards necessary to protect your data and systems from loss or damage. Additionally, or the list price of, the Unsupported Products, as applicable, due to theft, or loss of or damage to Unsupported Products from the time you receive such Products until Licensor receives the Unsupported Products back upon conclusion of your applicable use. To the extent that any provision in this Section conflicts section is in conflict with any other term or condition in this Agreement, this Section will section shall supersede such other term(s) and condition(s) with respect to the Unsupported Products, but only to the extent necessary to resolve the conflict. Furthermore, you acknowledge that the Unsupported Products may contain bugs, errors and other problems that could cause system or other failures and data loss. Consequently, Unsupported Products are provided to you "AS-IS" and Licensor NetScout disclaims any warranty or liability obligations to you of any kind. Maintenance is not available for the Unsupported Products. Licensor NetScout may change, suspend, or discontinue any aspect of the Unsupported Products at any time, including the availability of any Unsupported Product, and impose limits on certain features and services or restrict your access to parts or all of Pre-Pre- Released and SDK Products. Licensor's ownership rights and Your Use of the Evaluation or Pre-Release Product is limited to 30 days unless otherwise agreed to in writing by NetScout. The restrictions in Section 22 herein, apply to your use of Unsupported Products. To the maximum extent permitted by applicable law, you hereby (iva) release Licensor and waive all claims against NetScout and its subsidiaries, affiliates, officers, agents, licensors, and employees (collectively, collectively "Indemnitees") from liability for Claimsclaims, damages (actual and consequential), and waive all Claims against Indemnitees, expenses (including litigation costs and attorneys' fees) arising from or in any way related to your use of the Unsupported Products; and (vb) agree to hold harmless, harmless and indemnify and defend Indemnitees from and against any and all Claims third party claims arising from or in any way related to your use of the Unsupported Products, including any liability or expense arising from all claims, losses, damages (actual and consequential), suits, judgments, litigation costs, and attorneys' fees.