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COMPANY PROVIDES THE PRODUCTS TO YOU ON THE CONDITION THAT YOU ACCEPT ALL OF THE TERMS CONTAINED IN THIS AGREEMENT. YOU ACCEPT THIS AGREEMENT BY USING THE PRODUCT.
IF YOU DID NOT ACQUIRE THE PRODUCT FROM COMPANY, THEN YOU MAY NOT ENTER INTO THIS AGREEMENT OR USE THE PRODUCT.
1. ACKNOWLEDGMENT OF BETA PRODUCT. Company has disclosed, and Customer understands and agrees, that: (i) the Product is a beta test version that may contain defects, imperfections, issues and errors and (ii) any Feedback with respect to Your use of the Product is subject to the ownership provisions herein, and may be used by Company in Company's development of and be incorporated into the final commercial release of the Product.
2. TERM. This Product Test (Beta) Agreement commences on the Start Date shown above and will be in full force and effect until terminated in writing by either party upon ten (10) days written notice (email will suffice) to the other party.
3. FEEDBACK. In exchange for the use of the Product, You agree to use good faith efforts to test, use, and evaluate the Product. Company requests that You report either orally or in writing any errors, problems, defects, or suggestions for changes and improvements to the Product (collectively, "Feedback") to Company.
4. NO OBLIGATION. Company has no obligation under this Agreement or otherwise to correct any bugs, defects or errors in the Product. Moreover, Company has no obligation to offer the commercial release of the Product to Customer or otherwise under any discounted pricing schedules or special terms.
5. OWNERSHIP. You agree that Company will own and hold all right, title and interest, including but not limited to copyright, patent, trade secret, and all other intellectual and industrial property rights, in and to the Product and any changes, modifications or corrections thereto. You understand and agree that it is being granted use of the Product solely in exchange for its provision of Feedback to Company, which Feedback You agree will be the sole property of Company and will be deemed the confidential information of Company. Company may incorporate Feedback into its products and services and You will gain no rights in such products or services by virtue of having disclosed Feedback.
6. NO WARRANTY. THE PRODUCT PROVIDED UNDER THIS AGREEMENT IS PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND. COMPANY HEREBY DISCLAIMS ANY AND ALL WARRANTIES, EXPRESS, IMPLIED, OR STATUTORY WITH RESPECT TO THE PRODUCT. YOU BEAR THE ENTIRE RISK AS TO THE OPERATION OF THE PRODUCT.
7. LIMITATION OF LIABILITY. IN NO EVENT WILL COMPANY BE LIABLE FOR ANY DAMAGES, INCLUDING WITHOUT LIMITATION PERSONAL INJURY, TORTS, LOSS OF PROFITS OR THE COST OF SUBSTITUTE GOODS, WHETHER IN CONTRACT OR TORT (INCLUDING NEGLIGENCE, PRODUCTS LIABILITY), INCLUDING DIRECT, CONSEQUENTIAL, SPECIAL, EXEMPLARY, INCIDENTAL AND INDIRECT DAMAGES, ARISING OUT OF OR IN CONNECTION WITH THIS AGREEMENT, OR CUSTOMER'S USE OF, OR THE RESULTS OBTAINED FROM, THE PRODUCT.
Customer acknowledges and agrees that the disclaimer of warranties, limitations on liability and limited remedies contained in this Agreement are fundamental parts of the basis of Company's bargain hereunder, and Company would not be able to provide the Product absent such limitations.
8.1. Governing Law. This Agreement will be governed by and construed in accordance with the laws of the State of California without giving effect to any choice of laws principles that would require the application of the laws of a different country or state. The parties hereby consent to the personal jurisdiction and venue of the federal and state courts sitting in San Francisco, California.
8.2. Non-Disparagement. You agree not to disparage the Company or the Company’s products. You will not provide any negative comments or opinions on social media or otherwise regarding the Company or its products.
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