Common use of Beta Code Clause in Contracts

Beta Code. If Customer chooses to participate in a pre-release test program, the following provisions apply to the pre- release test Software: 3.1 Tripwire may offer pre-release code for experimental testing and evaluation (“Beta Code”). If Tripwire authorizes Customer to use Beta Code, Tripwire grants to Customer a temporary, nontransferable, nonexclusive license for experimental use to test and evaluate Beta Code in a non-production environment without charge for up to 60 days unless otherwise specified by Tripwire in writing. This grant and Customer’s use of Beta Code shall not be construed as marketing or offering to sell a license to Beta Code, which Tripwire may choose not to release commercially in any form. 3.2 Customer agrees to evaluate and test Beta Code under normal conditions as directed by Tripwire. Customer acknowledges the experimental nature of Beta Code and agrees not to rely on correct functioning or performance of Beta Code. Customer will contact Tripwire periodically during Customer’s use of Beta Code to discuss any malfunctions or suggested improvements. Upon completion of Customer’s evaluation and testing, Customer will send a written evaluation, which may be in the form of an email, of Beta Code to Tripwire, including its strengths, weaknesses and recommended improvements. 3.3 Customer agrees to maintain Beta Code in confidence and shall restrict access to Beta Code, including any functionality, methods and concepts, solely to those employees authorized by Tripwire to perform Beta Code testing. Customer agrees that any written evaluations and all inventions, product improvements, modifications or developments that Tripwire conceived or made during or subsequent to this Agreement, including those based partly or wholly on Customer’s feedback, will be the exclusive property of Tripwire. Tripwire will have exclusive rights, title and interest in all such property.

Beta Code. If Customer chooses Beta Code is provided to participate in a pre-release test programCustomer, the following provisions apply to the pre- release test Softwareapply: 3.1 Tripwire Certain Software may offer pre-release contain code for experimental testing and evaluation (“Beta Code”). If Tripwire authorizes Customer to use Beta Code, Tripwire grants to Customer a temporary, nontransferable, nonexclusive license for experimental use to test and evaluate Beta Code in a non-production environment without charge for up to 60 days unless otherwise specified by Tripwire in writing, on a single local area network at one location. This grant and Customer’s use of Beta Code shall not be construed as marketing or offering to sell a license to Beta Code, which Tripwire may choose not to release commercially in any form. 3.2 Customer agrees to evaluate and test Beta Code under normal conditions as directed by Tripwire▇▇▇▇▇▇▇▇. Customer acknowledges the experimental nature of Beta Code and agrees not to rely on correct functioning or performance of Beta Code. Customer will contact Tripwire periodically during Customer’s use of Beta Code to discuss any malfunctions or suggested improvements. Upon completion of Customer’s evaluation and testing, Customer will send a written evaluation, which may be in the form of an email, of Beta Code to Tripwire, including its strengths, weaknesses and recommended improvements. 3.3 Customer agrees to maintain Beta Code in confidence and shall restrict access to Beta Code, including any functionality, methods and concepts, solely to those employees authorized by Tripwire to perform Beta Code testing. Customer agrees that any written evaluations and all inventions, product improvements, modifications or developments that Tripwire conceived or made during or subsequent to this Agreement, including those based partly or wholly on Customer’s feedback, will be the exclusive property of Tripwire. Tripwire will have exclusive rights, title and interest in all such property. This Section 3.3 shall survive termination or expiration of this Agreement.

Beta Code. If Customer chooses to participate in a pre-release beta test program, the following provisions terms apply to the pre- release beta test Software: 3.1 Tripwire may offer pre-release code for experimental testing and evaluation (“Beta Code”). If Tripwire authorizes Customer to use Beta Code, Tripwire grants to Customer a temporary, nontransferable, nonexclusive license for experimental use to test and evaluate Beta Code in a non-non- production environment environment, without charge for up to 60 days unless otherwise specified by Tripwire in writing. This grant and Customer’s use Tripwire has no obligation to offer a commercial version of the Beta Code shall not be construed as marketing or offering to sell a license to Beta Code, which Tripwire may choose not to release commercially in any form. 3.2 Customer agrees to will evaluate and test Beta Code under normal conditions as directed by Tripwire. Customer acknowledges the experimental nature of Beta Code and agrees not to rely on correct functioning or performance of Beta Code. Customer will contact Tripwire periodically during Customer’s use of Beta Code to discuss any malfunctions or suggested improvements. Upon On completion of Customer’s evaluation and testingevaluation, Customer will send a written evaluation, which may be in the form of an email, of Beta Code to Tripwire, including its strengths, weaknesses and recommended improvements. 3.3 Customer agrees to maintain Beta Code in confidence and shall to restrict access to Beta Code, including any functionality, methods and concepts, solely to those employees authorized by Tripwire to perform Beta Code testing. Customer agrees that any Any written evaluations and all inventions, product improvements, modifications or developments that Tripwire conceived or made during or subsequent to after this Agreement, including those based partly or wholly on Customer’s feedback, will be are the exclusive property of Tripwire. Tripwire will have , who has exclusive rights, title and interest in all such property.