Common use of Beta Testing Clause in Contracts

Beta Testing. Bomgar may provide Customer with beta test versions of its Software (“Beta Software”) for evaluation and feedback which shall be free of charge and without warranty of any kind. Customer is not obligated to use the Beta Software; however, if Customer elects to do so then the following terms shall apply: (a) The Beta Software is provided to Customer “As Is” and may contain bugs or errors; (b) Bomgar makes no warranties and disclaims all liabilities with respect to the Beta Software, and (c) Customer agrees to respond to Bomgar’s questions regarding Customer’s use of the Beta Software. If Customer provides any feedback to Bomgar regarding the Beta Software, Customer agrees that Bomgar may use and incorporate into Bomgar’s Products and Services any suggestions, recommendations, ideas, or other feedback (collectively “Feedback”) that Customer provides and Customer shall not be entitled to any compensation. Customer grants to Bomgar, free of charge, all rights to the Feedback. Bomgar may suspend or terminate the Beta Software at any time. Customer further agrees: (i) not to use the Software to distribute, post, or otherwise make available any software or computer files that contain a virus, worm, Trojan horse, or other harmful component; (ii) not to use the Software for any illegal activity; (iii) not to use the Software to disrupt or interfere with any other networks, websites, or security; (iv) not to use the Software to infringe any third party’s intellectual property rights; (v) not to use the Software to distribute any libelous, harassing, defamatory, violent, illegal, vulgar, offensive, slanderous, or otherwise objectionable material of any kind; (vi) not to gain unauthorized access to computer systems or devices that Customer does not have permission to access; (vii) not use the Software under false pretense to gain access to a third party’s computer, network, or information. Customer is responsible for the actions and inactions of its employees, agents, and consultants.

Beta Testing. Bomgar may provide Customer with beta test versions of its Software (“Beta Software”) for evaluation and feedback which shall be free of charge and without warranty of any kind. Customer is not obligated to use the Beta Software; however, if Customer elects to do so then the following terms shall apply: (a) The Beta Software is provided to Customer “As Is” and may contain bugs or errors; (b) Bomgar makes no warranties and disclaims all liabilities with respect to the Beta Software, and (c) Customer agrees to respond to Bomgar▇▇▇▇▇▇’s questions regarding Customer’s use of the Beta Software. If Customer provides any feedback to Bomgar regarding the Beta Software, Customer agrees that Bomgar ▇▇▇▇▇▇ may use and incorporate into Bomgar▇▇▇▇▇▇’s Products and Services any suggestions, recommendations, ideas, or other feedback (collectively “Feedback”) that Customer provides and Customer shall not be entitled to any compensation. Customer grants to Bomgar, free of charge, all rights to the Feedback. Bomgar may suspend or terminate the Beta Software at any time. Customer further agrees: (i) not to use the Software to distribute, post, or otherwise make available any software or computer files that contain a virus, worm, Trojan horse, or other harmful component; (ii) not to use the Software for any illegal activity; (iii) not to use the Software to disrupt or interfere with any other networks, websites, or security; (iv) not to use the Software to infringe any third party’s intellectual property rights; (v) not to use the Software to distribute any libelous, harassing, defamatory, violent, illegal, vulgar, offensive, slanderous, or otherwise objectionable material of any kind; (vi) not to gain unauthorized access to computer systems or devices that Customer does not have permission to access; (vii) not use the Software under false pretense to gain access to a third party’s computer, network, or information. Customer is responsible for the actions and inactions of its employees, agents, and consultants.