Customer acknowledges that the software provided pursuant to this these terms is pre-release software, not generally available to Invicti customers, and incomplete (“Beta Software”). Beta Software may not work properly, and its use may create risk of operational failure, data corruption, security vulnerability, or other unknown risk. Customer is discouraged from using Beta Software in a production environment and/or with live data.
Any support provided for the Beta Software is on an “AS-IS” basis. Customer is not entitled to any credits under any service, support, or platform SLA in connection with its use of the Beta Software or Invicti’s support thereof.
Any service which Invicti may subsequently develop and offer based upon the Beta Software may substantially change, in Invicti’s sole discretion. Invicti makes no guarantee of future functionality with regard to the Beta Software or software based thereon.
Customer agrees to provide prompt feedback regarding its experience with the Beta Software, including information necessary to enable Invicti to duplicate errors or problems experienced. Customer agrees that Invicti may use Customer feedback for any purpose, including product development purposes. Any intellectual property inherent in Customer feedback shall be owned exclusively by Invicti.
Customer agrees that all information regarding Customer’s use of the Beta Software, including Customer’s experience with and opinions regarding the Beta Software, will be Confidential Information of Invicti, and may not be disclosed to a third party or used for any purpose other than providing feedback to Invicti.
TO THE EXTENT PERMITTED BY APPLICABLE LAW, THE BETA SOFTWARE IS PROVIDED AS-IS, WITH NO WARRANTY. INVICTI DISCLAIMS ALL WARRANTIES WITH RESPECT TO THE BETA SOFTWARE. INVICTI SPECIFICALLY DISCLAIMS ALL IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT.
Notwithstanding anything in the Agreement to the contrary Invicti will have no liability under, arising out of, or related to use of the Beta Software by Customer or its Users. Notwithstanding anything to the contrary, the maximum aggregate liability of Invicti in connection with the Beta Software, howsoever caused, whether occurring before or after the acceptance of these terms, under any theory of law, shall not exceed US$500.