Thank you for participating in the OpsVerse Beta Program. These OpsVerse Beta Program Terms (“Terms”) apply to and govern your participation in any beta programs (“Beta Program) and use of OpsVerse’s Beta Services (“Beta Services”). In order to participate in a Beta Program or use Beta Services, you must agree to these terms.
1) Eligibility and Participation
You may participate in a Beta Program and use Beta Services only upon request and approval by OpsVerse (“us” “OpsVerse” “us” or “we’), and/ or by invitation from us. Only Customers in good standing may participate in a Beta Program and use Beta Services, subject to the OpsVerse Terms of Service (the “Terms of Service”) and must remain so for the duration of these Terms. The OpsVerse Terms of Service are incorporated by reference and will control for any provisions not addressed in these Terms. The Terms of Service continue to apply with regard to your use of the OpsVerse Services, participation and use of any Beta Services.
2) Beta Service
The Beta Services may be a separate, stand-alone service, accessible apart from the currently available OpsVerse Services (as defined in the Terms of Service) or may be a feature or functionality for existing OpsVerse Services. By agreeing to and complying with these Terms we grant you a non-exclusive, revocable, non-transferable, limited license to use the Beta Services.
3) The Beta Services Are As Is
By accepting these Terms or using the Beta Services, you understand and acknowledge that the Beta Services are being provided as a “Beta” version and made available on an “As Is” or “As Available” basis. The Beta Services may contain bugs, errors, and other problems. YOU ASSUME ALL RISKS AND ALL COSTS ASSOCIATED WITH YOUR USE OF THE BETA SERVICES, INCLUDING, WITHOUT LIMITATION, ANY INCURRED FEES, EXPENSES, COSTS INCURRED FOR THE USE OF YOUR DEVICE, AND ANY DAMAGE TO ANY EQUIPMENT, SOFTWARE, INFORMATION OR DATA. In addition, we are not obligated to provide any maintenance, technical, or other support for the Beta Services.
4) Intellectual Property
You agree that we own all legal rights, title and interest in and to the Beta Program and the Beta Services, including all intellectual property rights, and except for the license provided herein, no other rights or permissions to any of the OpsVerse Services is granted.
Nothing herein gives you a right to use any of our trade names, trademarks, service marks, logos, domain names, and other distinctive brand features. Except to the extent permitted by law, you may not modify, distribute, prepare derivative works of, reverse engineer, reverse assemble, disassemble, decompile or otherwise attempt to decipher any code in connection with the Beta Services and/or any other aspect of OpsVerse technology, except as permitted by us.
5) Term and Termination
These terms will remain in effect for as long as you use the Beta Services. Either party may terminate these Terms before the end of your participation in the applicable Beta Program for any reason or no reason upon written notice to the other party. Upon termination, you will cease using the Beta Services.
These Terms will automatically terminate upon any breach by you of any of your obligations hereunder including breach of confidentiality obligations. Your breach of any of your obligations under the Agreement may result in your immediate termination from use of other Beta Services, or participation in any other Beta Programs.
6) Modification and Termination
We reserve the right to modify or terminate the Beta Program or the Beta Services, or your use of the Beta Services, to limit or deny access to the Beta Services and/or participation in the Beta Program, at any time, in our sole discretion, for any reason, with or without notice and without liability to you. You may discontinue your use of the Beta Services and/or your participation in the Beta Program at any time.
6) Disclaimer of Warranties
THE SERVICE IS PROVIDED “AS IS” AND OPSVERSE AND ITS LICENSORS DISCLAIM ALL OTHER WARRANTIES AND REPRESENTATIONS, WHETHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, AND EXPRESSLY DISCLAIM THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. OPSVERSE DOES NOT REPRESENT OR WARRANT THAT THE SERVICE IS ERROR FREE. OPSVERSE SPECIFICALLY DISCLAIMS ANY EXPRESS OR IMPLIED WARRANTY OF FITNESS FOR SUCH PURPOSES.. TO THE EXTENT PERMITTED BY APPLICABLE LAW, OPSVERSE EXPRESSLY DISCLAIMS ALL AND YOU RECEIVE NO WARRANTIES AND CONDITIONS OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THOSE OF MERCHANTABILITY, SATISFACTORY QUALITY, TITLE, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. No oral or written information or advice given by OpsVerse, its resellers, dealers, distributors, agents, representatives or employees shall create any warranty or in any way enhance any warranty provided herein.
7) Limitation of Liability and Indemnification
IN NO EVENT SHALL OPSERSE OR ITS AFFILIATES BE LIABLE FOR ANY INDIRECT, SPECIAL, CONSEQUENTIAL AND/OR INCIDENTAL LOSS, EXEMPLARY OR OTHER DAMAGES RELATED TO THESE TERMS AND/OR WHETHER DIRECT OR INDIRECT: (i) LOSS OF DATA, (ii) LOSS OF INCOME, (iii) LOSS OF OPPORTUNITY, (iv) LOST PROFITS, AND (v) COSTS OF RECOVERY OR ANY OTHER DAMAGES, HOWEVER CAUSED AND BASED ON ANY THEORY OF LIABILITY, AND WHETHER OR NOT FOR BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE), VIOLATION OF STATUTE, OR OTHERWISE, AND WHETHER OR NOT OpsVerse HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. TO THE EXTENT PERMITTED BY APPLICABLE LAW, OpsVerse’S MAXIMUM LIABILITY HEREUNDER IS LIMITED TO $50.00. SOME JURISDICTIONS DO NOT ALLOW LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
8) Indemnification
You agree to hold harmless and indemnify OpsVerse, our affiliates and subsidiaries, officers, directors, agents, and employees from and against any third party claim arising from or in any way related to (i) your breach of the Terms, (ii) your use of the Beta Services and/or your participation in the Beta Program(s), or (iii) your violation of applicable laws, rules or regulations in connection with the Services.
9) Confidential Information
You acknowledge and agree that: (i) the Beta Program and Beta Services constitute Confidential Information as defined in the Terms of Service (ii) you acknowledge that the successful market launch of commercial versions of the Beta Services requires you to keep all OpsVerse data and information discussed and/or made available through or contained in Beta Program, including, without limitation, the Beta Services strictly confidential; (iii) the premature release of any of the Confidential Information would damage OpsVerse’s competitive and intellectual property interests; and (iv) and information about the Beta Services shall not be shared with anyone other than other authorized users of the Beta Services, which may include users in your OpsVerse Account
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