Developmental Offerings Terms of Service
These Developmental Offerings Terms of Service (“Developmental Offering Terms”) supplement the agreement between Customer and Amperity under which Amperity provides its product and service offerings (“Agreement”). These Developmental Offering Terms describe the terms under which Amperity offers Amperity services, features or functionality, or Amperity Data that may be made available to Customer to try at its option for free, are provided prior to general commercial release, or clearly marked beta, limited release, developer preview, non-production, or by a similar description (“Developmental Offering(s)”). Amperity may allow Customer use of a Developmental Offering subject to the then current Documentation. These Developmental Offering Terms may be updated by Amperity from time to time upon notice (which may be provided through the Service or by posting an updated version of these Developmental Offering Terms). Capitalized terms not defined in these Developmental Offering Terms shall have the meaning given to them in the Agreement.
1. WARRANTY DISCLAIMERS
The Developmental Offerings are not at the same level of performance as a commercially available product offering. The Developmental Offerings may not operate correctly, have bugs, errors, defects or harmful components and, at Amperity’s option, may be substantially modified prior to first commercial release, or may not be commercially released in the future. Any support and service levels (“SLAs”) or indemnifications set forth in the Agreement shall not be applicable to the Developmental Offerings.
NOTWITHSTANDING ANYTHING TO THE CONTRARY IN THE AGREEMENT, THE DEVELOPMENTAL OFFERINGS OR ANY AMPERITY SERVICES PROVIDED FREE OF CHARGE, INCLUDING ANY AMPERITY SERVICES OR AMPERITY DATA PROVIDED DURING A FREE TRIAL PERIOD AND CUSTOMER’S ACCESS AND USE ARE PROVIDED “AS IS” AND “AS AVAILABLE” WITHOUT WARRANTY OF ANY KIND, AND AMPERITY MAKES NO PROMISES, REPRESENTATIONS OR WARRANTIES, WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE, WITH RESPECT TO THE DEVELOPMENTAL OFFERINGS, INCLUDING THEIR CONDITION, CONFORMITY TO ANY REPRESENTATION OR DESCRIPTION, OR THE EXISTENCE OF ANY LATENT OR PATENT DEFECTS. AMPERITY EXPRESSLY DISCLAIMS ALL IMPLIED WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT AND FITNESS FOR A PARTICULAR PURPOSE AND ALL OTHER IMPLIED OR STATUTORY WARRANTIES, AS WELL AS ANY LOCAL JURISDICTIONAL ANALOGUES TO THE ABOVE. AMPERITY DOES NOT WARRANT THAT THE DEVELOPMENTAL OFFERINGS WILL BE ERROR-FREE OR THAT THE DEVELOPMENTAL OFFERINGS WILL WORK WITHOUT INTERRUPTIONS. NO INFORMATION OR ADVICE, WHETHER ORAL OR WRITTEN, OBTAINED BY CUSTOMER FROM AMPERITY OR THROUGH THE DEVELOPMENTAL OFFERINGS SHALL CREATE ANY WARRANTY NOT EXPRESSLY MADE IN THE DEVELOPMENTAL OFFERING TERMS AND CUSTOMER’S ACCESS TO AND/OR USE OF DEVELOPMENTAL OFFERINGS IS AT CUSTOMER’S SOLE RISK.
2. PLATFORM USE OR USE OF AMPERITY DATA
Customer may use Developmental Offerings solely for internal evaluation purposes. Developmental Offerings are excluded from Amperity’s commitments and obligations for (i) any SLAs, and (ii) security, compliance and privacy. Amperity may use information about Customer’s use and evaluation of Developmental Offerings for Amperity’s product improvement and development. Customer acknowledges that use of Developmental Offerings may be subject to charges as described in the Agreement. Non-public information about a Developmental Offering is deemed to be the Confidential Information of Amperity. Notwithstanding anything to the contrary in the Agreement, in the event of any conflict between the Agreement and these Developmental Offering Terms, these Developmental Offering Terms shall govern solely in connection with the Developmental Offerings.
3. LIMITATION OF LIABILITY
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL AMPERITY, OR ITS OWNERS, OFFICERS, DIRECTORS, EMPLOYEES, OR LICENSORS, BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, EXEMLARY, CONSEQUENTIAL OR OTHER DAMAGES RELATED TO THESE DEVELOPMENTAL OFFERING TERMS, INCLUDING CLAIMS FOR LOSS OF DATA, USE OR REVENUES, OR ANY OTHER PECUNIARY LOSS, INCLUDING LOST PROFITS, LOSS OF OPPORTUNITY, OR COST OF RECOVERY WHETHER ACTION IS BASED ON TORT (INCLUDING NEGLIGENCE), CONTRACT, VIOLATIONG OF STATUTE, STRICT LIABILITY, OR ANY OTHER THEORY, EVEN IF AMPERITY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT SHALL AMPERITY’S AGGREGATE LIABILITY ARISING OUT OF OR RELATED TO THESE PRE-RELASE TERMS EXCEED FIVE HUNDRED DOLLARS ($500.00).