Effective November 23, 2009
We’re pleased that you wish to participate in a beta test of our product and service (collectively the “Beta Service”). These Beta Service Terms and Conditions form part of an agreement between VISI Incorporated, a Minnesota corporation doing business under the name ReliaCloud (“ReliaCloud”) and you. As this is a pre-release beta test, the Beta Service is not subject to normal terms and conditions. Instead, ReliaCloud’s Beta Service is subject to the following Terms of Service:
- You acknowledge that the Beta Service is a pre-release version and may not work properly, or conform to your particular purposes or needs.
- You acknowledge that your use of the Beta Service may expose you to unusual risks of operational failures, and that you will use it only for purposes that conform with such risks.
- You should not use the pre-release version of the Beta Service in a live production environment. You may not use the Beta Service in any hazardous environments, life support systems, or weapons systems.
- ReliaCloud may terminate the Beta Service at any time, in VISI’s sole discretion.
- ReliaCloud’s later released version may change substantially from the pre-release version, and programs that use or run with the pre-release version may not work with the commercial release or subsequent releases.
- You are not entitled to any service level credits under our service level guarantees for downtime or other problems that may result from your testing.
- During the beta test we may provide limited technical support for your use of the service. This level of support may be less than our standard level of service.
- You agree to provide prompt feedback regarding your experience with the Beta Service in a form reasonably requested by us, including information necessary to enable us to duplicate errors or problems that you may experience. You agree that we may use your feedback for any purpose, including product development purposes. Any intellectual property inherent in your feedback or in other materials you deliver to us for our review which directly arises from your testing of the service shall be assigned to and owned exclusively by VISI unless you first obtain our consent, prior to delivering to us, to accept materials without transfer of intellectual property rights.
- The Beta Service is provided AS IS with no warranty whatsoever. The entire risk arising out of the use or performance of the Beta Service remains with you. To the extent permitted by applicable law, ReliaCloud disclaims any and all warranties with respect to the Beta Service, including the implied warranties of merchantability, fitness for a particular purpose, and non-infringement.
- The maximum aggregate liability of ReliaCloud and any of its employees, agents, affiliates, or suppliers, under any theory of law (including breach of contract, tort, strict liability, and infringement) for harm to you arising from your use of the Beta Service shall be a payment of money not to exceed Five Hundred Dollars ($500.00).
- These Terms of Service shall be governed, construed and enforced in accordance with the laws of the United States of America and of the State of Minnesota. Any dispute arising out of your use of the Beta Service or these Terms of Service shall be heard exclusively in courts located in Hennepin County, Minnesota, USA.
- These Terms of Service constitute the entire and only agreement between you and VISI regarding the Beta Service, and all other prior negotiations, representations, agreements, and understandings are superseded hereby. No agreements altering or supplementing the terms hereof may be made except by means of a written document signed by the duly authorized representatives of the parties.
- You must comply with all applicable federal, state and local laws, regulations, and ordinances, as well as with the ReliaCloud Acceptable Use Policy in connection with your use of the Beta Service.