Effective date: 1 February 2026
This Beta Testing Schedule forms part of the Agreement between Etain and the Customer (the "Beta Tester") regarding access to and use of certain features currently in beta testing in Etain's Intelligent Workspaces platform (the "Beta Software").
Etain will make the Beta Software available for the Beta Tester on the terms set out herein.
The Beta Software will be made available in a beta version in the testing period defined in the Order Form. When the testing period is over, the Beta Tester will have free access to the Beta Software for the remainder of 2026, assuming that the Beta Software is continually provided.
The Beta Tester understands that the Beta Software is a pre-release version of the product. It may not function as intended and its use may result in unexpected results. The Beta Tester acknowledges and agrees to this, and that the use of the Beta Software is solely at the Beta Tester's own risk.
THE BETA SOFTWARE IS PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND. THE COMPANY DISCLAIMS ALL WARRANTIES, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. THE COMPANY DOES NOT WARRANT THAT THE FUNCTIONS CONTAINED IN THE BETA SOFTWARE WILL MEET THE BETA TESTER'S REQUIREMENTS OR THAT THE OPERATION OF THE BETA SOFTWARE WILL BE UNINTERRUPTED OR ERROR-FREE. THE BETA TESTER BEARS THE SOLE AND FULL LIABILITY FOR ANY RISK ASSOCIATED WITH THE USE OF THE BETA SOFTWARE, INCLUDING BUT NOT LIMITED TO, ANY DAMAGE TO COMPUTER SYSTEMS OR LOSS OF DATA.
IN NO EVENT SHALL ETAIN BE LIABLE FOR ANY DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, INCIDENTAL, INDIRECT, CONSEQUENTIAL, OR PUNITIVE DAMAGES, LOST PROFITS, OR DAMAGES RESULTING FROM LOST DATA OR BUSINESS INTERRUPTION) ARISING OUT OF THE USE OF OR INABILITY TO USE THE BETA SOFTWARE, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT THE COMPANY IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
The Beta Tester acknowledges that during the beta test, the Beta Tester may get access to confidential and proprietary information belonging to the Company ("Confidential Information").
Confidential Information also includes, but is not limited to, the Beta Software, its related documentation, design, business strategies, data, research, development, processes, and any other information disclosed by the Company to the Beta Tester.
The Beta Tester agrees to the following:
This confidentiality clause shall survive the termination of this Agreement and the Beta Tester's duty to hold Confidential Information in confidence shall remain in effect until the Confidential Information no longer qualifies as a trade secret or until the Company sends the Beta Tester written notice releasing them from this Agreement, whichever occurs first.
Beta Tester agrees to provide timely feedback regarding their experience with the Beta Software, including any defects or issues encountered during the testing.