Last Updated: September 6, 2023
These Prerelease Terms of Service (“Prerelease Terms”) describe the terms under which Softrip LLC (“Softrip”) agrees to offer preview, beta, or other pre-release features, services, software, data, or other offerings, in each case, as determined by Softrip at its sole discretion (“Prereleases”).
- The company and the company’s personnel receiving access to the Prereleases (collectively, the “Company”) may use Prereleases solely for internal evaluation purposes. Prereleases are excluded from Softrip’s support and service level obligations for its production and/or generally available product. Prereleases are excluded from Softrip’s security, compliance, and privacy commitments. Company may not use Prereleases to process personal data or other data that is subject to any compliance or legal requirements or does so at its sole risk and liability.
- Where agreed between the parties in advance, or as reasonably requested by Softrip and at Company’s discretion, Company agrees to provide feedback to Softrip pertaining to the Preleases (“Feedback”). Softrip may internally use such Feedback and any other information about Company’s use and evaluation of Prereleases for Softrip’s product improvement and development, provided such use will not, if externally shared, identify Company, Company’s data, or any persons in any way. Company is advised to omit Confidential Information from any Feedback, and understands that, without limiting Softrip’s obligations under the preceding sentence, Softrip will not independently determine or evaluate whether Feedback contains Company’s Confidential Information.
- Softrip may change or discontinue Prereleases at any time without notice. Softrip may choose not to make a Prerelease generally available.
- Non-public information about a Prerelease is deemed the Confidential Information of Softrip under the non-disclosure terms agreed to with Softrip. Notwithstanding anything contrary, in the event of any conflict between these Prerelease Terms and any other agreement entered into between Company and Softrip, these Prerelease Terms will govern solely in connection with the Prereleases.
- WARRANTY DISCLAIMERS. PRERELEASES ARE EXPERIMENTAL AND ARE NOT READY FOR PRODUCTION. PRELEASES MAY CONTAIN BUGS, ERRORS, DEFECTS OR HARMFUL COMPONENTS. PRERELEASES ARE PROVIDED BY SOFTRIP EXCLUSIVELY ON AN “AS IS” AND “AS AVAILABLE” BASIS ONLY, AND THE COMPANY’S ACCESS TO AND/OR USE OF PRERELEASES IS AT THE COMPANY’S SOLE RISK. TO THE EXTENT PERMITTED BY APPLICABLE LAW, SOFTRIP EXPRESSLY DISCLAIMS ANY AND ALL WARRANTIES, REPRESENTATIONS, COVENANTS AND OTHER CONDITIONS OF ANY KIND FOR PRERELEASES, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THOSE OF MERCHANTABILITY, SATISFACTORY QUALITY, TITLE, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. NO INFORMATION OR ADVICE, WHETHER ORAL OR WRITTEN, OBTAINED BY THE COMPANY FROM SOFTRIP OR THROUGH THE PRERELEASES WILL CREATE ANY WARRANTY NOT EXPRESSLY MADE IN THE PRERELEASE TERMS.
- LIMITATION OF LIABILITY. IN NO EVENT WILL SOFTRIP BE LIABLE FOR ANY INDIRECT, SPECIAL, CONSEQUENTIAL AND/OR INCIDENTAL LOSS, EXEMPLARY, OR OTHER DAMAGES RELATED TO THESE PRERELEASE 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 SOFTRIP HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. TO THE EXTENT PERMITTED BY APPLICABLE LAW, SOFTRIP’S LIABILITY UNDER THESE PREVIEW TERMS AND RELATED TO ANY ASPECT OF THE PRELEASES IS LIMITED TO $50.00 U.S.D. 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 THE COMPANY.
- These Prerelease Terms will be governed and construed in accordance with the laws of the Commonwealth of Pennsylvania without regard to its conflict of laws provisions. These Prerelease Terms are the complete and exclusive statement, superseding all prior agreements, understandings, and communications, oral or written, regarding the subject matter of These Prerelease Terms between the parties. In a legal action to enforce These Prerelease Terms, the prevailing party may seek attorney’s fees and costs incurred. These Prerelease Terms may be updated by Softrip from time to time upon notice (which may be provided by email, or by posting an updated version of these Prerelease Terms).