Last Updated: July 29, 2024
These Beta Terms of Service (“Beta Terms”) supplement the agreement between Customer and Dremio under which Dremio provides its product offerings (“Agreement”). Dremio may, in its sole discretion, offer preview, beta or pre-release features or services, prior to their general commercial release (“Previews”), for the purpose of evaluating performance, identifying defects and obtaining feedback. Previews will be designated as ‘preview,’ pre-release,’ ‘experimental,’ ‘alpha,’ ‘beta’ or with a similar legend. Customer may access and use Previews solely for internal evaluation purposes. Previews are excluded from Dremio’s support and service level obligations unless expressly stated otherwise by Dremio. Previews are excluded from Dremio’s security, compliance and privacy commitments. Dremio may change or discontinue Previews at any time without notice and has no obligation to release a final version of any Preview. Non-public information about a Preview is deemed to be the Confidential Information of Dremio. Any access or use of Previews by Customer will be at Customer’s sole discretion and risk. Dremio will not be liable for any damages in connection with Customer’s use of any Previews. These Beta Terms may be updated by Dremio from time to time upon notice (which may be provided through the Service or by posting an updated version of these Beta Terms). Capitalized terms not defined in these Beta Terms shall have the meaning given to them in the Agreement. Non-public information about a Preview is deemed to be the Confidential Information of Dremio. Notwithstanding anything to the contrary in the Agreement, in the event of any conflict between the Agreement and these Beta Terms, these Beta Terms shall govern solely in connection with the Previews.
WARRANTY DISCLAIMERS. PREVIEWS ARE NOT READY FOR PRODUCTION AND MAY CONTAIN BUGS, ERRORS, DEFECTS OR HARMFUL COMPONENTS. ACCORDINGLY, THE PREVIEWS ARE PROVIDED BY DREMIO ON AN “AS IS” BASIS AND AS AVAILABLE, AND CUSTOMER’S ACCESS TO AND/OR USE OF PREVIEWS IS AT CUSTOMER’S SOLE RISK. TO THE EXTENT PERMITTED BY APPLICABLE LAW, DREMIO EXPRESSLY DISCLAIMS ALL AND CUSTOMER WILL RECEIVE NO WARRANTIES AND CONDITIONS OF ANY KIND FOR PREVIEWS, 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 CUSTOMER FROM DREMIO OR THROUGH THE PREVIEWS SHALL CREATE ANY WARRANTY NOT EXPRESSLY MADE IN THE BETA TERMS.
LIMITATION ON LIABILITY. IN NO EVENT SHALL DREMIO BE LIABLE FOR ANY INDIRECT, SPECIAL, CONSEQUENTIAL AND/OR INCIDENTAL LOSS, EXEMPLARY OR OTHER DAMAGES RELATED TO THESE BETA 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 DREMIO HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. TO THE EXTENT PERMITTED BY APPLICABLE LAW, DREMIO LIABILITY HEREUNDER IS LIMITED TO ONE HUNDRED DOLLARS ($100.00). 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 CUSTOMER.
