E-MetroTel Beta Trial Policy

E-MetroTel occasionally will make pre-release versions of its software available for use by customers to help gain insight into the usability, performance and reliability of that software prior to finalizing the capability for general availability. By virtue of the early access to the functionality enabled by the beta trial software, the customer is able not only to make use of the capabilities prior to it being released for general availability, but also be in a position to provide valuable insight and feedback regarding its suitability for their particular needs that could either shape the pending general availability release of the software or help drive future evolution of the product.

Participation

Participation in a Beta Trial of E-MetroTel software is voluntary and does not create any legal partnership between any of the parties involved (E-MetroTel and the Customer). A decision to end participation in the trial can be made by any party as noted below in Termination.

Obligations

E-MetroTel Obligations

E-MetroTel agrees to:

  • Provide access to the software with basic instructions on the use of the software, although formal documentation may not be complete.
  • Provide support for service affecting issues that may be caused by the beta software through our standard support process
  • Provide access to any updated versions of trial software after the software has completed what it determines is an appropriate level of internal testing
  • Use any knowledge gleaned from customer log and performance data for the strict purpose of enhancing the overall E-MetroTel product offering

Customer Obligations
 The customer agrees to:

  • Allow E-MetroTel access to the customer system through our standard Remote Access VPN in order to periodically review system information such as log and diagnostic files to gauge operation of the beta software in the customer environment
  • Be aware that the beta software may not operate properly in all scenarios and may not be in the final form or be fully functional until it is available for general release.
  • Report any issues identified by its users with no expectation that changes will be made to the product at anytime, with the exception of those that are service affecting
  • Configure their UCX system for Automatic Updates with at least a frequency of Weekly, although Daily updates are preferred. This is to minimize the support effort required on behalf of all parties while facilitating rapid deployment of new beta loads which will increase the overall effectiveness of the trial. 

Termination

Either party can terminate the participation in the beta trial program. If there is a decision by either side to terminate participation, E-MetroTel will endeavor to remove the beta software from the customer system if it is possible to do so without impacting the system operation. The customer understands that once the beta software has been loaded on their system E-MetroTel may not be able to revert back to the exact configuration of the customer system prior to commencing the beta trial participation.

The beta trial program will terminate automatically when the product is released for general availability. Notice will be provided to the participants that the software has moved to general availability with the instructions on how to update their system to the generally available release. At such time, it is incumbent on the customer (or the customer's Reseller) to update their system as soon as possible.

Disclaimer of Liability

TO THE EXTENT NOT PROHIBITED BY APPLICABLE LAW, THE CUSTOMER ASSUMES ALL RISKS AND ALL COSTS ASSOCIATED WITH TESTING, INSTALLATION, OR USE OF THE BETA SOFTWARE PROVIDED UNDER THIS AGREEMENT, INCLUDING, WITHOUT LIMITATION, ANY BACK-UP EXPENSES, COSTS INCURRED FOR THE USE OF THE PRERELEASE SOFTWARE ON YOUR COMPUTERS, DEVICES AND/OR PERIPHERALS, AND ANY DAMAGE TO ANY EQUIPMENT, SOFTWARE, INFORMATION OR DATA, AND IN NO EVENT WILL E-METROTEL BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES, WHETHER ARISING IN TORT (INCLUDING NEGLIGENCE), CONTRACT OR OTHERWISE, ARISING OUT OF OR RELATED TO THIS AGREEMENT, INCLUDING ANY LIABILITY THAT STEMS FROM ANY USE OF THE PRE-RELEASE SOFTWARE ON YOUR COMPUTER, DEVICES AND/OR ANY PERIPHERALS CONNECTED THERETO, AND/OR FROM ANY OTHER CONFIDENTIAL INFORMATION, AND/OR E-METROTEL'S PERFORMANCE OR FAILURE TO PERFORM UNDER THIS AGREEMENT, EVEN IF E-METROTEL HAS BEEN ADVISED OR IS AWARE OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT SHALL E-METROTEL'S TOTAL LIABILITY TO YOU FOR ALL DAMAGES (OTHER THAN AS MAY BE REQUIRED BY APPLICABLE LAW IN CASES INVOLVING PERSONAL INJURY) EXCEED THE AMOUNT OF FIFTY DOLLARS ($50.00). THE FOREGOING LIMITATIONS WILL APPLY EVEN IF THE ABOVE STATED REMEDY FAILS OF ITS ESSENTIAL PURPOSE.