The beta version of the Software (the “Beta Software”) is believed to contain defects, errors or inaccuracies that could cause failures, corruption and/or loss of data or information. By accessing the Beta Software, you acknowledge that (i) the primary purpose of your use of the Beta Software is to enable us to conduct testing, obtain feedback, and to identify defects in theBeta Software, and (ii) you have been advised to safeguard important data, to use caution and notto rely in any way on the correct functioning or performance of the Beta Software and/or any accompanying materials.
THE BETA SOFTWARE IS AVAILABLE "AS IS", AND GLADIUS NETWORKS LLC (“GLADIUS” or “WE”) EXPRESSLY DISCLAIMS ANY AND ALL WARRANTIES, WHETHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, ACCURACY, COMPLETENESS, AND PERFORMANCE. WE MAKE NO WARRANTIES, WHETHER EXPRESS OR IMPLIED, AS TO THE SUITABILITY OR USABILITY OF THE BETA SOFTWARE OR ANY OF ITS CONTENT, AND WE DO NOT WARRANT THAT THE BETA SOFTWARE WILL MEET YOUR REQUIREMENTS OR THAT OPERATION OF THE BETA SOFTWARE WILL BE UNINTERRUPTED OR ERROR FREE.
TO THE EXTENT NOT PROHIBITED BY APPLICABLE LAW, YOU ASSUME ALL RISKS AND ALL COSTS ASSOCIATED WITH THE TESTING, INSTALLATION, OR USE OF THE BETA SOFTWARE, INCLUDING, WITHOUT LIMITATION, ANY DAMAGE TO ANY EQUIPMENT, SOFTWARE, INFORMATION OR DATA, AND IN NO EVENT WILL GLADIUS BE LIABLE TO YOU OR ANY OTHER PERSON FOR ANY DAMAGES WHATSOEVER, INCLUDING DAMAGES FROM LOST PROFITS, LOSS OF GOODWILL, OR ANY INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES, OR DAMAGES FOR NEGLIGENCE OF ANY CHARACTER INCLUDING, WITHOUT LIMITATION, DAMAGES FOR WORK STOPPAGE, LOSS OF DATA, COMPUTER FAILURE OR MALFUNCTION, OR FOR ANY OTHER DAMAGE OR LOSS. IN NO EVENT SHALL GLADIUS BE LIABLE FOR ANY DAMAGES EVEN IF GLADIUS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT SHALL GLADIUS’ TOTAL LIABILITY TO YOU FOR ALL DAMAGES (OTHER THAN AS MAY BE REQUIRED BY APPLICABLE LAW) EXCEED THE AMOUNT OF FIFTY DOLLARS ($50.00). THE FOREGOING LIMITATIONS WILL APPLY EVEN IF THE ABOVE STATED REMEDY FAILS OF ITS ESSENTIAL PURPOSE.
YOU ARE CHOOSING TO RUN GLADIUS SOFTWARE AT YOUR OWN RISK. GLADIUS IS NOT RESPONSIBLE FOR ANY COSTS OR FEES ASSOCIATED WITH YOUR INTERNET SERVICE PROVIDER, INCLUDING ANY EXCESS FEES OR OVERAGE CHARGES FOR EXCEEDING DATA PLANS. GLADIUS IS NOT RESPONSIBLE FOR YOUR INTERNET SERVICE AGREEMENT OR ANY CHANGES IN SERVICE RESULTING FROM THE USE OF GLADIUS SOFTWARE.
GLADIUS, IN THEIR SOLE DISCRETION, WILL MAKE ALL DECISIONS REGARDING REWARDS AND EARNINGS RELATED TO THE BETA PROGRAM.