Licensee acknowledges that the Software has not been fully tested as a commercial ready software product. Licensee hereby acknowledges that the Software may have design flaws or programming errors. Licensee shall be responsible for acquiring, installing and operating the Computer.
LICENSOR DOES NOT MAKE AND LICENSEE HEREBY WAIVES ANY AND ALL WARRANTIES EXPRESSED OR IMPLIED, INCLUDING BUT NOT LIMITED TO, IMPLIED WARRANTIES OF FITNESS FOR A PARTICULAR PURPOSE AND WARRANTIES OF MERCHANTABILITY.
Licensor shall defend, indemnify and hold harmless Licensee (including employees, consultants, agents, and subcontractors of Licensee) against any liability arising from the negligence of Licensor or any claim by any third party against Licensee for claimed violations of trade secrets, proprietary information, trademark, copyright or any patent rights resulting from Licensee's use of the Software.
Licensee hereby represents and warrants that Licensee is a Beta Test User. Licensee and Licensor hereby acknowledge that this Agreement is a Beta Test License.