The Customer acknowledges that the Software is still in testing phase and is provided on an “as is” and “as available” basis and may contain defects with the primary purpose of this beta testing licence being to obtain Feedback on performance and the identification of defects. From time to time, Delsys may invite the Customer to participate in a new version or service feature that Delsys has not made generally available to Customers for production use and that is designated as beta, pilot, limited release, pre-release, non-production, evaluation or similar designation which may not be included in future production releases. Beta software releases are for Delsys evaluation and testing purposes, not for production use, not supported, not subject to availability or security obligations and may be subject to additional terms. Unless otherwise agreed, Delsys will have no liability for any harm, damage or losses of any kind arising out of or in connection with Beta software releases, and the Customer uses Beta Software at its own risk. Customer shall not use Beta Software in any medical, critical care, or critical decision-making applications where failure of Beta Software to perform to expectations may introduce a safety-related risk to operators or study participants. Delsys may discontinue Beta Features at any time at its sole discretion and may choose not to make them generally available.
