Innovation Release - Terms and Conditions
Sonic Foundry, Inc. (“Sonic Foundry”) is providing this Innovation Release software update (“Innovation Release”) to its Mediasite product because you have elected to be part of the Innovation Release program. The Innovation Track provides early stage software releases to interested customers as a means to provide opportunities for testing and awareness of new features which are expected to appear in subsequent core releases. In the event that you no longer wish to be part of the Innovation Release program, you may decline to install future Innovation Releases.
READ THE TERMS AND CONDITIONS BELOW CAREFULLY BEFORE INSTALLING AND USING THE INNOVATION RELEASE. BECAUSE SONIC FOUNDRY HAS NOT COMPLETED ITS TESTING AND QUALITY ASSURANCE PROTOCOLS, SONIC FOUNDRY ANTICIPATES THAT THE INNOVATION RELEASE MAY CONTAIN DEFECTS THAT MAY IMPAIR THE FUNCTIONALITY OF MEDIASITE OR OTHER SOFTWARE. AS SET FORTH BELOW, SONIC FOUNDRY DISCLAIMS ALL WARRANTIES WITH RESPECT TO THE INNOVATION RELEASE AND YOU ACCEPT THE RISKS OF ANY SUCH MALFUNCTION BY USING THE INNOVATION RELEASE.
Acceptance of Terms
By clicking the “I accept the terms….” Checkbox and/or by installing, copying or otherwise using the Innovation Release, you agree to be bound by the terms of your License Agreement with Sonic Foundry (“License Agreement”) as modified by the provisions herein with respect to the Innovation Release. If you do not agree with any term or condition, do not download, open, install or use the Innovation Release.
THE INNOVATION RELEASE MAY CONTAIN CERTAIN DEFECTS AND A PRIMARY PURPOSE OF ISSUING THE INNOVATION RELEASE IS TO OBTAIN FEEDBACK ON PROGRAM PERFORMANCE AND THE IDENTIFICATION OF SUCH DEFECTS. YOU ARE HEREBY ADVISED TO SAFEGUARD ALL DATA, TO USE CAUTION AND NOT RELY IN ANY WAY ON THE CORRECT FUNCTION OF THE MEDIASITE PRODUCT IN CONJUNCTION WITH THE INNOVATION RELEASE.
It is expressly understood and expected that you shall provide to Sonic Foundry reasonable suggestions, comments and feedback regarding the Innovation Release, including but not limited to usability, bug reports and test results, with respect to the Mediasite Product testing (collectively, “Feedback”). If you provide such Feedback to Sonic Foundry, you grant Sonic Foundry the following worldwide, non-exclusive, perpetual, irrevocable, royalty free, fully paid up rights (i) to make, use copy, modify, sell, distribute, sub-license, and create derivative works of, the Feedback as part of any Sonic Foundry product, technology, service, specification or other documentation (individually and collectively, “Sonic Foundry Products”); (ii) to publicly perform or display, import, broadcast, transmit, distribute, license, offer to sell, and sell, rent, lease or lend copies of the Feedback (and derivative works thereof) as part of any Sonic Foundry Product; (iii) solely with respect to your copyright and trade secret rights, to sublicense to third parties the foregoing rights, including the right to sublicense to further third parties; and (iv) to sublicense to third parties any claims of any patents owned or licensable by you that are necessarily infringed by a third party product, technology or service that uses, interfaces, interoperates or communicates with the feedback or portion thereof incorporated into a Sonic Foundry Product, technology or service. Further, you warrant that your Feedback is not subject to any license terms that would purport to require Sonic Foundry to comply with any additional obligations with respect to any Sonic Foundry Products that incorporate any Feedback.
Innovation Release Product Support
Sonic Foundry may provide reasonable assistance and support to you with respect to the Innovation Release but provides no assurance that any specific errors or discrepancies in the Innovation Release will be corrected. Sonic Foundry will continue to support the Mediasite Product, excluding the Innovation Release, as set forth in the License Agreement.
THE INNOVATION RELEASE IS PROVIDED “AS IS”, AND SONIC FOUNDRY DISCLAIMS ANY AND ALL OTHER WARRANTIES, WHETHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, TO THE EXTENT AUTHORIZED BY LAW. WITHOUT LIMITATION OF THE FOREGOING, SONIC FOUNDRY EXPRESSLY DOES NOT WARRANT THAT THE INNOVATION RELEASE WILL MEET YOUR REQUIREMENTS OR THAT OPERATION OF THE INNOVATION RELEASE WILL BE UNINTERRUPTED OR ERROR FREE. YOU ASSUME RESPONSIBILITY FOR SELECTING THE INNOVATION RELEASE TO ACHIEVE YOUR INTENDED RESULTS, AND FOR THE RESULTS OBTAINED FROM YOUR USE OF THE INNOVATION RELEASE, YOU SHALL BEAR THE ENTIRE RISK AS TO THE QUALITY AND THE PEROFRMANCE THEREOF.
Limitation of Liability
Provision of the Innovation Release is experimental and shall not create any obligation for Sonic Foundry to continue to develop, productize, support, repair, offer for sale or in any other way continue to provide or develop the Innovation Release either to you or to any other party.
SONIC FOUNDRY’S CUMULATIVE LIABILITY TO YOU OR ANY PARTY RELATED TO YOU FOR ANY LOSS OR DAMAGES ARISING OUT OF OR RELATING TO THE INNOVATION RELEASE, OR INSTALLATION OR USE OF THE INNOVATION RELEASE SHALL NOT EXCEED THE AMOUNT OF FEES, IN ANY, PAID TO SONIC FOUNDRY BY YOU IN EXCHANGE FOR USE AND ACCESS TO THE INNOVATION RELEASE. THIS LIMITATION APPLIES TO ALL CAUSES OF ACTION OR CLAIMS IN THE AGGREGATE, INCLUDING, WITHOUT LIMITATION, BREACH OF CONTRACT, BREACH OF WARRANTY, INDEMNITY, NEGLIGENCE, STRICT LIABILITY, MISREPRESENTATION AND OTHER TORTS. IN NO EVENT SHALL SONIC FOUNDRY BE LIABLE TO YOU OR ANY PARTY RELATED TO YOU FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, OR PUNITIVE DAMAGES OR LOST PROFITS EVEN IF SONIC FOUNDRY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.