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Beta Release Disclaimer

From time to time, Vena may make Beta Release Features available to Subscriber or its Users. To the extent Subscriber and/or its Users decide to use any Beta Release Features, Subscriber acknowledges and agrees that: (a) the Beta Release Features are provided “as is” and on a temporary basis to allow testing and evaluation; (b) access to and use of the Beta Release Features is entirely at the Subscriber’s own risk, and (c) the Beta Release Features shall not form part of the Service for the purposes of this Agreement. VENA MAKES NO REPRESENTATIONS OR WARRANTIES, EXPRESS OR IMPLIED, REGARDING THE BETA RELEASE FEATURES, INCLUDING ANY REPRESENTATION THAT THE SERVICES THEREUNDER WILL BE GENERALLY AVAILABLE, UNINTERRUPTED OR ERROR-FREE. TO THE FULLEST EXTENT PERMITTED UNDER APPLICABLE LAW, VENA DISCLAIMS ANY IMPLIED OR STATUTORY WARRANTY, INCLUDING ANY IMPLIED WARRANTY OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY, SATISFACTORY QUALITY OR FITNESS FOR A PARTICULAR PURPOSE IN RESPECT OF THE BETA RELEASE FEATURES. IN NO EVENT SHALL VENA BE LIABLE FOR ANY DAMAGE WHATSOEVER ARISING FROM THE USE OF OR INABILITY TO USE THE BETA RELEASE FEATURES, EVEN IF VENA HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.