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Applied Systems acquires Cytora to extend AI capabilities across the digital roundtrip of insurance. Learn More

  1. Pilot. As part of Applied’s Software Development Life Cycle (SDLC), Applied conducts internal and external pre-release testing of new products and features (“New Product”). Customer desires to participate in the controlled testing of the New Product (“Pilot”, may also be referred to as “Early Adopter” “Early Access” or “Beta”), subject to these additional terms and conditions (“Pilot Terms”), as well as the Applied Systems Master Agreement, Agreement for Products and Services, EZLynx Terms of Service, or other underlying license agreement, as the case may be (“Agreement”).  Any reference to Software in the Agreement includes the New Product, except to the extent there is a conflict between the Agreement and these Pilot Terms, in which case these Pilot Terms control.  
  1. Limited Use License to New Product. Subject to these Pilot Terms, Applied grants Customer a limited, personal, non-transferable, non-assignable, non-sublicensable, non-exclusive, and revocable license to access and use the New Product in machine-readable format in a cloud environment managed by Applied and solely for Customer’s internal use to facilitate this Pilot and Applied’s development work. Documentation provided by Applied regarding the New Product may be used by Customer only in furtherance of this license. All licenses are limited to the format in which the New Product is provided. All rights, title, and interest, including copyright and other intellectual property rights, in and to the New Product is and shall remain the property of Applied.
  1. Term and Termination. The Pilot Period begins on the date Applied notifies Customer in writing and continues until the earliest of: (i) termination of the parties’ underlying Agreement; (ii) termination by either Party for convenience, any reason, or no reason whatsoever on notice to the other party; or (iii) upon Applied’s notice that the general release version of the New Product is available (“Pilot Period”). Upon termination of the Pilot: (a) all licenses granted under these Pilot Terms will immediately cease; (b) Customer shall immediately discontinue use, uninstall, and delete the New Product and all related Documentation; and (c) Customer shall remove and delete all demo and/or test content, email addresses, and other information provided as part of the Pilot. Sections 3, 5, 10, and 11 survive termination of the Pilot.
  1. Current Version, Configurations, & Requirements. Customer agrees to: (a) use the version of the Applied Software provided for the Pilot, which may include separate instances, new features, or certain version, software, or hardware requirements, all as indicated by Applied in the Documentation (“Base Software”); and (b) timely follow all pre-release testing procedures and instructions for the New Product, which Applied may modify from time to time without prior notice.
  1. Customer agrees to provide Applied reasonably prompt feedback regarding New Product, including feedback on system bugs, ideas, suggestions, integration observations, and any other feedback as may be applicable or requested (“Feedback”) through templates or communication channels Applied may designate. Customer will provide Feedback both during the Pilot Period and for a reasonable time thereafter. Feedback made by Customer or otherwise learned or discovered by Applied as a result of Customer’s participation in the Pilot is the property of Applied. Customer hereby assigns to Applied all right, title, and interest in and to all Feedback, including all intellectual property rights therein, and agrees to execute any documents reasonably necessary to effectuate such assignment. Customer further agrees that the Feedback it provides may be used by Applied for promotional purposes and publicity regarding New Product and authorizes the use of Customer’s name for such purposes without the need for any additional compensation. Applied has no obligation to use Feedback.
  1. General Release Product. Customer may upgrade to and install the general release version(s) of the New Product when it is Customer’s use of the general release version(s) thereafter shall be subject to the fees and terms of the relevant license agreement entered into between the parties at that time.
  1. Customer must remain current on all fees for Software and other fees due or payable pursuant to the Agreement(s) during the Pilot Period.
  1. Limited Support. Customer acknowledges that (i) issues encountered during the Pilot may not be resolved; (ii) New Product is expressly excluded from all service levels and downtime limitations that may be included in the Agreement, and (iii) all Support and Maintenance for the New Product ceases immediately upon expiration or termination of the Pilot.
  1. AI Features. If the New Product involves artificial intelligence (“AI”), machine learning, or other activities related to AI generally, Customer’s participation is also subject to the additional terms and conditions located at Applied AI Terms and Conditions, which are incorporated herein by reference.
  1. No Warranty of Performance. Customer acknowledges that: (a) New Product remains under continuous development and is not error-free; (b) Updates to the Base Software and New Product, including the general release version, may contain additions, modifications, changes, or deletions to the programs, tools, or software features or functions; and (c) New Product is not perfected computer program and does not utilize perfected processes. Applied reserves the right to make changes to the appearance and functionality of the New Product at any time without Customer accepts all risks, including potential computer system or software interruptions, data loss, unauthorized data access, Downtime, or delays, and other errors or problems in or resulting from the use of the New Product.
  1. Disclaimer & Limitation of Liability.
    1. THE NEW PRODUCT IS LICENSED “AS IS”. THERE ARE NO WARRANTIES THAT EXTEND BEYOND THE FACE OF THESE PILOT TERMS. APPLIED EXPRESSLY DISCLAIMS ALL WARRANTIES, WHETHER EXPRESS, IMPLIED, OR STATUTORY, INCLUDING WITHOUT LIMITATION ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, ACCURACY, RELIABILITY, OR UNINTERRUPTED ACCESS.
    2. NOTWITHSTANDING ANYTHING TO THE CONTRARY IN THE PARTIES’ AGREEMENT, IN NO EVENT SHALL APPLIED BE LIABLE, DIRECTLY OR INDIRECTLY, FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INLUDING WITHOUT LIMITATION LOSS OF PROFITS, REVENUE, DATA, OR BUSINESS OPPORTUNITY ARISING OUT OF OR RELATED TO THE NEW PRODUCT, THESE PILOT TERMS OR CUSTOMER’S PARTICIAPTION IN THE PILOT. IN NO EVENT SHALL APPLIED’S TOTAL AGGREGATE LIABILITY HEREUNDER EXCEED FIVE THOUSAND DOLLARS ($5,000.00).