BigFix Labs Licensing Agreement

In the event you ("Licensee") obtain any BigFix offerings (a "BigFix Lab Offering") from http://support.bigfix.com/labs/, then Licensee does so consistent with the following:

  1. Disclaimer of Warranty. Licensee acknowledges that each BigFix Lab Offering is un-released content and is not at the level of performance and compatibility of a final, generally available product offering. Each BigFix Lab Offering may not operate correctly and may never be released as a production product. BigFix Lab Offerings are not supported by BigFix Support, however, Licensee is welcome to post questions/issues/concerns on http://forum.bigfix.com, so that the BigFix Forum community can potentially assist. BigFix Lab Offerings are NOT put through a meaningful QA processs, so Licensee should test a BigFix Lab Offering extensively and use them cautiously in a production environment. To the maximum extent permitted by law, each BigFix Lab Offering and all other documentation and materials obtained from http://support.bigfix.com/labs/ are provided "AS IS" WITHOUT WARRANTY OF ANY KIND, INCLUDING WITHOUT LIMITATION ANY IMPLIED WARRANTIES OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. THE ENTIRE RISK ARISING OUT OF THE USE OR PERFORMANCE OF EACH BIGFIX LAB OFFERING IS WITH LICENSEE. NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY BIGFIX OR ITS AGENTS OR EMPLOYEES SHALL IN ANY WAY INCREASE THE SCOPE OF THIS WARRANTY.
  2. Limitation of Liability. TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT SHALL LICENSOR OR ITS SUPPLIERS BE LIABLE FOR LOST PROFITS OR REVENUES, BUSINESS INTERRUPTION, LOSS OF OR DAMAGE TO BUSINESS INFORMATION OR DATA OR OTHER PECUNIARY LOSS, OR FOR ANY INDIRECT, EXEMPLARY, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR SIMILAR DAMAGES ARISING FROM OR RELATED TO A BIGFIX LAB OFFERING OR THE USE OR INABILITY TO USE A BIGFIX LAB OFFERING OR DOCUMENTATION, EVEN IF BIGFIX OR ANY OF ITS SUPPLIERS HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT SHALL BIGFIX OR ITS SUPPLIERS HAVE ANY LIABILITY ARISING FROM OR RELATED TO LICENSEE'S USE OF A BIGFIX LAB OFFERING, WHETHER IN CONTRACT OR IN TORT OR UNDER ANY OTHER LEGAL THEORY (INCLUDING STRICT LIABILITY AND NEGLIGENCE). THE FOREGOING LIMITATIONS AND EXCLUSIONS OF LIABILITY FORM AN ESSENTIAL BASIS OF THE BARGAIN BETWEEN THE BIGFIX AND LICENSEE, AND BIGFIX WOULD NOT MAKE THE BIGFIX LAB OFFERINGS AVAILABLE TO LICENSEE WITHOUT SUCH LIMITATIONS AND EXCLUSIONS.

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