Datto Windows Backup Agent Beta Terms

Thank you for participating in the Datto Windows Agent Beta Program to test and evaluate the pre-release Datto Windows Agent (“Beta Product”). By downloading, installing, accessing, or using the Beta Product you represent that you are authorized to act on behalf of the company or other legal entity that is participating in the Datto Beta Program and hereby agree to these Beta Terms.

You may not use the Beta Product in a production environment to provide backup services for your own use or the use of any other party.

All information relating to use and performance of the Beta Product will be deemed Confidential Information. You may not use any such Confidential Information for any purpose other than as expressly authorized by us. You expressly agree that you will not use the Beta Product or any Confidential Information to develop, manufacture, market, sell, or distribute any product or service. You may not disclose any Confidential Information to any third party.

You agree to provide us with timely comments, suggestions, error or deficiency reports and other feedback to assist in future development and improvement of the Beta Product. We may also collect and evaluate certain usage and performance information regarding your use of the Beta Product. You agree that we may collect and use all such feedback and information freely for any purpose and without any compensation to you.

You acknowledge that the Beta Product is not yet tested for use in a production environment and its operation may be unpredictable and lead to erroneous results. You may not resell nor may you authorize any other party to use the Beta Product. You agree the Beta Product (i) is experimental and has not been fully tested; (ii) may not meet your requirements; (iii) use or operation may not be uninterrupted or error free and is for purposes of evaluating, testing and providing feedback to us.

THE BETA PRODUCT IS PROVIDED “AS-IS” AND “AS-AVAILABLE,” WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING ANY IMPLIED WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. YOU EXPRESSLY AGREE THAT YOUR PARTICIPATION IN THE BETA PROGRAM IS AT YOUR OWN RISK. You hereby waive your right to make any and all claims, now known or later discovered, that you may have against us and our suppliers and licensors arising out of your use of the Beta Product.

We may terminate the Beta Program at any time, and both you and we may terminate your participation in the Beta Program at any time, in each case by providing written notice to the other party. Following termination for any reason, you must 1) discontinue all use of the Beta Product; 2) delete or destroy the software and any Confidential Information and otherwise comply with any other directions we provide. At our request, you agree to certify in writing that you have taken all actions required in this paragraph.