If you elect to participate in any beta test, pilot test, or similar test of a Rackspace Service (a “Test Service”), then your use of the Test Service is subject to the following terms:
i. You acknowledge that the Test Service is a pre-release version and may not work properly.
ii. You acknowledge that your use of the Test Service may expose you to unusual risks of operational failures.
iii. You should not use the pre-release version of the Test Service in a live production environment. You must not use the Test Service in any hazardous environments, life support, or weapons systems.
iv. We may terminate the Test Service at any time, in our sole discretion.
v. The commercially released version of the Test Service may change substantially from the pre-release version, and programs that use or run with the pre-release version may not work with the commercial release or subsequent releases.
vi. You are not entitled to any service level credits under our service level guaranties for downtime or other problems that may result from your testing.
vii. During the beta test we will provide support for your use of the service only during our normal business hours – 8:00 a.m. – 5:00 p.m. Central Time, and not 24x7 as with our standard services.
viii. You agree to provide prompt feedback regarding your experience with the Test Service in a form reasonably requested by us, including information necessary to enable us to duplicate errors or problems you experience. You agree that we may use your feed back for any purpose, including product development purposes. At our request you will provide us with comments that we may use publicly for press materials and marketing collateral. Any intellectual property inherent in your feedback or arising from your testing of the service shall be owned exclusively by Rackspace.
ix. You agree that all information regarding your beta test, including your experience with and opinions regarding the Test Service, is “Confidential Information” of Rackspace, as defined in these Terms of Service, and may not be disclosed to a third party or used for any purpose other than providing feedback to Rackspace.
x. The Test Service is provided "AS IS" with no warranty whatsoever.
xi. To the extent permitted by applicable law, Rackspace disclaims any and all warranties with respect to the Test Service including the implied warranties of merchantability, fitness for a particular purpose, and non-infringement.
xii. The maximum aggregate liability of Rackspace and any of its employees, agents, affiliates, or suppliers, under any theory of law (including breach of contract, tort, strict liability, and infringement) for harm to you arising from your use of the Test Service shall be a payment of money not to exceed Five Hundred Dollars ($500.00).