Beta Software

VIDYO, INC.

Vidyo software designated as “beta” is “beta” version prerelease code (“Beta Software”) and is not at the level of performance or compatibility of a final, generally available product offering. The Beta Software may not operate correctly and may be substantially modified prior to first commercial release, or withdrawn. The Beta Software is provided “AS IS” without warranty of any kind. The entire risk arising out of the use or performance of the Beta Software remains with recipient.  In no event shall Vidyo be liable for any damage whatsoever arising out of the use of or inability to use the Beta Software, even if Vidyo has been advised of the possibility of such damages.  Any feedback recipient provides to Vidyo regarding the Beta Software, and any enhancements or modifications Vidyo may make to the Beta Software or otherwise as a result thereof, shall be the sole property of Vidyo.  By downloading, installing and/or using the Beta Software, you agree to these terms on behalf of yourself and your organization, if any.