Disclaimer of Warranties. Merchant acknowledges and agrees that by their nature, Beta Products are still under development when made available to Merchant, and have not been commercially released for sale or subscription by Toast. Beta Products may not be fully functional, and may include design flaws, errors, bugs, or other problems, including problems that may impact the operation of Merchant’s existing Services. Merchant acknowledges and agrees that Beta Products may contain fewer features or different commercial terms than subsequent, generally available versions. Toast retains the right to alter, modify, suspend or cancel the Beta Products, the Beta Program, and/or Merchant’s participation in it at any time, in its sole discretion.
THE TOAST BETA PRODUCTS ARE PROVIDED “AS IS” AND ALL WARRANTIES, EXPRESS OR IMPLIED, ARE EXPRESSLY EXCLUDED AND DISCLAIMED, INCLUDING WITHOUT LIMITATION THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, AND ANY WARRANTIES ARISING BY STATUTE OR OTHERWISE IN LAW OR FROM COURSE OF DEALING, COURSE OF PERFORMANCE, USE OR TRADE. TOAST SHALL HAVE NO LIABILITY (INCLUDING ANY INDEMNIFICATION OBLIGATIONS) TO MERCHANT (OR ANY OF ITS EMPLOYEES, AFFILIATES, AGENTS, OR PARTNERS) OR ANY THIRD PARTY RELATING TO THIS BETA AGREEMENT OR THE USE OF ANY BETA PRODUCTS BY MERCHANT WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY, OR OTHERWISE. IN NO EVENT WILL TOAST BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, RELIANCE, INCIDENTAL, EXEMPLARY, COVER OR CONSEQUENTIAL DAMAGES, INCLUDING BUT NOT LIMITED TO DAMAGES FOR LOST PROFITS OR REVENUE, LOST BUSINESS OPPORTUNITIES, LOST SAVINGS, LOST DATA, OR COMPUTER FAILURE, EVEN IF TOAST HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND EVEN IF ANOTHER LIMITED REMEDY HAS FAILED OF ITS ESSENTIAL PURPOSE.