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for purchase) may not be at the level of performance or compatibility of a final, generally available Software or Service offering. Furthermore, you understand that, for promotional purposes, from time to time, Kaseya may enable new functionality for a trial period to show you what is available or new in the Software and Services, and you agree to accept these new functionalities on a trial basis as they are provided to you. Pre -Release Software or Services may not operate correctly and may be substantially modified prior to commercial shipment, or withdrawn in whole or in part. During the term of the Agreement, if requested by Kaseya, you will provide feedback to Kaseya regarding testing and use of the Pre -Release Software or Services,. including error or bug reports. If you have been provided the Pre -Release Software or Services pursuant to a separate written agreement, your use of the Pre -Release Software or Services is also governed by such agreement. Upon receipt of a later unreleased version of the Pre -Release Software or Services or release by Kaseya of a publicly released commercial version of the Pre -Release Software or Services, whether as a stand-alone product or as part of a larger product, you agree to return or destroy all copies of earlier Pre -Release Software or Services received from Kaseya and to abide by the terms of the applicable user agreement for any such later versions of the Pre - Release Software or Services. You hereby agree that the features and functions of Pre -Release Software or Services are confidential, and you will not disclose any such features and functions until such time as the Pre - Release Software or Services are publicly available. All Pre -Release and Software and Services offered on a trial basis are provided "AS IS" without warranty of any kind. The entire risk arising out of the use or performance of Pre -Release or trial Software or Services remains with you. In no event shall any of the Kaseya Entities be liable for any damage whatsoever arising out of or related to any Pre -Release or trial Software, Services even if Kaseya has been advised of the possibility of such damages and your sole and exclusive remedy will be to terminate use of the Pre -Release or trial Software or Service. 9. MARKS. The Marks are available to you only if you meet the criteria to use them. The criteria are explained on the Website at http://www.kaseya.com/LegaUTrademark-Guidelines.aspx. If you meet the criteria and Kaseya has not informed you otherwise, during the Tern, we grant to you a revocable at any time non-exclusive, non -transferable, limited, royalty -free license to use the applicable Marks. You acknowledge and agree that: (a) Kaseya or its licensors are the sole owners of the Marks and the sole beneficiaries of the goodwill associated with your use of the Marks; (b) you will not acquire any right, title or interest in the Marks because of your use of the Marks; and (c) you will not register, adopt or use any name, trademark, domain name or other designation that includes all or part of any Mark, or any term that is confusingly similar to a Mark, or a translation or transliteration of a Mark, and specifically agree not to direct or re -direct communications network traffic to any network address associated with you or with any other third part}; cause such network traffic to be so directed or so re -directed on behalf of you or with any other third party; or list or cause to be listed any Internet website associated with you or with any third party in response to a keyword search that receives as input, whether in whole or in part based on the foregoing. 10. CONFIDENTIALITY. 10.1. Each party agrees to hold the other party's Confidential Information in confidence and not to use it for any purpose other than to provide or receive the Software and Services under the Agreement as applicable. Each party agrees to use the same standard of care to protect Confidential Information as it uses to protect its own similar confidential and proprietary information, but not less than a reasonable standard of care. 10.2. Confidential Information may only be disclosed to those Affiliates, employees, contractors and advisors of you or of the Kaseya Entities, as applicable, on a need -to -know basis and who agree to be bound by confidentiality restrictions at least as restrictive as those contained in the Agreement; provided, that nothing shall prevent or prohibit a party from using or disclosing Confidential Information as may be required by law, rule, regulation or legal process. 10.3. Confidential Information remains at all times the property of the disclosing party. Unless otherwise explicitly. set forth herein, no licenses or rights under any patent, copyright, trademark, or trade secret are granted or are to be implied with respect to Confidential Information. if. LIMITED WARRANTY DISCLAIMER OF WARRANTIES• INTERNET DELAYS EXCLUSION OF DAMAGES: LIMITATION ON LIABILITY. 11.1. Limited Warranty. Kaseya warrants that the Software when shipped or transmitted to you will operate substantially in accordance with the Documentation for a period of ninety (90) days from delivery to you. Your soleandexclusive remedy and the entire liability of Kaseya under this limited warranty will be at Kaseya's option, repair, replacement, or refund of the purchase price of the Software (or if the Software