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5. Prerelease Software. If the Customer has received access to precommercial release or beta software or SmS services ("Prerelease Software"), then this Section applies. To the extent that any provision in this Section is in conflict with any other term or condition in this Agreement. this Section shall supersede such other term(s) and condition(s) with respect to the Prerelease Software, but only to the extent necessary to resolve the conflict. (a) Customer acknowledges that the Prerelease Software is a prerelease version, does not represent a final product from Company, and may contain bugs, errors, and other problems that could cause system or other failures and data loss. CONSEQUENTLY, CUSTOMER RECEIVES ACCESS TO THE PRERELEASE SOFTWARE "AS IS" AND WITH ALL FAULTS, AND COMPANY EXPRESSLY DISCLAIMS ANY WARRANTY OR LIABILITY OBLIGATIONS TO CUSTOMER OF ANY KIND, EXPRESS, IMPLIED, OR STATUTORY. WHERE LEGALLY LIABILITY CANNOT BE EXCLUDED FOR PRERELEASE SOFTWARE, BUT IT MAY BE LIMITED, COMPANY'S TOTAL LIABILITY TO CUSTOMER OR TO ANY THIRD PARTY UNDER THIS AGREEMENT (AND THAT OF ITS SUPPLIERS) SHALL BE LIMITED TO THE SUM OF FIFTY DOLLARS (US $50) IN TOTAL. (b) Customer acknowledges that Company has not promised or guaranteed that Prerelease Software will be announced or made available to anyone in the future, that Company has no express or implied obligation to Customer to announce or introduce the Prerelease Software, and that Company may not introduce a product similar to or compatible with the Prerelease Software. Accordingly, Customer acknowledges that any research or development that Customer performs regarding the Prerelease Software or any product associated with the Prerelease Software is done entirely at Customer's own risk. (c) If Customer has been provided access to the Prerelease Software pursuant to a separate written agreement, Customer's use of the Prerelease Software is governed by such agreement. Customer may not sublicense, lease, loan, rent, distribute, or otherwise transfer the Prerelease Software. Upon receipt of a later unreleased version of the Prerelease Software or release by Company of a publicly released commercial version of the Prerelease Software, whether as a stand-alone product or as part of a larger product, Customer agrees to return or destroy all earlier Prerelease Software received from Company and to abide by the terms of the license agreement for any such later versions of the Prerelease Software. 6. Third -Party Materials. The Software and/or SmS System may provide access to or instructions for installing, updating, or upgrading TPS. The ITS may be included in Packages. Company may make TPS and Packages available to Customer over the Internet subject to Customer's payment of the applicable subscription fees. Customer is solely responsible for obtaining, securing, and maintaining any and all hardware, operating system software, Internet services, and any and all other products and services necessary for Customer to download, install, access, receive, or use such TPS and Packages.