These Beta Test Terms and Conditions (these “Beta Test Terms”) is entered into between you and us and supplements our Terms of Service. In the event that there is a conflict between any of the provisions of this Beta Test Terms and the Terms of Service, this Beta Test Terms shall control. Capitalized terms used herein and not otherwise defined shall have the meaning ascribed to such terms in the Terms of Service.
1. Beta Version.
The Service are currently being offered as a pre-release, beta version of the Service (“Beta Test”) and you wish to participate in the Beta Test. Subject to your acceptance of and compliance with the Terms, we grant to you a revocable, non-exclusive, non-transferable, non-sublicensable, limited license to use the Service for the sole purpose of evaluation and beta testing of the Service for the Beta Test Period. “Pilot Test Period” means the date on which you accept the Terms of Service until either (i) we, in our sole and absolute discretion, determine that the Pilot Test Period is over and notify you of the end of the Pilot Test Period in any manner we deem fit, or (ii) the Terms of Service terminate pursuant its terms.
The Beta Test is newly developed and is in the process of further development and refinement. The purpose of the Beta Test is to enable you to evaluate the Service and to enable us to learn how well the Service functions and performs and to evaluate and make modifications or improvements to the Service. Your suggestions and feedback are an important part of how we learn. Therefore, we request that you provide a reasonable level of suggestions, comments, ideas, improvement, feedback, and information about your use of the Service, including (i) responding to surveys or questionnaires and (ii) feedback related to bug reports, test results, usability, and functionality of the Service (collectively, the “Feedback”). In connection with your use of the Service and any Feedback you provide to us in any manner, you hereby grant to us all right, title, and interest in, to, and under the Feedback. You hereby agree that we shall own the Feedback, and that the Feedback shall remain our sole and exclusive property.
You agree that during the Pilot Test Period, you may be given certain Confidential Information (defined below) related to the Service and us. You agree that you shall (i) at all times hold in strict confidence and not disclose Confidential Information to any third party, except as approved in writing by us, and (ii) use the Confidential Information for no purpose other than internal evaluation and beta testing the Service. In the event that you are accessing the Service on behalf of or at the direction of an entity, you shall permit access to Confidential Information only to the entity’s employees having a need to know and who have signed confidentiality agreements or are otherwise bound by confidentiality obligations at least as restrictive as those contained herein. “Confidential Information” means all non-public materials and information provided or made available by us to you, including the Feedback and products and services, information regarding technology, know-how, processes, software programs, research, development, financial information, information we provide regarding third parties, and any other information that a reasonable person should understand to be confidential regardless of whether or not such information is marked as “Confidential.”
At the end of the Pilot Test Period, you shall (i) return or destroy any Confidential Information (including all documents, notes, or other tangible or electronic materials referencing or containing any Confidential Information), as directed by us in our sole and absolute discretion and (ii) certify in writing of such return or destruction within 7 calendar days of our election of such return or destruction in accordance with this section.
4. Beta Disclaimer.
The Service is a beta release offering and is not at the level of performance of a commercially available product offering. You acknowledge that the Service is a beta release, is not ready for general commercial release, and may contain bugs, errors, or defects. The Service may not operate correctly and may be substantially modified prior to first commercial release, or, at our option, may not be released commercially in the future.
IN ADDITION TO ANY WARRANTY DISCLAIMER, limitation of liability, or other provisions SET FORTH IN THE TERMS OF SERVICE, THE SERVICE AND RELATED DOCUMENTATION ARE PROVIDED “AS IS” WITHOUT WARRANTY OF ANY KIND, AND WE AND OUR LICENSORS DISCLAIM ALL WARRANTIES, EXPRESS, IMPLIED, OR STATUTORY, INCLUDING WITHOUT LIMITATION ANY IMPLIED WARRANTIES OF TITLE, NON-INFRINGEMENT OF THIRD-PARTY RIGHTS, MERCHANTABILITY, OR FITNESS FOR A PARTICULAR PURPOSE. NO ORAL OR WRITTEN ADVICE OR CONSULTATION GIVEN BY US, OUR AGENTS, OR OUR EMPLOYEES WILL IN ANY WAY GIVE RISE TO A WARRANTY. THE ENTIRE RISK ARISING OUT OF THE USE OR PERFORMANCE OF THE SERVICE REMAINS WITH YOU. YOU acknowledge and agree that the purpose of the license GRANTED HEREUNDER is to obtain FEEDBACK about the service, including the identification and reporting of bugs, glitches, or other defects.
You fully understand the foregoing and are advised to, and agree to, use caution in connection with pre-release, beta versions of the Service, including without limitation safeguarding important data, taking precautions against possible problems or damages resulting from use of pre-release, beta versions of the Service, and not relying on the correct functioning or performance of pre-release, beta versions of the Service.