These Alibaba Cloud Beta Testing Terms (as published from time to time on the Alibaba Cloud Platform) (the “Terms”) set forth the terms and conditions governing your access and use of beta, evaluation or pre-release versions of Alibaba Cloud products and software made available through the Alibaba Cloud Platform to selected users (“Beta Product”). The Beta Product is provided to you on the condition that you agree to these Terms, which supplement your agreements governing use of the Alibaba Cloud Platform.
Terms not defined herein shall have the same meaning assigned to them in the Membership Agreement.
1.1 We grant to you a limited, non-exclusive, non-transferable, non-sublicensable license to use the Beta Product (including any related documentation) solely for the purposes of internal testing, research and evaluation. You shall not modify, disassemble, decompile, reverse engineer, rent, lease, loan, transfer, or make copies of the Beta Product.
1.2 All rights, title, and interest in and to the Beta Product and associated documentation, including any improvements, modifications, and enhancements made thereto, are and shall remain in Alibaba Cloud. Except for those rights expressly granted herein, no other rights are granted, either express or implied, to you hereby.
1.3 You must comply with all policies and guidelines related to any Beta Product or Beta Region as posted on the Alibaba Cloud Platform or otherwise made available to you. We may add or modify restrictions, including lowering or raising any usage limits, related to access to or use of any Beta Product at any time. If requested by us, you will promptly increase or decrease your usage of the applicable Beta Product to the levels that we may specify.
2.1 You agree to provide feedback to us concerning the functionality and performance of the Beta Product from time to time as reasonably requested by us, including, without limitation, identifying potential errors and improvements (“Feedback”). We shall own all Intellectual Property Rights in such Feedback and may use the same for any purposes (including to improve or enhance our products). You shall not use any Feedback except for your internal evaluation purposes of the Beta Product.
2.2 You warrant that the Feedback does not infringe any Intellectual Property Rights (including patents, copyright or trade secrets) of any third party. You further warrant that your Feedback is not subject to any license terms that would purport to require us to comply with any additional obligations with respect to any of our products or services that incorporates your Feedback.
3.1 You acknowledge that we, our affiliates and/or third party service providers may obtain information and data from you in connection with your registration, installation, and use of the Beta Product. We may also collect and process technical and related environmental or performance information about your use of the Beta Product (which may include, without limitation, number of unique user log-ins, Internet protocol addresses, operating system, configuration information, application software, session duration, page view, operational use, and other such information) and use this information to support and troubleshoot issues, provide updates, analyse trends and improve our products or services.
4. Disclaimers and Limitation of Liability
4.1 THE BETA PRODUCT MAY CONTAIN ERRORS AND IS PROVIDED FOR LIMITED EVALUATION ONLY. BETA PRODUCT IS PROVIDED "AS-IS," "WITH ALL FAULTS," AND "AS AVAILABLE," AND IS EXCLUDED FROM ANY SERVICE LEVEL AGREEMENTS AND LIMITED WARRANTIES APPLICABLE TO OUR COMMERCIAL OFFERINGS. WE SPECIFICALLY DO NOT WARRANT THAT THE BETA PRODUCT WILL MEET YOUR REQUIREMENTS, OR THAT THE OPERATION OR OUTPUT OF THE BETA PRODUCT WILL BE ERROR-FREE, ACCURATE, RELIABLE, COMPLETE OR UNINTERRUPTED.
4.2 Beta Product may not be covered by customer support. We are not responsible for any sort of problems or issues related to your use of Beta Product. Beta Product may be subject to reduced or different security, compliance and privacy commitments, as may be described in any additional notices provided with the Beta Product. Certain named Beta Product may also be subject to additional terms as may be notified to you from time to time. We may change or discontinue Beta Product at any time without notice. We also may choose not to release a Beta Product into general availability. We are not obligated to support, update or upgrade the Beta Product.
4.3 Notwithstanding anything in this Agreement except this Clause 4.3, the aggregate liability of Alibaba Cloud, its employees, agents, affiliates, representatives or anyone acting on its behalf with respect to you for any and all claims arising from or in connection with the Beta Product or the use or inability to use the same shall, if not otherwise excluded or limited, be limited to, in aggregate, the greater of (a) the amount of fees you have paid to Alibaba Cloud or its affiliates for the Beta Product during the calendar year, or (b) USD100. The preceding sentence shall not preclude the requirement by you to prove actual damages. All claims against Alibaba Cloud in respect of any of the matters referenced in this Clause 4.3 must be filed within one (1) year from the date the cause of action arose.
5.1 We may suspend or terminate your access to or use of any Beta Product at any time and for any reason. We may at any time cease providing any or all of any Beta Product in our sole discretion and without notice. Beta Product also may be unavailable and/or their performance may be negatively affected by scheduled and unscheduled maintenance.
5.2 Each individual Beta Product will automatically terminate upon the release of a generally available version of the applicable Beta Product in any region or upon notice of termination by us. Notwithstanding anything to the contrary in these Terms, either you or us may terminate your participation in a Beta Product at any time for any reason upon notice to the other party.
5.3 Notwithstanding anything to the contrary in the Agreement, after the conclusion of your participation in use of a Beta Product for any reason, (a) you will not have any further right to access or use the applicable Beta Product; (b) your content and/or data used in the applicable Beta Product may be deleted or inaccessible; and (c) you will immediately return or, if instructed by us, destroy all materials or any other Confidential Information related to the applicable Beta Product.