8x8 Beta Services
Terms of Use
Updated November 5, 2017
These 8x8 Beta Services Terms of Use (“Beta Terms”) govern your access to and use of new or modified Services, or features or functionalities of existing Services, including software applications, provided by 8x8, Inc. or its affiliates (“8x8”) which are designated as beta, pilot, limited release, developer preview, non-production, evaluation or by a similar description (“Beta Service(s)”). IF YOU DO NOT AGREE TO THESE BETA TERMS, THEN DO NOT ACCESS OR USE, OR AUTHORIZE ANYONE TO ACCESS OR USE, THE BETA SERVICE.
1. RESTRICTIONS. Access to and use of the Beta Service is subject to all restrictions, limitations and qualifications applying to use of “Services” under the applicable 8x8 Business Terms and Conditions (located at https://www.8x8.com/terms-and-conditions/business-terms for customers of 8x8 Inc., or https://www.8x8.com/uk/terms-and-conditions/ for customers of 8x8 UK Limted (each applicable Terms and Conditions is herein referred to as “Terms and Conditions”), including but not limited to Section 10 (Use Restrictions and Customer Responsibilities), unless your use of “Services” is pursuant to a Service Agreement, in which case any access to and use of the Beta Service is subject to all restrictions, limitations and qualifications in the applicable Service Agreement. You may use the Beta Service solely for testing and evaluation in accordance with their intended purpose and, subject to customary mobile use, primarily at the location set forth in the beta letter provided by 8x8, if applicable. You shall not permit anyone other than an employee, contractor or other representative authorized by the customer with which 8x8 is contracted to provide the Services (“Customer”) to use the Beta Service.
2. NO WARRANTY; LIMITATION OF LIABILITY. THE BETA SERVICE IS PROVIDED “AS IS” and is not a “Service” under the Terms and Conditions or, if applicable, Service Agreement for purposes of any representation, warranty, commitment or agreement of 8x8. 8X8 EXPRESSLY DISCLAIMS ALL REPRESENTATIONS AND WARRANTIES, EXPRESS AND IMPLIED, WITH RESPECT TO THE BETA SERVICE, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NONINFRINGEMENT. Absent 8x8’s gross negligence or willful misconduct, 8x8 shall have no liability for any direct, indirect, special or consequential damages, losses or claims arising from the use of or inability to use the Beta Service, even if advised of such possibility.
3. CONFIDENTIALITY. During the term of your access to the Beta Service and for a period of at least three (3) years thereafter, you shall keep all information concerning the Beta Service (the “Confidential Information”) confidential and agree (a) not to make any disclosure of Confidential Information to any third party except with 8x8’s written consent; (b) not to use Confidential Information except for the purpose contemplated by these Beta Terms; and (c) to protect Confidential Information with the same degree of care as Customer uses to protect its own Confidential Information against public disclosure, and in any event no less than reasonable care. The obligations set forth in Section 3 shall not apply to any Confidential Information (i) that 8x8 releases to the general public or that otherwise enters the public domain through no fault of Customer or (ii) that is required to be disclosed pursuant to a subpoena, court order or other lawful process.
4.TERM AND TERMINATION. These Beta Terms shall remain in effect until the expiration or termination of the applicable beta testing period for the Beta Service; provided, that these Beta Terms may be terminated at any time with or without cause. For avoidance of doubt, 8x8 may discontinue the Beta Service at any time and has no obligation to make the Beta Service available in general release. Upon termination of these Beta Terms or the applicable beta testing period, you shall immediately cease accessing and using the Beta Service.
5. FEEDBACK. You hereby assign to 8x8 all right, title and interest (including intellectual property rights) in and to any improvement, suggestion, correction or feedback, and enhancements thereon, (collectively, “Feedback”) you provide relating to the Beta Service. You acknowledge and agree that 8x8 shall be free to use any Feedback for any purpose (commercial or otherwise) without compensation to you or anyone else.
6. MISCELLANEOUS. The Beta Terms shall be governed by the laws of the State of California, without regard to choice or conflicts of law rules. The Beta Terms constitute the complete and exclusive statement of the agreement of the parties with respect to, and supersedes all prior oral and written communication related to, its subject matter.
