Online Preview Agreement
Thank you for your interest in a Cedita Online Preview. This Preview Agreement applies to any online product or service released by Cedita that is marked as Preview, Pre-Release, Beta, or is otherwise not Generally Available (GA) (collectively the "Preview").
Effective: December 2020
Thank you for your interest in a Cedita Online Preview. This Preview Agreement applies to any online product or service released by Cedita that is marked as Preview, Pre-Release, Beta, or is otherwise not Generally Available (GA) (collectively the "Preview").
Software in this state gives you the opportunity to use experimental and pre-release products for free, and with the sole purpose of being able to provide Cedita with feedback, and additional diagnostic information, so that we can focus on improving this product for everyone by time we're ready for release.
Before signing up to any Preview, please carefully review all of the terms which create a legal agreement between you and Cedita, Inc. (or, based on where you live, or if a business, where your principal place of business is located, one of its subsidiaries or affiliates) and governs your participation in the Preview that, once accepted by you, applies to you. If you specify a company name on sign up, this means that you enter in to this Agreement on behalf of that organisation or company and that you have the legal authority to bind that entity.
Preview Participation
You volunteer to participate in a Preview with the knowledge that the purpose of this Preview is to access, use, and provide us with feedback relating to experimental, preview, beta, or other early pre-release software made available to you, including related documentation, materials, and information such as webpages, emails, content, feedback, and any other related services (collectively the "Services"), for the purpose of providing Cedita with useful information about your experience with the Services.
- You understand that by using the Services you may experience data loss and errors. By participating, you acknowledge that it is your responsibility to make appropriate backups or copies of the data to be able to restore it in the event of data loss.
- Your participation in a Preview is voluntary, and as such there is no compensation for your participation. Your participation does not create a legal partnership, agency, or employment relationship between you and Cedita.
- Your participation in a Preview does not obligate Cedita to provide you with the Services.
- You agree not to decompile, reverse engineer, disassemble, decrypt, or otherwise attempt to derive the source code of any of the Services.
The Services
The Services that you use may substantially differ from any commercially released version, either historic or in the future. The Services may contain more errors or inaccuracies, and as such you should not rely on them in business critical or production environments because you are more likely to experience crashes, setting and policy changes, loss of data or connected services, feature and functionality changes, cause third party services to stop working, be updated, or removed from the Services automatically without notice, and other potential issues.
- Experimental The Services are experimental and either be promoted to Generally Available or discontinued at any time without notice, at which point the Services and any data contained within may become unavailable. The Services may not have included, reduced, or different security, privacy, accessibility, and reliability standards relative to commercially provided services or software.
- Updates The Services provided will be updated more frequently than Generally Available software, and as a result some features may be removed or may stop working once enough data of their evaluation has been collected. Some third party apps that may be linked to the Services may also not work, may stop working, or may automatically be deleted by the Services.
- Documentation The Services may or may not be provided with documentation of any type, and Cedita is not obligated to provide any form of Documentation relating to the Services or Preview. Where Documentation is provided, it is done so for reference purposes only, and is not guaranteed to be up-to-date, or able to be relied upon. Any Documentation does not vary the terms contained within this Agreement.
- Support There is no support obligation on Cedita for the Services.
- Your Feedback The Preview is provided in order to collect feedback and data relating to the Services, inclusive of what you like, dislike, and would like to change within the Services. When you provide us with this Feedback, you grant Cedita and its partners rights to use the Feedback in any way and for any purpose. There is no obligation for such feedback to receive a response from Cedita, and you acknowledge that any feedback may be made public at any time and without notice.
Data Collection
You acknowledge that the Services within any Preview may automatically collect additional data than a Generally Available Service would, in order to help us improve our products and services. Cedita are thus collecting, using, storing, processing, and analysing diagnostic, technical, error reports, usage and other related data from your devices from which you access the Services.
Data collected may include your personal information. We use this information to communicate with you, as described below. We may also share certain data collected in connection with the Preview with third parties. For example, we may share data about your usage of a third-party software integration with the Services with the developer to enable them to improve how their system works with Cedita products and services. Our Privacy Policy and these paragraphs under "Data Collection" applies to the data collected, used, and shared in connection with the Preview.
Communications
We may use your contact information to (i) communicate with you about your use of the Preview, and (ii) provide you with additional information about the Preview and other Cedita products or services. This contact may be by email, SMS, instance message, web chat, phone, in the user interface, or other means, and may include offers. You can always change your settings regarding promotional communications from Cedita in your Cedita Account.
Transference, Termination
You may not transfer or share your access to the Preview and Services contained within, or any related documentations or materials you receive from Cedita as part of your participation in the Preview, unless otherwise agreed or permitted by Cedita.
Should you no longer wish to participate in the Preview, there may be a control within the Services that allows you to disable your participation in which case this control should be used as a means to terminate this agreement with us and revoke your access to the Preview. Where such control is unavailable, you should contact Cedita Support for more information on how to voluntarily terminate your participation.
Cedita reserves the right to terminate your access to any or all of the Preview at any time, without notice, for any reason whatsoever. Termination of your access to the Preview will result in any data held within the Services to be securely deleted, and you must delete any copies of content or other materials provided as part of the Preview. Further clauses in this Agreement will survive termination of this Agreement.
Additional Terms
The following additional terms also apply to the Preview. To the extent that any additional terms conflict with this Agreement, this Agreement will control.
- Online Services / Subscription Agreement Any Agreements for the Services or any other software applications provided under the Preview will apply for those specific products or services.
- Third Party Terms The Preview may include third-party programs that are subject to their own terms on an individual basis, for example integrations that are made available within the Services. Where this is true, you are subject to the license terms of the third-party, not Cedita, however this Agreement and any warranties contained within shall prevail whilst the third-party service is used within the context of the Preview.
Notices
Cedita may have patents, patent applications, trademarks, copyrights or other intellectual property rights covering subject matter in the Preview. Except as expressly provided in any written license agreement from Cedita, your acceptance of this Agreement nor use of the Preview gives you any right, title, or interest in this intellectual property. This notice includes not only the Services, but any Documentation, or other material provided to you as part of the Preview.
Cedita provide this Preview, alongside its affiliates, resellers, distributors, vendors and partners, all of which make no warranties, express or implied, guarantees or conditions with respect to the Services or your participation in the Preview. This expressly includes, but is not limited to, the implied warranties of merchantability and fitness for a particular purpose. Your use of the Preview is at your own risk, and the Services are provided on an "as is" basis "with all faults" and "as available" to the extent permitted by law. You bear the entire risk of using the Program. Should you have any basis for recovering damages related to the Preview, you agree that your exclusive remedy is to recover, from Cedita or any affiliates, resellers, distributors, third-party app and service providers, partners, and vendors, direct damages up to the amount you paid for the Preview (or up to $5.00 USD if you acquired the Preview for no charge). You cannot recover any other damages or losses, including direct, consequential, lost profits, special, indirect, incidental or punitive damages. These limitations and exclusions apply even if this remedy does not fully compensate you for any losses or fails of its essential purpose or if we knew or should have known about the possibility of damages. To the maximum extent permitted by law, these limitations and exclusions apply to anything or any claims related to the Preview or your participation in the Preview.
Updates to this Agreement
This Agreement may be updated from time to time. These updates may be notified to you through the Services, in an email notification, or through other reasonable methods. Your participation in the Preview after the date that the changes to this Agreement become effective will be your consent to the changed terms. If you do not agree to the changes, you must stop using the Preview (see "Termination").
When we post changes to this Agreement, the "Effective" and / or "Last Updated" date at the top of the Agreement will be updated. Furthermore, changes to our legal policies are documented on our Policy History page.
Applicable Law
The laws of the state or country where you live (or if a business, where your principal place of business is located) govern all claims and disputes concerning the Preview and Services, your participation in this Preview, and this Agreement, including breach of contract claims and claims under consumer protection laws, unfair competition laws, implied warranty laws, for unjust enrichment, and in tort, regardless of conflict of laws principles.