These Cloud Preview Terms and Conditions (these “Terms”) supplement the Cloud Services Agreement or other agreement for the Cloud Services (collectively, the “CSA”) with respect to Customer’s use and PingCAP’s delivery of any features, services or technologies that are not yet generally available, including but not limited to those specified by PingCAP as “beta”, “preview” or “pre-release” (collectively, “Previews”). Capitalized terms not defined in these Terms shall have the meanings given to them in the CSA. In the event of any conflict between these Terms and the CSA, these Terms shall prevail in connection with the Previews.
- PingCAP reserves the right to discontinue, terminate, suspend, or change Previews at any time without notice. After suspension or termination of Previews, access to or use of any Previews for any reason, Customer Content used in the applicable Preview may be deleted or rendered inaccessible. Use of Previews may incur fees under the CSA for Cloud Services and/or additional new fees based on the Preview features or functionality. PingCAP will inform Customer of any new fees associated with Previews.
- Customer may use Previews solely for internal evaluation purposes. Notwithstanding anything to the contrary in the CSA, Previews are excluded from the scope of PingCAP’s support, service level, compliance, or privacy commitments. Customer shall not use any Previews to process any personal data subject to any legal or regulatory requirements. Any information pertaining to Previews shall be deemed the Confidential Information of PingCAP unless it is or has become part of the public domain.
- WITHOUT LIMITING ANY DISCLAIMERS IN THESE TERMS OR THE CSA, PREVIEWS ARE NOT READY FOR GENERAL COMMERCIAL RELEASE AND MAY CONTAIN BUGS, ERRORS, DEFECTS, OR HARMFUL COMPONENTS. ACCORDINGLY, AND NOTWITHSTANDING ANYTHING TO THE CONTRARY IN THESE TERMS OR THE CSA, (a) PREVIEWS ARE PROVIDED ON AN “AS IS” AND “AS-AVAILABLE” BASIS. PINGCAP MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE, AND SPECIFICALLY DISCLAIMS ALL IMPLIED WARRANTIES, INCLUDING THE IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, SATISFACTORY QUALITY, FITNESS FOR A PARTICULAR PURPOSE, ACCURACY, AND NON-INFRINGEMENT OF THIRD PARTY’S RIGHTS, AND ANY WARRANTIES THAT MAY ARISE FROM COURSE OF DEALING, COURSE OF PERFORMANCE, OR USAGE OF TRADE. CUSTOMER’S ACCESS TO AND/OR USE OF PREVIEWS IS AT CUSTOMER’S SOLE RISK.
- EXCEPT TO THE EXTENT THE FOLLOWING LIMITATION OF LIABILITY IS PROHIBITED BY LAW, PINGCAP’S TOTAL LIABILITY TO CUSTOMER ARISING OUT OF OR RELATED TO THESE TERMS SHALL BE LIMITED TO DIRECT DAMAGES SUSTAINED BY CUSTOMER UP TO A MAXIMUM AMOUNT OF FIVE HUNDRED DOLLARS ($500.00). WITHOUT LIMITING THE FOREGOING, NEITHER PINGCAP NOR ANY OF ITS LICENSORS SHALL BE LIABLE TO CUSTOMER FOR PERSONAL INJURY, OR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, PUNITIVE, OR OTHER DAMAGES, OR FOR DAMAGES FOR LOSS OR INTERRUPTION OF BUSINESS, LOSS OF DATA, LOSS OF GOODWILL, OR LOST PROFITS, UNDER ANY THEORY OF LIABILITY, INCLUDING CONTRACT, NEGLIGENCE, STRICT LIABILITY, OR OTHER THEORY ARISING OUT OF OR RELATING IN ANY WAY TO THESE TERMS, EVEN IF PINGCAP HAS BEEN ADVISED OF THE RISK OF SUCH DAMAGES.