Last updated 29 October 2024.
BY ENTERING INTO AN ORDER OR OTHER AGREEMENT WHICH INCORPORATES OR REFERENCES THIS AGREEMENT, BY CLICKING TO ACCEPT THIS AGREEMENT OR ACCESSING OR USING ANY GWI SERVICES, YOU ARE ACCEPTING ALL OF THE TERMS AND CONDITIONS OF THIS AGREEMENT. THIS AGREEMENT IS LEGALLY BINDING. IF YOU DO NOT AGREE TO THIS AGREEMENT, YOU MUST NOT USE ANY SERVICES.
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SCOPE AND INTERPRETATION
- These Preview Product Specific Terms supplement the Main T&Cs under which GWI offers preview (including alpha and beta testing) or other pre-release features, services, software as determined by GWI at its sole discretion (“Previews”, each a “Preview”).
- GWI will notify you of available Previews, which may be provided through the release notes, and will identify any instructions or documentation required to support use.
- These Preview Product Specific Terms may be updated by GWI from time to time upon notice (which will be provided by posting an updated version of these terms).
- Defined terms shall have the meaning set out in these Preview Product Specific Terms. Any terms used but not defined below shall have the meaning as set out in the Main T&Cs.
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LICENSE
- Notwithstanding clause 2 of the Main T&Cs, you may use Previews solely for internal product evaluation purposes. You acknowledge and agree that non-public information about a Preview is Confidential Information of GWI.
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SUBSCRIPTION PERIOD
- The Subscription Period for Previews shall commence on the date a Preview is made available and will continue until GWI terminates access, withdraws the Preview or such other date determined by GWI at its sole discretion (“Subscription Period”). GWI may change or discontinue Previews, without liability to you, at any time without notice. GWI also may choose not to make a Preview generally available.
- DISCLAIMERS AND LIABILITY
- IN ADDITION TO CLAUSE 12 IN THE MAIN T&CS, YOU ACKNOWLEDGE AND AGREE THAT PREVIEWS ARE NOT READY FOR PRODUCTION AND MAY CONTAIN BUGS, ERRORS, DEFECTS OR HARMFUL COMPONENTS OR INACCURATE DATA. PREVIEWS ARE PROVIDED BY GWI ON AN “AS IS” BASIS AND AS AVAILABLE, AND YOUR ACCESS TO AND/OR USE OF PREVIEWS IS AT YOUR SOLE RISK. TO THE EXTENT PERMITTED BY APPLICABLE LAW, GWI EXPRESSLY DISCLAIMS ALL AND YOU WILL RECEIVE NO WARRANTIES AND CONDITIONS OF ANY KIND FOR PREVIEWS, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THOSE OF SATISFACTORY QUALITY, TITLE, AND NON-INFRINGEMENT. NO INFORMATION OR ADVICE, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM GWI OR THROUGH THE PREVIEWS SHALL CREATE ANY WARRANTY NOT EXPRESSLY MADE IN THE PREVIEW TERMS.
- Previews are excluded from GWI’s service level obligations, security, compliance and privacy commitments. You shall not use Previews to process Personal Data or other data that is subject to any compliance or legal requirements.
- LIMITATION ON LIABILITY
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NOTWITHSTANDING CLAUSE 12.6 OF THE MAIN T&CS, TO THE FULLEST EXTENT PERMITTED BY LAW, OUR TOTAL AGGREGATE LIABILITY IN CONTRACT, TORT (INCLUDING WITHOUT LIMITATION NEGLIGENCE OR BREACH OF STATUTORY DUTY HOWSOEVER ARISING), MISREPRESENTATION (WHETHER INNOCENT OR NEGLIGENT), RESTITUTION OR OTHERWISE, ARISING IN OUT OF OR IN CONNECTION WITH THE PERFORMANCE (OR NON-PERFORMANCE) OF THE PREVIEW SERVICES BE LIMITED TO £200 (TWO HUNDRED GBP).
- AI TECHNOLOGIES
- You acknowledge that some Previews may utilize AI Technologies (“AI Features”), to which you may submit data or other inputs to (“AI Inputs”) and from which you may receive outputs (“AI Outputs”).
- The AI Features are not designed or intended to be used with Personal Data, Confidential Information or any other commercially sensitive data (“Excluded AI Data”) and you undertake not to provide any AI Inputs which contain Excluded AI Data.
- GWI may use any AI Inputs and AI Outputs to train or otherwise improve the AI Features, but only if such AI Inputs and AI Outputs do not include Excluded AI Data.
- Except for our express rights in this Agreement, you retain all intellectual property and other rights in the AI Inputs.
- GWI owns all intellectual property and other rights in the AI Outputs. GWI authorizes you to use the AI Outputs subject to the terms of this Agreement. You will ensure that you do not use AI Outputs for commercial or production purposes or disclose to a third party.
- GENERAL
- Obligations by their nature intended to survive termination of this Agreement shall survive including clauses 2, 4, 5 and 6.