Without overriding any express provisions that you may have agreed to in a separate written beta or pre-release agreement executed by you and New Relic, the following terms apply to your use of any New Relic Pre-Release Service(s).
Through your use of any New Relic, Inc. (“New Relic”) Pre-Release Services (as further defined), you signify that you have read, understood, and accept the terms of this Pre-Release Policy (the “Policy”) governing your use and participation in New Relic’s program for making beta, alpha, and pre-release versions of New Relic software (i.e. agents, SDKs, APIs, integrations, private locations, code, etc.), services, features, user-interfaces, and platforms made available for evaluation purposes (the “Pre-Release Service(s)”). Pre-Release Service(s) may also be designated as a pilot, limited release, preview, developer preview, technology preview, limited preview, public preview, non-production, evaluation, or by a similar description. This Policy is effective on behalf of yourself or the entity(ies) associated with your New Relic account (collectively referred to herein as “you” or “your”) as of your date of first use of the Pre-Release Service(s) (the “Effective Date”), which means that your choice to use the Pre-Release Service(s) means that you have the legal authority to use the Pre-Release Service(s) personally or on behalf of the company or organization associated with your New Relic account in accordance with this Policy. Please read this Policy carefully as your use of Pre-Release Service(s) may have unintended consequences and materially impact your data or use of the New Relic services and products. If you do not agree to this Policy, your sole remedy is to not make use of the Pre-Release Services.
This Policy and any New Relic technical guides and documentation made available with the Pre-Release Service(s) or from the dedicated ‘Documentation’ page of the New Relic website (the “Documentation”) enables you to test experimental features and products before they are made generally available. New Relic reserves the right to withhold or discontinue any Pre-Release Service(s) in its sole discretion and provides no guarantee that any Pre-Release Service(s) will eventually be made commercially or generally available.
Pre-Release Service(s) are versions provided before they are generally available and may have bugs, stability issues, or other problems. Use of the Pre-Release Service(s) may result in unexpected results, loss of data, outages, or other damage to your systems or networks. New Relic advises against using the Pre-Release Service(s) in production. No support is offered with or for Pre-Release Service(s). You hereby release New Relic from any liability arising from or related to your use of the Pre-Release Service(s).
In connection with your use of the Pre-Release Services, you may provide feedback, comments, and/or suggestions based on or relating to the Pre-Release Services (“Feedback”). The Pre-Release Services and any related information, including without limitation features, functionality, designs, user interface, capabilities, specifications, architectural diagrams, usage data, APIs, deployment schedules, email lists, bug databases, know how, source code, potential features, Feedback, and information related to any business or technical information of New Relic, including without limitation product plans, costs, prices, finances, marketing plans, business opportunities, research, development, and negotiations are considered confidential information of New Relic (“Confidential Information”).
2.1 Evaluation License. Subject to your compliance with the Policy, New Relic hereby grants you a limited, non-exclusive, non-transferable, revocable license, during the term of this Policy, to use the Pre-Release Service(s) in accordance with the Documentation solely for the purpose of internal evaluation and supplying Feedback to New Relic.
2.2 License Restrictions. You may not (and may not authorize or enable a third party to): (i) reverse engineer, decompile, disassemble, or otherwise attempt to discover the source code or other trade secrets in the Pre-Release Service(s); (ii) access the Pre-Release Service(s) in order to build a similar or competitive application, service, feature or other competitive purpose; (iii) remove or destroy any copyright notices or other proprietary marks contained on or in the Pre-Release Service(s); (iv) use the Pre-Release Service(s) for any benchmarking purposes or in connection with a service bureau, timeshare, service provider, or like activity where you operate the Pre-Release Service(s) on behalf of a third party; (v) mirror, frame, copy, modify, host, rent, lease, sell, commercialize, sublicense, assign or otherwise transfer the Pre-Release Service(s), or the access or use of the Pre-Release Service(s); (vi) use the Pre-Release Service(s) in a manner that may violate or infringe the intellectual property, data protection, or other proprietary right of a third party; (vii) use or access the Pre-Release Service(s) in an unauthorized manner and/or in a manner that violates any applicable law, rule, contract, or guideline (including but not limited to our Documentation or Community Guidelines); (viii) use the Pre-Release Service(s) to transmit worms, viruses, malicious code, security vulnerabilities, or otherwise negatively impact network operations, third parties, or New Relic; (ix) use any data mining or similar data gathering and extraction methods in connection with the Pre-Release Service(s); or (x) use the Pre-Release Service(s) to process sensitive personal information, e.g., “personal information” of children as defined by the Children’s Online Privacy Protection Act, “protected health information” as defined by the Health Insurance Portability and Accountability Act of 1996, government issued identification numbers, financial account information, payment card data, “special categories of data” as described in the EU General Data Protection Regulation (GDPR), or other information subject to regulatory, statutory, or contractual restrictions. New Relic reserves the right, but not the obligation, to monitor or review your use of the Pre-Release Service(s) at any time and may investigate any suspected violations of this Policy.
2.3 Intellectual Property Rights. You acknowledge and agree that, as between you and New Relic, New Relic owns all right, title, and interest in and to the Pre-Release Service(s), Confidential Information, and Feedback, including but not limited to all intellectual property and proprietary rights therein. New Relic and its licensors reserve all rights and licenses not expressly granted herein.
2.4 Feedback. You acknowledge and agree that all Feedback will be the sole and exclusive property of New Relic. You hereby irrevocably transfer and assign to New Relic all right, title, and interest in all Feedback, including but not limited to all intellectual property and proprietary rights therein.
You will not use or disclose any Confidential Information, except as necessary for the performance of this Policy, and you will use reasonable efforts to protect Confidential Information from unauthorized use or disclosure. You may disclose Confidential Information only to those employees with a bona fide need to know, provided that each employee has signed a written agreement with nondisclosure restrictions at least as protective of the Confidential Information as those set forth herein. For the purposes of this section, information will not be deemed Confidential Information if it: (a) is or becomes generally known to the public through no fault or breach of this Policy; (b) is rightfully known by you at the time of disclosure without an obligation of confidentiality; (c) is independently developed by you without access to or use of the Confidential Information; or (d) is rightfully obtained by you from a third party without restriction on use or disclosure. Upon New Relic’s request, you agree to destroy all Confidential Information in your possession within 30 days of termination of this Policy.
4.1 Acknowledgement of Pre-Release Service(s). You acknowledge and agree that: (a) the Pre-Release Service(s) is not an official product and has not been commercially released for sale by New Relic; (b) the Pre-Release Service(s) may not operate properly, be in final form, or fully function; (c) the Pre-Release Service(s) may contain errors, design flaws, security vulnerabilities, or other problems; (d) it may not be possible to make the Pre-Release Service(s) fully functional or secure; (e) the information obtained using the Pre-Release Service(s) may not be accurate; (f) use of the Pre-Release Service(s) may result in unexpected results, vulnerabilities, loss of data, project delays, or other unpredictable damage or loss, including without limitation to your use of New Relic services and products not governed by this Policy (collectively “Unintended Effects”); (g) New Relic is under no obligation to release a commercial or generally available version of the Pre-Release Service(s); (h) New Relic has the right unilaterally to abandon development of the Pre-Release Service(s) at any time and without any obligation or liability to you; and (i) if you are on New Relic’s usage-based pricing plan, then your configuration and use of a Pre-Release Service(s) may increase the bill for the applicable New Relic account(s) and is payable to New Relic at the rate described in your Order.
4.2 Your Data. You acknowledge and agree that you should not rely on the Pre-Release Service(s) for any reason. You further acknowledge and agree that you are solely responsible for maintaining and protecting all data and information that is stored, retrieved, or otherwise processed by the Pre-Release Service(s) in accordance with your contractual obligations and requirements under applicable law. Without limiting the foregoing, you are responsible for all costs and expenses required to backup and restore any data and information that is lost or corrupted as a result of your use of the Pre-Release Service(s) or any Unintended Effects. You understand and agree that your Data may be transferred to the United States for storage, processing, and use by New Relic to provide the Pre-Release Service(s). For any data that you process using the Pre-Release Service(s), you represent and warrant that you have all necessary rights and consent to do so. New Relic has no obligation to store any data you process using the Pre-Release Service(s) and shall have no liability for the deletion or accuracy of such data.
4.3 Warranty Disclaimers. YOU ACKNOWLEDGE THAT PRE-RELEASE SERVICE(S) ARE PROVIDED “AS IS.” TO THE EXTENT PERMITTED BY APPLICABLE LAW, NEW RELIC DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES REGARDING MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, SECURITY, AND ANY WARRANTIES ARISING OUT OF THE COURSE OF DEALING OR USAGE OF TRADE. NEW RELIC MAKES NO WARRANTY THAT PRE-RELEASE SERVICE(S) WILL MEET YOUR REQUIREMENTS OR WILL BE ACCURATE, RELIABLE, ERROR-FREE, UNINTERRUPTED, TIMELY, OR SECURE. YOUR USE OF PRE-RELEASE SERVICE(S) IS AT YOUR OWN RISK.
4.4 Modifications. New Relic may change the Policy from time to time as our business changes and technology evolves, and future versions of our generally available services may not be compatible with Pre-Release Service(s) built using previous versions. The most current version of this Policy will be posted in the Documentation. Any changes to this Policy will be effective immediately for all users in instances to comply with applicable law, for new users of a Pre-Release Service(s) and, for all other users, any changes to this Policy will be effective as of fifteen (15) days after posting notice of such changes. If we determine in our sole discretion that an update is material, we will provide notice of such material change to you through your New Relic account, the Pre-Release Service(s), the Documentation, our blogs or community forums, and/or by email to the email address of your account administrator. We may require you to provide consent to the updated Policy in a specified manner before further use of the Pre-Release Service(s) is permitted. If you do not agree to any change(s), your sole remedy is to stop using the Pre-Release Service(s) and any such termination by you shall be without penalty except as specified in this Policy. Otherwise, your use of any Pre-Release Service(s) after any such update shall constitute acceptance of the then-current Policy.
TO THE EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL NEW RELIC, ITS AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, SUPPLIERS OR LICENSORS BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE, EXEMPLARY OR CONSEQUENTIAL (INCLUDING LOSS OF USE, DATA, BUSINESS, OR PROFITS) DAMAGES, REGARDLESS OF LEGAL THEORY, WHETHER OR NOT NEW RELIC HAS BEEN WARNED OF THE POSSIBILITY OF SUCH DAMAGES, AND EVEN IF A REMEDY FAILS OF ITS ESSENTIAL PURPOSE. NEW RELIC’S AGGREGATE LIABILITY FOR ALL CLAIMS RELATING TO THIS POLICY, THE PRE-RELEASE SERVICES, OR ANY UNINTENDED EFFECTS WILL BE LIMITED TO FIFTY U.S. DOLLARS (U.S. $50). THE LIMITATIONS OF DAMAGES SET FORTH ABOVE ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN NEW RELIC AND YOU.
You agree to indemnify and hold New Relic, its parents, subsidiaries, affiliates, officers, agents, employees, and licensors harmless from any claims, fees, fines, demands, losses, liabilities, damages, and costs, including reasonable attorney’s fees, arising from or related to your use of the Pre-Release Service(s), including but not limited to allegations arising from your breach of any terms herein and/or allegations that data processed by the Pre-Release Service(s) violates or infringes the privacy, data protection, or intellectual property rights of a third party.
You acknowledge that the software in the Pre-Release Service(s) licensed hereunder may be subject to the export control laws and regulations of the U.S. and other countries. You agree that you will not export or re-export the Pre-Release Service(s), any part thereof, or any process or service that is the direct product of the Pre-Release Service(s) to any country, person or entity subject to U.S. export restrictions.
Your access to the Pre-Release Service(s) will terminate upon the earliest of: (i) New Relic making the Pre-Release Service(s) or a successor version of the Pre-Release Service(s) generally available or available for commercial release; (ii) New Relic ceasing to make the Pre-Release Service(s) available to you; or (iii) New Relic terminating this Policy. New Relic may terminate this Policy for any reason upon notice to you. Sections 2.2, 2.3, 2.4, 3, 4, 5, 6, and 7 will survive your use of the Pre-Release Service(s).