Beta and Trial Terms

These Beta and Trial Terms ("Beta Services Terms") supplement the Articulate Online Terms of Service or your negotiated Services Agreement with Articulate Global, LLC ("Agreement"). By using Beta Services or Free Trials, you agree to these terms. In the event of any conflict between these Beta Services Terms and the Agreement or an Order Form, these Beta Services Terms prevail. Articulate may modify these Beta Services Terms at any time by posting an updated version. Your use of Beta Services constitutes acceptance of modifications.

1. License and Usage

Articulate grants you a limited, revocable, non-exclusive license to use Beta Services (pre-release features designated as "alpha," "beta," "preview," "early access," "experimental," “labs,” or similar) and Free Trials (a one-time limited period offering to sample Services without charge) solely for internal evaluation purposes. Any service level agreements or support policies do not apply. Articulate may modify, suspend, or terminate your access at any time in its sole discretion without notice or liability.

2. Confidentiality and Feedback

Beta Services are Articulate's Confidential Information. You may not disclose any information about them to third parties without Articulate's prior written consent. Articulate owns all Feedback you provide on Beta Services and may use it for any purpose without restriction or payment.

3. Data

Articulate has no obligation to preserve, maintain, or return any Customer Content you submit to Beta Services or create during Free Trials. You are solely responsible for exporting any Customer Content you wish to retain.

4. Disclaimers

NO WARRANTIES. BETA SERVICES AND FREE TRIALS ARE PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT ANY WARRANTIES OF ANY KIND. BETA SERVICES ARE NOT READY FOR GENERAL COMMERCIAL RELEASE. EXCEPT TO THE EXTENT PROHIBITED BY LAW, ARTICULATE DISCLAIMS ALL WARRANTIES, INCLUDING MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. ARTICULATE DOES NOT WARRANT THAT BETA SERVICES WILL BECOME GENERALLY AVAILABLE, WILL BE UNINTERRUPTED, ERROR-FREE, OR WILL MEET YOUR REQUIREMENTS. 

NO INDEMNIFICATION. ARTICULATE WILL HAVE NO INDEMNIFICATION OBLIGATIONS OF ANY KIND WITH RESPECT TO BETA SERVICES OR FREE TRIALS. 

LIABILITY CAP. ARTICULATE'S TOTAL LIABILITY FOR ALL CLAIMS ARISING FROM BETA SERVICES OR FREE TRIALS SHALL NOT EXCEED US$100.00. ARTICULATE WILL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES ARISING FROM YOUR USE OF BETA SERVICES OR FREE TRIALS.