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GITHUB NEXT PRE-RELEASE LICENSE TERMS

These GitHub Next pre-release license terms are an agreement between you and GitHub, Inc. (“GitHub”). These terms apply to the pre-release software made available to you by GitHub, in addition to your main agreement with GitHub (together, the “Agreement”). To the extent there is a conflict between this Agreement and the terms in your main agreement with GitHub, these terms govern.

  1. INSTALLATION AND USE RIGHTS.
    1. General. GitHub grants a limited right to use a non-production instance of the software. You may use any number of copies of the software to develop and test your applications, including deployment within your internal corporate network.
    2. Demo Use. The uses permitted above include use of the software in demonstrating your applications.
    3. Third Party Components. The software may include third party components with separate legal notices or governed by other agreements, as may be described in a license file accompanying the software.
    4. Extensions. The software may give you the option to download other GitHub and third party software packages. Any third party software packages are provided for your convenience only, and are governed by any applicable third party agreements. GitHub is not responsible or liable for any third party software.
  2. PRE-RELEASE SOFTWARE. This software is a pre-release version. Pre-release means software, online services, and additional products and features provided for preview, evaluation, demonstration or trial purposes, or pre-release versions of those, such as alpha, beta, or early access. It may not operate correctly, or work the way a final version of the software will. It may delete your data or have bugs. GitHub may change or discontinue it at any time without notice. GitHub may change it for the final, commercial version or may not release a commercial version. GitHub is not obligated to provide maintenance, technical support, or updates to you for the software.
  3. SCOPE OF LICENSE. The software is licensed, not sold. This Agreement only gives you some rights to use the software. GitHub reserves all other rights, including retaining ownership of all aspects of the software and any and all intellectual property rights. Unless applicable law gives you more rights despite this limitation, you may use the software only as expressly permitted in this Agreement. In doing so, you must comply with any technical limitations in the software that only allow you to use it in certain ways. You may not:
    • work around any technical limitations in the software;
    • reverse engineer, decompile or disassemble the software, or otherwise attempt to derive the source code for the software except to the extent required by third party licensing terms governing use of certain open source components that may be included in the software;
    • remove, minimize, block or modify any notices of GitHub or its suppliers in the software;
    • use the software in any way that is against the law or to create or propagate malware;
    • share, publish, rent or lease the software; and/or
    • provide the software as a stand-alone offering or combine with any of your applications for others to use, or transfer the software or this Agreement to any third party.
  4. DATA.
    1. Data Collection. GitHub may use your personal information as set forth in the Privacy Statement. The software may collect information about you and your use of the software, and send that to GitHub. GitHub may use this information to provide services and improve our products and services. You may opt-out of many of these scenarios, but not all, as described in the software documentation. There may also be some features in the software that may enable you and GitHub to collect data from users of your applications. If you use these features, you must comply with applicable law, including providing appropriate notices to users of your applications together with a copy of GitHub’s Privacy Statement. You can learn more about data collection and use in the software documentation and our privacy statement. Your use of the software operates as your consent to these practices.
    2. Processing of Personal Data. To the extent GitHub is a processor or subprocessor of personal data in connection with the software, GitHub makes the commitments in the GitHub Privacy Statement.
    3. Telemetry. GitHub will use data for analytics and measurement to understand how our software and related products are used. The software will collect data and usage information about events generated when interacting with the software. These events help us analyze and measure performance and features used. This usage information is used by GitHub and may be shared with affiliates and other third parties to help deliver, develop, evaluate, and improve the software and related products. We analyze data to ensure the software is working as intended, to evaluate the safety, reliability, and user experience of the software, and to investigate and detect potential abuse. We may combine the information we collect amongst our software and services for the purposes described herein and in our privacy statement. You may revoke your consent to the telemetry and personal data processing operations by contacting GitHub and requesting removal from the technology preview. Please note that, if you request removal from this preview, you will no longer be able to use the software.
  5. UPDATES. The software may install automatic updates and download and install them for you. You may obtain updates only from GitHub or authorized sources. You agree to these automatic updates without any additional notice. Software updates may not include or support all existing software features, platforms, services or peripheral devices. These updates are generally meant to improve and evolve the software, but they may also change or disable any part of the software, including but not limited to, removing features and services, revoking support for certain platforms or hardware.
  6. TIME SENSITIVE SOFTWARE. This Agreement is effective on your acceptance and terminates upon (i) commercial release of the software, (ii) termination by GitHub, or (iii) at the discretion of GitHub to discontinue the support or development of this software. GitHub may extend this Agreement in its sole discretion. You may not be able to access data used in the software when it stops running.
  7. FEEDBACK. If you give feedback about the software to GitHub, you give to GitHub, without charge, the right to use, share and commercialize your feedback in any way and for any purpose. You will not give feedback that is subject to a license that requires GitHub to license its software or documentation to third parties because we include your feedback in them. These rights survive this agreement.
  8. COMMUNICATIONS. By participating in the technology preview program, you agree to be contacted by us to receive electronic communications regarding your participation in the technology preview program, including but not limited to, emails regarding your status in a particular technology preview and request(s) for software feedback.
  9. DISCLAIMER OF WARRANTY. THE SOFTWARE IS LICENSED “AS IS,” WITHOUT WARRANTY OF ANY KIND, WHETHER EXPRESS, IMPLIED OR STATUTORY. YOU BEAR THE SOLE RISK OF USING IT. GITHUB GIVES NO EXPRESS WARRANTIES, GUARANTEES, COMMITMENTS, OR CONDITIONS ABOUT THE SOFTWARE OR ITS QUALITY, RELIABILITY, AVAILABILITY, SECURITY OR FUNCTION. TO THE EXTENT PERMITTED UNDER YOUR LOCAL LAWS, GITHUB DISCLAIMS ALL WARRANTIES OF ANY KIND, INCLUDING BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, TITLE, FITNESS FOR A PARTICULAR PURPOSE, QUIET ENJOYMENT, ACCURACY, COURSE OF DEALING, USAGE OF TRADE AND NON-INFRINGEMENT. THE SOFTWARE MAY CONTAIN ERRORS, HAVE DEFECTS OR BUGS, AND MAY DELETE OR CORRUPT YOUR DATA.
  10. LIMITATION OF LIABILITY. GITHUB HAS NO OBLIGATION TO DEFEND, INDEMNIFY OR HOLD YOU HARMLESS FOR ANY CLAIMS BROUGHT BY THIRD PARTIES ARISING FROM YOUR USE OF THE SOFTWARE. GITHUB’S MAXIMUM LIABILITY IS LIMITED TO DIRECT DAMAGES UP TO FIVE HUNDRED DOLLARS ($500).
  11. EXPORT RESTRICTIONS. You must comply with all domestic and international export laws and regulations that apply to the software, which include restrictions on destinations, end users, and end use.
  12. APPLICABLE LAW AND PLACE TO RESOLVE DISPUTES. This Agreement is governed by the federal laws of the United States of America and the laws of the State of California, for the interpretation of this Agreement, claims for its breach, and all other claims (including consumer protection, unfair competition, and tort claims), regardless of conflict of laws principles. You and GitHub agree to submit to the exclusive jurisdiction and venue of the courts located in the City and County of San Francisco, California.
  13. ENTIRE AGREEMENT. This Agreement together with the GitHub Privacy Statement, and any other terms GitHub may provide, represent the entire agreement for the pre-release software. This Agreement supersedes any proposal, communication, or prior agreement oral or written, between you and GitHub relating to pre-release software. GitHub reserves the right to update this Agreement at any time without prior notice to you.