TiDB Cloud may include private beta preview or other pre-release features, services, technologies, softwares, or regions offered by PingCAP for selected-only evaluation (“Private Previews“) which are an integral part of the TiDB Cloud Services. Before you apply for the Private Previews, please carefully read all of these TiDB Cloud Private Preview Terms and Conditions (these “Terms“). If you do not agree to any content of these Terms or cannot accurately understand them, please do not proceed. Once you choose to click the box indicating your acceptance and proceed with the operation, it means that you agree to these Terms. At that time, you should not claim that these Terms are invalid or request the revocation of these Terms on the grounds of not having read the content of these Terms or not understanding the Terms.
These Terms constitute a legal agreement between PingCAP (“PingCAP”, “we”, “us”, or “our”) and you or the entity you represent (“you” or “your”) and form an integral part of the Cloud Services Agreement and any other terms applicable to your use and access to TiDB Cloud (“CSA”). By accessing and/or using the Private Previews, you agree to these Terms. The CSA and these Terms apply to your use of the Private Previews. Except as set forth herein, the CSA together with these Terms remains in full force and effect. If there is a conflict between these Terms and the CSA, these Terms shall control. 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 Private Previews.
Scope of Use. Subject to these Terms, PingCAP grants to you a non-exclusive, non-transferable, non-sublicensable right to access and use the Private Previews only for your internal and personal uses within the trial period. PingCAP has no obligation to provide any support or assistance with respect to your use of the Private Previews.
Trial Period. PingCAP may discontinue, terminate, suspend, or change the Private Previews at any time without notice. After suspension or termination of the Private Previews, access to or use of any Private Previews for any reason, Customer Content used in the applicable Preview may be deleted or inaccessible. Use of Private Previews may result in consumption of fees under the CSA for TiDB Cloud Services and/or additional new fees based on the Preview features or functionality. PingCAP will make Customer aware of any new fees associated with Private Previews.
Confidentiality. The Private Previews, including documentation, are proprietary. They shall be handled as the confidential information of PingCAP, and shall be used by any receiving party solely for any licensed uses of the Private Previews. Any receiving party shall exercise the same degree of care with regard to the protection of the Private Previews as it uses in protecting and preserving its own confidential and proprietary information and shall restrict distribution of the Private Previews to only those employees, contractors, consultants, affiliates, and subsidiaries who are subject to an obligation to keep such information confidential. THIS RELEASE OF THE Private Previews MAY NOT BE REDISTRIBUTED OR PUBLISHED IN WHOLE OR IN PART TO ANY THIRD PARTY OTHER THAN YOU. You therefore agree not to transfer, copy, disclose, provide or otherwise make available such proprietary information in any form to any third party without the prior written consent of PingCAP.
Disclaimer and Liability Limitations. THE SLA DOES NOT APPLY TO THE Private Previews. 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.
Modifications to these Terms. PingCAP may modify these Terms at any time by posting a revised version on the website or by otherwise notifying you. You are advised to check and read these revised Terms from time to time to ensure that you are informed of any amendments made thereto. By continuing to access or use the Private Previews after any revisions become effective, you agree to be bound by the revised Terms. If you do not agree to the revised Terms, you are no longer authorized to use the Private Previews.