SHIELDFC LTD. OR ANY OF ITS AFFILIATES (“SHIELD”) IS WILLING TO PROVIDE THE ACCESS RIGHTS IN ACCORDANCE WITH AND SUBJECT TO CUSTOMER’S ACCEPTANCE OF THESE TERMS AND CONDITIONS (“AGREEMENT”). SUBJECT TO YOUR COMPLIANCE WITH THE TERMS AND CONDITIONS OF THIS AGREEMENT, THE ACCESS RIGHTS TO THE SERVICES SPECIFIED IN THE ORDER SUBMITTED BY CUSTOMER (OR SHIELD’S AUTHORIZED RESELLER ON CUSTOMER’S BEHALF) AND ACCEPTED BY SHIELD (“ORDER”), TO WHICH THIS AGREEMENT IS INCORPORATED, SHALL BE PROVIDED DURING THE APPLICABLE ACCESS TERM. IF YOU ARE ENTERING INTO THIS AGREEMENT ON BEHALF OF AN ORGANIZATION, ALL REFERENCES TO “CUSTOMER”, “YOU” OR “YOUR” IN THIS AGREEMENT SHALL MEAN COLLECTIVELY THE ORGANIZATION AND THE END USER OF THE SERVICES.
1 DEFINITIONS The following capitalized terms shall have the meaning ascribed to them below:
Access Term. The term, as further described in Section 3 below, for which Shield has contractually agreed to provide you with access to the Services in accordance with the Order.
Access Fees.mIn US dollars or any other agreed currency, the fees due to Shield, as further specified in the Order, for use of the Services to the extent of the Access Rights.
Access Rights. The type and quantity of access rights granted to Customer for use during the applicable Access Term.
Billing Period. The billing period for which the Access Fees shall be calculated and invoiced to Customer in advance on a pro rata basis as follows: (i) annual billing period(s) for an Access Term for the Service, and (ii) for any add-on Order(s) for that Service, a proportionate period for the initial billing cycle to enable annual co-billing thereafter.
Confidential Information. Any non-public information, technical data, or know-how, including, without limitation, that which relates to: (i) research, product plans, products, pricing, services, customers, personnel, markets, software, software code, software documentation, developments, inventions, lists, trade secrets, data compilations, processes, designs, drawings, engineering, hardware configuration information, marketing or finances, which is designated in writing to be confidential or proprietary at the time of disclosure if provided in tangible form, or if provided in non-tangible form, shall be identified by the disclosing party at the time of disclosure as confidential or proprietary, (ii) with respect to Shield, information concerning the Services, Hosted Environment, and Documentation provided hereunder and/or materials resulting from services, and any derivatives thereto, and the terms and conditions of this Agreement, and (iii) with respect to you, any Customer Data. Notwithstanding the foregoing, Confidential Information does not include information, technical data or know-how that is: (a) in the public domain or becomes available to the public and not as a result of the act or omission of the receiving party; (b) without restriction on disclosure, rightfully obtained by the receiving party from a third party; (c) without restriction on disclosure, lawfully in the possession of the receiving party at the time of disclosure; or (d) approved for release by written authorization of the disclosing party.
Customer Data. All data either provided by you or entered on your behalf through use of the Services, or collected or generated by the Services on behalf of you, including any Personal Data.
Customer Environment. The computing environment separately procured, prepared and maintained by you for the access and use of the Services, where such computing environment meets Shield’s then-current minimum requirements.
Data Subject. An individual who uses the Services and/or about which information is collected or generated as a part of the Services.
Designated Employees. A reasonable number of Customer Personnel (including Customer’s system administrator), who have received training from Shield. Designated Employees may be changed by notice to Shield.
Documentation. Shield’s documentation describing the specifications and use of the Services as updated from time to time.
Error. A failure of the Service to substantially conform to the Documentation that Shield can replicate or you can duplicate.
Error Correction. Revisions, modifications, alterations, and additions to the Services, installed by Shield in the Hosted Environment as bug fixes or workarounds to resolve Errors.
Hosted Environment. Shield or its third party’s technical environment required to operate and provide access to the relevant Services.
Intellectual Property Rights. Any and all tangible and intangible rights, title and interest in and to: (i) works of authorship, including but not limited to copyrights, neighboring rights, moral rights, and mask works, and all derivative works thereof, (ii) trademarks and trade names, (iii) Confidential Information, trade secrets and know-how, (iv) patents, designs, algorithms and other industrial property, (v) all other intellectual and industrial property rights whether arising by operation of law, contract, license, or otherwise, and (vi) all registrations, initial applications, renewals, extensions, continuations, divisions or reissues thereof now or hereafter in force.
Personal Data. In respect of each Data Subject means any information relating to an identified or identifiable natural person; an identifiable natural person is one who can be identified, directly or indirectly, in particular by reference to an identifier such as a name, an identification number, location data, an online identifier or to one or more factors specific to the physical, physiological, genetic, mental, economic, cultural or social identity of that natural person which shall include information collected by the use of web-site cookies and IP addresses.
Personnel. With respect to you, each of your employees or independent contractors (not a competitor of Shield) under obligations of confidentiality and nondisclosure, and other individuals with access to components of the Service designated for external use, which you authorize to use the Services purchased and/or the Access Rights procured hereunder; with respect to Shield, each Shield employee or subcontractor under obligations of confidentiality and nondisclosure which performs on behalf of Shield hereunder.
Privacy Laws. Laws, as applicable to Personal Data, concerning the regulation of the collection, processing, data security, and trans-border data flows, use of web-site cookies, email communications, use of IP addresses and meta-data collection.
Services. The online services offered by Shield as more fully described in the Documentation, and all Access Rights, each as specified on an Order.
Scheduled Downtime. Any downtime scheduled to perform system maintenance, backup and upgrade functions for the Hosted Environment, and any other downtime incurred as a result of a Customer request.
Unscheduled Downtime. Any time outside of the Scheduled Downtime when the Hosted Environment is not available to perform operations. Unscheduled Downtime is measured in minutes.
Updates. Periodic improvements or additions to the Services, including Error Corrections and other changes to the Services, that may be provided hereunder, but excluding any new feature or substantial additional functionality available for the Service, which, in Shield’s sole discretion, is subject to additional fees.
Shield Intellectual Property.All Intellectual Property Rights in the Services, Documentation, Hosted Environment, and all other Confidential Information provided by Shield hereunder.
2 ACCESS RIGHTS. During the Access Term, and solely for your internal business use (which may include external use of designated components by your customers), Shield grants to you a non-exclusive, non-transferable, non-assignable, personal right to use the Services specified in the Order through internet access, up to the extent of the Access Rights specified in the Order. With respect to the Documentation, you may make a reasonable number of copies of the Documentation applicable to the Services solely as reasonably needed for your internal business use in accordance with the express use rights specified herein. You acknowledge and agree that the use rights provided hereunder do not grant any rights not explicitly expressed. All other such rights and interests in Shield Intellectual Property (including any derivatives thereto) are expressly reserved, owned by and remain vested in Shield and its third party vendors, and except for the limited use rights granted hereunder, you shall not assert any right, title, or interest in or to any Shield Intellectual Property, or portion thereof. Without limiting the foregoing, you acknowledge and agree that no rights or any other interests are provided to you with respect to: (i) rights in or to the Hosted Environment or Services beyond those rights specified in the Order, (ii) rights to provide access to or use of the Hosted Environment, Services to any other party, including, without limitation, any uses in the nature of a service bureau or application services provider, (iii) rights to obtain possession of copies of any component of the Hosted Environment or any software used to provide or perform the Services, or (iv) representations, warranties or other third party beneficiary rights from any Shield third party vendor.
3 ACCESS TERM. Unless otherwise specified on the Order, an Access Term shall commence upon the date Shield accepts the applicable Order and shall continue for the Term as specified on the Order. Each Access Term is non-cancelable, and upon expiration shall automatically renew for additional annual terms at Shield’s then current rates, unless either party provides the other with no less than sixty (60) days prior written notice of its intent to not renew.
4 SHIELD RESPONSIBILITIES.
4.1 SUPPORT THIS SECTION SHALL NOT APPLY TO ANY BETA, PILOT OR OTHER TRIAL SUBSCRIPTIONS, OR TO ANY NON-PRODUCTION ENVIRONMENTS, EACH OF WHICH ARE PROVIDED ‘AS IS’ AND WITHOUT ANY SERVICE LEVEL COMMITMENTS OR WARRANTY OF ANY KIND. As part of the Services, during any Access Term and subject to payment of all fees, Shield shall, either directly, or through its applicable third party vendor(s), provide support for the Hosted Environment and Services in accordance with the terms and conditions of this Section.
4.1.1 Support and Updates. In addition to establishing and maintaining the Hosted Environment, Shield shall maintain the components of the Hosted Environment with all current Updates that Shield deems necessary for the Services. Shield shall use commercially reasonable efforts to implement any required Error Corrections. Access to the Services and maintenance of the Hosted Environment shall be in accordance with Shield support plan as may be in effect from time to time.
4.1.2. Uptime Shield will use commercially reasonable efforts to ensure that the Hosted Environment will be available 24 hours per day, 7 days per week, excluding any Scheduled Downtime. Daily system logs will be used to track Scheduled Downtime and any other Hosted Environment outages. Scheduled Downtime will be scheduled in advance during off-peak hours (based on ET).
4.2 Backup and Recovery of Data. As a part of the Services, Shield shall maintain a backup of all Customer Data that Shield is required to retain as a part of the Services. In the event the Customer Data becomes corrupt, Shield shall use commercially reasonable efforts to remediate and recover such corrupt data.
4.3 Security. Shield shall, either directly, or through its third party service provider, implement and maintain commercially reasonable security precautions to prevent unauthorized access to the Customer Data that is retained within the Hosted Environment. Shield reviews its security precautions on a regular basis and modifies them as required by legal, regulatory, and other requirements.
5 CUSTOMER DATA. Shield acknowledges it receives no ownership or, except to the extent specified herein, other rights in any Customer Data, and all rights, title and interest in such Customer Data remain with you. Shield shall not, and shall not permit its third party vendor(s) to disclose Customer Data to any third party, or make any use of the Customer Data, unless authorized by you or Shield is required to do so by law or court order. You agree that you are solely responsible for: (i) obtaining any Customer Data and other information you provide while using the Services, (ii) obtaining all rights and requisite consents necessary to collect and use the Customer Data, and (iii) the accuracy, completeness, quality, integrity, legality, reliability, appropriateness and copyright of all Customer Data. By providing any Customer Data or other information, you represent and warrant that such information does not (x) violate any intellectual property rights, publicity rights, confidentiality or trade secret rights, or any other legal or equitable rights; (y) violate any law, rule, order, judgment or regulation to which you or the Customer Data may be subject; and (z) violate in any way your obligations in Section 6.1 below. You acknowledge and agree that Shield is not responsible or liable for any unlawful, harassing, defamatory, privacy invasive, abusive, threatening, offensive, harmful, vulgar, obscene, tortuous, hateful, racially, ethnically or otherwise objectionable information, or content, or information or content that infringes or may infringe any copyright, patent, moral right, trade secret, confidential information, trademark right or any other right of a third party. Shield may remove any violating content posted on the Services or transmitted through the Services, without notice to you.
6 CUSTOMER RESPONSIBILITIES.
6.1 Passwords All access codes and passwords are personal to the individual to which it is issued. You and your Personnel are responsible for maintaining the confidentiality and security of all access codes and passwords issued, and ensuring that each access code and password is only used by the individual authorized. To the extent Shield assigned you with administrative rights to create access codes and passwords for your Personnel, you shall be responsible for issuing such passwords.
6.2 Use of Services. Customer shall be solely responsible for the actions of its Personnel while using the Services and the contents of its transmissions through the Services (including, without limitation, Customer Data), and any resulting charges. Customer agrees: (i) to abide by all local, state, national, and international laws and regulations applicable to Customer’s use of the Services, including without limitation all laws and administrative regulations (including, all U.S. and applicable foreign) relating to the control of exports of commodities and technical and/or Personal Data, and shall not allow any of its Personnel or Data Subjects to access or use the Service in violation of any export embargo, prohibition or restriction, including but not limited to any party on a U.S. government restricted party list; (ii) not to upload or distribute in any way files that contain viruses, corrupted files, or any other similar software or programs that may damage the operation of the Hosted Environment, Services or another’s computer; (iii) not to use the Services for illegal purposes; (iv) not to interfere or disrupt networks connected to the Hosted Environment or Services; (v) not to post, promote or transmit through the Services any unlawful, harassing, defamatory, privacy invasive, abusive, threatening, offensive, harmful, vulgar, obscene, tortuous, hateful, racially, ethnically or otherwise objectionable information or content of any kind or nature; (vi) not to transmit or post any material that encourages conduct that could constitute a criminal offense or give rise to civil liability; (vii) not to interfere with another customer’s use and enjoyment of the Services or another entity’s use and enjoyment of similar services; (viii) not to engage in contests, chain letters or post or transmit “junk mail,” “spam,” “chain letters,” or unsolicited mass distribution of email through or in any way using the Services; (ix) to comply with all regulations, policies and procedures of networks through which Customer connects to, or uses in connection with the Services; and (x) to provide any required notifications to Data Subjects, and obtain all rights and requisite consents from Data Subjects in accordance with all applicable data privacy and other laws in relation to the collection, use, disclosure, creation and processing of Personal Data, and in connection with this Agreement and the use of the Services.
7 Services Restrictions.
7.1 Except as otherwise specified in this Agreement, expressly permitted in writing by Shield, or otherwise cannot be precluded under mandatory applicable law, you shall not, and shall not permit any other party to:
a. Disassemble, decompile, decrypt, or reverse engineer, or in any way attempt to discover or reproduce source code for, any part of the Services; adapt, modify, or prepare derivative works based on any of the Shield Intellectual Property; or use any of the Shield Intellectual Property to create any computer program or other material that performs, replicates, or utilizes the same or substantially similar functions as the Services;
b. Alter, remove, or suppress any copyright, confidentiality, or other proprietary notices, marks or any legends placed on, embedded or otherwise appearing in or on any Shield Intellectual Property; or fail to ensure that all such notices and legends appear on all full or partial copies of Shield Intellectual Property or any related material;
c. Sell, sublicense, lease, assign, delegate, transfer, distribute, encumber or otherwise transform any Shield Intellectual Property or any of the rights or obligations granted to or imposed on you hereunder.
7.2 Customer Environment. You are responsible for the establishment of the Customer Environment necessary for your use of the Services as Shield may specify in the Documentation. Additionally, you acknowledge and agree that Shield is not responsible for obtaining, licensing or selling any hardware, peripherals or third-party software or interfaces needed to prepare or maintain the Customer Environment.
7.3 Privacy Policies and Data Protection Notice You shall adopt, publish and comply with your privacy policy and ensure that such privacy policy is compliant with the Privacy Laws applicable to your use of the Services and how you collect, use and disclose Personal Data to third parties, such as Shield (though, for the avoidance of doubt, Shield need not be specifically named in your policy(ies)). Your privacy policy must be sufficient to inform a Data Subject of the information collected by Shield on your behalf during use of the Services and you warrant and represent that Shield has the right to collect and process Personal Data on your behalf in order to permit Shield to provide the Services and that such collection and processing shall not violate the rights of Data Subjects or the Privacy Laws.
7.4 Indemnity You, at your sole expense, shall defend, indemnify and hold harmless Shield from any action based upon a claim resulting from any breach of Sections 5, 6, by you, your its affiliates or Personnel of either, and shall reimburse Shield for all damages, costs, and expenses (including reasonable attorneys’ fees) awarded against Shield pursuant to any such actions.
8 PROFESSIONAL SERVICES.
You may order Professional Services from Shield or its authorized reseller or integrator by submitting a request for such services referencing this Agreement. Any services provided hereunder are subject to (i) your performance of any obligations herein, and (ii) the terms of a mutually agreeable implementation plan. With respect to any access to the Hosted Environment, use of the Services requiring integration and other services by and between Customer’s systems and the Hosted Environment, and configuration of the Services for your specific use, Shield agrees to perform those services to the extent specified on an Order. You must provide all necessary information, access, workspace, computing resources, and other services and support materials as reasonably required by Shield to perform its duties in a timely manner. All services provided on a time and material basis are per person unless otherwise specified, and charged hourly or daily as indicated for each person. Services scheduling is dependent upon the allocation and availability of Shield resources. In the event you reschedule or cancel scheduled services, Shield may, to the extent Shield cannot reschedule its applicable resources, charge you a rescheduling or cancellation fee.
9 WARRANTY
9.1 Limited Performance Warranty. Shield warrants to you that during any Access Term, the Services will perform substantially in accordance with the Documentation. Your exclusive remedy under this Section shall be for Shield to use commercially reasonable efforts to correct any Errors; provided, in the event Shield is unable to correct that nonconformity, you shall have the right to terminate the remaining Access Term and receive a pro rata refund of any remaining prepaid Access Fees applicable to those Services.
9.2 Warranty Disclaimer. EXCEPT AS EXPRESSLY SET FORTH IN SECTION 8.1, SHIELD MAKES NO AND DISCLAIMS ALL OTHER WARRANTIES, REPRESENTATIONS, OR CONDITIONS, WRITTEN OR ORAL, OR EXPRESS, IMPLIED, OR STATUTORY, INCLUDING ANY IMPLIED WARRANTIES OF MERCHANTABILITY, TITLE, INTEROPERABILITY, DATA ACCURACY, OR FITNESS FOR A PARTICULAR PURPOSE WITH RESPECT TO ANY PRODUCT, SERVICES, SUPPORT, OR ANY COMPONENTS THEREOF. WITHOUT LIMITING THE FOREGOING, SHIELD DOES NOT WARRANT THAT ALL ERRORS CAN BE CORRECTED, OR THAT OPERATION OF THE SERVICES SHALL BE UNINTERRUPTED OR ERROR-FREE. FOR THE AVOIDANCE OF DOUBT, SECTION 8.1 SHALL NOT APPLY TO ANY BETA, PILOT OR OTHER TRIAL SUBSCRIPTIONS, OR TO ANY NON-PRODUCTION ENVIRONMENTS, EACH OF WHICH ARE PROVIDED ‘AS IS’ AND WITHOUT WARRANTY OF ANY KIND.
10 CUSTOMER RESPONSIBILITIES.
10.1 Passwords. All access codes and passwords are personal to the individual to which it is issued. You and your Personnel are responsible for maintaining the confidentiality and security of all access codes and passwords issued, and ensuring that each access code and password is only used by the individual authorized. To the extent Shield assigned you with administrative rights to create access codes and passwords for your Personnel, you shall be responsible for issuing such passwords.
10.2 Use of Services. Customer shall be solely responsible for the actions of its Personnel while using the Services and the contents of its transmissions through the Services (including, without limitation, Customer Data), and any resulting charges. Customer agrees: (i) to abide by all local, state, national, and international laws and regulations applicable to Customer’s use of the Services, including without limitation all laws and administrative regulations (including, all U.S. and applicable foreign) relating to the control of exports of commodities and technical and/or Personal Data, and shall not allow any of its Personnel or Data Subjects to access or use the Service in violation of any export embargo, prohibition or restriction, including but not limited to any party on a U.S. government restricted party list; (ii) not to upload or distribute in any way files that contain viruses, corrupted files, or any other similar software or programs that may damage the operation of the Hosted Environment, Services or another’s computer; (iii) not to use the Services for illegal purposes; (iv) not to interfere or disrupt networks connected to the Hosted Environment or Services; (v) not to post, promote or transmit through the Services any unlawful, harassing, defamatory, privacy invasive, abusive, threatening, offensive, harmful, vulgar, obscene, tortuous, hateful, racially, ethnically or otherwise objectionable information or content of any kind or nature; (vi) not to transmit or post any material that encourages conduct that could constitute a criminal offense or give rise to civil liability; (vii) not to interfere with another customer’s use and enjoyment of the Services or another entity’s use and enjoyment of similar services; (viii) not to engage in contests, chain letters or post or transmit “junk mail,” “spam,” “chain letters,” or unsolicited mass distribution of email through or in any way using the Services; (ix) to comply with all regulations, policies and procedures of networks through which Customer connects to, or uses in connection with the Services; and (x) to provide any required notifications to Data Subjects, and obtain all rights and requisite consents from Data Subjects in accordance with all applicable data privacy and other laws in relation to the collection, use, disclosure, creation and processing of Personal Data, and in connection with this Agreement and the use of the Services.
11 Services Restrictions.
11.1 Except as otherwise specified in this Agreement, expressly permitted in writing by Shield, or otherwise cannot be precluded under mandatory applicable law, you shall not, and shall not permit any other party to:
a. Disassemble, decompile, decrypt, or reverse engineer, or in any way attempt to discover or reproduce source code for, any part of the Services; adapt, modify, or prepare derivative works based on any of the Shield Intellectual Property; or use any of the Shield Intellectual Property to create any computer program or other material that performs, replicates, or utilizes the same or substantially similar functions as the Services;
b. Alter, remove, or suppress any copyright, confidentiality, or other proprietary notices, marks or any legends placed on, embedded or otherwise appearing in or on any Shield Intellectual Property; or fail to ensure that all such notices and legends appear on all full or partial copies of Shield Intellectual Property or any related material;
c. Sell, sublicense, lease, assign, delegate, transfer, distribute, encumber or otherwise transform any Shield Intellectual Property or any of the rights or obligations granted to or imposed on you hereunder.
11.2 Customer Environment. You are responsible for the establishment of the Customer Environment necessary for your use of the Services as Shield may specify in the Documentation. Additionally, you acknowledge and agree that Shield is not responsible for obtaining, licensing or selling any hardware, peripherals or third-party software or interfaces needed to prepare or maintain the Customer Environment.
11.3 Privacy Policies and Data Protection Notice You shall adopt, publish and comply with your privacy policy and ensure that such privacy policy is compliant with the Privacy Laws applicable to your use of the Services and how you collect, use and disclose Personal Data to third parties, such as Shield (though, for the avoidance of doubt, Shield need not be specifically named in your policy(ies)). Your privacy policy must be sufficient to inform a Data Subject of the information collected by Shield on your behalf during use of the Services and you warrant and represent that Shield has the right to collect and process Personal Data on your behalf in order to permit Shield to provide the Services and that such collection and processing shall not violate the rights of Data Subjects or the Privacy Laws.
11.4 Idemnity. You, at your sole expense, shall defend, indemnify and hold harmless Shield from any action based upon a claim resulting from any breach of Sections 5, 6, by you, your its affiliates or Personnel of either, and shall reimburse Shield for all damages, costs, and expenses (including reasonable attorneys’ fees) awarded against Shield pursuant to any such actions.
12 PROFESSIONAL SERVICES. You may order Professional Services from Shield or its authorized reseller or integrator by submitting a request for such services referencing this Agreement. Any services provided hereunder are subject to (i) your performance of any obligations herein, and (ii) the terms of a mutually agreeable implementation plan. With respect to any access to the Hosted Environment, use of the Services requiring integration and other services by and between Customer’s systems and the Hosted Environment, and configuration of the Services for your specific use, Shield agrees to perform those services to the extent specified on an Order. You must provide all necessary information, access, workspace, computing resources, and other services and support materials as reasonably required by Shield to perform its duties in a timely manner. All services provided on a time and material basis are per person unless otherwise specified, and charged hourly or daily as indicated for each person. Services scheduling is dependent upon the allocation and availability of Shield resources. In the event you reschedule or cancel scheduled services, Shield may, to the extent Shield cannot reschedule its applicable resources, charge you a rescheduling or cancellation fee.
13 WARRANTY
13.1 Limited Performance Warranty. Shield warrants to you that during any Access Term, the Services will perform substantially in accordance with the Documentation. Your exclusive remedy under this Section shall be for Shield to use commercially reasonable efforts to correct any Errors; provided, in the event Shield is unable to correct that nonconformity, you shall have the right to terminate the remaining Access Term and receive a pro rata refund of any remaining prepaid Access Fees applicable to those Services.
13.2 Warranty Disclaimer. EXCEPT AS EXPRESSLY SET FORTH IN SECTION 8.1, SHIELD MAKES NO AND DISCLAIMS ALL OTHER WARRANTIES, REPRESENTATIONS, OR CONDITIONS, WRITTEN OR ORAL, OR EXPRESS, IMPLIED, OR STATUTORY, INCLUDING ANY IMPLIED WARRANTIES OF MERCHANTABILITY, TITLE, INTEROPERABILITY, DATA ACCURACY, OR FITNESS FOR A PARTICULAR PURPOSE WITH RESPECT TO ANY PRODUCT, SERVICES, SUPPORT, OR ANY COMPONENTS THEREOF. WITHOUT LIMITING THE FOREGOING, SHIELD DOES NOT WARRANT THAT ALL ERRORS CAN BE CORRECTED, OR THAT OPERATION OF THE SERVICES SHALL BE UNINTERRUPTED OR ERROR-FREE. FOR THE AVOIDANCE OF DOUBT, SECTION 8.1 SHALL NOT APPLY TO ANY BETA, PILOT OR OTHER TRIAL SUBSCRIPTIONS, OR TO ANY NON-PRODUCTION ENVIRONMENTS, EACH OF WHICH ARE PROVIDED ‘AS IS’ AND WITHOUT WARRANTY OF ANY KIND.
