Service Terms
The following Service Terms apply only to the specific Services to which the Service Terms relate. In the event of a conflict between the terms of these Service Terms and the terms of the Service Agreement or other agreement with us governing your use of our Services (the “Agreement”), the terms and conditions of these Service Terms apply, but only to the extent of such conflict. Capitalized terms used herein but not defined herein shall have the meanings set forth in the Agreement.
1. EPIC RIVER PLATFORM SERVICE TERMS
1.1. You may only use the Services to retrieve, and query content provided by us or third party licensors. This content is neither sold nor distributed to you and you may use it solely as part of the Services. You may not transfer it outside the Services without specific authorization to do so.
1.2. If you create technology that integrates with the Services you must comply with the current technical documentation applicable to the Services (including the applicable developer guides) as posted by us and updated by us from time to time.
1.3. You will provide information or other materials related to your access and integrations (including copies of any client-side applications) as reasonably requested by us to verify your compliance with the Agreement. Epic River may monitor the external interfaces (e.g., ports) of your access to verify your compliance with the Agreement. You will not block or interfere with our monitoring, but you may use encryption technology or firewalls to help keep your access confidential. You will reasonably cooperate with us to identify the source of any problem with the Services that Epic River reasonably believes may be attributable to your access or any end user materials that you control.
1.4. If Epic River reasonably believes any of your access violates the law, infringes or misappropriates the rights of any third party or otherwise violates a material term of the Agreement (including the documentation, the Service Terms, or the Acceptable Use Policy) (“Prohibited Access”), Epic River will notify you of the Prohibited Access and may request that such access be disabled. If you do not disable access within 2 business days of our notice, Epic River may suspend the Services to the extent Epic River is not able to disable access. Notwithstanding the foregoing, Epic River may remove content or disable access to any content without prior notice in connection with illegal content, where the content may disrupt or threaten the Services, pursuant to the Digital Millennium Copyright Act or as required to comply with law or any judicial, regulatory or other governmental order or request. In the event that Epic River removes content without prior notice, Epic River will provide prompt notice to you unless prohibited by law.
1.5. You may not access or use the Services in a way intended to avoid any additional terms, restrictions, or limitations (e.g., establishing multiple accounts in order to receive additional benefits under a special pricing program), and Epic River may immediately terminate your account if you do so.
1.6. If Epic River makes multiple discounts or pricing options for a Service available to you at one time, you will only be eligible to receive one discount or pricing option, and will not be entitled to cumulative discounting and pricing options.
1.7. You will ensure that all information you provide to us (for instance, information provided in connection with your registration for the Services, etc.) is accurate, complete and not misleading.
1.8. From time to time, Epic River may apply upgrades, patches, bug fixes or other maintenance to the Service Offerings (“Maintenance”). Epic River agree to use reasonable efforts to provide you with prior notice of any scheduled Maintenance (except for emergency Maintenance) and you agree to use reasonable efforts to comply with any Maintenance requirements that Epic River notifies you about.
1.9 Beta Service Participation
1.9.1 This Section describes the additional terms and conditions under which You may access and use certain features, technologies and services made available to you that are not yet generally available, including, but not limited to, any products or features labeled “beta”, “preview”, “pre-release”, or “experimental”(each, a “Beta Service”).
1.9.2 During the term of the applicable Beta Service, you may: (a) access and use the Beta Service solely for internal evaluation purposes; and (b) install, copy, and use any related content that may be provided to You in connection with the Beta Service (“Beta Materials”) solely as necessary to access and use the Beta Service in the manner permitted by this Section.
1.9.3 You agree not to allow access to or use of any Beta Service or Beta Materials by any third party other than Your employees and contractors who (i) have a need to use or access the Beta Service or Beta Materials in connection with Your internal evaluation activities, and (ii) have executed written nondisclosure agreements obligating them to protect the confidentiality of the Beta Service and Beta Materials.
1.9.4 You must comply with all policies and guidelines related to any Beta Service as posted on https://epicriver.com or otherwise made available to You, including the Privacy Policy, Acceptable Use Policy, these Service Terms, and any additional terms and conditions for a specific Beta Service. Epic River may add or modify restrictions, including lowering or raising any usage limits, related to access to or use of any Beta Service or Beta Materials at any time. If requested, You will promptly increase or decrease Your usage of the applicable Beta Service or Beta Materials to the levels Epic River may specify.
1.9.5 Epic River may suspend or terminate Your access to or use of any Beta Service at any time and for any reason. Beta Services also may be unavailable and/or their performance may be negatively affected by scheduled and unscheduled maintenance. Epic River will use reasonable efforts to notify You in advance of scheduled maintenance, but Epic River is unable to provide advance notice of unscheduled or emergency maintenance.
1.9.6 In consideration of being allowed to access and use a Beta Service, You agree to provide information relating to Your access, use, testing, or evaluation of the Beta Service or any related Beta Materials, including observations or information regarding the performance, features and functionality of the Beta Service or any related Beta Materials as applicable, when and in the form reasonably requested (“Test Observations”). Epic River will own and may use and evaluate all Test Observations for its own purposes. You will not use any Test Observations except for Your internal evaluation purposes of the Beta Service.
1.9.7 Each individual Beta Service will automatically terminate upon the release of a generally available version of the applicable Beta Service or upon notice of termination by Epic River. Notwithstanding anything to the contrary in the Agreement or these Services Terms, either You or Epic River may terminate Your participation in a Beta Service at any time for any reason upon notice to the other party. After the conclusion of your participation in a Beta Service for any reason, (a) You will not have any further right to access or use the applicable Beta Service and Beta Materials; (b) Your Content used in the applicable Beta Service may be deleted or inaccessible; and (c) You will immediately return or, if instructed by Epic River, destroy all Beta Materials or any other Epic River Confidential Information related to the applicable Beta Service or Beta Materials. If Epic River releases a generally available version of the Beta Service, Your access to and use of the generally available version will be subject to the Agreement and any separate Section of these Service Terms as may be specified for that generally available Service Offering. Epic River does not guarantee that any Beta Service will ever be made generally available, or that any generally available version will contain the same or similar functionality as the version made available by Epic River during the term of the Beta Service.
1.9.8 Beta Materials, Test Observations, Suggestions concerning a Beta Service, or any other information about or involving (including the existence of) any Beta Service are considered Epic River Confidential Information.
1.9.9 ADDITIONAL WARRANTY DISCLAIMERS. WITHOUT LIMITING ANY DISCLAIMERS IN THE AGREEMENT OR THESE SERVICE TERMS, THE BETA SERVICES AND BETA MATERIALS ARE NOT READY FOR GENERAL COMMERCIAL RELEASE AND MAY CONTAIN BUGS, ERRORS, DEFECTS OR HARMFUL COMPONENTS. ACCORDINGLY, AND NOTWITHSTANDING ANYTHING TO THE CONTRARY IN THE AGREEMENT OR THESE SERVICES TERMS, EPIC RIVER IS PROVIDING THE BETA SERVICES AND BETA MATERIALS TO YOU “AS IS.” EPIC RIVER AND ITS AFFILIATES AND LICENSORS MAKE NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE REGARDING THE BETA SERVICES AND BETA MATERIALS, INCLUDING ANY WARRANTY THAT THE BETA SERVICES AND BETA MATERIALS WILL BE UNINTERRUPTED, ERROR FREE OR FREE OF HARMFUL COMPONENTS, OR THAT ANY CONTENT, INCLUDING YOUR CONTENT, WILL BE SECURE OR NOT OTHERWISE LOST OR DAMAGED. EXCEPT TO THE EXTENT PROHIBITED BY LAW, EPIC RIVER AND ITS AFFILIATES AND LICENSORS DISCLAIM ALL WARRANTIES, INCLUDING ANY IMPLIED WARRANTIES OF MERCHANTABILITY, SATISFACTORY QUALITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, OR QUIET ENJOYMENT, AND ANY WARRANTIES ARISING OUT OF ANY COURSE OF DEALING OR USAGE OF TRADE.