Thanks for signing up to participate in GitHub pre-release programs! As a trusted member of our community, your feedback on new and experimental features is important to us. In order to share these new products and services with you – many of which are still secret and in development – we’ll need you to agree to a special set of terms. Welcome to the Pre-release Program Agreement (“Agreement”).
This Agreement is a legal agreement between you (“you”, "your") and GitHub, Inc. (“GitHub”, “we”, or “us”). Be sure to read this Agreement carefully – you can only be a pre-release program participant if you accept all the terms of this Agreement. By clicking the “Register for the GitHub Pre-release Program” button, or by participating as a pre-release program participant in any way – for example, by accessing information about GitHub products or services that aren’t yet available to the general public – you’re agreeing to be bound by all the terms of this Agreement. IF YOU’RE ENTERING INTO THIS AGREEMENT ON BEHALF OF A COMPANY OR OTHER LEGAL ENTITY, YOU REPRESENT THAT YOU HAVE THE LEGAL AUTHORITY TO BIND THE ENTITY TO THIS AGREEMENT, IN WHICH CASE "YOU" WILL MEAN THE ENTITY YOU REPRESENT. IF YOU DON’T HAVE SUCH AUTHORITY, OR IF YOU DON’T AGREE WITH THE TERMS AND CONDITIONS OF THIS AGREEMENT, YOU MUST NOT CLICK THE "REGISTER FOR THE GITHUB PRE-RELEASE PROGRAM" BUTTON, AND YOU CAN’T BE A PRE-RELEASE PROGRAM PARTICIPANT. IF YOU’RE A COMPANY OR OTHER LEGAL ENTITY, YOU REPRESENT THAT THE PERSON CLICKING THE "REGISTER FOR THE GITHUB PRE-RELEASE PROGRAM" BUTTON HAS THE AUTHORITY TO BIND YOU TO THIS AGREEMENT.
1. GitHub.com’s Terms of Use or the GitHub Enterprise Software License Agreement Will Apply
You need to have an account on GitHub.com or on a licensed instance of GitHub Enterprise in order to be a pre-release program participant. In addition to the GitHub.com Terms of Service or your applicable GitHub Enterprise License Agreement, as applicable, (the "Generally Applicable Terms"), by clicking the "Register for the GitHub Pre-release Program" button, you are also agreeing to be bound by this Agreement, such that both agreements will apply to you concurrently. In the event of a direct conflict between this Agreement and the Generally Applicable Terms, your Generally Applicable Terms will control, except with respect to any use of Pre-release Materials, in which case this Agreement will control.
2. Confidentiality; Access to Pre-Release Materials
As a pre-release program participant, you may get access to special information that isn’t available to the rest of the world. Due to the sensitive nature of this information, it’s important for us to make sure that you keep that information secret.
You agree that any non-public information we give you, or that you may have access to as a pre-release program participant, will be considered GitHub’s confidential information (collectively, “Confidential Information”), regardless of whether it is marked or identified as such. You agree to only use such Confidential Information for the express purpose of testing and evaluation of the Pre-release Materials (the “Purpose”), and not for any other purpose. You should use the same degree of care as you would with your confidential information but no less than reasonable precautions to prevent any unauthorized use, disclosure, publication, or dissemination of our Confidential Information. You promise not to disclose, publish, or disseminate any Confidential Information to any third party other than your employees and contractors, and then only to the extent that: (i) they need to know the Confidential Information for the Purpose; (ii) you make them aware of the confidential nature of the Confidential Information; (iii) you remain responsible for the acts and omissions of such employees and contractors; and (iv) we don’t otherwise prohibit or restrict such disclosure.
You understand that unauthorized disclosure or use of our Confidential Information could cause us irreparable harm, and significant injury that may be difficult for us to quantify. Accordingly, you agree that we’ll have the right to seek immediate injunctive relief to make sure you comply with this Agreement, in addition to any other rights and remedies we may have. If you are required by law, regulation or a valid binding order of a court of competent jurisdiction to disclose our Confidential Information, you may do so, but only if you notify us before you do, and do your best to limit such disclosure and to seek confidential, protective treatment of such information.
The obligations in this Section 2 won’t apply to information that you can prove: (i) was generally available to the public before we disclosed it to you; (ii) became generally available to the public after we disclosed it to you, through no action or inaction on your part, or on the part of your employees or contractors; (iii) you knew about before we disclosed it to you; (iv) was disclosed to you by a third party, who didn’t have any confidentiality obligations with respect to it; (v) you independently developed without breach of any confidentiality obligation to us or any third party; or (vi) we gave you permission to disclose, in a writing signed by one of our authorized representatives. If we give you access to any software, pre-release software or related documentation or materials, which may include videos or other forms of content (“Pre-release Materials”), then subject to your compliance with the terms and conditions of this Agreement and your Generally Applicable Terms, we hereby grant you a nonexclusive, nontransferable, revocable right and license to use the Pre-release Materials during the term of this Agreement, solely for the Purpose. If the Pre-release Materials are accompanied by a separate license agreement, you agree that the separate license agreement (in addition to any more restrictive provisions contained in this Agreement or your Generally Applicable Terms) will apply. You agree not to decompile, reverse engineer, disassemble, or otherwise reduce the Pre-release Materials to a human-perceivable form, and you promise not to modify, network, rent, lease, transmit, sell, or loan the Pre-release Materials, in whole or in part. You understand that we’re under no obligation to provide any Pre-release Materials to you, to provide you with updates, enhancements, or corrections to the Pre-release Materials, or to notify you of changes that we make to our products and services, now or in the future.
3. Term and Termination
This Agreement begins on the date you click “Agree”, and continues for a period of one (1) year. This Agreement will automatically renew for successive one-year terms unless either party gives written notice at least thirty (30) days before the current term expires that it wants to terminate, or one party terminates it earlier in accordance with this Section 3.
Either you or GitHub may terminate this Agreement for any reason, without cause, upon thirty (30) days prior written notice to the other. This Agreement will terminate immediately, without the requirement of notice, if you breach any term of this Agreement or your Generally Applicable Terms.
The rights and obligations in Sections 1, 2, and 4 through 17 will survive the termination or expiration of this Agreement. Upon t