1. Google Workspace Components. Customer’s use of the Google Workspace Components (as defined in the Services Summary of this Agreement) are subject to any applicable provisions of the then-current Google Workspace Service Specific Terms as described at https://workspace.google.com/intl/en/terms/service-terms/, which provisions are incorporated by reference into this Agreement.
2. Pre-General Availability Offerings Terms. Google may make available to Customer pre-general availability Cloud Identity features, services, or software that are identified as "Early Access," "Alpha," "Beta," "Preview," "Experimental," or a similar designation in the Services Summary, related documentation or materials, or a Test Application (as defined below) (collectively, "Pre-GA Offerings" ). While Pre-GA Offerings are not Services, Customer's use of Pre-GA Offerings is subject to the terms of the Agreement applicable to Services, as amended by this Section 2.
2.1 Access to and Use of Pre-GA Offerings.
(a) Test Applications. Customer may apply to be a test user of Pre-GA Offerings by submitting the application available via the Admin Console or otherwise from Google ("Test Application(s)"). If accepted as a test user (based on Google's then-current domain level requirements for test users), Google will make that Pre-GA Offering available for use by Customer subject to the terms of this Section 2. Additional terms ("Specific Test Terms") may apply to that Pre-GA Offering and, if applicable, will be provided by Google via the Test Application or otherwise in writing before any use by Customer. The Test Application and any Specific Test Terms are incorporated into this Section 2.
(b) Use of Customer Test Data. Subject to Sections 2(c) (Use Restriction for Government Customers) and 2(d) (Use Restriction for Protected Health Information) below, Google may, and Customer will (including by collecting or providing any required consents or notices) ensure that Google may use any Customer Data (including Customer Personal Data) submitted, stored, sent or received via any Pre-GA Offerings by Customer or its End Users ("Customer Test Data") to provide, test, analyze, develop and improve those Pre-GA Offerings and any Google products and services used with them without any restriction or obligation to Customer, any End User or any third party, other than as stated in the Agreement's confidentiality provisions and below.
If Customer has accepted or the parties have otherwise agreed to Google's then-current terms describing data protection and processing obligations with respect to Customer Data as stated at https://cloud.google.com/terms/data-processing-addendum (the "Cloud Data Processing Addendum" or "CDPA" ), the CDPA will apply to Pre-GA Offerings as "Services" for purposes of the CDPA and, for clarity, this Section 2 will form part of the "Agreement" referred to in Section 5.2 (Compliance with Customer's Instructions) of the CDPA, subject to the following amendments:
(i) Customer acknowledges that, for purposes of Section 6.1 (Deletion by Customer) of the CDPA and to the extent permitted by applicable law, the functionality of the Pre-GA Offerings may not allow deletion of Customer Test Data during the period during which Customer is permitted to use the Pre-GA Offering ("Pre-GA Term"), but that Customer Test Data will be deleted upon expiration of the Term in accordance with Section 6.2 (Return or Deletion When Term Ends) of the CDPA;
(ii) Unless stated otherwise in Specific Test Terms: (A) information about Subprocessors (as defined in the CDPA) engaged in relation to Pre-GA Offerings, including their functions and locations, will be made available in writing by Google upon request from Customer; and (B) Google will inform Customer of the engagement during the Pre-GA Term of any new third party Subprocessor engaged by Google in relation to Pre-GA Offerings (including the name and location of the Subprocessor and its activities) by sending an email to the Notification Email Address before the Subprocessor starts processing any Customer Test Data. Customer may, as its sole and exclusive remedy if Customer objects to the Subprocessor, cease using the applicable Pre-GA Offering.
(c) Use Restriction for Government Customers. Unless authorized in writing by Google, the following customers may only use test or experimental data with Pre-GA Offerings and are prohibited from using any "live" or production data in connection with Pre-GA Offerings: U.S. or other government customers, including federal, national, state, provincial, or local government or regulatory entities or agencies and excluding customers that are educational institutions.
(d) Use Restriction for Protected Health Information. Customer may not use Pre-GA Offerings to process Protected Health Information as defined in HIPAA.
2.2 Change, Suspension, or Discontinuance. Pre-GA Offerings (including any of their features) may be changed, suspended or discontinued at any time without prior notice to Customer.
2.3 Disclaimer. PRE-GA OFFERINGS ARE PROVIDED 'AS IS', WITHOUT ANY EXPRESS OR IMPLIED WARRANTIES OR REPRESENTATIONS OF ANY KIND, AND ARE NOT COVERED BY ANY SLA OR GOOGLE INDEMNITY. Except as otherwise indicated in Specific Test Terms for a given Pre-GA Offering, Pre-GA Offerings are not covered by TSS.
2.4 Liability. Google will not be liable for any amounts in excess of the lesser of (A) the limitation on the amount of liability stated in the Agreement or (B) $25,000. Nothing in the preceding sentence will affect exclusions from any limitation of liability in the Agreement with respect to the following: (1) death or personal injury resulting from negligence, (2) fraud or fraudulent misrepresentation, (3) infringement of the other party’s Intellectual Property Rights, or (4) matters for which liability cannot be excluded or limited under applicable law.
2.5 Termination. Google may terminate Customer's use of a Pre-GA Offering at any time with written notice to Customer, including to allow other customers to use that Pre-GA Offering.
