Early Access Program Terms and Conditions

WEBTRENDS
EARLY ACCESS PROGRAM ADDENDUM
FOR EXISTING WEBTRENDS ON DEMAND CLIENTS

This Early Access Program Addendum (“Addendum”) applies to Client’s participation in the Early Access Program (“Program”) for the Early Access Products (defined below). This Addendum is entered into by and between the relevant Webtrends entity identified below (“Webtrends”) and the eligible Webtrends client who wishes to participate in the Program (“Client”).

  • For Clients located in Europe (excluding Aland Islands, Faroe Islands, Greenland, Denmark, Finland, Iceland, Norway, and Sweden), the Middle East, or Africa, the Webtrends entity entering into this Addendum is WT EMEA Acquisition Limited with registered offices at Mallard Court, Market Square, Staines, Middlesex TW 18 4RH United Kingdom, Registration No. 05389904.
  • For Clients located in Aland Islands, Faroe Islands, Greenland, Denmark, Finland, Iceland, Norway, or Sweden, the Webtrends entity entering into this Addendum is Webtrends Nordic AB, with offices at Axel Johanssons, Gata 4-6, 754 Uppsala, Sweden.
  • For Clients located in Australia or New Zealand, the Webtrends entity entering into this Addendum is WT EMEA Acquisition Limited, Australasia Branch with offices at Level 27, Rialto South Tower, 525 Collins Street, Melbourne VIC, 3000, Australia.
  • For all other Clients, the Webtrends entity entering into this Addendum is Webtrends Inc., with offices at 555 SW Oak Street, Suite 300, Portland, OR 97204, USA.

If you are an individual entering into this Addendum on behalf of your company, you represent that you have the authority to bind your company to this Agreement as “Client”. The “Effective Date” of this Addendum is the date that is the earlier of Client’s acceptance of this Addendum or its access to any Early Access Products.

By clicking “accept” or “agree”, Client agrees to this Addendum and acknowledges that this Addendum is a valid amendment to the Subscription Agreement (defined below) pursuant to the terms thereof.

1. Relationship with Subscription Agreement. Client and Webtrends previously entered into a Master Subscription Agreement, Terms of Subscription Service, or other agreement for Client’s access to Webtrends’ Solutions (the “Subscription Agreement”). This Addendum supplements the Subscription Agreement with additional terms specific to the Program and will control in event of a conflict with the Subscription Agreement relating to the Program. Otherwise, the Subscription Agreement fully applies to participation in the Program, and this Addendum forms part of the Subscription Agreement. Capitalized terms not defined in this Addendum have the meanings given to them in the Subscription Agreement.

2. Early Access Products; Materials. As part of the Program, and subject to the terms of this Addendum, Client may receive access to certain Webtrends solutions, tagging methods or features that are not yet generally included in Webtrends commercially available Solutions (“Early Access Products”). Client may use the Early Access Products and Materials (defined below) internally for testing and evaluation purposes only, subject to this Addendum and any requirements or restrictions set forth in any Materials. The Early Access Products, along with their available features, data collection options and usage parameters, will be designated by Webtrends and may change over time in light of Webtrends’ deployment schedule and other factors. “Materials” means any and all materials related to the Early Access Products, including without limitation any documentation, instructions, presentations, and other media. All Early Access Products are deemed Solutions under the Subscription Agreement, as modified by this Addendum.

3. Installation. Client will comply with any installation requirements provided by Webtrends. Installation of any Tagging Methods will be Client’s responsibility.

4. Confidentiality; Feedback. Client acknowledges and agrees that all information pertaining to the Early Access Products and Materials, including passwords, performance data, and feedback provided by Client related to the Early Access Products, are Webtrends’ Confidential Information.

5. Fees. There are no additional fees due for participation in the Program or use of the Early Access Products. This does not affect the fees under Client’s Subscription Agreement for use of other Solutions.

6. Data. Compared to other Solutions, Early Access Products may enable Client to collect additional or different types of data, as further described in the Materials provided by Webtrends. In any event, all data collected by or on behalf of Client using the Early Access Products is considered “Client Data” under the Subscription Agreement, as modified by this Addendum. For clarity, subject to this Addendum, (1) Webtrends’ security and privacy obligations in the Subscription Agreement continue to apply for Client Data collected by the Early Access Products under this Addendum, and (2) Client will ensure that Client’s use of the Early Access Products and all Client Data is compliant with Client’s privacy policies and all applicable laws, including (if applicable) the California Online Privacy Protection Act and similar laws governing data tracking across sites.

7. Term; Termination. This Addendum will start on the Effective Date and will terminate upon the earliest to occur of (1) Client entering into a commercial subscription agreement with Webtrends for the relevant Early Access Products, (2) termination of Client’s existing Subscription Agreement, or (3) either party’s notice to the other of termination of this Addendum (with or without cause). Upon termination of this Addendum pursuant to item (1) above, Client’s use of the Early Access Products will be governed by the applicable commercial subscription agreement. Upon termination of this Addendum pursuant to items (2) or (3) above, Client must cease using the Early Access Products and, at Webtrends’ request, will return or destroy (and certify destruction of) any Materials or other Confidential Information related to the Early Access Products provided by Webtrends. Sections 4 (Confidentiality; Feedback), 6 (Data), 9 (Disclaimers), and 10 (Limitations of Liability) will survive termination of this Addendum.

8. Modifications. From time to time, Webtrends may modify this Addendum, effective upon posting of the modified version. Webtrends will use reasonable efforts to notify Client of the changes through communications through Client’s Webtrends account, email, or other means. Client may be required to click to accept the modified Addendum to continue using the Early Access Products, and in any event, continued use of the Early Access Products after Webtrends’ notice of the modifications constitutes acceptance of the modified Addendum. If Client does not agree to the modifications, its sole remedy is to terminate this Addendum without cause pursuant to Section 7 (Term; Termination) above.

9. Disclaimers. The Early Access Products and any related technical support or Materials are provided “AS IS” and “AS AVAILABLE”, and use is at Client’s sole discretion and risk. Any Webtrends service level commitments in the Subscription Agreement do not apply to Early Access Products, nor does Webtrends’ Data Retention Policy apply to data collected using Early Access Products. WEBTRENDS DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION ANY IMPLIED WARRANTY OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, IN RELATION TO THE EARLY ACCESS PRODUCTS OR THEIR USE. Client acknowledges that, as of the Effective Date, the Early Access Products have not completed Webtrends’ full quality assurance program and may contain errors or defects. Client acknowledges that Webtrends may choose not to generally release the Early Access Products and that any generally released version may have different features or functionality from those in the Early Access Products used under this Addendum.

10. Limitations of Liability. WEBTRENDS WILL NOT BE LIABLE FOR ANY LOSS OF USE, LOST OR INACCURATE DATA, FAILURE OF SECURITY MECHANISMS, INTERRUPTION OF BUSINESS, COSTS OF DELAY OR ANY OTHER DIRECT, INDIRECT, CONSEQUENTIAL, SPECIAL, EXEMPLARY, PUNITIVE, OR OTHER LIABILITY RELATED TO THE EARLY ACCESS PRODUCTS OR THEIR USE, WHETHER IN CONTRACT, TORT OR ANY OTHER LEGAL THEORY. IF THE FOREGOING DISCLAIMER OF DIRECT DAMAGES IS NOT ENFORCEABLE AT LAW, WEBTRENDS’ ENTIRE AGGREGATE LIABILITY UNDER THIS ADDENDUM WILL BE LIMITED TO ONE HUNDRED DOLLARS (US$100). THESE LIMITATIONS ON LIABILITY WILL APPLY NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY AND TO THE FULLEST EXTENT PERMITTED BY LAW.

WEBTRENDS
WEBTRENDS Infinity evaluation aGREEMENT
FOR PROSPECTIVE WEBTRENDS ON DEMAND CLIENTS

This Webtrends Infinity Evaluation Agreement (“Agreement”) is entered into by and between the relevant Webtrends entity identified below (“Webtrends”) and the entity that wishes to evaluate the Infinity Solution (as defined below) (such entity, “Company”).

  • For Companies located in Europe (excluding Aland Islands, Faroe Islands, Greenland, Denmark, Finland, Iceland, Norway, and Sweden), the Middle East, or Africa, the Webtrends entity entering into this Agreement is WT EMEA Acquisition Limited with registered offices at Mallard Court, Market Square, Staines, Middlesex TW 18 4RH United Kingdom, Registration No. 05389904.
  • For Companies located in Aland Islands, Faroe Islands, Greenland, Denmark, Finland, Iceland, Norway, or Sweden, the Webtrends entity entering into this Agreement is Webtrends Nordic AB, with offices at Axel Johanssons, Gata 4-6, 754 Uppsala, Sweden.
  • For Companies located in Australia or New Zealand, the Webtrends entity entering into this Agreement is WT EMEA Acquisition Limited, Australasia Branch with offices at Level 27, Rialto South Tower, 525 Collins Street, Melbourne VIC, 3000, Australia.
  • For all other Companies, the Webtrends entity entering into this Agreement is Webtrends Inc., with offices at 555 SW Oak Street, Suite 300, Portland, OR 97204, USA.

If you are an individual entering into this Agreement on behalf of your company, you represent that you have the authority to bind your company to this Agreement as “Company”. The “Effective Date” of this Agreement is the date that is the earlier of Company’s acceptance of this Agreement or its access to the Infinity Solution.

By clicking “accept” or “agree”, Company agrees to this Agreement and acknowledges that this Agreement is a valid amendment to the TOSS (defined below) pursuant to the terms thereof.

Under this Agreement, Company is receiving a Trial Subscription to the Webtrends Infinity™ solution (“Infinity Solution”). The Infinity Solution is a Webtrends Solution under Webtrends’ Terms of Subscription Service, available at https://www.webtrends.com/terms-policies/saas-solution-legal-information/terms-subscription-service/ (“TOSS”). Company agrees to the terms and conditions of the TOSS, and Company’s usage of the Infinity Solution is subject to Section 7.4 (Trial Subscriptions) and the other provisions of the TOSS, as supplemented by this Agreement. Capitalized terms not defined in this Agreement have the meanings given to them in the TOSS. In the event of any conflict between this Agreement and the terms of the TOSS relevant to the subject matter of this Agreement, this Agreement will control.

1. Right to use the Infinity Solution. Subject to the terms and conditions of this Agreement and any requirements or restrictions set forth in any Materials (as defined below), Company may use the Infinity Solution and Materials internally for testing and evaluation purposes solely in order to determine whether to purchase a full subscription to the Infinity Solution. The Infinity Solution, along with its available features, data collection options and usage parameters, will be designated by Webtrends and may change over time in light of Webtrends’ deployment schedule and other factors. “Materials” means any and all materials related to the Infinity Solution, including without limitation any documentation, instructions, presentations, and other media.

2. Installation. Company will comply with any installation requirements provided by Webtrends. Installation of any Tagging Methods will be Company’s responsibility.

3. Confidentiality; Feedback. Company acknowledges and agrees that all information pertaining to the Infinity Solution, including passwords, performance data, and feedback provided by Company related to the Infinity Solution, are Webtrends’ Confidential Information.

4. No Fees. There are no fees due for Company’s evaluation access to the Infinity Solution under this Agreement.

5. Data. The Infinity Solution may enable Company to collect data, as further described in the Materials. All such data collected by or on behalf of Company is considered “Client Data” under the TOSS, as modified by this Agreement. Company will ensure that Company’s use of the Infinity Solution and all Client Data is compliant with Company’s privacy policies and all applicable laws, including (if applicable) the California Online Privacy Protection Act and similar laws governing data tracking across sites.

6. Term; Termination. This Agreement will start on the Effective Date and will terminate upon the earliest to occur of (1) sixty (60) days after the Effective Date, (2) Company entering into a commercial subscription agreement with Webtrends for the Infinity Solution, or (3) either party’s notice to the other of termination of this Agreement (with or without cause). Upon termination of this Agreement pursuant to item (2) above, Company’s use of the Infinity Solution will be governed by the applicable commercial subscription agreement. Upon termination of this Agreement pursuant to items (1) or (3) above, Company must cease using the Infinity Solution, and at Webtrends’ request, will return or destroy (and certify destruction of) any Materials or other Confidential Information related to the Infinity Solution provided by Webtrends. Sections 3 (Confidentiality; Feedback), 5 (Data), 9 (Disclaimers), and 10 (Limitations of Liability) will survive termination of this Agreement.

7. Modifications. From time to time, Webtrends may modify this Agreement, effective upon posting of the modified version. Webtrends will use reasonable efforts to notify Company of the changes through communications through Company’s Webtrends account, email, or other means. Company may be required to click to accept the modified Agreement to continue using the Infinity Solution, and in any event, continued use of the Infinity Solution after Webtrends’ notice of the modifications constitutes acceptance of the modified Agreement. If Company does not agree to the modifications, its sole remedy is to terminate this Agreement without cause pursuant to Section 6 (Term; Termination) above.

8. Support. Webtrends will use reasonable efforts to answer Company’s questions regarding use of the Infinity Solution, but Webtrends is not obligated to provide any other support during the term of this Agreement.

9. Disclaimers. Without limiting Section 7.4 (Trial Subscriptions) of the TOSS, the parties agree to this Section 9. WEBTRENDS DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION ANY IMPLIED WARRANTY OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, IN RELATION TO THE INFINITY SOLUTION OR ITS USE. No Webtrends service level commitments in the TOSS apply to the Infinity Solution, nor does Webtrends’ Solutions Security exhibit or Data Retention Policy. Company acknowledges that the Infinity Solution may include elements and features that are not yet generally included in Webtrends’ commercially available Solutions, and that the Infinity Solution has not completed Webtrends’ full quality assurance program and may contain errors or defects. Company acknowledges that Webtrends may choose not to generally release the Infinity Solution and that any generally released version may have different features or functionality from those in the Infinity Solution used under this Agreement.

10. Limitations of Liability. WEBTRENDS WILL NOT BE LIABLE FOR ANY LOSS OF USE, LOST OR INACCURATE DATA, FAILURE OF SECURITY MECHANISMS, INTERRUPTION OF BUSINESS, COSTS OF DELAY OR ANY OTHER DIRECT, INDIRECT, CONSEQUENTIAL, SPECIAL, EXEMPLARY, PUNITIVE, OR OTHER LIABILITY RELATED TO THE INFINITY SOLUTION OR ITS USE, WHETHER IN CONTRACT, TORT OR ANY OTHER LEGAL THEORY. IF THE FOREGOING DISCLAIMER OF DIRECT DAMAGES IS NOT ENFORCEABLE AT LAW, WEBTRENDS’ ENTIRE AGGREGATE LIABILITY UNDER THIS AGREEMENT WILL BE LIMITED TO ONE HUNDRED DOLLARS (US$100). THESE LIMITATIONS ON LIABILITY WILL APPLY NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY AND TO THE FULLEST EXTENT PERMITTED BY LAW.